Records of the Virginia Company of London

LIBRARY OF CONGRESS
The Records of The Virginia Company of London THE COURT BOOK, FROM THE MANUSCRIPT IN THE LIBRARY OF CONGRESS

EDITED WITH AN INTRODUCTION AND BIBLIOGRAPHY, BY SUSAN MYRA KINGSBURY, A. M., Ph. D. INSTRUCTOR IN HISTORY AND ECONOMICS SIMMONS COLLEGE

PREFACE BY HERBERT LEVI OSGOOD, A. M., Ph. D. PROFESSOR OF AMERICAN HISTORY IN COLUMBIA UNIVERSITY

VOLUME I

WASHINGTON, GOVERNMENT PRINTING OFFICE, 1906, 47131 L. C. card, 6-35006

Note

In my report for 1904 I gave the reasons in favor of the printing by the Library of this and of similar unpublished manuscript records in its possession. It would save excessive wear and tear upon the originals; it would enable the texts to be studied by investigators who can not come to Washington; and it would encourage that thorough, detailed, and continuing study of them which their value and interest and a proper understanding of American history require. These reasons apply with peculiar force to the Records of the Virginia Company, unique in themselves and unique of their kind, and an additional one, in their case influential; that publication would make them available to persons who would not master the difficult chirography of the original.

Their history is fully told in the Introduction by Miss Kingsbury, and their importance as a document emphasized in the Preface by Professor Osgood. Previous efforts to secure their publication in extenso had not been successful. The present one originated in a proposal by Professor Osgood in behalf of the Public Archives Commission of the American Historical Association to edit them as a contribution to one of the Annual Reports of the Association; and although the work as issued is an independent publication of the Library, it has had the benefit of his expert counsel. It was at his instance also that Miss Kingsbury, then a graduate student in his department at Columbia, began the undertaking which she has so well accomplished, and which has consisted (1) in a complete transcript of the text itself; (2) in a close study not merely of this but of the numerous collateral and subsidiary documents both here and abroad; (3) in the preparation of the Introduction, Notes, Bibliography, and Index; and (4) in aid upon the proof. The proof has also, however, been read word for word with the original text, and revised by the Chief of the Division of Manuscripts, with the excellent assistance of Miss Minnie V. Stinson of that Division.

Herbert Putnam Librarian of Congress Worthington Chauncey Ford Chief, Division of Manuscripts

Preface

The records, and especially the Court Book, of the Virginia Company of London have long been regarded as among the most precious manuscript treasures which have found a lodgment within the United States. Not only is their inherent value as an historical source very great, as has been explained by the editor in her introduction, but a sentimental value also attaches to them. This has a twofold origin. It arises, in the first place, from the fact that they belong at once to the romantic period of our own beginnings and to the heroic period of England's great struggle against absolutism. The men who figure in the pages of this record were at the same time playing their parts, on the one side or the other, in the controversies which were then beginning with James I, and which were to broaden and deepen under his son till England was plunged into the agonies of the great civil war. They were contemporaries, and in not a few cases associates, of Coke and Eliot and Hampden, of Bacon and Wentworth and Buckingham. The names of Sandys and the Ferrars stand high on the roll of patriots by which the first generation of the Stuart period is distinguished. These same men also, together with a long list of the merchants and nobles of the time, were deeply interested in discovery and colonization. As successors of Gilbert and Raleigh they were planting a new England beyond the Atlantic. About this enterprise still clung some of the spirit and memories of the Elizabethan seamen and their early struggles with Spain. In the days when Smythe and Sandys were active the prosaic age of English colonization had not yet begun. The glamour of romance, of the heroic, attaches to the founding of Virginia and Plymouth, and makes them fit subjects for the poet. By the time when the other colonies were founded the glow and inspiration had grown faint or wholly disappeared. In the Records of the Virginia Company some reflection may be seen of this early zeal, of the plans and ideals to which it gave rise. Even their pages, cast in a style which is quite unusual in records of this nature, make one realize that he is in the company of noble and earnest spirits, men who were conscious that they were engaged in a great enterprise. The Court Book itself, now that it is printed in full, will be found to be a worthy monument of English speech, as it was used at the close of the Elizabethan epoch and by contemporaries of Shakespeare and Bacon.

The fate which probably befell the original of this record, and the unusual steps which it became necessary to take in order to secure and preserve a copy, were nat- ural consequences of the struggles of the time, and add still further to the interest of the text as we now possess it. Miss Kingsbury, by her use of the Ferrar papers, has been able to establish by the clearest proof the connection of Nicholas Ferrar with the transcription, and in many other ways she has added definiteness to the accounts usually given of the origin and preservation of the record as we now possess it. The transfer of the copy of the Court Book to Virginia and its transmission from hand to hand till, through the medium of Thomas Jefferson's library, it finally passed into the possession of Congress fittingly concludes the remarkable history of the preservation of this manuscript.

The high estimate which has been placed on its value is evidenced not only by the use that has been made of it by historians, but by the long-continued efforts which have been made to secure its publication. In 1858 Mr. J. Wingate Thornton, in an article in the "Historical Magazine," explained the nature of the Court Book, told how it had been preserved, and insisted upon the importance of its being published. "As these volumes are of national rather than of local interest," said he, "reaching back to the very foundation of the English companies for colonizing America; as they have escaped the chances and mishaps of two centuries, on either side of the Atlantic, ... and as Providence has now placed them in the keeping of our National Congress, is it not our national duty to have them appropriately edited and published?" The following year Mr. Thornton published a pamphlet in Boston, in which he outlined the history of the manuscript and again raised the question of its publication. But soon the Civil War came on, and plans of that kind, especially so far as they related to southern history, had to be postponed.

But in 1868, three years after the close of the war, Mr. Edward D. Neill pre- sented a memorial to Congress, in which he dwelt on the neglect by historians of these most valuable manuscripts. He stated that, while preparing his book entitled "Terra Mariae," he had familiarized himself with the chirography of the records. He now offered to undertake their editing without compensation, if he might be fur- nished with two copyists for a limited time and be allowed a small sum for stationery and contingent expenses. But this offer met with no response, and Mr. Neill was forced to content himself with the publication of extracts from the manuscript in his "History of the Virginia Company of London" (Albany, 1869).

In March, 1877, Mr. Robert A. Brock, of the Virginia Historical Society, pub- lished in the "Richmond Daily Dispatch" a "Plea for the Publication of the Records of the Virginia Company." In 1881 Senator John W. Johnston, of Virginia, intro- duced into Congress a bill which was intended to provide for the publication of the records. This passed the Senate, but failed in the House.

During three successive sessions between the years 1885 and 1888 Dr. J. Franklin Jameson applied to the Library Committee of Congress for permission to edit and publish the records without expense to the Government. His plan was to obtain a sufficient number of subscribers to justify the issue of the volumes by a private firm and to meet the cost of the sale. Another suggestion which he also made was the appointment of a commission which should concern itself with the publishing of historical material in the possession of Congress. While occupied with this matter Dr. Jameson explained the history and value of the records to the Rhode Island Historical Society, and his address was reviewed in the "Magazine of American History" (vol. 21, January–June, 1889, p. 82).

But meantime some progress had been made with the actual printing of the Court Book. Mr. Conway Robinson had made copious extracts from it, especially of the documentary material which is contained in the second volume. His extracts the Virginia Historical Society published in 1889, under the editorship of Mr. R. A. Brock. Until the present time this edition, in two volumes, has served the purpose of most students. But the requirements of historical study in this country have now reached a point where more complete and critical editions of the sources are needed than have been common in the past. If this need was to be met, it became at once apparent that no body of records was better adapted for a beginning than those which related to the Virginia Company of London. In date and subject matter they stand at the very threshold of American history. In character they form a distinct and unique group of material. By the issue of a definitive edition of these records the demand which scholars have so long made for their publication would be met and satisfied. It was under the influence of considerations like these that the present work was undertaken.

In the preparation of this body of records for the press critical accuracy and helpfulness have been sought in all possible ways. The spelling of the original has been carefully preserved throughout, for in editing a source of this character and importance any attempt to modernize the text would be properly regarded as unjusti- fiable. Not only has the spelling been preserved, but also the signs and abbrevia- tions which abound, the use of which the men of the period had inherited from still earlier times. So far as such a thing is possible in print, the text is exactly repro- duced in these volumes, while an added element of reality is supplied by the photo- graphs of specimen pages of the original manuscript.

Brief notes have been added where it was necessary to explain or call attention to obscurities, omissions, or other irregularities in the text, the purpose being to enable the reader to gain information of this kind from the printed page with the same certainty as if he were using the manuscript. In the notes, cross references have also been given to the documents of the company and to its publications, when they have been found to reproduce, or to illustrate and make more definite, the state- ments which are contained in the Court Book. In citations of this kind the number of each document is given as it appears in the List of Records in the Introduction. In this way the unity of the records of the company as a whole receives illustration, and the investigator will be aided in any effort which he may make to learn all which they have to reveal in reference to any subject. Finally, the index completes the invaluable service which Miss Kingsbury has rendered in the editorship of the work.

Herbert L. Osgood Columbia University

Contents

Page
NOTE 3
PREFACE 5
INTRODUCTION 11
I. Character of the Virginia Company:
Comparison with earlier movements for discovery 11
Comparison with earlier movements for trade 11
Importance of the Virginia Records 14
II. The Records of the Company under Sir Thomas Smythe:
Organization of the company under the charter of 1606 17
Change in character from 1606 to 1609 21
Classes of records, character and value 23
I. Fundamental documents emanating from the Crown. II. The court books. III. Documents issued by the company. IV. Letters from the planters and the outline of Argall's register in the colony. V. Publications of the company. VI. Private papers of adventurers. VII. Supplementary contemporary cor- respondence
III. The Collections of Documents, 1616–1624:
General character of the records 39
The Jefferson Library in the Library of Congress 41
The copy of the court book—acquirement by Mr. Jefferson. Manuscript records of the company, Volume III. The "courte booke" of the colony—contents and description
Transcripts of the Virginia Records 48
Randolph copy in the collection of the Virginia Historical Society. Jefferson tran- scripts. Transcripts of documents in England recently acquired by the Library of Congress
Documents in Richmond 54
Manuscripts in the New York Public Library 55
Collections of Americana 55
John Carter Brown Library, New York Public Library, Harvard Library, Private
Transcripts in the New York Public Library 58
Collections in England—Ferrar Papers, Magdalene College, Cambridge 59
History, description, and contents
Collections in England—Public Record Office 61
Manchester papers, history and character. State papers, colonial and domestic Records of courts: Admiralty, chancery, quo warranto, the King's bench. Origin and character
Collections in England—The Privy Council Office 66
Collections in England—British Museum 67
IV. The Records of the Company under the Sandys-Southampton Administration: Page
Organization of the company—Membership, meetings, officers 71
Methods of procedure—General usage and elections. Rewards 74
Record books provided for by the company 75
The extant records—The court book 78
History of the contemporary copy. Description of the contemporary copy in the Library of Congress. System of keeping the court book. Contents of the court book
The extant supplementary records 87
Documents giving an outline of the activity of the company. Documents revealing the movements for trade and industry. Documents which concern the relation with the colony. Records of the colony. Documents which concern the develop- ment of factions and the recall of the charter. Documents which record the relations between the company and the Crown
Conclusion—Value of the Virginia Records 103
Understanding of the organization and activity of the company. Value in a study of problems of state and of proprietary colonies.
V. The Fate of the Original Records of the Company:
Events leading up to the confiscation of the records by the Privy Council 107
The confiscation of the records, May 22, 1623 108
In charge of the clerk of the Privy Council, May 22–November 7, 1623. In charge of commissioners.
Theories as to the fate of the records 111
Retention by the Privy Council for the successive commissions of 1625, 1631, and 1634. Dissipation among the members of the successive commissions. Private collections which have been searched in vain for these records
Destruction of the records 115
BIBLIOGRAPHICAL LIST OF THE RECORDS OF THE COMPANY 119
TABLE OF EXPLANATIONS 207
THE COURT BOOK, VOLUME I 215
April 28, 1619, to May 8, 1622.
Illustrations
I. Certification of Volume I of the Original MS Front.
II. Writing of Thomas Collette (?) 280
Being page 54 of Volume I of the original MS.
III. Writing of the First Copyist (not identified) with John Ferrar's Notes 344
A record of the Summer Islands' Courts, from the Ferrar Papers.
IV. Writing of the Third Copyist (not identified) 464
Being page 214 of Volume I of the original MS.

1. The Character of the Company

The individual effort which had revealed itself at the close of the medieval period in other phases of the economic development and in the military history of the past quarter century was especially prominent in the movement in 1606 for a society of adventurers to trade in Virginia. The commercial advance had been due chiefly to private enterprise, and the naval expeditions into the West Indies against the Spanish had been fitted out and prosecuted by such adventurous spirits as Sir Francis Drake, while the zeal for exploration and for gold, which inspired John and Sebastian Cabot to search for a passage to Cathay and the East Indies in 1497, led Sir Humphrey Gilbert and Sir Walter Raleigh a century later to seek out the resources of the lands from Florida to Newfoundland. It is the same spirit of adventure which inspired the narratives of John Smith and Henry Spelman as they told of their relations with the Indians of America. But it is in the progress of both the commercial and the political life of England that the Virginia Company is important. For the plantation founded and nourished by a private concern as an enterprise purely for gain was the social cause from which developed the colony as a form of government. Its political organization is seen in its relations to the Crown, of which there were two distinct phases. During the first three years it was distinctly a creature of the King, the affairs of which were conducted by the King through a council created by himself and responsible to himself, while to the investors were left the privileges of raising the funds, furnishing the supplies, and sending out the expeditions. It was a modification of this form of management to which the government reverted after the dissolution of the Company in 1624, and again at the end of the century when royal colonies were substituted for proprietary and corporate forms throughout America. In the second phase the undertakers became distinctly proprietary, retaining the commercial responsibilities, but assum- ing governmental functions in place of the King.

A comparison between the royal grants for discovery in the sixteenth century and those of the Virginia Company shows that there was an increase in the direct territorial relations between King and subject, a limitation upon monopoly of trade, and a tendency on the part of the Crown to retain directly or indirectly the powers of government. Thus, in the letters patent to Richard Warde, Thomas Ashehurst, and associates in 1501, a

Biddle, Cabot, Appendix, pp. 312, 314, for this charter.

to Sir Humphrey Gilbert in 1578, and to Sir Walter Raleigh in 1584, b

Hakluyt, Principal Navigations, VIII, 17–23, 289–296.

the Crown conferred proprietorship of land with the right to grant it out in fee simple at will. But in 1606 the land was held by the undertakers, and again in 1609 by the adventurers and planters in free and common socage, as of the manor of Greenwich of the county of Kent. Under the first Vir- ginia charter it was granted by the King to those approved by the council; under the second, by the members of the company to anyone who should have adventured a certain sum of money or his person. The fief, distinctly so called in the early charters, for which homage was to be rendered, with no service, however, save that of one-fifth of the gold and silver gained, had disappeared; and the only direct feudal relation with the King which remained arose from the requirement of a per cent of the precious metals. The monopoly of trade by which Warde, Gilbert, and Raleigh were allowed to seize and detain any one who trafficked within two hundred leagues of a set- tlement was altered in 1606 so that the planters had only the right of collecting a tax from such interlopers. The rights of government which had been surrendered absolutely to the grantees in the sixteenth century charters were reserved to the King by the letters patent of 1606 to be exercised through the council. In 1609 these powers were conferred on the company as an open body, it must be remem- bered, and thus differed from the earlier grants and from the later proprietary grants to Lord Baltimore or to William Penn.

Although the charter emphasizes the government of the plantation, the Virginia Company was purely a commercial enterprise conducted by a private concern, even before the charter of 1609, as is shown by the history of its early years. It was backed by the patronage of the King, but only for the purpose of advancing the trade of the Kingdom in foreign parts and saving the Crown from expense and responsi- bility, as had been the policy in regard to the other trading companies. Nevertheless, it was a step toward colonial expansion, for, as has well been said, "the explorer is potentially a colonizer," and the army of laborers on the plantation became in time an army of free tenants in a colony. c

Osgood, H. L., The American Colonies in the 17th Century, I, 83.

While in the spirit of its commercial life the company was closely allied to the efforts for exploration and search for gold, morally supported by Elizabeth in her feudal grants, in its organization, as well as in its pur- pose, it resembled the private companies for trade based on ancient charters, and in its development is to be understood only through a knowledge of both of these earlier movements.

Thus in order to protect trade, but not for exploration and settlement, the ancient charters granted to the Merchant Adventurers in 1407 and 1462, and particularly the one of 1564, incorporated that company into a "Body Politick." The words of the grant declared its purpose to be "for the good Government, Rule and Order of the * * * Fellowship of Merchants Adventurers * * *. As also of all and every other of the subject of our heirs * * * using the seate of Trade of the said Merchants Adventurers * * *." a

Lingelbach, The Merchant Adventurers of England, 218–236 for extracts from the charters. The first two are published in Rymer, Foedera, and Hakluyt.

This was also the object expressed in the charter to the East India Company, b

East India Company, Charters.

although it contained an additional provi- sion for the acquisition of lands by purchase. Monopoly of trade and powers of government over factors, masters, or others in the employ of the company were conferred, but the exemption from customs was to continue for only four years, and the only settlements provided for were to have the form of factories. It had been established as a regulated company, that is, one in which each individual invested his own capital subject to the rules of the company; but in 1612 by increasing the importance of the directors and investing sums for a limited period it became a joint stock company. c

Cunningham, W., the Growth of English Industry and Commerce in Modern Times (edition of 1903), Part I, ch. VI, sec. VII.

As a prototype of the companies later incorporated both for discovery and trade, such as the Virginia Company, the Muscovy or Russian Company, known as the "Merchant Adventurers of England for the discoveries of lands and territories unknown," was established in 1555 with a joint stock of ¥6,000. Sebastian Cabot was appointed governor for life and with him was associated a board of directors of 4 consuls and 24 assistants. However, this company had also the rights of the compa- nies for exploration—that is, those of conquest, of acquiring lands, and of seizing the ships of any who should infringe on their monopoly of trade. d

See the patent in Hakluyt, II, 304–316. For full citation of the titles of printed works referred to in the notes, see the Bibliography, p. 212, post.

In 1583 a committee from the Muscovy merchants drew up a set of resolutions concerning a conference with M. Carlile upon his "intended discoverie and attempt into the hithermost parts of America," e

See "Articles set down by the Committees appointed in behalfe of the Company of muscovian Marchants to conferre with M. Carlile, upon his intended discoverie and attempt into the hither most parts of America," printed in Hakluyt, VIII, 147–150.

which was not dissimilar to the plan of Sir Walter Raleigh, and hence foreshadowed companies of the seventeenth century. It proposed to send forth 100 men for one year, providing ¥4,000 for the adventure, in order to gain a "knowledge of the particular estate of the country and gather what commodity may hereafter be looked for." Also, like the Virginia Company, it provided for a joint stock consisting of two groups, one of "adventurers" and one of "enterprisers," each to have one-half of the lands which should be divided among the members by the generality, but all trade was to belong to the adventurers and the corporation was to be closed after the first adventure. The scheme differed from the sixteenth century enterprises, which were especially intended for exploration, in that no question of government was considered, but it conformed to the ideas of Gilbert and Raleigh and of the trading companies, in that its rights over trade were to be purely monopolistic.

Apparently this plan of the Muscovy Company stands as a connecting link between the ideas of the explorer and those of the trader and the planter, a plan which may be said to have been carried out by the Virginia Company. It is significant that many of the members of the Virginia Company were men who had taken part in the expeditions of the late sixteenth century and had been interested in certain private voyages of exploration carried on during the five years preceding the receipt of its first charter, while most of the leaders of this company were at the same time stock- holders and even officers in the Muscovy Company, the Company of Merchant Adventurers, the East India Company, and later of the Turkey, the Guinea, and the African companies.

It is unnecessary to cite the charters of other companies or to search the history of the trading corporations of the sixteenth century in order to show that the Virginia Company was similar in character. But, like the Muscovy Company and the East India Company, it was established to carry on trade in new and uninhabited lands, and hence had the additional features of a company whose purpose was exploration and plantation. The latter characteristic appears more especially in the charter, the former in the instructions and correspondence of the entire period of its life. The object of its first undertakers was doubtless to search for minerals and for a route to the southwest, and to secure for trade the materials which were native and peculiar to those regions. The plantation was a necessity for this purpose, and incidentally, because of the character of the country, it was forced to become a colony. To estab- lish a settlement which should become a market for English goods, to advance the shipping, to spread the religion of the Kingdom were doubtless motives which aroused sympathy for the undertaking; but the arguments which brought investment were the opportunities for gain.

The position of the Virginia Company in the development of English exploration and trade was therefore important, and the study of its history is of value not only for the light which it throws on Virginia itself but for an understanding of the economic condition of England as well. Nor is this all. The few private records which remain of the Merchant Adventurers Company and those of the East India Company correspond so closely in form and in subject-matter to the court book of the Virginia Company that the similarity in form of organization and methods of conducting business is established. The fact that the private records, the books from which the knowledge of the actual financial transactions could be obtained, are missing in most cases, may prove that their loss in the case of the early Virginia Company is not due to intentional destruction, but to the general opinion of the period that such material was valueless.

The only other enterprise of which there is sufficient material for anything like an exhaustive study is the East India Company, and hence its records combine with those of the Virginia Company to supply a source of information concerning all of these companies. The conclusion seems valid, therefore, that the great mass of min- utes, orders, instructions, letters, and memoranda of the company for Virginia will aid in the interpretation of the comparatively few records of the earlier associations. The records of this company are necessary to enable one to comprehend the life of the other companies, as is its history to the understanding of their development.

It was during the life of the company that the plantation gradually assumed the aspects of a colony, that the settlement which was originally planned for exploration and the discovery of gold became a center for the development of the natural and agricultural resources of the surrounding country. The origin within the colony of the assembly, of local government, of private ownership of land, and of freedom of trade is to be found before the dissolution of the company by the Crown. There- fore the records of the company, as well as those of the colony, form the material through which the history of the beginnings of English colonies, viewed from the standpoint of the colonist, is to be gained.

Their value for the comprehension of the development of political institutions in England is not so patent. The growing correspondence between the Crown and the company and the interference in the acts of the company stand as evidence of the gradual increase of the interest of the Crown or its council in the undertaking. This interest was most apparent when the tobacco trade promised a revenue to the Crown, but the encouragement of the growth of other staple products, the spasmodic revival of acts touching English shipping and the balance of trade, and the main- tenance of staple ports in England are all new activities appearing in the records of the company. Throughout, also, is apparent the readiness to allow the already uncertain economic policy to be altered or nullified by the political relations with Spain, or because of moral or whimsical views.

The gradual definition of policy on the part of the Stuarts, perhaps first apparent under Charles I, is closely connected with the leaders of the Virginia Company. The opinions expressed in the courts of the company by the adherents both of the Puritan party and of the party of the Crown, the correspondence between the Privy Council and the company, the letters and memoranda concerning the company and its policy, and the story of the formation of the Sandys and the Warwick factions, resulting in the dissolution of the company, furnish evidence of the gradual development of the despotic attitude of the Stuarts, especially in their reach for revenue and in their repression of the principles of freedom. The appointment of the commissions to investigate the affairs of the company and the condition of the colony, the creation of a commission for the control of the colony after the overthrow of the charter, the later appointment of a committee of the Privy Council for the same purpose are all steps in the growth of a colonial system and of a colonial policy. Although the maturity of this system and policy is not reached until after the Commonwealth, the influence of the associates of James I and of Charles I is apparent.

Every phase of colonial development, from the mixed system which existed under the patent of 1606 to the chartered proprietary company after 1609 and the royal province after 1624, is here illustrated. The transition from the chartered to the Royal Government in 1624, the prelude to "the most important transition in American history previous to the colonial revolt," is only to be understood from these records, since the tendency to self-government in the colony is one of the pretended reasons for the overthrow of the company. All the steps of the change are to be traced in the royal correspondence, in the memoranda of the royal party, and in the record of the suit under the writ of quo warranto. The significance of such material is best understood from the fact that "the constitutional law and practice of the old colonial system has not yet been attempted to be known," and as yet no book has been written concerning the forms or functions of the British Government as employed in colonial administration.

2. The Records of the Company under Sir Thomas Smythe
The Organization of the Company as in 1606

In the year preceding the grant of a charter to the Virginia Company there had been movements along two lines for establishing plantations in Virginia, one by private investment and the other by royal patronage. Examples of the private interests are the enterprise of the Earl of Southampton in 1605 and that of Lord Zouch as set forth in his contract a

Printed in full in Brown, Genesis of the United States, I, 33–35.

with Captain George Waymouth of October 30, 1605. In this Lord Zouch agreed to secure and provide two ships and 200 men of "arts suitable for a colony," and to pay ¥100 to Captain Waymouth for the trans- portation of the same. The interesting feature is the agreement, suggestive of feudal relations, that Lord Zouch should be the first officer and have the first choice of land, while Captain Waymouth as second officer should have second choice of land, which he was to hold from the former as lord paramount for himself, his heirs and assigns. At the same time Sir John Popham was busily engaged in the attempt to form royal colonies by obtaining charters from the Crown, whereby the territory from 34° to 45° north latitude should be taken under the protection of the King, and private settlements should thus be excluded.

The plan which obtained followed neither course, though it was bound to result in a modification of Popham's scheme. The motives of the grantees and the arguments which induced the King in 1606 to abandon the policy of Elizabeth and to give royal patronage to the undertaking, and even to assume royal control, are set forth in a petition presented to Parliament in 1606, entitled "Reasons for raising a publique stocke to be imploied in the discovering of such countries as may be found most convenient * * * ." b

Printed in full, Brown, Genesis, I, 36–42.

It is evident, however, that the unknown plan of investment in the adventure of 1606 is not here suggested, since there was no intima- tion of financial support by the King. The stock was apparently to be raised by a tax "Upon the emoderate gaines of those that contrary to lawe abuse the poore." and was not in any way to be "raised upon the sweat of the poore or the industrie of the husbandmen, Artificer, or tradisman," but in such a way that nothing should "be demanded from anie man without presente assurance of gaine and hope of future profit * * * but in such sorte that the payer shall for every ijd paied gaine iiijd." To the Kingdom and to the Crown were to redound the greatest gain. Ten thousand pounds a year were to be added to His Majesty's receipts by an increase of many thousand pounds in the imposts and customs; and furthermore it "would savior too much of affectacon of a popular State to levie monies without imparting some convenient portion to his Majestie." But the value to shipping was emphasized perhaps more vigorously as developing a defence to the island, as furnishing a source for the necessities for ships—cordage, pitch, tar, and resin—and as protecting the shipping from decay. The desirability of a revival of the declining export trade, as well as that of establishing the importation of necessities from a part of the dominions, though distant, was urged, together with the importance of strengthening by settlement those countries already acquired by discovery. That such undertakings by private enterprise had been failures; that it was more honorable for the State to back an exploitation by public consent than by private monopoly; that public colonies were bound to be more obedient and industrious because of the greater confidence in the character of the control, were all reasons which had long before been set forth whereby to gain the support of the Crown.

Charter of 1606.

The royal aid as finally obtained for a colonial enterprise came in a somewhat different form. The letters patent to Sir Thomas Gates and others for plantations to be made in Virginia a

For a reprint of the letters patent, see Brown, Genesis, I, 52–62, or Poore's Constitutions.

show that the investment was made solely by individuals, and that the joint stock was not public, although in the regulation of affairs in the colony the body of undertakers was to have little influence, even as far as its commercial interests in the plantation were concerned. The business management was left to the joint stock companies, and the magazine was controlled by a treasurer or cape merchant and by two clerks elected by the President and Council in the Colony. In fact, the only activity of the adventurers, so far as it is revealed in the extant documents, consisted in the choice in London of one or more groups of agents, called "companies," to manage the goods sent out and received and to look after the profits. b

Articles, Instructions and Orders for the government of the Colonies, November 20, 1606. Reprinted in Brown, Genesis, I, 64–75, from a manuscript record book in the register's office of Virginia. There is a manuscript copy in the Library of Congress, in the Virginia Miscellaneous Records, 1606–1692, pp. 25–33.

The undertakers were to have all lands with their resources which lay within 50 miles of the plantation in any direction, together with the islands within 100 miles of the coast, and were privileged to inhabit and fortify the same according as the council for Virginia should direct. The right freely to transport subjects was granted the investors, while they were permitted customs free for seven years to export armor, provisions, and all necessities of life for the colonists. They could impose upon any subjects of the Crown, who were not adventurers, trafficking in those regions, a tax of 2½ per cent of the articles concerned, and upon foreigners twice that amount, and thus maintain a control of the trade for twenty-one years.

But the government of the colonies and of the territory of Virginia was reserved to the Crown through the council of thirteen for Virginia, which was to be appointed by the King and to reside in England. Instructions a

Printed in full, Brown, Genesis, I, 64–75.

were issued and signed by the royal hand, which outlined the form of administering affairs in the settlement and created a council of thirteen in the colony. They conferred upon it the right to coin money and to pass ordinances which should be valid till altered by the Crown, provided that they should be consonant with the laws of England. This council in Virginia was to choose its own president for one year. It could remove him or any member for just cause and fill the vacancies. All civil causes and all lesser criminal cases were to be decided by the president and council, the former having two votes in case of a tie. Cases of manslaughter and the more heinous crimes were to be tried before a jury and were punishable with death. To the president and council was reserved the right of pardon.

The council in England nominated to the Crown the persons to whom lands were to be granted by the King. It had, in fact, the supervision of affairs, appointed the first council in Virginia, issued orders for the conduct of the first expedition under Captain Newport, b

See Certain Orders and Directions, December 10, 1606. Manuscript in the Library of Congress, Virginia Miscellaneous Records, 1606–1692, pp. 19–23. Reprinted in Brown, Genesis, 1, 75–79.

and provided a paper of advice c

See Instructions by way of Advice, December, 1606. Manuscript in the Library of Congress, Vir- ginia Miscellaneous Records, 1606–1692, pp. 14–17. Reprinted in Brown, Genesis, 1, 79–85.

as to the establishment of a fort and of a town.

It is in this latter document that the first indication of the real motive of the undertaking is found. The orders laid down were to "make choice" of the river "which bendeth most toward the North-West, for that way you shall soonest find the other sea," while the choice of a healthy location, wise inter- course with the natives, and the fortification and preparation of a single settle- ment were emphasized. The chief objects, however, were to plant in a place which should be fitted "to receive the trade of all the countries about," to dis- cover minerals, and to find the passage to the western sea.

The loss of the records, both of the council and of the "companies" for trade, covering this period, leaves, as the only source of information, both for affairs in England and in Virginia, the narratives of the early settlers. Of these the most important are the reports of Captain Newport, and the relations of John Smith, of Edward Maria Wingfield, and of George Percy. a

See John Smith, A True Relation, 1608, reprinted in Arber, Works of John Smith, 1884; Discourse of Virginia, by Edward Maria Wingfield, printed in the Archaeologia Americana, IV, 77–103; Observa- tions gathered out of a Discourse of the Plantation * in Virginia * 1606, by George Percy, printed in Brown, Genesis, I, 152–168; and the following documents probably written by Captain Archer: A Relatyon of the Discovery of Our River, from James Forte into the maine: * * by Capt. Christopher Newport, 1607, printed in Archaeologia Americana, IV, 40–58; The Description of the now-discovered river and country of Virginia, printed in the Archaeologia Americana, IV, 59–62; A Brief Description of the People, printed in Archaeologia Americana, IV, 63–65.

The council had dispatched three expeditions, all under Captain Newport; one in December, 1606, in three ships with 120 emigrants; another in October, 1607, with two vessels and about the same number of passengers; and a third in August of 1608 with about 70 emigrants.

The reports of Newport, Percy, Wingfield, and Smith encouraged the managers of the enterprise to continue their efforts, but proved that a change in object as well as in policy would be necessary. From Newport came descriptions of the fruitful- ness of the soil, of the quantities of fish and of timber, and of clay for making brick, and enumerations of the possible exports, comprising sturgeon, clapboard, wainscot, saxafrage, tobacco, dyes, furs, pitch, resin, turpentine, oils, wines, wood and soap ashes, iron, copper, pearls; but the reports as to the mines were vague. He declared that the country was rich in gold and copper, and took home with him earth to be assayed, while Smith, in A True Relation, states that he had been left to dig a rock which Captain Newport thought was a mine, but no mention of results is made.

The full description of the country by Newport and also by Captain John Smith gave the council a clear idea of its geography, as is indicated by the instructions to Sir Thomas Gates in 1609. But the expedition, which penetrated to a distance of 160 miles up the river, brought the explorers to hostile tribes and left the council still uncertain, though hopeful of the discovery of a passage to the south sea. Further- more, Captain Newport positively stated that there could be no commerce with the Indians, and all evidence shows that the natives were to be a resource for the neces- sities of life rather than for the exchange of lucrative objects of trade. Hence it is that the broadside which was issued by the company in 1609, b

Nova Britannia, printed February 18, 1609. This document is reprinted in Force's Tracts, I, No. 6.

as an incident of its attempt to secure capital for the undertaking in its new form, emphasized the rich- ness of the soil and the resources of the country—which in later years would yield abundant return—the value of the settlement as a market for English cloths, and the advantage to shipping and shipbuilding which would come from colonization.

But the effort to develop the resources of the country and to found a settlement for such purposes rather than for exploration required larger investments and more men. Then, too, the regulation of the affairs of the colony without any control from the council in England meant continued jealousies and quarrels among such a small number of colonists and under such unsettled conditions. According to Wingfield the provisions for defense seem to have been insufficient, the magazine was mismanaged, and the relations with the Indians were strained. To John Smith must be attributed the wisdom of foreseeing the necessity of strong support from England and of the establishment of permanent colonial settlements and the develop- ment of the country for self-support. a

For a history of the organization of the company and of the founding of the colony, see Osgood, I, Chs. i-iv.

The Change in Character from 1606 to 1609

The fact that the source of authority before 1609 was in the Crown is nowhere so clearly evidenced as in the records themselves. The fundamental documents emanated from the King and his Council or from the council for Virginia representing the royal authority, all instructions to officers bore the sign manual and all letters and reports from Captain Newport, from Edward- Maria Wingfield, and from his associates were addressed to the council for Virginia. Furthermore, the president and council appeared in the name of the Crown as the plaintiffs in a suit by which an attempt was made to enforce the contract with the master of the "Guift of God" for supplying provisions to the passengers in a voyage to North Virginia. b

Bibliographical List of the Records of the Virginia Company, post, p. 121, No. 7.

The direct relations of the planters to the Crown are similarly emphasized by two heretofore unpublished documents, which are in the Library of Congress, consisting of the oaths administered to the colonists and to the secretary of the colony. c

List of Records, p. 121, Nos. 5, 6.

The commercial status of the undertaking is more difficult to determine than the political. That the company was organized for the purpose of exploration and trade has been proved, but whether the control of trade was vested in the council or in companies or groups of undertakers is uncertain. The exact relation of the council to the plantation and of the Crown to the enterprise must have been stated in the court book, in which were kept the records of the acts of the council and perhaps of the companies for the administration of trade. This book, covering the period from the 28th of January, 1606, to the 14th of February, 1615, was in the possession of the company as late as 1623, but unfortunately no trace of the book has yet been discovered and even its existence has heretofore been unknown. a

When the Privy Council demanded the records of the company, a receipt bearing the date April 21, 1623, was given to the secretary of the company for the "several court books." This document was discovered by the Editor among the Ferrar papers, Magdalene College, Cambridge, in December 1903. See List of Records, p. 171, No. 470.

Whatever may have been the source of control, the narrations of Captain Percy, Edward-Maria Wingfield, and Captain Newport indicate that the business of the company consisted chiefly in raising funds and equipping expeditions to be sent to Virginia under Captain Newport. This failure of the investment to bring in returns of gold and silver and of articles for trade, or to accomplish anything in the way of discovery of trade routes to the East Indies during the first three years, served to convince both King and undertakers that a change in method of control was essential. The document known as "Reasons against publishing the Kings title to Virginia. A justification for planting Virginia" b

This document was recently found by the Editor in the Bodleian Library. Ibid., p. 121, No. 1.

seems to show an agitation among the investors arising from fear lest the desire to placate Spain, or religious considerations, might lead the Crown to abandon the scheme. The arguments there adduced may well explain the readiness of the King to surrender not only the com- mercial and territorial control but also full rights of government to the corporate body of the Virginia company, and thus to avoid any rupture with Spain. Certain it is that the desire for more direct authority and for securing larger investments were the motives of the petitioners in asking for a new charter.

As a result of this movement the letters patent of 1609 were issued, transform- ing the undertakers into a body politic. In this case also the documents are especially characteristic of the organization. Whereas the Crown was formerly the source of all power, beginning with 1609 the council of the company, acting as a standing committee for the adventurers rather than in the name of the King, exercised the controlling authority. After the charter of 1612 had provided for more frequent meetings of the generality, the council was gradually superseded by special committees and the tendency arose to decide all matters of importance in the general quarter courts and to insist upon all communications being addressed to the company rather than to the council. The act of incorporation erected a commercial company and made it the overlord of a proprietary province. It at once strengthened its plantation as a center for traffic and established a system for joint management of land and trade to extend over a period of seven years, prom- ising dividends to the adventurer and support to the planter. The records of the corporation reveal as clearly as do its broadsides and pamphlets that it was a business venture. These records may be grouped into seven classes. a

For the documents in these various classes, see the classifications by Roman numerals at the left of each entry under the "List of Records," post, pp. 121–205.

The Classes of Records

All of these records of the company for the period previous to 1616, so far as they were known to him, were collected and reprinted in full or cited, if already available in America, by Alexander Brown, in the year 1890. a

For the documents of the period from 1606–1609 not mentioned by Mr. Brown in his Genesis of the United States, most of which have recently been discovered, see List of the Records of the Virginia Company, post, pp. 121–125, Nos. 1–38.

I.—FUNDAMENTAL DOCUMENTS

As far as appears from the evidence of the extant documents, when by the charters of 1609 and 1612, James I surrendered to the company full rights of trade, as well as territorial and governmental rights in Virginia he apparently lost all interest and part in the undertaking, and it was only when the plantation had developed into the colony, and when at the expiration of the privileges of free importation in 1619, the business of the corporation had become so good as to offer a prospect of revenue that the King in his council began to interfere in the affairs of the company. b

In March, 1619, Abraham and John Jacobs received a grant for the collection of customs or imports on tobacco. This became an important feature of the business of the company in its later procedure. See List of Records, pp. 127, 129, Nos. 53, 73.

In 1613, under the administration of Sir Thomas Smythe, the adventurers were com- pelled to appeal to the Crown because of the complications with France which arose from the expedition of Sir Samuel Argall along the northern coasts of America, c

Brown, Genesis, II, 640–644.

while a similar relation was brought about by the controversy with Spain with regard to the attack on Spanish vessels by the ship Treasurer in 1619. d

List of Records, p. 132, No. 102.

In both instances the protection desired was granted. When the financial stringency forced the adven- turers to great efforts in 1614, and they appealed unsuccessfully to Parliament for aid, the Privy Council attempted to arouse confidence in the undertaking throughout the country. It passed orders urging the city companies of London to invest sums in the Virginia lottery, and in the following year it addressed similar orders to the "Several Cityes and Townes of the Kingdome," e

Brown, Genesis, II, 676, 679, 685, 733, 760.

with special letters to the lieu- tenants of County Surrey. f

List of Records, p. 126, No. 49.

But the aid thus secured was not such as to draw upon the resources of the Crown, and the attempt of members of the company to gain a monopoly of the tobacco trade in 1616 met with the same opposition as had similar efforts on the part of the merchant adventurers in previous years. On the other hand the company was com- pelled against its will to submit to the treatment of its plantation as a penal colony by James I in his spasmodic efforts to develop a policy which should save England from an overpopulation of vagabonds. a

There is a series of 14 orders of the Privy Council for the transportation of prisoners to Virginia in the years 1617 and 1618 not hitherto noted. List of Records, pp. 121–131, Nos. 4, 41, 65, 90. The transportation thus effected is mentioned by Miss E. M. Leonard, The Early History of the English Poor Relief, pp. 229–230, n.

With the exception of these unimportant relations with the Crown, the company seems to have conducted its business independently of royal aid or interference dur- ing the first decade of its existence as a corporate body.

II.—THE COURT BOOK

It is therefore in the court book of the company and in its instructions, corre- spondence, and other records suggested under the preceding classifications II and III, that its activity and methods must be found. That court books were kept under the administration of Sir Thomas Smythe is known from the receipt in the Ferrar papers, already referred to. The first book extended from January 28, 1606, to February 14, 1615, and with it were "other perticuler writings belonging to the company." The second included the period between January 31, 1615, and July 28, 1619. What these books contained can only be surmised from the scope of the two later volumes, dated April 28, 1619, to May 22, 1622, and May 20, 1622, to April 2, 1623, the contemporary copies of which are now extant and in the Library of Congress, at Washington. b

This receipt covered these four volumes, "the other perticuler writings belonging to the company," and two volumes of the court book of the Somers Islands Company, December 3, 1613, to January 24, 1620, and February 7, 1620, to February 19, 1622. However, the second volume of the court book, which is now in the Library of Congress—the fourth volume here mentioned—was continued until June 19, 1624, after the return of the records to the company.

The contents of the "other perticuler writings," none of which are now known to be extant, are suggested by a memorandum of Sir Nathaniel Rich in a document among the Manchester papers. In attempting to prove the good done during Sir Thomas Smythe's administration Rich cites certain records as authority. The first one mentioned was a "booke of perticulers" con- taining the "Public workes: done in Sr T. Smithes tyme", and showing "the plenty of Armes &c left in Sr Th. Smithes tyme"; the second was a "p̱ticular already deliuered to the Comrs." in which appeared the "Staple Com̃odityes raysed in Sr T. Smithes tyme"; while the third formed a "collec̃ of the publiq̢ workes made by Sr Sa. Argall wch he [comenset]" and was entitled "The p̱ticulars of the Boates". Rich mentions two documents contained in this volume. He states that pages "11, 12, 13, 14, 15, &c.," contain the "League of the Natiues," and that on pages 51 to 59 was "Sir T. Dales ɫre." In his notes for discussion Rich also refers to "The Courte Bookes," and further declares that "Wrott remembers 4 warrants" by which lotteries were erected under the hands of the "Counsell of Virginia". In connection with the lottery he cites "th' Accompts" of Gabnell and declares that "He kept Tables". a

This paper is evidently a series of rough notes of heads and references to prove charges of mismanagement by the Sandys faction. It is in the handwriting of Sir N. Rich. List of Records, p. 167, No. 438.

Thus the discovery by the Editor of these two documents in these two similar collections belonging to the hostile factions has proved that the company possessed record books; but a knowledge of their contents must be gained from other sources.

To supply the loss of these documents of the company, both during the control of the council and after that control had passed into the hands of the company by virtue of the charter of 1612, there is a considerable mass of material, which affords a fair outline of the transactions of the company and the life of the colony. But much of this information is lacking in the completeness and authenticity which would have been supplied by the court book and the other records. The greatest loss is perhaps that of definite knowledge concerning the financial status of the company. The sums adventured by individuals and corporations is preserved in two alphabetical lists; but, so far as is known, only one of these lists is official, and that includes the names of the particular adventure about the year 1610. b

Brown, Genesis, I, 465–469.

The other is an unpublished list apparently both incomplete and unofficial, and was probably made somewhat later than 1618 at the order of the court, c

For an act providing for such a compilation see the record of the court, Dec. 15, 1619.

although the date 1618 has been assigned to it in the Manchester papers, where it is to be found. d

List of Records, p. 127, No. 58.

From the records of the various London companies and from records of English towns, as also from adventures sealed to individuals by the Virginia Company, comes the most authentic information concerning the large sums invested during this decade. In a similar way the knowledge, otherwise to be found in the court book and "The p̱ticulers of the Boates," concerning the ships dispatched and the sums expended for the equipment of planters, individuals, and companies, is scattering and indefinite. The broadsides issued are calls for adventurers, planters, and colonists, with the requirements or statements concerning the lottery schemes; but they do not furnish the wide information which is found in those of the later period. So far as revenue is concerned, there was probably little except that which came from new adventurers and the lotteries, but we have no way of knowing even that resource, while our knowledge of the income from tobacco and commodities brought from Virginia is derived from three or four scattering receipts only, found mostly among the papers of the Earl of De La Warr and of Lord Sackville. a

List of Records, Nos. 59, 60. Also Brown, Genesis, II, 772.

Even our knowledge as to the economic condition of the colony is most indefinite and comes only from printed pamphlets issued by the company. Judging from the sources of information in the later period, this uncertainty is due to the disappearance of the letters themselves, since, after 1619, the published relations of individual planters, the declarations by the company, and even the records of the court books are all more general in character than the letters which were sent from the colony to the company. Furthermore, in the later period the daily acts of the colonists and their needs, as reported from time to time by returning ships, afforded the adventurers a body of information concerning the social condition of the colony which in form and accuracy left little to be desired. After the time of Captain John Smith not much was accurately known of the colony until the year 1617, when Captain John Rolfe and Ralph Hamor supplied statistics as to the numbers, condi- tion, settlements, and resources of the colony as it then was.

The individual enterprises of this decade in the life of the company are altogether unknown, except from a few contracts for shipping found here and there. Such movements must at least have been noted in the court book. Of the first "hundred," established in 1618, nothing is recorded except the single report, heretofore unknown, b

Ibid., No. 76. This is among the Ferrar papers of Magdalene College, Cambridge.

of a meeting of the committee for Smythes Hundred. But the greatest loss which we suffer through the disappearance of the court book is that of material which should throw light on the aims, motives, and unsuccessful efforts of the company and on the struggles and difficulties through which it passed. For example, there is a single reference to an attempt to found a college, but no infor- mation whatever on the subject. The factions which developed and which resulted finally in the dissolution of the company evidently existed in this period, for a letter from Chamberlain to Carleton, dated May 8, 1619, c

Ibid., No. 108.

in which he speaks of the failure to reelect Sir Thomas Smythe as treasurer of the Virginia Company as having been "somewhat bettered at a later meeting of the Summers Island Company by his choice as treasurer of that company," proves that the change was due to factional differences, although the extant court books open with the refusal of Sir Thomas Smythe to continue as treasurer. Similarly, the choice of officers for the company, the votes received by each candidate, the appointments to positions in the colony, the petitions to the company and its action thereupon, and numerous other acts, revealing the relations and attitude of the individual members, are all unknown. a

Scattering information of such a character concerning this period appears in the discussions and quarrels recorded in the later court books.

III.—DOCUMENTS ISSUED BY THE COMPANY

Of the official documents issued by the company during the decade from 1609 to 1619 the most important have been unknown up to this time. They include the first instructions ever given to a governor of a colony by an English administrative body, and the records of the first suits entered by the company in chancery for the purpose of enforcing the payments of sums adventured in the company and of securing a part of the income from the lottery, which the company claimed had been withheld by the agent, William Leveson. b

List of Records, pp. 123–124, Nos. 20, 21, 22, 24, 25, 26, 27, 28, 29, 31. There are three cases recorded in the chancery proceedings in which the company attempted to enforce the payment of adventured sums. The bill of complaint is identical in each case, with the exception of the names of the defendant and the sums they underwrote. The bill, dated April 28, 1613, against Sir Henry Nevile, Sir Henry Carye, and eighteen others is printed in Brown's Genesis of the United States, II, pp. 623–631, from a copy found among the Smyth of Nibley papers. It differs slightly in orthography only from the original record. The five recorded answers supply even more valuable information than the bills of complaints.

The knowledge which the administrators of the affairs of the company had gained from the early settlers, and their grasp of the necessities for exploration, for trade, and for the conduct of affairs in the plantation, has hitherto been a matter of surmise based on the relations of the planters. From the "Instrucc̃ons, orders, and constituc̃ons to Sir Thomas Gates," c

This manuscript is in the Bodleian Library, Oxford, Ashmolean Manuscripts, 1147, folios 175–190a. It was discovered by the Editor in October, 1903. See also List of Records, p. 122, No. 10.

in May, 1609, and a similar document given to "Sir Thos. West Knight Lo:Lawarr" d

Ashmolean Manuscripts, 1147, folios 191–205a. See also List of Records, p. 122, No. 11.

in 1609 or 1610 comes a revelation of the motives of the adventurers, as well as of the policy adopted and of the methods outlined for the prosecution of their efforts. These instructions to Gates and De La Warr afforded the authority for the termination of the previous govern- ment in Virginia, the stated ideas of the company as to locations for settlements, forts, and magazines, and concerning journeys inland. It also included an interesting reference to Raleigh's colonists. The general policy in administering the affairs of the colonists and the detailed orders as to the relations with the Indians, as far as they concern guards, trade, and treaties, and the daily life of the inhabitants, indicate a definiteness in the control of the company which formerly was not understood. In such a revelation of the knowledge of the country and of the natives there is a basis for belief that the affairs of the company were managed and its records were kept in a systematic and businesslike way. a

Care on the part of the company is also seen in the general instructions of 1609 to the lieutenant- governor of Virginia, which are known only through a copy of the sixth article, preserved in the paper of the Marquis of Lansdowne. Ibid., No. 9.

The company had become convinced that the policy of John Smith was a wise one, and hence it ordered that a number of plantations should be settled and that efforts should be immediately directed to building healthful and sufficient houses and to planting widely enough for the self-support of the community. Here was the germ which was to develop into the colony, but the plan was as yet by no means so far-reaching. A common store, a common magazine, common refectories, labor by groups with a superintendent for each five or six persons, the prohibition of trade with the Indians except through the truck merchant were economic methods which looked to the gain of the adventurer in London rather than to the develop- ment of a colonial settlement. When the settlers had become self-supporting and capable of defense, then measures were to be taken to provide returns, so "that our fleetes come not home empty." Discovery of the seas and of royal mines, exchange of commodities, the exaction of tribute, and the development of the resources of the country for the purpose of securing "wines, pitche, Tarre, sope-ashes, Steele, Iron, Pipestaues, hempe, flaxe," silk grass, fishing for pearls, cod, and sturgeon were to be the sources of revenue. The instructions placed authority implicitly in the hands of the governor, who was expected to hear, but not necessarily to heed, the advice of the council and to judge according to "naturall right and equity then vppon the nicenes of the lawe."

The agents of the corporation—the governor and his council in Virginia—received their authorization for the exercise of judicial as well as legislative powers through a commission. The one issued to Sir Thomas Gates is lost, but doubtless is as similar to that given to Lord La Warr b

The commission bears the date February 28, 1610. It is printed in full in Brown, Genesis, I, 376–384.

as are his instructions. With the exception of a set of "Instructions for such things as are to be sente from Virginia, 1610," c

Printed in full in Brown, Genesis, I, 384–386.

these orders and commissions are the only documents which show anything of the direct authority exercised by the company over affairs in the plantation until the issue of the "Great Charter of privileges, orders, and Lawes" in November, 1618. d

Post, p. 34. This set of instructions to Governor George Yeardley, although given late in 1618, belongs both in spirit and effect to the period of the Sandys-Southampton administration.

Otherwise, the whole course of the activity of the company under Sir Thomas Smythe was in strong contrast with the work of Sir Edwin Sandys. It was a con- tinual struggle to arouse such interest in the scheme as would result in investment. The problem of marketing the products of the colony, which concerned the later company, did not arise until toward the close of the period, when a single unsuccessful effort was made to gain a monopoly of the sale of tobacco. In order to increase the capital stock, the company made personal appeals and issued printed statements and descriptions which it scattered broadly. The story is told in the lists of adventurers cited above, in the earnest endeavors to secure new planters and new adventures from individual town and guild, in the efforts to enforce the payment of sums already adventured, in a few receipts concerning tobacco, in the lottery schemes, which were legalized by the charter of 1612, and in printed broadsides and declarations. Thus the sums adventured by individuals, by the various London companies, and by the towns of England are given in a series of requests for adventure and in bills of adventure a

For the text of these adventures, see Brown, Genesis, I, 238, 252–3, 308, 391–2 (has signature of secretary and seal of company), 452–3, 453–4, 461–2, 463–5; II, 496 (signature and seal), 555. For two not yet published see List of Records, pp. 122, 123, Nos. 16, 17, 23.

issued by the company and found in the records of those companies and towns b

For this series of about 30 records see Brown, Genesis, I, 254, 257, 257–8, 277, 277–8, 278, 280–2, 291, 292–3, 302–6, 306–7, 309–10, 388–9, 390, 344; II, 558–9, 560, 561, 592, 686–8, 690–1, 768–9, 757. Also List of Records, p. 122, No. 15.

as also in private collections. The chancery proceedings, in three suits, state that the company attempted to secure an adventure of ¥18,000 and the equipment of 600 men during the year 1611, and the failure to accomplish its purpose was set forth by the defendants as a reason for refusing to pay the sums adventured. Incidentally there was mentioned an income in the year 1613 of ¥8,000 from the lottery, of ¥2,000 from the sale of the Somers Islands, and of ¥600 or ¥800 from the disposal of the ship De La Warr. c

Ibid., Nos. 21, 22, 25, 27, 31.

However, with the exception of an unpublished letter from Sandys to the mayor of Sandwich d

Printed in Brown, Genesis, I, 461–2, 463–5.

concerning the adventure by that town, in which he inclosed a list of the subscribers to that particular adventure, with the sums set down by each, e

The list is printed in full in Brown, Genesis, I, 465–9.

the official records reveal but little as to the sums which must have been received by the company.

In a similar manner there are unauthentic records of economic value concerning the lotteries and the importation of tobacco. Of the latter a few receipts and mem- oranda among the papers of Lord Sackville f

List of Records, p. 127, No. 59.

and the Earl De La Warr g

Ibid., No. 35, 60, and Brown, Genesis, II, 772. See also reference to payments for tobacco sent to Virginia in the List of Records, p. 122, No. 13.

are positively all there is in existence relating to the origin of a trade which was estimated in 1619 to be worth ¥100,000. Of the former, there is a "Declaration for the Lottery," published in 1615 by the company, and an order of the Privy Council, together with letters urging the towns of the Kingdom to adventure in this the second great lottery of the company. a

Brown, Genesis, II, 760–766. For unpublished letters, see List of Records, p. 124, Nos. 32, 33, 34.

A letter from the governor of the Virginia Company to the mayor and aldermen of Ipswich b

Ibid., No. 71.

is to the same effect, but none of these documents tell of the income therefrom. The only record which will give an idea of the value of the first lottery is in the chancery proceedings, and relates to a suit of the company with William Leveson to secure moneys from the lottery, c

Ibid., No. 28.

in which the sum received in 1613 is here stated to have been ¥2,793 and 10 shillings. The answer of Leveson is of further interest in that it alone tells of the methods by which the business was conducted and of the house built for the lottery west of St. Paul's Church.

V.—PUBLICATIONS OF THE COMPANY d

Because of the close relation of the publications of the company to the documents issued by the company, the discussion of Class V precedes that of Class IV.

The struggle for capital and for settlers before 1616 is most apparent from the advertisements that were issued. The broadsides of the years 1609, 1610, and 1611 are printed as official declarations of an intention on the part of the company to send voyages to Virginia, and contain the necessary information as to the classes of emigrants wanted—artificers only—and the conditions and rewards for emigration. The broadside of February, 1611, is of most value, in that the classes of emigrants with the numbers of each desired are specified, while that of 1610 is a defense against the slander of recently returned colonists, and emphasizes the former need of artificers as colonists. e

These are all reprinted in Brown, Genesis, I, (1) 248–249, (2) 354–356, (3) 439, (4) 445, (5) 469–470.

The broadsides of 1613 and 1615 concern the drawing of the lotteries, the latter declaring in a general way the prosperous condition of the country and announcing the prizes and rewards, thus affording some conception of the sums received from such an enterprise. f

Brown, Genesis, I, 608, 761–765.

The publications of the year 1616 disclose, as well as assert, the prosperity of the settlement and the assurance of its success, though giving no statistical information. That of April arranges for the first division of lands among old adventurers and promises the same to new adven- turers, declaring the intention to send a new governor and surveyors to the colony for the purpose, while that of the winter of the same year announces that any settlers may return to England who will. a

Brown, Genesis, I, 774–779, 797–799.

In addition to the advertisements for investment and adventure, both of person and of money, the company put forth a series of publications, consisting of four sermons preached before the company at stated intervals, intended to arouse both interest and confidence in their undertaking. These afford but little if any definite information, but reveal the spirit of the times, as also the lines of criticism and resistance which the company had continually to meet. b

Brown, Genesis, I, (1) 282; (2) 293; (3) 312–316; (4) 360–373. A fourth sermon preached by Richard Crakanthorpe, March 24, 1608/9, on the anniversary of the accession of James I, has favorable references to the project. See Brown, Genesis, I. 255–256.

But of far greater importance to a comprehension of the attitude of the com- pany, and especially of the progress of the plantation, are the declarations concern- ing the colony, which were published by the company. c

Brown either reprints all of these or cites the reference. Genesis, I, (1) 241–243; (2) 279–280; (3) 337–353; (4) 420–426; (5) 427–428; (6) 477–478; II, (7) 558–559; (7) 577–588, 611–620; (9) 746–747.

They are nine in number, and bear the following titles and dates:

The documents published in 1609 and also the poem of 1610 were efforts on the part of the company to defend itself against charges of failure in earlier years and to reveal the advantages which were promised under the new system of government. This is distinctly the tone and motive of the Nova Britannia, in which appear argu- ments in favor of the colony, and the statements of the plans, resources, and needs of the colony, together with an outline of the government which was now to be administered.

A True and sincere declaration further explains the unsatisfactory condition of the colony by reference to the incompetence of previous governors, furnishing perhaps the best historical narrative which was issued by the company during the first period of the plantation. It also holds out the promise of improved conditions under Gates and De La Warr, who are to be shortly sent to Virginia with a complete outfit of men and provisions. The second document describes the southern part of the country and cites the advantages of Florida as evidence of the opportunities in Virginia. After the time of De La Warr the published accounts of the plans, movements, and successes of the colonists became more complete. While the state- ments of De La Warr in his Relation are a bare outline of the conditions as he found them and the improvements in trade and discovery to which Captain Argall had contributed, together with his lordship's plans for the future, it is of value as forming, with Hamor's narrative four years later, a surprisingly accurate and satisfactory treatment of the development in the colony during those years.

Hamor gives a clear statement of the methods and success of Captain Dale in his relations with the Indians, of his organization and reform of the colony, and of his establishment of order therein, and reveals clearly the state of affairs on the arrival of Gates, the cause of the failure heretofore, and the details of the building of the successive towns, with descriptions and statistics for each. He gives also an his- torical narrative of the relations with the various Indian tribes and his knowledge and statements concerning the resources of the country are equally satisfactory. While Whittaker's Good Newes from Virginia and The New Life of Virginea are of value as corroborative evidence, they add but little to the knowledge of condi- tions or resources, and evidently were written more in the spirit of the poem of 1610, being intended to inspire confidence in the management of the colony, in the new system, and in the officers installed, as well as to arouse enthusiasm in the project.

It is evident that these publications are of more direct value in the study of the progress of the colony and tell at first hand but little more than the methods employed by the company to gain its end, but, together with the other reports from the colony which are preserved in manuscript form, they to an extent supply what has been lost by the disappearance of the court book. They prove that there was a gradual change in the motive and means of the company, due entirely to the exigencies of the case. The failure to discover precious metals forced the company to concern itself with the development of the resources of the country and with the production of staple articles which were needed in England. Then, too, the first written laws promulgated by Gates, De La Warr, and Dale in 1610–1612, martial in form and harsh in character, reveal the type of the plantation which the company now proposed; a

For the Colony of Virginea Britannia, Lawes Divine, Morall and Martiall, &c., entered for publica- tion on December 13, 1611, is a code first established by Sir Thomas Gates, May 24, 1610, approved by the lord governor, June 12, 1610, and exemplified and enlarged by Sir Thomas Dale, June 22, 1611. They are reprinted in Force, Tracts, Vol. III.

the freedom of the individual was to be reduced to a minimum, all labor was to be regulated as if it were a military discipline and the produce was to belong to the common store. Thus the evils of the early settlement were to be avoided. But of necessity this plan was temporary. Argall, like Smith, was a good colonizer. The explorations of Smith and his trade with the Indians, together with the order and prosperity which were brought by Dale, resulted in the founding of various settlements, such as Henrico and others farther south, which became self-supporting and independent of the "supplies" from England. This meant that the company was to be forced to assume a different attitude toward the colony; that the common labor, common store, and common trade must be abandoned. By 1614 private lands had been given to a few inhabitants, every family had been assured of a house of four rooms, rent free, for one year, and women had been sent to the colony to aid in keeping the settlers contented and permanent.

Whether the company made any resistance to this development within the set- tlement, by which the adventurer in London must share the profit with the planter, will only be known when the court book shall have been discovered, but it is certain that by 1616 the point of view of the leaders of the company had changed. They had then come to realize that they were to be the middlemen for the marketing of the produce of the planters. This is proved by the movement in 1616 for the monopoly of the importation of the only lucrative staple, tobacco. Again, in 1619, when the time for free importation from the plantation had expired, they most eagerly sought an adjustment with the Crown, although, in 1614, Sir Edwin Sandys, by this time the leading spirit in the company, had been the chairman in the House committee which reported against monopolies.

To such an extent had the colony now grown that the instructions given to Sir George Yeardley in November, 1618, called "The Great Charter of privileges, orders, and Lawes," recognized the necessity for local government. They provided for two houses, the "Council of State," to be chosen by the company in its quarter court, and the general assembly, to consist "of the Council of State and two Burgesses chosen out of each Town Hundred or other particular Plantation." a

List of Records, p. 129, No. 72.

The great dif- ference between this act of the company and that of nine years before, when the instructions to Gates were issued and the laws of Dale were approved, is apparent. Whether it was due entirely to the necessities arising from the changed conditions in the colony heretofore noted or to the abuse of power by Samuel Argall, from 1616 to 1619, is uncertain. b

There are extracts from two letters dealing with the alleged misappropriations and abuse of power by Captain Argall, deputy governor from May, 1617, to April 20, 1619. One of these was addressed to Captain Argall and bears the date August 22, 1618; the other to Lord De La Warr, August 23, 1618. They are preserved in the court book of the company under the date of June 19, 1622. See also Ibid., Nos. 82, 83.

Whether it was but a reflection of the growing popular senti- ment within the company by which the generality exercised the powers of adminis- tration or whether it was due to the influence of the "opposition" in parliament can not be settled without fuller records than are at present extant.

IV.—LETTERS FROM THE PLANTERS AND RECORDS OF THE COLONY

The printed reports from the colonists and the printed declarations of the company were of course based on the letters from the planters and on those from the governor and council of Virginia to the Virginia Company. There were also letters from indi- viduals in the colony to officers of the company or to other adventurers in England. They may perhaps reveal more clearly the condition of affairs in the colony and the influences which moved the company in its change of policy, since they do not attempt to conceal, excuse, or palliate any of the circumstances. Six of these narrate the story of the voyage of Gates and Somers, the misery in the plantation on the arrival of Gates and of De La Warr in 1610, and the steps that were taken to improve con- ditions. c

These letters were from the governor and council, July 7, 1610; from John Radcliffe, October 4, 1609, Gabriel Archer, August 31, 1609, and from Captain Somers and Lord La Warr, August, 1610, to the Earl of Salisbury; and from William Strachey in A True Repertory, July 15, 1610. They are reprinted in Brown, Genesis, I, 328–332, 400–402, 402–413, 416–417.

Through other letters from the colony the company gained its knowledge respecting voyages to Virginia, progress and order in the colony, and the building of Jamestown, d

See Strachey, A True Repertory, in Purchas, His Pilgrimes, IV, pp. 1734–1756.

especially under Sir Thomas Dale, and as to the prosperity of the settlers. Dale in 1611, outlined his plans and his achievements, urged the sending of 2,000 men, and suggested that the difficulty of securing planters might be overcome by making the settlement a penal colony. In 1615, 1616, and 1617 the company received reassurances from Dale, Hamor, and Rolfe of the prosperity of the colony; but the publications of the company and the letters from the colony from 1615 to 1618 were either very few in number, or have not been preserved. These were the years of the excessive abuses in the colony under Sir Samuel Argall. a

For the log book of Argall and for these letters from Spelman, Dale, Argall, and Rolfe, see Brown, Genesis, I, 428–439, 483–488, 488–494, 501–508; II, 639–640: Virginia Magazine of History, IV, 28, 29; X, 134–138. Also noted in the List of Records post, p. 125, Nos. 39, 40.

The only evidence of records kept by the colonists is an abstract of "A Register book during the Goũmt of Saml Argall Esqr admiral, and for ye time present, prin- cipal Gour of Virga" in the year 1618. This abstract was probably made in 1730 under the direction of R. Hickman, deputy clerk of the general court of Virginia at that time, and has heretofore been unnoticed. From it comes a knowledge of correspondence between the governor and Bermuda Hundred and Kicoughtan, and between the governor and the company in London. A complaint of the largeness of privilege given to Captain Martin in his grant is significant because of the long con- test during later years, between the company and Captain Martin over this patent. There are, too, a number of commissions to officers for trade and for command, and several warrants, edicts, and proclamations. These are very similar in character to those issued by the governor and council in 1623, and reveal the fact that methods of government had not altered materially, though the source of authority had been changed by the great charter of 1618. The severity of penalty and the threats of reduction to slavery for offense are perhaps the features most characteristic of the period. b

For full citation of these abstracts of about twenty documents, see Ibid., Nos. 40, 42–48, 50– 52, 55–57, 64, 65, 67, 74, 75.

VI.—PRIVATE PAPERS OF ADVENTURERS

While the company probably did not officially use the private correspondence received from the colony by individual adventurers, it doubtless profited by the information which it contained. Thus, the relation of John Rolfe, c

Reprinted in the Virginia Historical Register, I.

addressed to Lord Rich and the King in 1616, ranked in value with the descriptions of Ralph Hamor, for it discussed the water supply of the colony, its food, clothing, houses, and government and gave statistical information as to the various towns, their location, the number of their inhabitants, and their officers. There are at least six other letters extant, similar in character, though of less value. d

(1) Sir Samuell Argall to Nicholas Hawes, June, 1613; (2) Whittaker to Crashaw, August 9, 1611; (3) Percy to Northumberland, August 17, 1611; (4) Dale to Winwood, June 3, 1616; (5) Dale to D. M., June 18, 1614; (6) Whittaker to Master G., June 18, 1614. See Brown, Genesis, I, (1) 640–644; (2) 497–500; (3) 500–501; II, (4) 780–782; (5) 747; (6) 747.

But another series of private papers partakes most strongly of the nature of documents of the company. These are the contracts and correspondence relating to individual adventures to Virginia or to groups of adventurers. They indicate a tendency in the company to grant private monopolies and to encourage private settlements—measures which indicate the growing importance of the undertaking and the development of individual trade. Only one series of documents relating to individual adventures is extant, those by which Lord Zouch's investment in Virginia was secured to him. His contracts were made in May, 1618, with John Bargrave and James Brett. There is also his warrant to John Fenner to pass to Virginia and trade with the colony and the savages in his pinnace Silver Falcon, in February, 1618/19. a

For these documents see List of Records, p. 129, Nos. 77, 82, 98, 99.

The other series of documents, which illustrate the legal forms and methods of the company, as also the way in which the first plantations were undertaken by private means, concern Smythe's Hundred and Berkeley Hundred. Among the Ferrar papers are the minutes of the meeting of the committee for Smythe's Hundred on May 8, 1618, b

Ibid., No. 76.

the first record concerning the hundred, which provides for the sending out and equipment of thirty-five men at an expense of ¥657 9s. 4d.

VII.—SUPPLEMENTARY CONTEMPORARY CORRESPONDENCE AND RECORDS

In addition to the documents which are either official records or similar to such records in character, there is a large amount of correspondence between officers of state in England and other individuals which by its reference throws light on the affairs of the company or gives additional or corroborative data. All of this which is earlier in date than 1616 has been published by Alexander Brown.

There are seven letters, the dates of which fall between 1616 and 1619, that are of the same character; but they add nothing in fact to the other documents, although two of them reveal the measures taken even at this early date to impress youths and maidens for Virginia and to send reprieved prisoners to the colony. c

Ibid., Nos. 84, 85, 88, 89, 96.

Of the documents of this character, which are given by Brown, perhaps the correspond- ence between the Spanish ambassador in London and the King of Spain is the most valuable, not in the trustworthiness of the data—though much of it confirms other sources—but in the revelation it contains of the part that Spanish relations played in the development of the company and especially in its decline during the follow- ing decade, while its reference to prevalent rumors, reports, and sentiment are extremely illuminating. There are thirty-seven of these documents in all, including the correspondence concerning the Spanish ship Chaloner. The Chamberlain-Carleton, Digby-Salisbury, Cottington-Salisbury, and Lee-Wilson correspondence add occa- sional data and serve to fix dates and facts which are known from other sources. a

See Brown, Genesis, "Table of Contents."

Of similar value are the chronicles of Howes, Abbot's Geography, Smith's Map of England and his General History, the Commons Journal, the writings of Sir Fer- dinando Gorges, and other material which emanated from the Plymouth adventurers.

3. The Collections of Documents, 1616–1624
General Character of the Records

The character of the documents of the company after 1619 is fundamentally the same as in the preceding decade. Virginia was still a proprietary province with a commercial company as an overlord, and therefore the company was still the immediate source of all government in the colony. To it came all appeals from colonial authorities; it exercised control over all commerce, both from and to Virginia; it granted all land and all privileges. Although the number of doc- uments emanating from the Crown a

See documents under Class I in the List of Records.

—that is, of the first class—is large, they are rather an indication of the increasing wealth and importance of the company, than of royal interference. They concern the regulation of trade, complain of the abuse of power by the company, or provide for the investigation of its acts rather than assume any authority in the direct administration of its affairs. In them interference in the management is foreshadowed, but it is not until the dissolution of the company that the Crown again becomes the proprietor.

The mass of materials which form the records for this period is much greater than in the earlier decade. This is due on the one hand to their preservation in two or three collections, and on the other especially to the vast growth of business in the company and the rapid development from a colony for exploitation into a colony for settlement. Thus the minutes of the company, forming the second class of documents, show that it conducted a larger amount of business than any other proprietary company. b

For this statement, as also for a full understanding of the character of the company, see The American Colonies in the Seventeenth Century, I, 61.

These minutes comprise two large volumes of the court book, and fill 741 manuscript pages. c

Grouped under Class II in the List of Records.

In the third class there are nine letters from the company to the governor and council in the colony, and twelve from the latter body to the company, in addition to a large number of receipts, commissions, instructions, and laws. d

Ibid., Class III.

A mass of material belonging distinctly to the plantation serves as a part of the records of the company and at the same time furnishes the story of the beginning of the political unity of the colony. This group consists of the "court booke" of the council of the colony during the last year of the authority of the company, covering about 65 pages; 54 commissions, orders, proclamations, and warrants to subordinates in the colony issued by the governor and council in Virginia, and 35 petitions to the same body from the members of the colony. a

Grouped under Class IV in the List of Records. These papers are all in the Library of Congress.

The publica- tions of the company for this final period of its existence number 3 large broadsides, 11 declarations containing 168 printed pages, and 4 sermons and treatises made up of 150 pages. b

Ibid., Class V.

The supplementary official material found in the correspondence between individuals of the company and of the colony or between members of the company in England, in addition to the records of the private companies within the larger body, includes many documents and memo- randa. c

Ibid., Class VI.

Sixty-six of these are preserved in the Manchester papers, while 78 are from the Ferrar papers, which are now first made known and published. The unofficial material, consisting of records of other companies, of towns, and of correspondence touching on the affairs of the company or colony, numbers about 40 documents. d

Ibid., Class VII.

The relative value of the various classes of the records for this period has been altered by the preservation of the court book which has made the other material supplementary, or even subsidiary, with the exception of the correspond- ence; for in it is either recorded or summarized the information which the company had received from all other sources, or which it imparted to individuals or to the public by other means. But the fact that the other records are supplementary does not decrease their value, for they often furnish the data which are the basis of the acts and conclusions of the company, while some of them also reveal the legal or political processes of the company, of the colony, of the courts, or of the sovereign authority, and others are of great value in the light which they throw on the dissenting party within the company.

The subject-matter of the court book, as well as the character and contents of the various documents, proves the changed condition which the increase of business had brought about, since a large proportion of the records deal with the founding and conducting of private enterprises, and many of them are really documents of a private nature. It is apparent that the company still looked upon the colony as a source of income for the investors, but that the ulterior object had become the development of the resources of Virginia instead of the produc- tion of wealth through mines and the opening of new trade routes. As a result of this change in commercial object had come the need of larger, more numerous, and more scattered settlements in the colony, and of greater co-operation on the part of the settlers, although it may well be claimed that the latter necessity had been urged upon the leaders by the mismanagement of Captain Argall during the three years previous to the change in administration. In order to increase the number of planters, concessions of privilege had been made to private parties or groups as early as 1618, since such investments were doubtless easier to secure when the adventure was under the immediate control of the undertaker. Simi- larly, for the purpose of stimulating capital and gaining the co-operation of the planters, the division of land, promised in 1609, was proclaimed in 1616. Free tenancy was now guaranteed to all individuals, even to indented servants, at the expiration of seven years. The organization of joint stock companies for the manage- ment of trade, which supplanted the magazine, was a movement toward private enter- prize. Hence it is that these subjects, together with those which concern the impor- tation and sale of tobacco, occupy the greater part of the court book, and must have consumed most of the attention of the corporation. The burden of discussion in the courts concerned the best means of marketing the products, whereas in the earlier decade it must have related to the increase of capital. The records of the colony were no longer simple reports to the company and instructions from the proprietor, but assumed the character of political documents, since liberty of land and trade, and the creation of numerous plantations and scattered settlements resulted in the growth of "political conditions and forces side by side with the commercial and economic." The minutes of the colonial legislative assembly, the records of the colonial court, the petitions to the governor and council, and the commissions and orders granted by that body are all distinctively new features in the records. Here is evidence of the crea- tion of the colony, with its body of free citizens, out of the plantation, with its body of half-servile laborers.

THE JEFFERSON LIBRARY IN THE LIBRARY OF CONGRESS

The records of the company under the administration of Sir Edwin Sandys and the Earl of Southampton, or the copies of them so far as extant, are to-day scattered among many public and private collections both in England and in America. The Library of Congress at Washington possesses by far the largest and most impor- tant collection in this country. It contains the contemporary certified copy of the court book from 1619 to 1624, as well as a mass of original correspondence, or contemporary copies of the same, between the company and the council in Virginia. It also includes many original records of the colony, many eighteenth century tran- scripts of the original commissions, patents, and other records, and many recent transcripts and photographs of documents in the collections of England.

The eighteenth century transcripts and the original documents and contemporary copies came to the Library of Congress from Thomas Jefferson's collection in two different groups: the first in 1815, when his library, purchased "in a lump as it stood on the catalogue," a

Manuscript letters of Thomas Jefferson in the Library of Congress. In this letter to William Hening, March 11, 1815, from Monticello, Mr. Jefferson stated that he could not retain a volume, since Congress had purchased his library.

was secured by Congress for the sum of $23,950; the second was secured when the books of Mr. Jefferson were sold at auction subsequent to his death in 1826. The catalogue of the auction sale classified those acquired by the Library of Congress at the latter date under two numbers as follows: b

The "Catalogue. President Jefferson's library — (as arranged by himself,) — to be sold at auction, at the Long Room, Pennsylvania Avenue, Washington — —–, 27th of February, 1829, — —," p. 4, is in the Library of Congress, Miscellaneous Pamphlets, Vol. 859, No. 14.

"No. 121. Records of the Virginia Company, 2 vols., fol. MS. (the authentic copy mentioned in Stith's History).

"No. 122. Old Records of Virginia, 4 vols. fol. MS. viz:

Transactions of the council from Dec. 9, 1698, to May 20, 1700." e

Catalogue of the Library of Congress, 1830, p. 167.

The volumes of Jefferson manuscripts relating to the company, which became the property of the Government in 1815, were as follows:

The entire set in the first group, acquired in 1829, is composed either of original documents or of contemporary transcripts, while the second paper of the second group belongs to the same period. The Miscellaneous Papers, 1606–1683, are a seventeenth century transcript. The Laws of 1623 and the Miscellaneous Records, 1606–1692, are transcripts of the early eighteenth century and are attested by R. Hickman, who was clerk of the general court in 1722. The origin and identification of these various volumes, together with a later copy of the court book of the com- pany, now in the library of the Virginia Historical Society and commonly known as the [John] Randolph [of Roanoke] copy, has been a subject of doubt and discussion, arising from the conflicting descriptions of the volumes by the early historians of Virginia, William Stith and John D. Burk, and by the editor of many of the documents in 1809, William Hening.

The following statements with regard to the first group made by Mr. Jefferson in a letter to Hugh P. Taylor, October 4, 1825, a

From the National Intelligencer, October 19, 1825.

will serve as a basis for the attempt to ascertain the history and authenticity of those manuscripts:

"The only manuscripts I now possess relating to the antiquities of our country are some folio volumes: Two of these are the proceeding[s] of the Virginia company in England; the remaining four are of the Records of the Council of Virginia, from 1622 to 1700. The account of the first two volumes, you will see in the preface to Stiths History of Virginia. They contain the records of the Virginia Company, copied from the originals, under the eye, if I recollect rightly, of the Earl of South- ampton, a member of the company, bought at the sale of his library by Doctor Byrd, of Westover, and sold with that library to Isaac Zane. These volumes happened at the time of the sale, to have been borrowed by Col. R. Bland, b

Col. R. Bland died October 26, 1776.

whose library I purchased, and with this they were sent to me. I gave notice of it to Mr. Zane, but he never reclaimed them.

"The other four volumes, I am confident, are the original office records of the council. My conjectures are, that when Sir John Randolph was about to begin the History of Virginia which he meant to write, he borrowed these volumes from the council office to collect from them materials for his work. He died before he had made any progress in that work, and they remained in his library, probably unobserved, during the whole life of the late Peyton Randolph, his son. From his executor, I purchased his library, in a lump, and these volumes, were sent to me as a part of it. I found the leaves so rotten as often to crumble into dust on being handled; I bound them, therefore together, that they might not be unnecessarily opened; and have thus preserved them forty-seven years."

CONTEMPORARY COPY OF THE COURT BOOK

The two volumes referred to by Mr. Jefferson as the "proceedings of the Virginia Company in England" are the contemporary copies of the court book which were secured by the Hon. William Byrd, of Westover, Virginia, from the estate of the Earl of Southampton, either at the time of his death in 1667 or later. Since Mr. Byrd was a boy of 15 living in London in 1667, it may have been when the Virginia estates were left him in 1671, or even in 1687 when he made a visit to England, that he made the purchase. a

William Byrd died December 4, 1704. See Byrd, History of the Dividing Line.

That the books remained in the possession of the descendants of Mr. Byrd for a century is proved by the fact that they are mentioned in a manuscript catalogue of the library of the third William Byrd, who died in 1777, b

"Catalogue of the Books in the Library at Westover belonging to William Byrd, Esqr.," p. 437, in The Writings of Colonel William Byrd, edited by J. S. Bassett.

but these two volumes were not in the library of Colonel Byrd, when it was sold by his widow in Philadelphia to Isaac Zane. Mr. Jefferson's statement that he purchased them from Colonel Bland may be accepted, c

For a description of these volumes and the circumstances of their making, see the discussion, pp. 78–84, post.

but it would be difficult to prove whether he is equally reliable when he states that the volumes had been loaned to Colonel Bland and had not been returned by him to Colonel Byrd, or whether Mr. Deane is correct in saying that Colonel Bland, as an antiquary, had secured them. That Stith used these contempo- rary copies of the court book in his History of Virginia is apparent from his description of them, as also from his statement that they had been communicated to him by the "late worthy president of our council, the Hon. William Byrd, esq." d

It is hardly possible that Mr. Jefferson's statement is incorrect and that, instead of having been acquired by Col. Richard Bland at that time, they passed from Stith to his brother-in-law, Peyton Randolph, and with the library of the latter to Jefferson. This is one of the solutions suggested by Justin Winsor. See Narrative and Critical History of the United States, III, 158.

MANUSCRIPT RECORDS OF THE COMPANY, VOLUME III

The other manuscript volumes, which the Library of Congress acquired from Mr. Jefferson and which are included under No. 122 of the Jefferson catalogue, belong to the early seventeenth century. They are the documents which Mr. Jefferson referred to in his letter to Mr. Taylor as having come from the library of the Hon. Peyton Randolph in such a fragile condition, and which in a letter to Mr. Wythe, of January 16, 1795, urging the necessity of publishing the laws of Virginia, he describes in a similar way. e

Hening, Statutes at Large, I, p. viii.

That these are the papers discussed by Stith is proved by comparing them with the Hickman (Bland) transcripts. In his preface, Stith confirms the description by Mr. Jefferson, but he apparently destroys the latter's theory that the papers had been in the possession of Peyton Randolph since the death of Sir John Randolph in 1736. Mr. Stith wrote his preface in 1746, and suggests that they were at that time in the possession of the House of Burgesses, although he does not make a positive statement to that effect. His assertions are worth recording, since they carry the history of the volumes back thirty years and also throw light on the Hickman transcripts.

"I must chiefly depend upon such of our Records, as are still extant. Many of them doubtless perished in the State-house at James-Town, and by other Accidents; and those, which have survived the Flames and Injuries of Time, have been so care- lesly kept, are so broken, interrupted, and deficient, have been so mangled by Moths and Worms, and lie in such a confused and jumbled State (at least the most ancient of them) being huddled together in single Leaves and Sheets in Books out of the Binding, that I foresee, it will cost me infinite Pains and Labour, to reduce and digest them in any tolerable Order, so as to form from them a just and connected Narration. And some of them have been lost, even since Mr. Hickman was Clerk of the Secretary's Office. For I cannot find, among the Papers in our Offices, some old Rolls, to which he refers. I have therefore been obliged, in a few Points, to depend upon the Fidelity of that Gentleman's Extracts out of our oldest Records, made for the Use of Sir John Randolph. But these things were so far from discouraging and rebuffing me, that they were rather an additional Spur to my Industry. For I thought it highly necessary, before they were entirely lost and destroyed, to apply them to their proper Use, the forming a good History. But as the House of Burgesses in a late Session, upon my shewing their moldering and dangerous State to some of the Members, have justly taken them into their Consideration, and have ordered them to be reviewed and fairly transcribed, I doubt not, by their Assistance, and with the Help of the late Sir John Randolph's Papers, and such others, as are in the Hands of private Gentlemen in the Country, and will undoubtedly be readily communicated to further so noble and so useful a Design, to be able to collect and compose a tolerably regular and complete History of our Country." a

Stith, History of Virginia preface, p. viii.

Hence, we are again left in a quandary. The papers may have come into Peyton Randolph's possession through the arrangement made by the burgesses for their transcription; but no transcript made directly from the documents as late as 1746 is known to us. Whether they were borrowed from the province by Mr. Stith or by Peyton Randolph, his brother-in-law, or by some other historian or antiquarian is not yet proved; and our only evidence that Jefferson secured them from Peyton Randolph's executor is his statement made twenty years after the date of the purchase.

The papers, after almost a century in the Capitol, were in a still more deplorable condition in 1901 than that described by Mr. Stith, but the loose pages have now been carefully and skillfully repaired. The order of contents of the volumes (while not chronologically arranged) may be known from the abstracts made under the direction of Hickman about 1722. This agrees with an arrangement determined by the early pagination, the subject-matter, and the writing. That these manuscripts are original records or contemporary copies is evidenced by the form of some of them, by the signatures of others, and by the autographs of the secretaries and clerks of the period. The supposition is that they escaped destruction when the Province House was burned in Bacon's rebellion in 1678, during the administration of Gooch in 1698, and again during the Revolution, only to be lost to the State in the latter half of the eighteenth century.

The volume designated as 122, A, in the Jefferson catalogue, and there entitled "Letters, proclamations in 1622–23, and correspondence 1625," is evidently the one referred to by page in the Hickman abstract of the rolls as "the other side of No. A 42." a

This volume of correspondence is cited in the List of Records as the "Manuscript Records of the Virginia Company of London, Vol. III, pt. ii," thus including in Vol. III all of this miscellaneous manuscript material of the company.

This abstract is a quarto bound into the Miscellaneous Records, 1606–1692, called by Hening the "Bland copy." In pages 1 to 14a of this volume are eighteen letters from the colony to the King or to the company between 1621 and 1625, while pages 15 to 30 contain nine letters from the company to the colony between 1621 and August 6, 1623. The first group are holographs, but of a secretary or clerk not yet identified. The second are doubtless in the autograph of Edward Sharpless. b

Edward Sharpless had been a clerk of the secretary of the colony, Christopher Davison, and succeeded him upon his death in the winter of 1623/4. He remained as acting secretary until his trial on May 20, 1624, for giving copies of the acts of the assembly to the commissioners of the King; John Sotherne then took up his duties.

Both are contemporary copies of the originals. c

See Plates, post, Vol. II for illustrations of these holographs, and for evidence as to the autographs.

The documents classed in the Jefferson catalogue as 122 (42) form the balance of this volume and also probably include the journal of the council and assembly, 1626–1634. The latter was evidently used by Hening in compiling his statutes.

Presuming that this fragile document, which is the only one concerning the company and the colony while controlled by the company, formed one volume, its contents was as follows:

No. A 42:

No. A 42. "The other side:"

The first part of the volume thus opens with the letters of the Privy Council to the colony on April 28, 1623, when the King first began the action looking toward the dissolution of the company, and with the first direct correspondence with the officers of the colony. The writing and the dates place the documents as consecutive through the entry of the acts of the assembly, March 5, 1623/4, when the assembly seems to have ceased. After that page, copies of scattered documents appear in a different writing, commencing on the back of the last assembly record. These are largely fundamental or constitutional, including the instructions of November 20, 1606, the charter of 1606, the order of 1607 enlarging the council, and the oaths administered to officials of the colony of the same period. The other part of the volume opens with the correspondence between the colony and the home government. After a hiatus of fifteen pages the documents of the governor and assembly begin as indicated under the second division above. The writing is that of Edward Sharp- less and Christopher Davison, and remains the same throughout the petitions of the next group. The last group of miscellaneous documents agrees in subject with the letters of the first part and in autograph with the first section of those letters. On a fly leaf among the loose papers is inscribed the following: "Records of W. Clay- bourne or Claiborne./ p̱ Joseph [Jokeg] / Tho Farloue & / Vpton gent / Thos. Ba[u]rbag[e] / Cler̃ Conc̃"./ This may belong to the records of the period after May 14, 1626, when William Claybourne was appointed secretary of the colony by Charles I, or it may have been placed in an earlier volume, or it may indicate that a part at least of the earlier volume was transcribed under his direction.

Section B (9) of No. 122 in the Jefferson catalogue, cited as orders from February, 1622, to November, 1627, and including loose pages as late as 1634, is the only octavo manuscript of these records and has been saved from its almost useless condition by repair. That this is the original blotter of the court book of the gover- nor and council in Virginia, containing the original record of suits tried before that body and of orders issued by it, is proved by the hasty and brief entries, giving the volume an entirely different character from those of the carefully elaborated tran- scripts of the clerks. The records of twenty-three courts held as here given and of the cases considered during the era of the authority of the company, consisting of about forty-five pages of manuscript, are noted in the list of the records of the company, but are not printed in this collection since they may be included more properly in a publication of the "Records of the Colony."

THE TRANSCRIPTS OF THE VIRGINIA RECORDS
RANDOLPH COPY

It is now certain that at least two copies of the court book existed at the beginning of the nineteenth century, since the so-called John Randolph [of Roanoke] copy has recently come to light. a

The three volumes are in the collection of the Virginia Historical Society in Richmond, but they are so closely associated with the Library of Congress MSS. that they are discussed here rather than under the MSS. of Richmond.

It bears every evidence of being an eighteenth century transcript made from the contemporary copy now in the Library of Congress; the manuscript is of the century following that of the contemporary copy; the order, paragraphing, form of insertion of documents, and material is identical; but the omissions and errors arise from illegibility in the earlier manuscript. The other differences lie in occasional carelessness by the copyist and in the fact that the abbreviations are expanded and the spelling and the capitalization are modernized.

The caption of the first volume of this eighteenth century copy is as follows: "The Ancient Records of this Colony under The Treasurer and Company." It opens with "A Quarter Court held for Virginia at Sir Thomas Smith's house in Philpott Lane, 28th of April 1619," and ends on page 535 with the court of July 3, 1622. The final statement is as follows: "The rest of the Company's Acts are contained in a Second Volume." Volume II begins with a court of July 17, 1622, and closes on page 491 with the proceedings of June 7, 1624. It bears the caption, "The Records of the Company of Virginia, Vol. 2d." Pages 492 to 502 include a list of "The names of the Adventurers for Virginia, as they were in the Year 1620." On the inside of the board of this volume is written the name, "Sam'l Perkins of Cawson." There is a third volume of this series of transcripts which is described by Mr. Robinson thus: "The other volume begins with the first charter to the proprietors of Carolina dated the 24th of March, in the fifteenth year of Charles II, (1663) and ends page 543 with report of the petition of Philip Laudwell against the Lord Effingham made by the Lords Committees of Trade and Plantations, Dated at the Council Chamber 26th of April 1689." This document ends on page 530. The volume closes on page 544 with "A Memorial for obtaining a more perfect Rent Roll, & advancing Her Majesty's Quit Rents in Virginia". On the first cover is the date, "Sep 19th 1759."

Mr. Brown thinks that these copies were made for Colonel Richard Bland from Colonel Byrd's volumes and passed to Theodorick Bland of the family of Cawson, the grandfather of John Randolph of Roanoke, to whom they finally came. He adds that the Byrd volumes went to Mr. Jefferson with the Bland collection, which he bought about 1776, instead of the copies therefrom. a

See an account of "Two manuscript volumes now in the Library of Congress, at Washington, D.C.," in The Magazine of American History, New York, Vol. 29, April, 1893.

Mr. Jameson suggests that John Randolph of Roanoke may have inherited these transcripts from his great uncle, Sir John Randolph. In this case also they would have been made from Mr. Byrd's volumes, and perhaps should have gone to Mr. Jefferson with the Peyton Randolph library, but this would not account for the name "Cawson" in the second volume. Furthermore, according to Mr. Stanard, John Randolph of Roanoke was not an heir to Sir John Randolph, and the families were not even on friendly terms. Mr. Brown's supposition seems the more plausible, since Theodorick Bland, jr., of Cawson may have received the volumes from the son of Richard Bland by gift or purchase, though not by inheritance, and, as Theo- dorick Bland, jr., died without heirs in 1790, the books may have become the property of his sister's son, John Randolph of Roanoke.

The location of these volumes since the time of the death of John Randolph of Roanoke is known. According to Mr. Brown, John Randolph b

Not to be confused with Sir John Randolph, father of the Peyton Randolph whose library Jefferson says he purchased in 1778.

in a codicil to his will in 1826 left his library to the master and fellows of Trinity College, Cambridge, but in 1831 so altered the will as to bequeath it to his niece, E. T. Bryan. Certain it is, however, that for ten years after his death on May 4, 1833, the volumes remained in his library in Roanoke, for Hon. Hugh Blair Grigsby examined them at that place on January 11, 1843. The library was sold in 1845, but it is evident from the statement of Judge William Leigh, the executor of the estate, that the Randolph copy of the court book remained in his hands.

The later history of this copy is told by Mr. Leigh Robinson, of Washington, D.C., as follows:

"A complete transcript of the Records of the Virginia Company had been in the possession of John Randolph of Roanoke, and by Mr. Randolph's executor, Judge William Leigh, was placed in the hands of my father, shortly after the termination of the war between the States. The Virginia Historical Society, having then no shelter of safety for such a work, my father placed it in the Vaults of one of the banks of Richmond, with a view to transferring it to the Society, as soon as it could be done with Safety. His death occurred before (in his opinion) this could be done. After his death, his family transferred to the Society the copy made by him- self. It was some time before they were able to discover the place of deposit of the Randolph Copy. But they finally recovered it, and transferred this also to the Vir- ginia Historical Society, where it now is." a

See a manuscript letter to Mr. Worthington C. Ford, Chief of the Division of Manuscripts in the Library of Congress, December 15, 1902. These volumes, and the third described by Mr. Robinson's father are now in the Virginia Historical Society collection in Richmond.

Mr. Conway Robinson, the father of Mr. Leigh Robinson, prepared for the press two volumes of abstracts from the court book, which were edited later by R. A. Brock for the Virginia Historical Society and entitled Virginia Company, 1619–1624. Robinson states that in the preparation of the volumes he had many transcripts made through Mr. Mehan from the copy in the Library of Congress, and also from the Randolph volumes which Judge Leigh had loaned to him. b

A letter of Mr. Robinson to Mr. Deane, July 1, 1868. For the use of this letter, as also one from Mr. Deane to Mr. Robinson of July 6, 1868, the Editor is indebted to Mr. J. Franklin Jameson, professor of history in Chicago University. In a memorandum Mr. Deane states that he inspected these volumes in April, 1872, at which time they were at the house of Mr. S. A. Myers, the law partner of Mr. Con- way Robinson.

The third volume of this Randolph series, which is cited both by Burk and by Hening c

For the extracts from the "Ancient Records," Vol. III, so called, by Hening, see Statutes at Large, I, 76–113 (collated readings given), 113–120, 145, 146, 209, 223.

as "Ancient Records, Volume III," was copied from the transcript attested by R. Hickman. This volume of Miscellaneous Records, 1606–1692, is the only volume which contains the substance found in the Randolph copy, and is of an earlier date, and, like the original rolls, is less chronological in arrangement. That the Randolph copy was not made from the original records is evidenced by the fact that the abstracts are identical with those of the Hickman or "Bland" copy.

That both Hening and Burk used the Randolph copies of the court book and also the third volume of that series is proved by their descriptions of the volumes, while the page references to "Ancient Records" cited by Hening coincide in each case with these three volumes. Mr. Hening speaks of three large folio volumes not in the orthography of the age of the events, and compiled without much regard to method for the purpose of forming material for a history of Virginia, and states that the first two volumes are minutes of the proceedings of the London Company, and the third an epitome of the legislative and judicial acts of authorities in Vir- ginia, so far as then extant, which were regularly transmitted to England. These, he continues, were used by John Burk, who got them from John Randolph, and also by Skelton Jones, 1809, to complete Burk's History of Virginia. a

Hening, Statutes at Large, I, 76 n. (a).

Mr. Burk himself declares that there are two large volumes, instead of three, as stated by Hening, "containing the minutes of the London Company together with the pro- ceedings of the Virginia Councils and Assembly, with little interruption to the middle of the reign of George II." b

Burk, History of Virginia, I, ch. V; II. 7. 42. 67.

JEFFERSON TRANSCRIPTS

The three volumes containing transcripts of the Virginia Records which came from the Jefferson Library in 1815 are unique, containing copies of records since destroyed. Two of them are attested by R. Hickman, the deputy clerk of the general court in 1722, and the third is the only seventeenth century transcript in our possession. Unlike the Randolph copies, the two large volumes include copies of records since destroyed.

Of this group the "First laws made by the assembly in Va. Anno 1623" bears on the back of the last page the following indorsement in Mr. Jefferson's hand: "This was found among the manuscript papers of Sr John Randolph and by the Hoñble. Peyton Randolph, esq. his son was given to Tho. Jefferson," and is attested as follows: "Copia Test R. Hickman D C G C." This early eighteenth century transcript was made by the same copyist as were the Miscellaneous Records, 1606–1692, and is the volume used by Hening and referred to in his first volume, pages 121–129. It must also be the subject of a letter from Thomas Jefferson to Hening, April 8, 1815, in which he states that the manuscript marked "A" contains laws of 1623–24, thirty-five acts, which was given him by Peyton Randolph from the materials used by Sir John Randolph, and which Mr. Jefferson declares to be the "Only copy extant of those laws!" a

Jefferson Letters, in the Library of Congress. This is an error, since a contemporary copy has been found among the "fragile papers" in Jefferson's own possession at the time.

In 1803 Mr. Jefferson had declined to lend to Mr. John D. Burk some of the printed laws of Virginia in his possession, since they were unique and could not be replaced. b

Thomas Jefferson to John D. Burk, Monticello, February 21, 1803.

The internal evidence points to the fact that Hening also used the other volumes of this set, a fact corroborated by the following statement of Mr. Jefferson in a letter to Mr. George Watterson, May 7, 1815: "I gave to Mr. Milligan a note of those folio volumes of the Laws of Virginia belonging to the Library which being in known hands, will be recovered. One is a MS. volume from which a printed copy is now preparing for publica- tion." c

W. D. Johnston, History of the Library of Congress, I, 178.

Mr. Hening was doubtless using them in the preparation of his later volumes. Certain it is that these documents form the basis for a part of his first volume, in which he cites the Journal of the Council and Assembly, 1626–1634, as belonging to Thomas Jefferson, and as having been "purchased by him with the library of Peyton Randolph, from his executors." The third, the Miscellaneous Records, 1606–1692, he states was bought by Mr. Jefferson "from the executor of Richard Bland, dec'd." d

Hening, Statutes at Large, I, 147, 152, 224. The first four volumes of this work were published in 1809. By an act of the assembly in 1819 the work was completed. In 1823 the first four volumes were reprinted.

The seventeenth century volume, entitled Instructions, Commic̃ons letters of Advice and admonitions and Publique Speeches, Proclamations &c: Collected, transcribed and diligently examined by the Originall Records, now extant, belonging to the Assemblie, is a vellum-covered book, with an embossed figure on the back cover, and with the following: "E / 1621 / Publiq̢ Letters / and Orders." On the outside of the front cover upside down is: "E / John Bland / Richard Blan [d]/ Alexander Morrison," / while on the half that remains of the first fly leaf is the name "Nelson." On the fly leaf in the book in pencil is the statement: "date of MSS 1650–1695;" and on the front cover similarly is: "17" Century copie Bland." This presence of Richard Bland's name in the book shows that Mr. Jefferson secured it with the Bland Library. The writing of the volume is similar to the early seven- teenth century system in many of the abbreviations, the use of the double f, and the formation of some of the letters. Evidently this is a collection of correspondence of the colony, transcribed from the court books and from the miscellaneous papers of the three volumes of the manuscript records of the company. e

For the contents of this volume as late as 1624 see the List of Records.

The second volume of documents from 1606 to 1692 is in an eighteenth century hand, many of the documents bearing the attestation of R. Hickman. The binding is in calf and bears on the back the red label, "Vir/. Records." Bound into the back of this volume is a small quarto of twenty-five pages, containing outlines of documents in the Manuscript Records of the Company, which serves to identify the loose pages of the original records as Roll A. 42, and an abstract of Captain Argall's register during his government. a

The documents there referred to by page are noted in the "List of Records." The original register of Captain Argall has not been found.

The documents in the folio volume are charters, instructions, commissions, letters from the Privy Council, and other documents emanating from the Crown, together with one or two from the company and from the council in Virginia. b

For the contents of this volume see the List of Records.

That this volume is the one used by Hening in his Statutes and referred to as the "Bland copy," c

Hening, Statutes, I, 223, 224–238.

is indicated by the contents as well as by the fact that it includes the quarto volume. His reason for citing it as the "Bland copy" can only be surmised, namely, that he had Mr. Jefferson's statement that it had been secured with the Bland library, an erroneous designation as is proved by Stith's statement in his preface, that R. Hickman made a copy of the Records for Sir John Randolph. d

Stith, History of Virginia, Preface, which is dated December 10, 1746.

But the volume has been known for the past century as the "Bland copy," although its title as a "Hickman" or a "Randolph" volume would be more appropriate.

The conclusions which have been formed with regard to these original and contemporary manuscripts and the later transcripts disclose little concerning the circumstances under which they were made, or the original owners of the volumes. But the important facts to discover, in order to determine their authenticity, are the period of the transcript and the documents from which the copies were made, and these facts in each case have been ascertained. e

For published statements and discussions of the history and identity of the volumes in the Library of Congress which concern the Virginia Company, as also of the Randolph copy, see:

Robert C. Howison, History of Virginia, I, 212 (footnote). 1843.

Fordyce M. Hubbard, Life of Sir Francis Wyatt in Belknap's American Biography (footnote). 1843.

Hugh Blair Grigsby in the Southern Literary Messenger, February, 1854.

J[ohn] W[ingate] T[hornton], in the Historical Magazine, February, 1858.

Charles Campbell, History of Virginia, p. 174. 1860.

William Green, in the Southern Literary Messenger, September, 1863.

Justin Winsor, Narrative and Critical History of America, III, 158. 1885.

E. D. Neill, Virginia Company of London, 1889.

J. Franklin Jameson, "The Records of the Virginia Company." An address delivered before the Rhode Island Historical Society, November 27, 1888. (The manuscript used by the Editor) Reviewed in the Magazine of American History with Notes and Queries, Vol. XXI, January-June, 1889. p. 82.

Alexander Brown, in the Magazine of American History, April, 1893.

Lyon G. Tyler, in the Report of the American Historical Association, 1901, I, 545–550.

The Library of Congress has recently acquired a large number of transcripts of those manuscripts now in the libraries of Great Britain pertaining to the Virginia Company or to the colony under the authority of the company. It thus possesses reproductions of all of the Virginia material in the British Museum, the Privy Council office, the Bodleian Library, and the Magdalene College Library, Cambridge. In the Public Record Office all docquet notices on Virginia, all records of suits in chancery and the admiralty pertaining to Virginia, and the quo warranto in the King's Bench, by which the company was dissolved, as well as the most important documents and correspondence, have been transcribed or photographed for the Library of Congress, but the correspondence of the planters, the less important correspondence of the company, and mere memoranda are yet to be transcribed. The latter material is fairly outlined in the Calendar of State Papers, Colonial Series, 1574 to 1660, and in the Appendix of the eighth report of the Royal Commission on Historical Manuscripts, or is printed elsewhere in full. a

All of these papers are included in the List of Records.

The collection of publications by the company belonging to the Library of Congress is fairly good. It contains twelve of those which were issued before 1616, but of the later books it has only three. The Declaration of 1620, the Declaration by Waterhouse in 1622, and John Donne's Sermon of the same year, in addition to Smith's General History, are the only ones of the eighteen now extant which are in the Library.

DOCUMENTS IN RICHMOND

The colonial records in Richmond, Virginia, relating to the period of the company are extremely few in number. Fortunately the original documents, which are in the Library of Congress, were borrowed or abstracted from the state house in time to save them from destruction during the Revolution or by fire in 1865. b

William G. Stanard, "The Virginia Archives" in the Report of the American Historical Associa- tion, 1903, I, 645–664.

There are, however, two volumes of original records in the Virginia State land office containing grants of land in 1623 and 1624, which were evidently entered by William Claybourne, at that time surveyor for the colony. The his- tory of contemporary documents before 1625, which are located in the district of the old settlement, may thus be briefly told.

The valuable collections of the Virginia Historical Society in Richmond embrace the John Randolph of Roanoke transcripts described above, while the State library has three sets of transcripts and one set of abstracts from the British Public Record Office. Of the latter the De Jarnette papers, 1606–1691, include only a few of the documents of interest; in the Macdonald and Winder papers are full and careful copies of several of the long and important documents, following generally the orthography of the originals; while the Sainsbury abstracts contain comparatively full outlines of those documents included in the Calendar of State Papers, Colonial Series.

MANUSCRIPTS IN THE NEW YORK PUBLIC LIBRARY

The New York Public Library is next in importance to the Library of Congress in manuscript material on the Virginia Company and second only to the John Carter Brown Library of Providence, Rhode Island, in publications. In the Lenox branch of the New York Library is to be found a unique set of documents relating to the settlement of Berkeley Hundred in 1619, known as the Smyth of Nibley papers which "are from the collection of Virginia manuscripts originally brought together by John Smyth (or Smith) of Nibley, the historian of the Berkeleys, who was born in 1567 and died in 1641. The collection comprises over sixty papers, original and contemporary transcripts, relating to the settlement of Virginia between 1613 and 1634. After passing into the hands of John Smyth the younger, and more recently into the Cholmondeley collection at Condover Hall, Shropshire, the manuscripts were offered for sale in January, 1888, by Mr. Bernard Quaritch, from whom they were lately bought and given to the New York Public Library by Mr. Alex- ander Maitland." a

Quoted from the New York Public Library Bulletin (1897), I, 68, and (1899), III, 160.

With the exception of the manuscripts in the Ferrar collection relating to Smythe's Hundred, these form the only extant records of the important movement for private plantations in Virginia under the régime of the company. Two other valuable documents are now in the possession of the Lenox Library, b

List of Records, Nos. 133 and 640.

the holographic letter of John Pory, secretary of the colony, dated September 30, 1619, and Commissioner John Harvey's declaration of the State of Virginia in 1624.

COLLECTIONS OF AMERICANA

The manuscripts in the Library of Congress, the Smyth of Nibley papers in the New York Public Library, and the patent books in Virginia are the only original records of the company or of the colony previous to 1625 now in America. But there are two public collections of Americana which are extremely valuable for this period: The John Carter Brown Library in Providence, Rhode Island, which contains only books on America published before the year 1800, and the New York Public Library.

In the John Carter Brown Library are two royal proclamations, which are the only documents of the character for the period in America; while a declaration of a division of land in 1616, which is a supplementary pamphlet in the Declaration by the Company of June 22, 1620, has no duplicate in existence, although there is an imperfect copy of the latter in the British Museum. The copy of the 1620 declara- tion in the Lenox Library is also unique, since it contains a different supplementary pamphlet of which there is but one other to be found, neither of which has hereto- fore been noted. a

The other copy is in a private collection in New York. This library has also the first editions of the declaration of 1620; the treatise by Banoeil, reprinted in 1622, containing the letters of the King and of the council; Patrick Copland's Virginia's God be Thanked, and his Declaration how the monies were disposed, published in 1622; Edward Waterhouse's Declaration of the State of the Colony, 1622; John Donne's Sermon, 1622.

It is a declaration of November 15, 1620, concerning the dispatch of supplies, and proves by its date that this is a later edition of the declaration of June 22. The John Carter Brown Library also contains a unique treatise by John Brinsley, bearing the date 1622, the only other copy of which is in the Lenox Library. It has also two sermons, one by Patrick Copland, entitled Virginia's God be Thanked, b

There is a manuscript copy of this sermon in the Library of Congress.

with duplicates in the possession of Edward E. Ayer, and of the Pequot Library, Southport, Connecticut, and one by John Donne, of which there are copies in the Lenox, the Ayer, and the Congressional libraries. In addition to these rare books, the Declaration of Edward Waterhouse of 1622, containing "The Inconveniences that have happened, 1622," and Observations to be followed for making of fit roomes for silk worms, 1620, including "A valuation of the commodi- ties growing and to be had in Virginia; rated as they are worth," are to be found in the Providence collection, while the latter is also in the Harvard and the Lenox libraries. c

"The Inconveniences" was published separately as a broadside, and copies are to be found in the Lenox Library and in the collections of the Society of Antiquaries, London. A copy was in the Cholmondeley collection, which is probably the one mentioned in the Quaritch catalogue of May, 1887. This, as also a copy of the Observations, was sold to Mr. Kalbfleisch. The supposition that it was originally published as a part of the Declaration of Edward Waterhouse does not seem valid, since the John Carter Brown copy is the only one containing the broadside, and the page in that case has evidently been trimmed and inserted.

In the same year a Treatise on the art of making silk was published by John Banoeil, containing a royal letter of encouragement to the Earl of Southampton, now to be found both in the Brown and the Lenox libraries.

The New York Public Library is second only in value to the John Carter Brown Library for this subject. In addition to the books noted above it contains two unique publications of the company, the first is a broadside of May 17, 1620, which is the only copy known to the Editor. A catalogue of Bernard Quaritch, in May, 1887, describes such a broadside, which is known to have been purchased by Mr. Kalbfleisch. The second is A Note of the Shipping, etc., sent to Virginia in 1621. The Cholmondeley copy of this also was sold by Mr. Quaritch to Mr. Kalbfleisch. a

In the catalogue of Bernard Quaritch for May, 1887, the broadside of May 17, 1620, and the Note of the Shipping, 1621, are both noted as being unique since each contains the final clause: "Who- soever transports himself or any other at his own charge unto Virginia, shall for each person so trans- ported before mid-summer, 1625, have to him and his heirs forever 50 acres of land upon a first and 50 acres upon a second division." A copy of the Note of the Shipping, 1621, in the Cholmondeley collection is similarly described in the fifth report of the Historical Manuscripts Commission, page 341. The Quaritch copies were sold to Mr. Kalbfleisch, whose collection went to Mr. Lefferts, and finally through the dealers, Geo. H. Richmond or Dodd, Mead & Co., either to a private collection or to the Lenox Library. But the Lenox copies either do not correspond to these descriptions or were not purchased from Mr. Lefferts. The volumes of the Lefferts collection, which were not sold in America, were sent to Sotheby, England, but Mr. Eames of the New York Public Library states that no early Virginia material was allowed to return to England.

A third copy of the same is in the collection of printed broadsides of the Society of Antiquaries in London.

The volumes of printed material relating to the Virginia Company, which are in the Harvard Library, have been mentioned above.

Two private collections deserve mention for their comparatively large number of important publications of the company, the private collection in New York and that of Mr. Edward Ayer, in Chicago, Illinois. b

The collection of Americana belonging to Mr. Ayer is open to the public through the Newberry Library. For the early Virginia material of the library see Index under "Ayer, Edward."

In addition to twenty other rare publications of the company Mr. Ayer has a unique book entitled "Greevovs Grones for the Poore," 1621. It refers to the Virginia Company in its address only, and in the statement of the number of poor that had been sent to Virginia, but is of value for an understanding of that movement. The other private collection is of about the same size. It contains the duplicate of the 1620 declaration in the Lenox and the only known copy of a four-page tract entitled "Declaration how the monies were disposed (being) collections for the Grammar Schooles," by Patrick Copland. c

This tract is described in the Appendix of the Fifth Report of the Historical Manuscripts Commission, as follows: "A Declaration how the monies, viz., 70, 8s. 6d., were disposed, which was gathered (by Mr. Patrick Copland, preacher in the Royal James) at the Cape of Good Hope (toward the building of a free schoole in Virginia) of the gentlemen and mariners in the said ship; a list of whose names are under specified, &c. 4to 7 pp. Imprinted at London by F. K. 1622."

TRANSCRIPTS IN THE NEW YORK PUBLIC LIBRARY

Other attempts have been made to secure resources for research in America. Not only is there the aggregation of excerpts from the English documents in Richmond, as described above, and the acquisition of transcripts in the Library of Congress within recent years, but half a century ago a similar interest was displayed by collectors and historians in New York City, forming three collec- tions which are to-day in the Lenox Library.

William H. Aspinwall, a merchant, secured among other papers the Chalmers collection of letters and documents relating to Virginia from 1606 to 1775. They were in turn sold to Samuel Latham Mitchell Barlow, a lawyer and notable collector of New York City, from whom a part were purchased by the library, while others came to the Lenox with the Bancroft transcripts in 1893. Chalmers had been a clerk in the State paper office and seems to have taken these extracts, outlines, and sometimes full copies from the Plantation office papers, since he continually refers to them in his Political Annals. a

See a statement by Victor H. Paltsits, April 14, 1896, inserted in the first volume of these papers now in the Lenox.

They are modern- ized transcripts, failing to follow the early orthography, abbreviations, and capitalization. The writing is cramped and often almost illegible, while the table of contents is incomplete and useless. They comprise (1) a series of brief outlines of Privy Council orders; (2) extracts from the Dudley-Carleton papers; (3) outlines of additional Council orders; (4) a calendar of certain of the colonial State papers; (5) outlines of council orders dealing with other trading companies. All of the original documents are at present in the Public Record Office and are noted in the Bibliographical List of Records following.

The Bancroft papers relating to Virginia and the Simancas Archives are well bound, clear, and apparently careful, correct, and full copies of the documents included. The first two volumes of the Bancroft collection bearing on the Virginia Company are transcripts of many of the documents in the State paper office, probably made in 1852 by Noel Sainsbury, but the list is not complete. While the peculiar and characteristic signs of abbreviation are not followed, the orthog- raphy seems to be accurate throughout. Furthermore, the collection includes the document entire, unless otherwise indicated. The table of contents is careful and correct. b

The documents transcribed in both the Chalmers-Barlow and the Bancroft volumes are noted in the List of Records under "Remarks."

The "Simancas Archives" is a volume of transcripts of "Papers in the Simancas Archives relating to the History of Virginia and other portions of America between 1608 and 1624, made for Alexander Brown and many of them used by him in his book, The Genesis of the U. S." The only document relating to Virginia which is not reproduced in that collection is a repetition of the proclamation of the King of England concerning tobacco, bearing the date November 12, 1624.

COLLECTIONS IN ENGLAND
FERRAR PAPERS

The most unique collection in England for the study of the Virginia Company is that in the possession of Magdelene College, Cambridge. As the property of Nicholas and John Ferrar, who were second only to Sir Edwin Sandys in their activity in the company, it would be invaluable; but its importance is further enhanced by the fact that it contains the correspondence and papers of Sir Edwin Sandys himself. These seventy-eight papers, which are either records of the company or vitally concern it, cover the period of the Sandys-Southampton influence from 1617 to the summer of 1623. They were the property of Dr. Peckard, master of Magdalene College in 1790, and were bequeathed to the college upon his death. It is probable that the greater part of the collection came from the Ferrar family through Dr. Peckard's wife, Martha Ferrar, the great granddaugher of John Ferrar, since the Virginia papers form but one-third of the group. The remain- ing papers concern family affairs only, and date from 1601 to the middle of the eighteenth century. Some of them are doubtless those received from the Earl of Dorset by Dr. Peckard, when he was preparing his Memoirs of Nicholas Ferrar. a

In this work Dr. Peckard states that the Earl of Dorset had had his library searched and had sent him a few loose papers belonging to the Virginia Company.

The first knowledge of the Ferrar papers in later years was communicated to the Virginia Magazine of History by Michael Lloyd Ferrar, Little Gidding. Ealing, England. He sent a number of transcripts and photographs of letters to the maga- zine for publication, among which were some half dozen bearing on the affairs of the company, but the number which he was permitted to reproduce was limited by the college. While Mr. Ferrar was completing a history of the Ferrar family the entire collection was deposited at his home, and it was therefore in Ealing in the fall of 1903 that the Editor was first permitted by the authorities of the college to "see and note the contents" of the papers. Before the following summer Mr. Ferrar had died and the collection had been returned to Cambridge, where complete trans- cripts of all letters and photographs of all documents relating to the Virginia Company were made for the Library of Congress under the supervision of the Editor.

These papers are loose, many of them being much damaged, and it is apparent that they are a part of a larger collection which must have been neglected while in the possession of the family. There are some envelopes without letters, many rough memoranda by both Nicholas and John Ferrar, some account books, and some rough drafts of petitions to the House of Commons and of discussions on the silkworm. The autographs which they furnish of both Nicholas and John Ferrar have been of no little interest, as well as value, for the identification of other papers in the Public Record Office, and in the Library of Congress. Furthermore, the proof that Nicholas Ferrar himself supervised the transcript of the court book is thus gained.

In this collection are twenty-three papers which are veritable records of the company. a

List of Records, Nos. 76, 138, 164, 258, 259, 303, 304, 394, 421, 423, 470, 479, 539, 541, 543, and the quo warranto.

Two documents give our only knowledge of the financial affairs of Smythe's Hundred, slight indeed, but from them comes additional information concerning the system of organization of the societies for private adventure. Sundry other unique though scattered documents are among these papers, such as receipts for money expended, showing the method of business, reports of committees, and of proceedings of the commissioners, revealing the bitterness of the factions, drafts or original records of certain courts, forming the only proof of the accuracy of the copies of the court books, and three new proceedings of the courts of the Somers Islands Company. One of the latter is evidently a blotter and reveals the methods used in keeping the court book. The quo warranto in English, which was served upon the treasurer and company, would have been of the greatest value had not the original record of the suit in the King's Bench just been discovered. Another document of great value is the receipt referred to above, which proves that a court book was regularly kept by the company from its very beginning. It reveals how much has been lost.

The series, consisting of twenty letters from Sir Edwin Sandys to John Ferrar, shows more clearly than any other documents we possess b

For these letters see Ibid., Nos. 120, 131, 135, 136, 171, 181, 191, 197, 211, 219, 271, 275, 282, 307, 315, 316, 317, 364, 368.

who the real managers of the affairs were and what was the spirit of the Sandys faction. The absolute confidence which Sir Edwin Sandys had in John Ferrar and his great love for both of the brothers is significant. Moreover, the knowledge of the affairs of the company, the careful watch over every act and movement affecting the business, the deep and earnest plans for the advancement of its interests revealed in these letters prove that Sir Edwin Sandys was the keen financial manager of the undertaking. It was evidently he who determined what the policy should be; he was apparently the statesman and the politician, directing the method of address to the lords of the council or the attitude to be assumed toward the Crown, controlling the courts so that he might be present when there was danger of faction, concealing the information received from the colony when he feared it would entail criticism. Much of the personal feeling and animosity that existed is here shown, and much also which reveals actual financial conditions.

The last group of these papers comprises thirty-five letters, all but one or two of which were written by planters or adventurers, resident in the colony, to Sir Edwin Sandys. a

For these letters, see List of Records, Nos. 93, 94, 115, 119, 134, 153, 156, 158, 166, 173, 179, 180, 235, 238, 239, 241, 243–250, 252–255, 285, 343, 466.

Of these, five came from Governor Yeardley, ten from either John Pory or George Thorpe, secretaries in the colony at different times, and two from the cape merchant; of the remainder, at least ten are from colonists whose opinions and reports have not reached us in any other way. These letters are as full of complaint with regard to the insufficient supplies sent with new planters, as are the letters in the Manchester papers which Sir Nathaniel Rich and the Earl of Warwick used as a basis of accusation against the management of the company, but they differ from the other complaints in that they are kindly in spirit. Mr. Pory's letters are full of definite information concerning the affairs, needs, and hopes of the colony, while Governor Yeardley also gives some valuable statements with regard to new settlers, the council, the relations with the Indians, and the government of the colony; both complain of the scant provisioning of the new settlers. The burden of the Yeardley letters, however, is the investigation of the affairs of Captain Argall and the consequent criticism drawn upon himself from Lord Rich. Unfortunately, comparatively few additional data are afforded concerning the Argall affair either by Pory or by Yeardley. The planters themselves tell much of their condition and of the districts in which they have settled, but the theme of their letters is most likely to be a demand for promised payments or a complaint as to the scarcity of provisions and clothes. The attitude toward Yeardley is generally favorable, John Rolfe alone supporting Argall and criticizing the governor. As from all correspondence of such a character, new ideas are gained, new points of view, and often additional knowledge of relations with the Indians and with one another. Many of these letters are annotated by John Ferrar, revealing the degree of importance which he attached to their various and often conflicting statements.

PUBLIC RECORD OFFICE—MANCHESTER PAPERS

A class of documents, very similar in character but of quite different spirit is the Manchester papers, now in the Public Record Office, London. Robert, Earl of Warwick, and his cousin, Sir Nathaniel Rich, were both members of the company. Sir Nathaniel was a leader in the Warwick faction, while Earl Robert, after the dissolution of the company in 1624, became a member of the council for Virginia. The third wife of the Earl was Eleanor, Countess of Sussex, daughter of Richard Wortley, and she, after the death of the Earl of Warwick, married, as her fourth husband, Edward Montague, second Earl of Manchester. Thus it is that the Kimbolton manuscripts, which are the records of the Duke of Manchester, contain a large collection of petitions, declarations, memoranda, letters, and lists which emanated from the Warwick faction of the Virginia Company. a

These Manchester papers are calendared by the Royal Commission on Historical Manuscripts, Report VIII, Part 2.

Many of these are holographs of Nathaniel Rich and Alderman Johnson, prime movers in that conflict. Henry Montague, Viscount Mandeville and later Earl of Manchester, was at one time lord president of the Privy Council. Therefore many of the Manchester papers may have belonged to him. The autographs, however, identify those which concern the Virginia Company as having belonged to Nathaniel Rich.

The Manchester and the Ferrar papers therefore present the two sides of this conflict, not in open court or even in private contest, but in the private documents and memoranda of the leaders. The collections are of about the same size, there being sixty-six papers in the Manchester series, to seventy-eight in the Ferrar group. These, also, are unbound, but since the greater part are rough notes of documents, or drafts of propositions or speeches, they are much more difficult to decipher than the Ferrar papers. Indeed many of them are almost illegible, and not a few are unintelligible, having no connecting thought.

A dozen of these papers may be considered documentary; that is, rough copies of letters, petitions, and declarations, or of acts of the company, or of its members and officers in an official capacity. A few of these only are to be found among the other records of the company. Like the rest of the set, they, almost without exception, concern the accusations against the Sandys-Southampton management. Three of them are petitions or letters concerning the extent of the tobacco trade, but the rest are petitions to the King against one faction or the other, and answers to those petitions. Of these, one of the most important is a copy of the opinion of counsel concerning the powers conferred on the Virginia Company by the several letters patent. b

List of Records, p. 140, No. 170.

Accusation and defense are set forth in these documents, but the headings of speeches, the drafts of propositions, and the notes from docu- ments on which the arguments are based proclaim the motives and methods of the accusers. No proof could be clearer than these memoranda by Alderman Johnson and Nathaniel Rich that the company was to be overthrown by fair means or foul. In two or three papers are carefully prepared lists of alleged evil deeds of Sir Edwin Sandys and catalogues of the faults and errors of the company, while the criticisms of the policy and of the management of the company are set down in order, based on letters from colonists, of which there are eleven in the collection. In these criticisms and drafts of propositions much information is afforded concerning the management, organization, and condition of the colony and com- pany. Thus, various books kept by the company during Sir Thomas Smythe's time, and not otherwise known, are mentioned. a

List of Records, No. 438.

Five or six rough drafts of propositions concerning the tobacco and salary question are also to be found here, as well as numerous statements of sums adventured, of the number of men sent to the colony, lists of members favorable to one faction or the other and candidates for office from both parties. Many of the rough notes of both Johnson and Rich furnish the only source of information concerning the directions given to the commissioners appointed by the Crown to investigate the condition of the company and of the colony and their acts and reports, but a fact of greater sig- nificance is this, that the Warwick collection contains a dozen rough drafts of directions to those commissioners, of charges against the company to be sent to that body, of preliminary reports concerning the government of Virginia, and of projects for the settlement of the government and the colony. The source of the schism is here revealed, and the accusation by Sandys that accuser and judge were one is justified. b

A letter from Sir Edwin Sandys to John Ferrar, cited in the List of Records, No. 317.

COLONIAL AND DOMESTIC STATE PAPERS

The other large group of Virginia records, consisting of over one hundred and twenty separate documents, is found among the colonial and domestic papers deposited in the Public Record Office. The source of this collection is uncertain. Much of it came from the Plantation Office, and perhaps from the Privy Council Office. The consolidation of depositories took place in 1578, but the efforts of Dr. Thomas Wilson, the first clerk of the papers, to force the previous and incumbent magistrates to hand over all documents to the State, were evidently often unavailing, and hence it was that the creation of a State Paper Office was not really accomplished until the period of the company. After Sir Thomas Wilson succeeded his uncle during the reign of James I the aid of the King was much relied upon, and, though partially successful, the recent revelation of quasi- public documents in private collections shows that not only earlier but later officials considered papers of record private property. c

Scargill-Bird, A Guide to the Documents in the Public Record Office, Introduction, p. xxxvi. See also W. N. Sainsbury, "Calendar of Documents relating to the History of the State Paper Office to the year 1800," in the Deputy Keepers Report, No. 30, Appendix, No. 7, pp. 212–293.

Thus some of the Salis- bury papers, which Wilson failed to secure, are now at Hatfield House; and others have passed with the Lansdowne collection into the British Museum, where they are known as the Burghley papers. Similarly, the Cottonian papers in the Museum originally belonged to Sir Robert Cotton in the time of James I.

Among the State Papers deposited in the Record Office are the letters to John Ferrar, dated from Virginia in April, 1623, which may have been seized by the commission appointed on May 9, 1623, to investigate the affairs of the com- pany. There, too, are found the attested copies of letters and records in the colony which concern the Harvey Commission, sent to the commission in England by Edward Sharpless. A few of these papers seem to have belonged to the company, such as the documents pertaining to the Walloons and dated 1621; Pory's report from Virginia, in the same year; and two copies of documents by Collingwood, dated the latter part of 1623. a

List of Records, pp. 145, ff., Nos. 227, 243, 444, 520, 579.

All of these facts lead to the con- clusion that a part of the records of the commissions, and a part of the confis- cated records of the company are here deposited. If so, where are the remainder of these most valuable documents? b

For a discussion of the fate of the missing records and the probability as to their existence, see ch. V, post.

The colonial papers and the domestic correspondence include about forty-eight which are records, and about nineteen which are documentary in character. The first group contains, among other papers, many of the petitions and letters addressed to the King and to the Privy Council, and many others of the council. It is thus apparent that the royal correspondence of the Privy Council and the Privy Council papers which should accompany the register are in this collection. To the second group belong those papers which contain projects presented by individuals and answers to such propositions, lists of adventures for the company, and also lists of men sent to the colony and of lands granted in Virginia. Among these papers are seven letters from colonists, in addition to about fifty which may be consid- ered subsidiary correspondence in that they refer incidentally to the affairs of the company. Such are the Mandeville-Conway, Middlesex-Conway, Chamberlain- Carleton, Conway-Calvert, and Nethersole-Carleton letters.

RECORDS OF COURTS

In the libels of the admiralty court, instance and prize, are found records of suits in which the Virginia Company is plaintiff. As a part of the controversy in which William Wye appears as defendant is the suit of Yonge vs. Roberts; while the fragment of the record of the Earl of Warwick vs. Edward Bruister concerning the trouble over the ships Neptune and Treasurer completes the list of cases in that court which in any way affect the Virginia Company. The latter is so torn and defaced that but for an occasional date or fact, it affords no information of value. Among the other formal material of the suit against Wye are two valuable documents, namely, the commission given to Wye and a letter from the treasurer and council to Sir George Yeardley, dated June 21, 1619. In the latter are valuable references to Argall, and the complaints against Wye, though torn and illegible, reveal something of the loss estimated as resulting from the failure to settle the passengers in Virginia. These records of the admiralty court have not hereto- fore been published, although they were cited by R. G. Marsden in his discussion of those documents. a

R. G. Marsden, "Records of the Admiralty Court" in the Transactions of the Royal Historical Society, new series, Vol. XVI, 90–96. Many parts of these records are undecipherable, and as a result the transcripts made for the Library of Congress are incomplete.

But the chancery files, which have furnished the records of suits by the Virginia Company, have only just been indexed, and hence the documents have not heretofore been known.

The record of the quo warranto suit by which the Virginia Company was over- thrown has been erroneously declared to be not extant, a mistake due to a differ- ence in view with regard to the court out of which such a writ would be issued and as to the court in which the writ would be returnable. Hence the search for the document has hitherto been conducted in the Petty Bag of the Chancery instead of in the coram rege roll of the King's Bench. It was in the latter roll that the full record of the writ, the pleadings, and the judgment were discovered by the Editor in the fall of 1903. b

For a discussion of the content of the document, see post, p. 103.

In A Guide to the Documents in the Public Record Office Mr. Bird gives the following explanation of the placita de quo warranto: They "consist of the pleadings and judgments on writs of 'quo warranto' in nature of writs of right on behalf of the King against those who claimed or usurped any office, franchise, or liberty. The pleadings and judgments on writs of 'quo war- ranto' or of 'quo titulo clamat' took place in the King's Bench or the Exchequer and are enrolled on the 'coram rege rolls' or the 'memoranda rolls' accordingly." c

P. 166.

The statement in the court book of the company is that the "company had been served with process out of the King's Bench by virtue of a quo warranto." It was this clue and that from Mr. Scargill-Bird that led the Editor to conduct the search successfully in the coram rege roll.

In the Record Office are also the docquet books, which afford some knowledge of the grants of the King affecting the customs on tobacco, and the patent rolls, which contain the letters patent of 1606, 1609, and 1612. In the colonial entry books and among the proclamations of the King are orders of the Privy Council and of the King, all of which are recorded in the Privy Council register.

PRIVY COUNCIL REGISTER

Since the Privy Council took no direct part in the affairs of the company between 1617 and the summer of 1622, its orders related to those regulations which would enable the acts of the company to advance the interests of the kingdom, leaving absolute power to the company as the proprietor. Thus fully one-half of its thirty measures during those five years were reprieves of prisoners, with the warrants nec- essary to send them to Virginia or orders enabling children to be transferred from the cities of the kingdom to the colony. During this period the Crown commenced its attempts to secure a revenue from the tobacco trade, and a series of orders finally resulted in the approval of the contract with the company in February of 1622/3. In its foreign and external relations the company was of course subject to the action of the Privy Council, and hence the orders in council concerned the contest with Spain over the attack of the Treasurer. Furthermore, the disagreement with the northern colony concerning fishing privileges had to be adjusted by the council and resulted in the renewal of the patent to the northern colony and in regulations as to rights of fishing. It was in the summer of 1622 that the first movement was made which brought the difficulties between the factions into the open board. The petition of John Bargrave against Sir Thomas Smythe, Alderman Johnson, and others, in which they were accused of mismanagement, resulted in the defeat of Bargrave six months later, as was to have been expected from the hostility of the Crown to the party in Parliament led by Sir Edwin Sandys, of which Bargrave was evidently a member at that time. But the storm broke in the following April, when the commission was appointed to inquire into the true state of the Virginia and Somers Islands companies. From that date until the dissolution of the com- pany in the summer of 1624 the council busied itself with the affairs of the company. No less than 31 orders are recorded which create commissions and empower them to investigate both the colony and the company and in the end to assume the functions of government in the name of the Crown, while seven of these documents pass directly between the council and the colony, and no other measures were con- sidered except those which enabled the Warwick faction to tear down the work of the adventurers and to take into its own hands the control of the entire business. These forms of government, planned by the Crown and the commissions here recorded, by which the authority was vested in the commissioners and later in a committee of the Privy Council, stand for the beginning of royal control. Here- tofore, with a few exceptions, these orders have been known only through the calendar of state papers, and even then not more than one-half have been included.

The Privy Council Office and its records are located in the treasury building, Whitehall, London; the registers of the council orders are kept in the clerk's office but all of the early registers are properly about to be transferred to the Public Record Office. These registers contain the orders of the council, and, after Charles I, also the petitions received and the letters issued by the council. In the earlier reigns such documents were not recorded; whether they were even preserved as public documents is not certain, although, as stated above, many of them have found their way to the Record Office and are there calendared among the colonial, domestic, or foreign papers. There is a collection of such original material, dating from the close of the seventeenth century, in the treasury building. a

The clerk's office is entered from Downing street, but the library containing the original docu- ments must be reached through the main entrance on Whitehall.

BRITISH MUSEUM

The collection of manuscripts from which the most valuable returns might be expected is in the British Museum. The documents there deposited are small in number but they are of great value, and none of them have heretofore been printed. The originals of the precedents for patents of the Virginia Company, which are now noted for the first time, evidently formed a part of the records of the company, and it may be that they are some of the copies of the records made under the supervision of Nicholas Ferrar, or they may be the drafts of patents which were filed by the company according to an order of its court. Not only is the writing similar to much of that in the contemporary transcripts of the court book, but they are unsigned copies, and the headings of a number of them seem to be in the autograph of Edward Collingwood. The caption of the series shows that the copies were made for the sake of preserving the form, and reads as follows: "Presidents of Patents, Grants & Commissioners by the Virginia Company. 1621." b

"List of Records," pp. 149 ff., Nos. 256, 257, 267, 276–278, 298, 299, 323–325. The volume is cata- logued as Additional MSS., 14285.

The company thus preserved the legal form of the various grants. Four of them are of value not only for the form but for the knowledge they furnish of the distinction made between the four classes of adventurers: those who paid money into the treasury and agreed to plant one hundred persons, those who established a private plantation, those who were private planters, and those whose "shares exceedinge 50 acr̃ are exempted from payinge any Rent to ye Company for the persons they transporte." In addition certain knowledge is afforded concerning the grants. Two out of the other nine documents are commissions granted to owners and masters of ships for voyages to Virginia, by which they are to transport passengers to Virginia. Another is a covenant by the company to pay for the victualing and transporting of passengers, while still another is for the transporting of goods only. Other forms are those used for granting rights of fishing on the coast of America, for voyages to Virginia, and free fishing along the shores, and others still for discovery, fishing, and trading in furs in Virginia. The covenant signed by William Ewens in which he agreed to fit out the ship George reveals the form of contract required of the masters of ships by the company.

These papers form the last group in a volume which contains "A Catalogue of the Nobility of England in the time of King James the first," 1626, and "A list of all the Officers belonging to Courts of Justice the Kings household & Reuenue wth their seuerall fees." There are several signs for identification, but none which indicate the original owner of the volume. It is a small quarto in leather, bearing the signature, "H Cowle A. 29," on the inner cover, and also the arms of James Bindley with the motto, "unus et idem." At the bottom of the same cover is written the following: "Purchased at the sale of W. Berwicks library at Sotheby's, 27 Apr. 1863. (Lot 427)," while on the second fly leaf in the upper right-hand corner is the inscription: "The gift of Mr Dan1 Prince, Bookseller. Oxford—July 23d. 1776." Farther than this the history of the papers is unknown.

Another set of documents in the Museum is also unique. One of these sup- plies all that is known outside of the court book and a single reference in Argall's register book regarding the controversy over the grant of land to John Martin in Virginia. The other letters from Martin to his brother-in-law, Sir Julius Cæsar, written in December, 1622, give startling suggestions with regard to an ideal policy for the colony. "The manner howe to bringe in the Indians into subiection wth out makinge an utter extirpation of them ..." is the heading of the paper in which Martin proposes to disable the main body of the enemy by cutting them off from their sources of supply at home and by destroying their trade. He would thus require two hundred soldiers "Contynuallie harrowinge and burneinge all their Townes in wynter." By this means and by gaining a store of grain for two years' supply, he plans for the recovery from the massacre. In order to secure the entire territory from the Indians, in a second letter he propounds a scheme by which the Crown or the company can make a "Royall plantation for gods glory his Matie: and Royall progenyes euer happines and the Companies exceedinge good." The responsibility and control was to be thrown upon the shires of England. The fact that the Martin letters have not heretofore been generally known may be due to an error in the catalogue. They appear under the name "Tho. Martin" instead of "Jho. Martin." a

List of Records, Nos. 378, 384, 385.

Two other projects for the advancement of the colony are in the same collection of papers; one by Captain Bargrave, brother of the Dean of Canterbury, is dated December 8, 1623, and the other a year later. The latter relates to the division of income from tobacco between the King, the planter, and the grower, with a reward to those endeavoring to preserve the plantation, but approves the Ditchfield offer. The Ditchfield offer itself is also in this collection. a

List of Records, Nos. 604 and 733.

Captain Bargrave's proposition for the government of the colony stands midway between absolute royal control and full autonomy of the planters, and holds an important place in the develop- ment of the plans from the proprietary to the royal colony. Furthermore, it is rather significant that in the collection of Sir Julius Cæsar are to be found the propo- sitions of Martin, of Bargrave, and the document by which the commission was finally appointed in 1624, to establish the government in Virginia under royal control. Sir Julius Cæsar, having been a judge of admiralty under Elizabeth and chancellor of the exchequer in the reign of James I, became master of the rolls on January 16, 1610/11, and one of the keepers of the great seal on May 3, 1621. His position evidently enabled him to secure a large collection of valuable drafts of documents. This was sold at auction in 1757. One-third of the collection was purchased by the Earl of Shelburne (Lord Lansdowne) from Webb and came to the Museum among the Lansdowne papers.

Two collections of printed material of the company are to be found in England, the British Museum and the Society of Antiquaries. While the British Museum has a large number of the earlier publications, it possesses only the declaration of June 22, 1620, and also the unique note of shipping of 1620, the only other copy of which is owned by the Society of Antiquaries. The collection of that society is rich in royal proclamations, besides possessing a copy of the Note of Shipping, 1621, and of the Inconveniences of 1622. The scattering documents to be found in private collections throughout England are often valuable, but nowhere else is to be found any considerable number of papers or any that are of great importance. b

For those documents in private collections, see the List of Records. In the concluding section of this "Introduction" will be found a discussion of the collections which have been searched in vain for material relating to the Virginia Company. Furthermore, a statement will there be found of those families in whose possession we should expect to find Virginia records, because of their connection with the men prominent in the company or in the commissions which supplanted the company. A very helpful article, entitled "The Stuart Papers," is published by Mrs. S. C. Lomas, in the Transactions of the Royal Historical Society, new series, XVI, 97–132.

4. The Records of the Company under the Sandys-Southampton Administration
Organization of the Company

In order to comprehend what the records of the company were and what their value, it is necessary to gain an understanding of the system which the corporation worked out in order to further its purposes. The forms and usages of the company after 1619 were determined by the charters granted by the King and by the "Orders and Constitutions" which it adopted in 1619 and printed in June, 1620, a

List of Records, No 183.

although the latter were altered or newly interpreted from time to time by action of its courts.

The membership of the company was unlimited and was granted by the courts to anyone who had "adventured" ¥12 10s. for a share of stock or to whom the com- pany had awarded a share of stock for services. b

MS. Records of the Virginia Company of London, Court Book, Vol. I, Nov. 15, 1619.

The distinction between a member who was free of the company and an owner of land in Virginia was brought out in a controversy on February 19, 1622/3, in which a proposition to limit the adventurers to those approved by the generality met with opposition on the ground that land in Virginia was held in free and common socage and could not be forbidden to any man. But Sir John Brooke, the legal authority in the company, declared that such exclusion was agreeable to the law since it was a question of a vote in a court and not a ques- tion of ownership of land. The argument was based on the power to withhold the privilege of voting from Samuel Wroth, who was under censure, and similarly on the power to exclude any man who had purchased land from a member who was indebted to the company until the debts were paid. This discussion also revealed that no oath of fidelity was required in the Virginia Company as in the Muscovy and other corporations. At a later date the King proposed that no member should be free of the courts who had not sent men to the colony as planters, claiming that less than thirty of the adventurers could meet the requirement. c

Ibid., II, Feb. 19, 1622/3; I, Nov. 3, 1619.

The power to dis- franchise an unworthy member was reserved to the company.

The members met in four great or quarter courts, held on the last Wednesday except one of each law term. On the Monday preceding they assembled in a prepar- ative court and on every Wednesday fortnight thereafter in a common or ordinary court, as required by the charter of 1612; and they might also be summoned to an extraordinary court by the treasurer or deputy. The meetings were held in the private houses of various members of the company a

MS. Records of the Virginia Company of London, Court Book, Vol. II, May 24, 1623.

until the time of the tobacco contract, when a company house was established.

In the quarter court the adventurers elected all councilors and principal officers of the company and colony, made all laws and ordinances, confirmed all grants of land, settled all questions of trade, and passed all measures which should bind the company for a term of years. Their action with regard to questions of a new charter and of investment for the colony was legal only when transacted in a quarter court, but they might transfer to other courts actions which concerned correspondence with the lord treasurer or similar business. Fifteen of the generality and five of the council formed a quorum for the ordinary courts, and in those they signed warrants, ordered the payment of bills passed by the auditors, and sealed bills of adventure. In that meeting also were perfected commissions for transportation of men and provisions and for trade and barter. Special officers and committees were appointed in this court, and even actions of great importance, such as the dissolution of the magazine or the extension of freedom of the company to hon- orary members, were consummated. b

Ibid., I, Dec. 15, 1619; Dec. 3, 1619; Jan. 12, 1619/20; Feb. 16, 1619/20; Feb. 22, 1619/20.

The officers chosen by the company were a council, a treasurer, a deputy, auditors, a general committee of sixteen, a secretary, a bookkeeper, a husband, and a beadle. The adventurers looked to the treasurer or governor not only as the president and moderator, but as the manager of their business interests, and expected him to be responsible for the policy of the company in its relations with the govern- ment and to formulate and present plans for the development of the plantation and the profit of the adventurers. To him was entrusted the supervision of the treasury and the collection of moneys.

The care of the court books was given to the deputy. It was his duty to attend to the engrossing of the orders and resolutions of the courts, the registration of letters to and from the company, and the formulation of statements to be given to the public. He also kept the court of the committees and supervised the issue of warrants.

The council was a body, gradually increasing in size, elected for life, and was sworn by the lord chancellor or by the lord chamberlain. In the earlier years it was the most important committee of the generality of the company, but after 1621 its duties seem oftentimes to have been assigned to the auditors or to special committees. According to the "Orders and Constitutions" its chief care was the preparation of laws for the company and for the colony, the issue of instructions to the governor and council of the colony, and the formation of a preliminary court for the trial of the officers of the company or of the colony. But the practice in the courts was to refer to it those difficult duties for which its titled and distinguished personnel made it especially fit. To it was referred, as a final resort, the examination of the claims of John Martin, the attempts to gain a statement of accounts from the old magazine, and the settlement or arbitration of both the Bargrave and the Argall cases. a

MS. Records of the Virginia Company of London, Court Book, Vol. I, Nov. 17, 1619; Nov. 3, 1619; June 28, 1620.

A body called the "committees" was at first composed of twelve members, six being chosen annually, but later the number was increased to sixteen, four being elected anew each year. b

Ibid., I, May 2, 1621.

Its duties were chiefly to attend to the buying and selling of the commodities of the company, and to the furnishing of ships departing for Virginia.

The auditors formed the other important standing committee, composed of seven members, elected annually. The chief duty assigned to them by the "Orders and Constitutions" was that of reducing to a book the receipts and expenditures. The court book discloses the fact that the company imposed upon them the burden of examining all claims against the company, as well as all claims of the company, of investigating the accounts of the lottery and of the magazine, of determining the awards of land or of shares for service or for adventure, of perfecting all patents and grants, and even of investigating controversies, such as the Bargrave and Martin cases and the dispute as to the seal and coat of arms. c

Ibid, I, June 24, 1619; Dec. 15, 1619; Feb. 2, 1619/20; Feb. 16, 1619/20; May 23, 1620. For a discussion of the seal of the company, see Cooke, "Clayborne the Rebel," in the Magazine of American History, New York, Vol. X (1883); and also Baxter, "Great Seal of the Council for New England" in Ibid., Vol. XI (1884).

The other officers performed such duties as usually pertain to those who hold the corresponding titles. d

A report of the committee appointed to describe the "particular duties" of the several officers is among the Manchester papers. It is incorporated in the published "Laws and Orders." List of Records, No. 105.

As the business of the company increased additional officers were chosen, as those for the control and execution of the lotteries and of the tobacco contract; while the custom of referring important matters to special committees grew rapidly, until in the later years many duties were transferred to them from the council, and even from the auditors. In this way such affairs as the securing of men to send to the colony, the provisioning of ships, the hearing of petitions, the investigating of claims, the sending of maids to the colony, the planning for new settlements and industries, the representing of the interests of the company in Parliament, the defending of the company in the suit of the quo warranto were intrusted to special committees. a

Court Book, July 13, December 15, 1619; March 2, 1619/20; June 26, July 7, 12, November 15, December 13, 1620; July 3, October 7, November 6, 1622.

METHODS OF PROCEDURE

In order to secure legality of action, the "Orders and Constitutions" were read at one quarter court each year, since in those meetings the measures of great importance were determined. b

Ibid., I, Jan. 31, 1619/20.

That the forms and usages followed in other com- mercial companies, in other corporate bodies, and in Parliament greatly influenced the decisions of the company is seen in the following illustrations: The question as to the entry in the minutes of the names of dissenters or of reasons disallowed by the court except by special order was thus settled according to the practice in Parliament; to prove that individual adventurers would not be liable for the debts of the company in the management of the tobacco magazine, decisions were cited both in a case involving the corporation of Norwich, and in the insolvency of the Muscovy Company; when the question arose as to salaries in the tobacco business involving ¥100,000, the precedent furnished by all joint stocks of no greater capital than ¥7,000 was brought forward; the custom of private corporations as well as of judicial bodies of imposing a fine upon any man who spoke against the judge or the court was urged by Lord Brooke as a proper action to be taken against Samuel Wroth. c

Ibid., II, Dec. 11, 1622; Jan. 14, 1623; Feb. 4, 1622/23; Dec. 11, 1622.

Elections were conducted by ballot, except for the council, in which case, as in all other matters, the will of the court was determined by an "erection of hands."

The reward for services rendered by the officers was determined by the court and set down in the Orders and Constitutions. The annual payment to the secre- tary was ¥20, to the beadle ¥40, to the husband ¥50, and to the bookkeeper ¥50. Although the chief officials and committees received no salary, at the expira- tion of the year's term of office it was customary to award 20 acres of land in Virginia to each individual, with the provision that such land should not be sold. The company similarly rewarded individuals who had rendered great service, but sometimes it granted shares of stock instead, or agreed to transport for the indi- vidual a certain number of men free of charge. Shares thus given could not be sold below par value of ¥12 10s. d

Ibid., I, June 28, 1620; November 15, 1620; May 2, 1621.

Each share carried with it the privilege of a vote in the courts and the receipt of 100 acres of land in Virginia on the first division, with a similar amount on the second division providing the first section had been peopled. In addition, the sending of a man to the plantation before midsummer of 1625 entitled the adventurer to 50 acres of land on each division. If a planter had adventured his person only, after three years' residence in the colony the company gave him one share of stock; or if a resident in England had sent a man to the colony who had remained there three years, the one who bore the charge was simi- larly rewarded. Through reward or by purchase an individual might thus own land and not possess stock, but he might secure the latter within three years by "plant- ing" or peopling his land. The result was that there were five classes of individuals connected with the company.

It will thus be seen that ownership of land and possession of freedom of the company were not always coexistent, but that each involved the possibility of the other. a

"Orders and Constitutions:" List of Records, No. 183. Court Book, I, May 2, 1621; June 28, 1620; Nov. 15, 1620.

No assessments were ever levied upon the shareholders, the first sugges- tion of such a course coming from the Privy Council in July, 1623. b

Ibid., II, July 9, 1623.

RECORDS PROVIDED FOR BY THE COMPANY

The company was thus a body of adventurers, who had gained the freedom of the company by payment of money, by rendering a service, or by settlement of land in Virginia. It was presided over by a treasurer chosen by itself at will, and conducted all of its business through its regularly elected officers or committees, or by special committees. According to the "Orders and Constitutions" it kept a complete record of its actions in the courts and compelled its officers and committees to do the same. Provision was thus made for six books which were to contain the following records:

All of these books were in the custody of the Secretary, and were to be kept in the company's chest, together with the originals of the letters patents and all other papers. In his custody also were the husband's books of accounts of every voyage to Virginia, all accounts approved by the auditors, the canceled and uncanceled charter parties, and all bonds issued to the company.

The proof of the care with which the company kept its records is found in the contemporary copy of the court book, and in a few scattering originals and copies of originals which are preserved among the Ferrar and Manchester papers and in the British Museum. That all of the books required by the orders and constitutions were really kept can not be proved, since not a page nor a copy of a page of many of them is known to be extant; but the copy of the court book serves as an evidence that the laws were as carefully obeyed in this respect as in others. The references in the minutes to many of these records, the inser- tion of many of them in the copy of the court book, and the continual provision for supplementary records all go to show that the "Orders and Constitutions" furnish a reliable outline of the records kept by the company.

The books which the courts added to the list of records from time to time reveal an increasing effort to conduct the business in an orderly manner. Imme- diately upon assuming his duties as treasurer, Sir Edwin Sandys instituted an investigation of the accounts of Sir Thomas Smythe. In this connection four books and four rolls were prepared containing the subscriptions, which had been made for carrying on the business, and a list of the adventurers with the sums invested during the previous years. The treasurer made a similar request of the deputy, John Ferrar, on September 18, 1620, in which he asked that the secretary and Mr. Carter should make three catalogues of the adventurers indebted to the company in order that they might be given to a solicitor for collection. He throws light upon the customary carelessness by urging that the lists should be made "from the company's books and not from memory," lest many a ¥12 10s should be lost. a

List of Records, No. 211.

On May 17, 1620, three books of the deputy were audited. The first contained an account of the money disbursed for provisions, b

Two warrants are preserved among the Ferrar papers, one addressed to the Earl of Southamp- ton and one to Deputy John Ferrar. List of Records, p. 149, Nos. 258, 259.

the second, a catalogue of the provisions sent to the colony, and the third, a list of the names of the persons dispatched to the plantation with the trade of each. Because of the erection of private plantations in later years it was necessary that these records should be supplemented. Hence an order of court provided that the names of all persons transported to Virginia should be reported to the company and that a bookkeeper should be appointed to be at the house of the court to register the names before the departure of every ship. This record was to consist of the name, age, country, profession, and kindred of each individual and was to state at whose charge the transportation was effected. Contrary to custom each person was required to pay a fee for registration. A duplicate of the register was to be sent to the Governor of Virginia, but the names of those departing were not to be made public until after the ship had sailed. c

Court Book, II, Nov. 18, 1622.

Provision was made in 1620 for keeping duplicates of all patents issued. A part of this series is now deposited in the British Museum, from which the various kinds of patents and the terms for each may be discovered. d

Ante, p. 67. "Order of Court," I, June 26, 1620.

A registra- tion of all shares passed from one member of the company to another was ordered on November 19, 1621, and such a book was to be used as evidence of the right to be admitted to courts. Other records added from time to time were a book containing the rates of commodities, e

Court Book, I, Dec. 13, 1620; Jan. 31, 1620/21.

a register of all petitions to the court, with the action thereupon, a

Court Book, II, Oct. 23, 1622.

and a record of all covenants between adventurers and indentured servants, a copy of which was to be sent to the governor of Virginia. b

Ibid., II, Nov. 18, 1622; Nov. 20, 1622.

The rolls signed by adventurers must have been numerous. Nine are mentioned in the court book on July 24, 1621, in addition to others cited at various times. c

Ibid., I, May 8, 1622; II, July 4, 1623.

With the increase in trade and the establishment of the company magazines new measures were adopted for controlling the business. These often consisted of separate documents rather than books. A statement was thus required of the deputy certifying that the freight had been paid before any goods should be delivered, and invoices were also demanded of the cape merchant. d

Ibid., I, Apr. 3, 1620.

Copies of such certificates, as also of the accounts of the treasurer of the various joint stock investments for the glass works and for the fur trade, were kept in the company's chest. e

Ibid., I, Jan. 16, 1621–22; Feb. 27, 1621–22.

THE EXTANT RECORDS—THE COURT BOOK
HISTORY OF THE CONTEMPORARY COPY

The paucity of the actual extant documents of the company has made the circumstances of the transcription of the court book the more interesting and its authenticity the more important.

As the growing controversy between the two factions of the company resulted in serious accusations of mismanagement by sundry adventurers and planters, the Crown soon appointed a commission to investigate the affairs of the company, with a consequent sequestering of all of the company's court books in May, 1623. f

Court Book, II, May 14, 1623.

The clear mind of Nicholas Ferrar immediately foresaw the danger of a seizure of the documents of the company, and appreciating full well the value of the "court books, registers and writings, instructions, letters, etc.," as political papers and also as evidences of the possession of land and investment of capital, upon their return by the Privy Council, he "did fairly copy out all the court books, etc. (which cost 50li) and carried them to the noble Earle of Southampton." g

"Some directions for the collecting materiall for the writing the life of Nich: Ferrar," a manu- script in the Cambridge University Library, Mm. 1.46 (Baker 35), pp. 389–432, especially p. 392.

During the following year the activities of Nicholas Ferrar, as well as the attention of other members of the company, must have been under great strain. The time not taken in attendance "twice or thrice a week" a

Peckard, Memoirs of the Life of Mr. Nicholas Ferrar, pp. 89–167.

upon the Privy Council, and in the attempts to defend the company against the charges of "abuse of its privileges," was evidently devoted to supervising the transcript of the com- pany's records. The attestation at the end of each volume shows that the first was completed January 28, 1623/4, and the second June 19, 1624. b

According to the attestation two full courts were omitted, May 30, 1620, and June 1, 1622, and also a part of May 20, 1620. The Robinson abstracts comprise a little more than about one-half of the original records and are much more complete for the later years when the controversy with the King over the tobacco contract and the abuses of the company was being carried on. The part of the court book which reveals most with regard to internal organization, commercial activity, and inner life of the company is not included in these abstracts. Thus such data as that which concerns the trouble with Spain over the Treasurer, the suit with William Wye, the accusations against Samuel Argall, the old magazine, the Pierce patent, and many other private grants are not included. More- over, a comparison of the publication with the original manuscript shows that the John Randolph of Roanoke copy was used almost exclusively, and many inaccuracies have resulted.

This was none too soon, for just a week later the Privy Council ordered Deputy Ferrar to bring to the council chamber all patents, books of accounts, invoices of the company, and lists of settlers in the colony, to be retained by the Privy Council chest until further notice. c

Order of the Privy Council, June 26, 1624: List of Records, No. 689.

A commission had been appointed two days before to take into their hands all "charters, letters patent, grantes and instructions, bookes, orders, letters, advices and other writings concerning the company." d

The commission was sealed July 15, 1624: Ibid., No. 701.

The com- pany urged in these words that the council should permit the books to remain invio- late: "So by this meanes [that is, by the transcripts] have the Original Court bookes yet escaped purging: And wth all duety wee humbly beseech yor Lops that they may hereafter be protected from it: And that howsover yor Lops shall please for the future to dispose of the Companie, that the records of their past Actions may not be corrupted & falsified." Further, when the council demanded that the Earl of Southampton should surrender to the commissioners his copies of the records, before he sailed for the Netherlands in August, he sent them word, "that he would as soon part wth the evidences of his Land, as wth the said copies, being the evidence of his honour in that Service." e

For these quotations see Discourse of the Old Company of Virginia addressed to the Lords of the Privy Council, April, 1625. List of Records, No. 759.

How these transcripts were made, and especially what became of them at that time, and where they remained for the following half century can be a matter of conjecture only, based on the divers statements of contemporary authorities. These are three in number:

The Discourse of the Old Company gives much the same history of the records as does Dr. Peckard. The facts set forth by the latter were taken from the "Memoirs of Nicholas Ferrar" by his brother John, about 1654, and therefore this work may be considered as based on contemporary authority. According to Dr. Peckard, Nicholas Ferrar, knowing that malice was at work, procured a clerk to copy out all the court books and other writings and caused them to be carefully collated with the original. It cost him the sum of ¥50, which he thought was the best service he could render the company. After the seizure of all the muniments of the company, and after Lord Treasurer Middlesex had procured sentence against the company, Mr. Ferrar informed Sir Edward Sandys and others of what he had done. These men were greatly rejoiced and advised that the copies be taken to the Earl of Southampton, who was so overcome that he is said to have embraced Mr. Ferrar and to have declared that he valued them as an evidence of his honor more than as evidences of his land. John Ferrar is quoted as having stated that the Earl of Southampton was advised not to keep these records in his house and so delivered them to Sir Robert Killigrew, who left them on his death to Sir Edward Sackville, the Earl of Dorset. Mr. Ferrar continues that the Earl of Dor- set died in 1652, but he hopes the records are still in the possession of the Earl's family. b

Peckard, pp. 155–156.

Certain it is that Dr. Peckard had a large collection of manuscripts which concerned the Virginia Company, some of which must be considered a part of the records of the company, for such were the Ferrar papers described above which Dr. Peckard bequeathed to Magdalene College, Cambridge. That some of them, at least, came from the Earl of Dorset's family is to be concluded from the statement of Dr. Peckard that the "Duke had had his library searched and found a few loose papers, which he sent to him." c

See discussion of the Ferrar papers, pp. 59 ff., ante.

Some of them doubtless belonged to Dr. Peckard's wife, Martha Ferrar. But the story of the purchase of the two volumes from the estate of the Duke of Southampton by Colonel William Byrd in 1673 or 1688 for 60 guineas has firm credence through statements of Mr. Byrd himself; and there is no evidence that they came from the Earl of Dorset's family. That they were sent to Tichfield by the Earl of Southampton before he sailed for the Netherlands and there remained until his son's library was sold after his death in 1667 seems probable. Perhaps some of the other records went to Sir Robert Killigrew, as stated by John Ferrar, and even some from which these copies were made.

The statement by Woodnoth, who was a nephew of Nicholas Ferrar, that Sir John Danvers had the transcripts of the records made in order to keep out of the way an indigent man who had been employed by the company as a copyist and who might be persuaded to say something ill of Sandys and of Southampton, does not bear the stamp of truth or even of probability. There may have been a copy made by Danvers, but the internal evidence reveals that the existing volumes in the Library of Congress were not transcribed by any one man, and that the work was accomplished under the personal direction of Nicholas Ferrar. a

A Short Collection of the Most Remarkable Passages from the originall to the dissolution of the Virginia Company, pp. 17–18. The description here given of Southampton's attitude on receiving the books is similar to that given by Dr. Peckard.

DESCRIPTION OF THE CONTEMPORARY COPY

The contemporary copies of the court books, which are now in the Library of Congress and which may well be called the Ferrar copies, consist of two volumes of large quarto size well bound in rough calf. About 1898 the books were boxed, that is, repaired with new backs without disturbing the sewing. The old labels were pasted on the new backs and bear the title in gold letters on red leather: Record / of the Virgin: / Compan:/, while gold letters on black leather indicate the volume: Vol. / I. / and Vol. / II. / . In the first volume manila strips are pasted from the inner cover to the first and to the last fly leaf in order to strengthen the binding. The paper is of the seventeenth century type, hand-made and uneven in texture. In the first volume there are three hundred and fifty-four pages, with five fly leaves in the front and seven in the back, while the second contains three hundred and eighty-seven pages preceded by three fly leaves and followed by four, with two extra manila pages in both the front and back. The pencil entries on the first leaf of the first volume are as follows: "Records of the / Virginia Company / of London./ Vol I. April 28, 1619 to May 8, 1622. / Vol 2. May 20, 1622 to June 7, 1627./ The above title in hand of / Mr. A. R. Spofford / Sig.: H. F[rieden wald] b

Mr. Spofford was the Librarian of Congress from 1864 to 1897. Mr. Friedenwald was in charge of the Division of Manuscripts from 1897 to 1900.

Oct. 11 / 97./". On the inside of the front cover of the second volume in an unknown modern autograph is: "p. 366 cf with p. 71 v 3," a

The letter on page 366 is identical with that on page 71 of the fragile seventeenth century papers referred to above as Vol. III, pt. ii, of the Records of the Virginia Company.

and on the first manila leaf: "May 20, 1622 / to / June 7, 1624."

The discovery of the Ferrar papers has made it possible to make a final state- ment both as to the method of the transcription of the documents and as to its accuracy, for the autographs there found of Nicholas Ferrar and also of his clerk or business agent in his private accounts prove indisputably that these two men supervised and carried on the copying of the volumes. b

For examples of the autograph of Nicholas Ferrar and of that of his assistant, Thomas Collett(?), see the plates in this volume.

Particularly in the second volume, where there are many entries of reports of committees, projects, objections, letters, petitions, declarations, and relations by the company or by individuals, the headings, the initial words, even the first line of each document, and sometimes entire documents are in the autograph of Nicholas Ferrar. The rest of the insertion is usually by his assistant, who was perhaps Thomas Collett, his nephew. All of the insertions in the first volume and about twenty in the second are entirely in the so-called Collett autograph, numbering about the same as those superintended by the deputy himself. The way in which these insertions are often crowded in, is evidence that they were copied from the original documents in spaces left for the purpose by the hired copyist. c

For the documents thus inserted in the Court Book see List of Records under "References." For an illustration of the insertion of the documents see the plates in this volume.

As to the identity of the other three or four distinct autographs, in which the remaining part of the volumes appear, nothing has been determined. The first and third copyists are distinctly different in style, while what appears as the writing of a fourth and a sixth clerk may possibly be identical with that of the first. With the exception of the autograph of Nicholas Ferrar, the whole is clearly, carefully, and legibly written in the characteristic running hand of the period, resembling the chancery hand. The spelling, capitalization, and abbrevia- tions are distinctive and characteristic of each copyist. The use of curved lines to complete blank spaces at the end of the line, and often at the bottom and top of the page, shows the labor expended to make the transcript accurate and complete. The memoranda at the end of the volumes declare that the transcript had been carefully collated with the original "courte booke" and with the authentic docu- ments by the secretaries, Edward Waterhouse and Edward Collingwood, in the first volume, and by Thomas Collett and Edward Collingwood in the second. That the insertions were copied from the original documents is shown by the statement in the memorandum of volume II that in two instances the letters had been missing for purpose of collation. Many pages reveal the corrections of errors or omissions of the copyist. In most instances this was done by Edward Collingwood himself, though sometimes by Thomas Collett. a

For the evidence that the corrections are by Edward Collingwood, compare the autographs as shown in the plates of Vol. II, post.

At the bottom of each page is the signature "Conc Collingwood," the abbreviation standing for concordat, as is shown by the word appearing as "Concord:" on page three hundred and fifteen of the first volume. b

Signatures of Edward Collingwood may also be found in the Public Record Office among the State Papers Colonial, II, Nos. 10–11, 13, 19 (II, III). His signature is reproduced from the first Plymouth Patent, June 1, 1621, in the Massachusetts Historical Collections, Series 4, Vol. II, p. 163.

In addition to this internal evidence of accuracy, further proof of the care with which the books were transcribed is found among the Ferrar papers. The records of four courts were there discovered, which are almost identical with those of the same date in the Library of Congress volumes. c

Compare the plates in Vol. II, post. These courts are dated March 7, 1622/3, July 4, 1623, July 9, 1623, January 25, 1623/4.

The only differences, and these are not numerous, are those which would naturally result from the fallibility of the copyist, and the apparent custom of the time to ignore the orthography of the original. One is led to believe that these loose pages of courts form a part of the book from which the copy was made. This is shown by the use of larger letters to emphasize certain words, and by Edward Collingwood's corrections of the Library of Congress copy to make it conform to these drafts. Even the omission of one or two lines in the Ferrar copy, later corrected, can be accounted for by reference to these sheets, since in each case it has resulted from the same word occurring in the same place on two successive lines. Furthermore, the directions in the margin of these courts as to where certain documents were to be entered were followed in the transcript and seem to point to these as a part of the original minutes. The autograph of the court held on June 25 is identical with that of the first copyist of the transcript, while the courts of July 4 and July 9 were apparently written by the sixth copyist of the transcript. Among the Ferrar papers are two drafts of a resolution concerning the "Lo Tr̃er speach touching Mr Alderm. Johnson," which was entered in the court book. One is a rough draft written, altered, and corrected by Edward Collingwood, and bearing the above indorsement by the writer and a similar indorsement by John Ferrar. The other draft is in the autograph of the sixth copyist of the court book, following the above, and is attested by Edward Collingwood. The transcript in the court book is identical with the latter, but the vote is omitted; the substance, however, is given after the discussion follow- ing the presentation of the resolution. Thus they seem rather to have been drafts of a resolution which had been presented than of one prepared to be offered. Comparison between these records of courts and a draft of a Somers Islands court, in the same collection, leads to the conclusion that they do not form a part of the blotter or blurred book from which the original book was made, since the latter are much corrected and altered and then canceled diagonally from corner to corner; a

Post, Plates in Vol. II.

but are rather a part of the original book itself. The reliability of the Library of Congress transcripts is also confirmed by collating them with the original documents, or with other copies of the documents, which are inserted in the court book, and these careful comparisons have shown how accurately Edward Collingwood and his assistants conducted the work for Nicholas Ferrar. b

For any variations of importance, see footnotes to documents in the "Court Book," post, I, II.

THE SYSTEM OF KEEPING THE COURT BOOK

The system by which the minutes of the courts were kept is thus outlined in the minutes; the court book was first drawn up by the secretary, was approved by the deputy, and later accepted or corrected by the court. c

Court Book, I, Dec. 11, 1622.

That there must have existed a "Blurr booke" in addition to the various reports or other documents offered in any court is proved by an extract from a memorandum by Sir Nathaniel Rich, which is a warrant requiring all records of the court to be brought to the commissioners on Virginia, and includes the "Court Bookes wch should warrant the s̃d Records, and the Blurr bookes wch should warrant the Court Booke and is the first ground of the Records; that it may [be] discouered whether there be any difference betweene them." d

List of Records, No. 465.

The entries in the court book are the minutes of all the various courts, of several meetings of the Somers Islands Company, and of one meeting of the committees.

Introducing each court is a list of the adventurers in attendance. A comparison of the number with the number of votes cast as recorded shows that these are quite complete for the quarter courts, but in the ordinary courts either the attendance was very small or the entry was incomplete, since the list is often terminated with the expression "and divers others." It was sometimes entered later than the transcript of the body of the text, as though from a book of attendance, but no mention of a roll book is found among the records. This part of the book alone furnishes a valuable comment upon the social classes interested in the undertaking and from it may be gained a knowledge of the faithfulness of the members and especially of the factions which developed toward the close of its history.

The order of business does not seem to have been regular. The approval of the previous court is usually recorded first, although many times this is deferred until the quarter court; then follows the report of the treasurer, through which the important matters to be determined are presented to the court, and the hearing of petitions, passing of shares, and grants of land appear at the end of the session.

In the ordinary courts were propounded all of those matters which did not require action in the general court and often many measures for preliminary dis- cussion which were postponed for final action to the fuller court. Thus the records of the common courts and also of the preparative courts usually contain the full reports and discussions of the various subjects, while the statements in the quarter courts are brief and perfunctory, embodying the decisions reached in the lesser courts. The reports of officers, from which so much concerning the financial status is to be learned, are entered in the minutes of the general court. To trace the course of any question necessitates a search through all of the courts, but in the quarter courts will be found the elections and the final action on all laws and ordinances, on the patents for private plantations or monopolies, or, in short, on all measures by which the company would be bound for a term of years.

CONTENTS OF THE COURT BOOK

The business recorded during the first two years of the Sandys administration concerned the establishment of laws and orders in the company and in the colony, the systematizing of methods, the formation of joint stock companies for the erection of new industries in Virginia, and the opening up of new adventures. But after the massacre early in the year 1622, the whole tone of the book changes. Personal feuds and quarrels, complaints, and accusations fill the pages. Whether the friction was due to the extreme distress brought about by the attack of the Indians or whether it was but the excuse for open opposition by the party of the Crown, which had been rapidly developing, is difficult to determine. From the spring of 1622 until February, 1622/3, the burden of the record concerns the tobacco contract with the Crown. It resulted in the discussion of salaries for the officers and the quarrel with Samuel Wroth, which occupied the attention of the company for three months. Then followed the Butler and Johnson accusations, the investigation by the Crown, and the dissolution of the company. It is literally true that, after June, 1622, no new measures for trade, for industry, or for commerce are entered in the court book. There was the usual transferring of shares and hearing of petitions and claims, but the business activity was evidently destroyed. That the colony could survive the massacre and continue its development with so little encouragement from the pro- prietor is evidence of the strong foundation laid during the governorship of Sir George Yeardley.

From the court book it would be possible to reconstruct a part or the whole of some of the other records. A list of all of the ships departing or arriving with the names of the masters could thus be drawn up, but the terms of the charter party could not be determined. a

The terms in general are given in the Presidents for Patents in the British Museum. List of Records, Nos. 256, 257, 266, 267, 268, 276, 277, and 278.

A full statement of the shares of stock granted or transferred, of the land assigned for adventure or for service, and of the private plantations erected could be given. Even a partial financial account could be rendered, though not an itemized statement. The larger sums invested or received from the various sources are usually given in the treasurer's plans and the officers' reports, although unfortunately only those of the treasurer and deputy are entered in full. But from scattered statements in plans, reports, and discussions, from grants, patents, suits, letters, petitions, and claims will come much that will illuminate the financial situation when these are gathered together.

The full record of all documents for which record was not provided elsewhere was made in the court book. Plans, reports of committees, and reports of chief officers seem to have been entered in full, but letters to and from the colony, and to and from the privy council, petitions with the action thereupon, charter parties, grants for monopolies, lists of departing planters, expenditures and receipts of the magazines, and rolls of adventure, were all recorded in the other books provided by the "Orders and Constitutions" or in the books created later. A single illustration will suffice. Of the twenty-seven letters sent to the colony and received from the colony, copies of many of which have been found among the papers in Virginia, but fifteen are mentioned in the court book, and only a few are spread in full upon the minutes. A great many more documents are entered in the court book during the later years, due evidently to the desire to keep a record of the controversy which might serve as a defense against the accusations of the malcontents. That many of these were not entered in the original court book is revealed by the marginal notes in the extant court minutes of the Ferrar papers, which read as follows: "Enter the quietus est," "Enter the resolution," and other similar directions.

The court book is not only a source of information, but it also serves as a guide to the other records of the company. That all of the twenty-one documents men- tioned but not entered in the court book have been found in other collections is most important and interesting. These include some of the publications of the company, most of the correspondence of the company with the King and with the colony, many of the orders of the Privy Council, the Admiralty suits of the com- pany, the laws passed in the colony, the charter granted to the colony, and the forms for patents used by the company. There are thirteen documents entered in the court book which are on record elsewhere, consisting of declarations or reports which were published by the company, petitions and letters to the King, and orders of the King's council. But thirty most valuable documents are spread upon the minutes which have not yet been discovered among other papers. These include a few peti- tions to the King, many petitions received by the company, a number of letters from and to the colony, the propositions brought forward in the attempt to form a tobacco contract with the King, the plans propounded by the treasurer for the advancement of the enterprise, and the declarations of the state of the affairs of the company and of the colony by the same officer. a

All of these documents, whether entered in the court book or not, are cited in the List of Records, and are also referred to by foot notes in this edition of the court book.

THE EXTANT SUPPLEMENTARY RECORDS
DOCUMENTS OUTLINING THE ACTIVITY OF THE COMPANY

The organization and the method of procedure of the company have been outlined, in order to enable the reader to comprehend the nature of the records, and through them the machinery by which it conducted its internal affairs; but there is a wider and more important field to consider. The real interest in the company comes from its activity in carrying on trade and in developing the resources and government of the colony. Again, the starting point must be the court book, not only as a guide to the records which it kept in executing its purposes, but in discovering what activities are to be traced. Two kinds of documents afford the clearest outline of the subject; in one are the reports which the treasurer offered to the company and which are spread upon the minutes; in the other are the printed declarations and broadsides which the company issued for the purpose of securing interest, confidence, and investment in the undertaking. With the same motive it reprinted treatises and published sermons which had been delivered before the company.

The first report of Sir Edwin Sandys after he became treasurer was offered on November 3, 1619, in which he thus defined his policy: The resources of the company were to be augmented by settling and developing the company's land and by increasing the number of industries to be established, an action which must advance the plantation from a colony for exploitation into a colony for settlement. The report begins with a statement of the number of men which had been transported by the company for the college land and for the public land during the summer and continues with propositions to the same effect, by which 300 additional persons should be sent to the colony, 100 of whom were to be maids for wives and 100 to be apprentices or servants from the city. The other measures discussed are indicative of the development which rapidly took place. First of these was the effort to establish other commodities in Virginia and restrain the excessive production of tobacco; the second was the encouragement of a spirit of local patriotism in the colony. The treasurer urges that men should be sent from the low countries to raise fortifications for the colony, stating that the colonists were willing to bear the charges of the work since they had recently been encouraged by the charters and grants of liberties. The dependence of the company upon the lotteries for an income and the care to arrange for an economical transportation of the men are indications of the financial policy and status of the colony. The income of the lottery is estimated at ¥3,500, and the total expense of perfecting the plan submitted is placed at ¥4,000 or ¥5,000.

Six months later the treasurer made his annual report, which revealed to what extent his plans had been executed. It was issued as a broadside under the date of the court in which it was delivered and describes the state of the colony from April, 1618, to April, 1619, taken from a general letter to the company, and then proceeds to outline the successful activity of the colony during the succeeding year. It empha- sizes the erection of private plantations, the number of men sent to the company's land, the commodities provided for—there being ten instead of two as in the former year—the interest in the care of religion and education in the colony, and the stable financial condition of the company. The general receipts amounted to ¥9,831 14s 11d and the disbursements were ¥10,431 14s 07d, but the surplus in the college fund more than exceeded this deficiency, the receipts from that source being ¥2,043 02s 11½d and the expenditures ¥1,477 15s 5d. The lottery was reported to have an increase in stock over the previous year of ¥1,200. Although not re-elected treasurer, the financial management remained in the hands of Sir Edwin Sandys, as is proved by the entries of his plans in the court book and by his private letters to John Ferrar. A scheme outlined in the court of July 7, 1620, is practically the measure put forth in the printed declaration of June 22, 1620, and proposes a continuation of the policy stated above.

The printed documents of 1619 and 1620 add but little to the plans revealed in the treasurer's reports concerning the activity of the company, although the measures taken to advance the comfort of the planters and of the tenants upon arrival in Virginia, the establishment of many private plantations, and the encouragement given to the self-government of the colony are brought out more clearly. After the note of the shipping in 1621, so far as is known, there were no propositions issued by the company. This was due to the massacre which paralyzed the efforts of the company for a time and forced upon it publications of defense and excuse or directions of warning. While the company was torn by dissension, after 1622 the colony slowly but steadily advanced. The proprietor was no longer active, and the center of interest is therefore transferred from the courts in London in which the plans had been conceived to the settlement in which they were maturing.

The various publications of the company afford not only an understanding of the measures proposed, but also of their execution. They were in themselves a means of carrying out its schemes. Before 1622 five of these advertisements were issued by the company. The broadside bearing the date May 17, 1620, is a full statement of the prosperous condition in the colony, setting forth the ability of the colony to receive newcomers in its guest houses, newly built in each of the four ancient boroughs and in the other plantations, and describing the measures provided to sus- tain ministers in each borough. It states the number of men who had been sent to the public land, with the provisions allowed, and describes fully the efforts which had been made to establish six industries in the colony. a

List of Records, No. 174.

A book of great importance was issued by the company in June of the same year containing a series of declarations. b

Ibid., No. 183.

There were at least two editions in the year 1620, having variations in the title page; in the first edition the pages are numbered according to each pamphlet and the imprint is "T. S.," while in the second the pagination is consecutive from 1 to 92 and the imprint is that of Thomas Snodham. The latter varies also in the orthography of the word "colony" in the title. The former was probably the first edition and was composed of pamphlets, each of which may have been issued separately, and seems to have been reissued, with an additional pamphlet concerning a division of land in Virginia, c

The pamphlet must have been printed in 1616. An imperfect copy is in the British Museum.

in which the signature is consecutive. Copies of the first issue of the first edition of the "Decla- rations" are in the Harvard Library and in the New York Public Library ("No. 1"), but the only copy of the second issue is in the John Carter Brown Library (copy "A"). The copies in the British Museum, the Cambridge University Library, d

This copy is evidently imperfect, since it lacks pages 91 and 92.

the Library of Congress, the John Carter Brown Library (copy "B"), and the New York Public Library (Thomas Addison Emmet Collection, "No. 2") are identical and are evidently the first issue of the second edition. The copies in the New York Public Library and in a private collection in New York are probably a second issue of the second edition, having four additional pages and containing a declaration, "By his Maiesties Councell for Virginia," dated November 15, 1620. a

This is copy No. 3 in the New York Public Library. The copy in the private library is evidently the Smyth of Nibley volume, secured from the Cholmondely papers through Bernard Quaritch.

The pagination and the signature are consecutive but the style of type is changed.

The pamphlets included in all editions are as follows:

Some light is thrown upon these publications by the court book, in which provision for four similar pamphlets was made between November, 1619, and June, 1620, as follows:

The conclusion seems valid that these pamphlets are the ones included in the book and that they first appeared at various times, but that finally in June, 1620, they were collected, the fourth one added, and the volume published under the date of the latter.

The publication of this declaration in four different issues during the year 1620 indicates the interest which Sir Edwin Sandys had aroused in the measure, as well as the virility of the company, while reference to the book in much of the corre- spondence of the day reveals the same attitude toward the venture. In order to promote the silk industry a pamphlet entitled "Observations to be followed for making of fit roomes for silk wormes," written by Banoeil, was translated under the patronage of the company toward the end of the year 1620. a

This translation was ordered in an ordinary court on November 15, 1620, and was reported ready for the press on December 13. In the same courts there is a discussion of the prices of commodities produced in Virginia. List of Records, p. 138, Nos. 150, 151.

It contains a pamphlet called "A Valuation of the Commodities growing and to be had in Virginia: rated as they are worth," in which is presented the astonishing list of 49 articles. The natural commodities which did not require especial cultivation, such as various kinds of fish, furs, woods, shrubs and berries, were of course included. But this proof of rapid development in the industrial habits and occupations of the colonists is most important, and the note of the shipping of the same year and the one in 1621 are confirmatory. In the former is the statement of the number of men sent for each of four industries, and in the latter a similar declaration. The rapid transportation of settlers and the development of private plantations in these two years is as sur- prising. Thus in 1620 six ships with 600 persons were sent to the colony, and 400 more settlers were to be sent at once, of whom 500 were destined for the com- pany's land. The next year the number of ships dispatched increased to twenty-one and the number of persons to 1,300, while the number of patents for private plantations grew from six to twenty-six.

During the year 1622 the books printed by the company were much less valuable, although more numerous, there being seven in all. The Declaration of the state of the Colony of Virginia with the Relation of the Massacre of the English, by the Natiue Infidells with the names of those that were Massacred, by Edward Waterhouse, was more concerned with the disaster than with the previous development of the plantation. b

List of Records, p. 152, No. 293.

A broadside is inserted in the copy of this declaration in the John Carter Brown Library, entitled "Virginia Inconveniences," c

Ibid., No. 292.

which was published separately and was a set of directions with regard to the provisions which each person should have before sailing for the colony. This included apparel, victuals, household implements, arms, sugar, spice, and fruit for consumption at sea, and nets, hooks, lines, and a tent for large numbers. The declaration was made that for its own tenants the Virginia Company followed the proportionate provision as set forth in this broadside. It is at once an advertisement for new tenants and a warning against the dangers which had wrought dissatisfaction and brought complaints to the com- pany. Two sermons and two treatises were published in the same year; one of the latter was a reprint of Banoeil's book on silk worms, including a letter of encourage- ment from the King and one of advice from the treasurer, which were intended to promote the industry of silk as opposed to that of tobacco; a

The first suggestion of a reprint of this book came in a court of October 31, 1621, but it was not until September 5 of the year following that the book was ordered to be printed, including the two letters. List of Records, No. 347. The sermons were Virginia's God be Thanked, by Patrick Copland, 1622, and one by John Donne. See List of Records, Nos. 312, 375.

the other treatise was by John Brinsley and was an encouragement for the advancement of learning and the foundation of schools. b

An order of court, December 19, 1621, provided for an expression of gratitude to John Brinsley and an appointment of a committee to peruse and report upon his work. On January 16 the com- mittee was granted additional time, and Patrick Copland was asked to review the book and report to the company. List of Records, No. 291.

Of the same character was a four-page pamphlet, which was published in the same year, declaring the sums which had been coll͠ected "towards the building of a free schoole in Virginia." c

List of Records, No. 289.

A number of general works were approved by the company in the courts or were accepted and rewarded. Thus the proposition by Smith to write a history of Vir- ginia on April 12, 1621, seems to have been acceptable to the adventurers, while George Rugh, who had rendered service to the Virginia council by writing a treatise on government, was publicly eulogized upon his bequeathing ¥100 to the company for the education of infidels' children. d

Court Book, II, November 20, 1622.

Edward Bennett was admitted to the com- pany as a reward for a treatise against the importation of tobacco from Spain, and the chronicler, Howes, was granted 12 pounds of tobacco as a yearly payment for his references to Virginia. e

Ibid., I, April 12, 1621.

A number of works were suggested in the courts of which we have no trace or which can not be identified as appearing under other titles. To what the company referred when it petitioned the Archbishop of Canterbury for permission to publish the book which he had prohibited is unknown. f

Ibid., I, July 18, 1620.

The printed book proposed by Sir Edwin Sandys on November 4, 1620, in which he wished to defend the lotteries and to hasten the dispatch of persons to Virginia, may have been the declaration of the shipping in 1620, but it is not mentioned again in the court book. In 1621 three other proposed publications failed to be executed, so far as is known, the first of which was a treatise on the government of Virginia by Thomas Bargrave. g

Ibid., I, February 22, 1620/21.

The second was a defense of the company, and concerned the health, trade, and manners of the colony, and the third considered the defects and remedies of Virginia and discussed the food, health, fortifications, wealth, and religion of the colony. a

Court Book, I, April 12, June 11, 13, 1621.

In the following year an attempt was made to collect the "binding laws which had been ratified in courts" and to add them to the printed books, but it seems to have failed, since no trace of such a publication has been found, and no final action is recorded in the court book. b

Ibid., I, November 19, 21, 1621; March 13, 1621/22.

DOCUMENTS REVEALING THE MOVEMENTS FOR TRADE AND INDUSTRY

The printed advertisements between 1619 and 1621 were successful in securing the capital with which to carry on the enterprise. It now remains to discover how the trade was conducted and controlled, how the plantation was developed and governed, and how the business was finally destroyed.

The income which enabled the company to provide for new industries in 1619 and 1620 was derived from the ¥12 10s. paid by each new adventurer for each new share of stock, and from the lotteries. Special collections and particular gifts for the advancement of religion and of education in the colony were frequent, and thus the account and management of the college land became important. Before the intro- duction of freedom of trade into the colony, and the dissolution of the old magazine on January 12, 1619/20, the company had some profit from that monopoly, c

Ibid., I, July 7, 1619.

but the ease with which returns came from the lotteries had doubtless led the company to abolish the monopoly of trade which had become so difficult to maintain. That the company depended on the lotteries is indicated by the following statements in the court book: On December 1, 1619, the lotteries were continued until summer because there was no other means of securing money, and the plan put forth for the devel- opment of the colony on July 7, 1620, provided that the estimated expense of ¥17,800 should be met by the income from the lotteries, which would amount to ¥18,000. Information concerning the organization for conducting the lottery is wanting. Books and rolls and catalogues of prizes are referred to but have not been found. d

Ibid., I, June 24, 1619; January 12, 1619/20.

Thus the only documents which throw light on the system outside of the court book are the records of the suit of the Virginia Company against William Leveson, an agent for the lottery in 1613, which discloses that books and rolls had been kept, and that a house for the lottery had been erected and furnished "at the west end of St. Paules Church;" a proclamation by the King for the overthrow of the lottery on March 8, 1620/21; and a few letters solicting investments. e

List of Records, Nos. 28, 29, 71, 78.

The investments by the company during the period of the lotteries followed three lines—the old magazine, the planting of the public and the college lands in Virginia, and the erection of industries for the production of certain commodities. The court book is the only source of information with regard to the old magazine, in which the company through its general stock of the company had invested more than twice as much as any other adventurer. Hence, during the last half of the year 1619, it made every effort to gain an account and secure a settlement of that adventure. The discussion, which resulted in the adoption of free trade to the colony, reveals the system used for the control of the magazine, indicates to a slight degree the income which the company had had from that joint stock, and incidentally shows that it had some returns from the public lands in Virginia. a

Court Book, I, June 24, 28, July 7, 13, November 3, December 15, 1619.

The numbers of men sent to the company's land and their equipment are given in the printed declarations, in the reports of the treasurer spread on the minutes, and in the discussions recorded in the court book, and although the sums invested for the purpose are not recorded, the statement was made by Sir Edwin Sandys that 800 men were sent through the income from the lottery. The transportation of dissolute persons in the year 1619 to meet the command of the King, and the settlement of boys and girls on the company's land previous to 1622, were other means used to people the public and college lands. b

Ibid., December 23, 1619; January 12, February 2, 1619/20; July 3, 1622.

Five commodities enumerated in the broadside of May 17, 1620, were established by action of the court. No record is extant of the exact nature of the investment, but it appears from the court book to have been chiefly an investment from the general stock. The movement for monopoly of certain industries rather than a monopoly of all trade began during the latter part of the year 1620, and as a result the records deal extensively with plans for the sole importation of tobacco, by which a joint stock of ¥15,000 was to be raised to carry out what is known as the "Somerscales plan."

The overthrow of the lotteries carried consternation to the company. An income was essential with which to send out settlers to develop the soil or to create new industries, but the general stock was so low that the company could not even carry out its plans for glassworks. Finally, after several months of discussion, recourse was had to special adventure or new joint stock companies for special undertakings, controlled by a treasurer who should be elected by the adventurers in the scheme. Thus followed the creation of a series of magazines for the erection of a glass furnace, for the establishment of a fur trade, for sending maids for wives, and for supplying a magazine for apparel. The records of these ventures are to be found only in the court book, and the data there given is very insufficient. This, of course, meant no advantage to the general stock, and the company was forced to discover means for securing returns from the general investment and an income with which to develop the company's land. Hence, private plantations were organized, and private patents and monopolies for the industry of pitch and tar, for ironworks, for new discoveries were granted, while special commissions for trade along the coast and for fishing added to the revenue. With the exception of the movement for private plantations and for the sole importation of tobacco, but few records exist outside of the court book to reveal these vigorous endeavors to reap the results of the great investments in the earlier years. a

The discussions in the Court Book with regard to the magazine, the development of commodities, and private plantations will be found through the Index under those headings.

The grants for private plantations to individuals or groups of individuals, called hundreds, commenced as early as 1616, but increased rapidly during and after 1621, there being entries in the court book of over fifty patents granted in four years, which provide for the transportation of at least 100 men each and often for four times as many. The system by which each hundred in Virginia and the adventurers for the hundred in England was organized is to be found in the court book and in the extant records of the companies. The minutes of one meeting for Martin's Hundred and one for Smythe's Hundred, and the forms for patents deposited in the British Museum, in addition to about seventy papers of Berkeley Hundred, afford a very satisfactory reconstruction of the terms of agreement, the expenses, the provisioning, the form of government, the instructions issued to the captain or governor of the hundred, and the terms of settlement with tenants and servants. The adventures of Lord Zouch and Lord La Warr in 1617 and 1618, and of the Walloons and French in 1621, complete the series of which any record exists. b

For the documents on Berkeley Hundred see the Smyth of Nibley Papers in the New York Public Library, which are cited in the List of Records. See also Nos. 71, 72, 76, 77, 82, 227, 264, 735. These are really records of the private companies and fall under class VI in the List of Records. Among the forms for patents in the British Museum is that granted to Martin's Hundred: List of Records, No. 323.

But the private grants did not promise sufficient income to meet the great demands for supplies from the general stock which the massacre of 1622 brought about. As a result the company turned to the income from tobacco, regardless of its high purposes and its endeavors to enforce the production of other com- modities. This feeling of the importance of a contract for the sole importation of tobacco took such a strong hold upon the company that from May, 1622, until its dissolution, just a year later, nothing else worth mentioning is recorded in the court book, while the quarrel concerning the salaries to be paid for the manage- ment of the ¥100,000 to be invested in this project monopolized the attention of several courts. In addition to the record of an entire year in the court book, numerous memoranda of various estimates of the value of the tobacco monopoly to the Crown and to the company are deposited among the Manchester papers in the Public Record Office. The communications with the Privy Council on the subject are spread on the company's minutes, and are also to be found among the Colonial State papers. This series includes the proclamations of the King in 1624, and the new propositions and measures for tobacco importation of the same year. The economic condition of the planter, the necessity of a revenue to the company, the amount of the importation and of the customs value to the King, the relations with Spain, and the economic values in England are all brought out in the estimates, discussions, and arguments. a

List of Records, 60, 102, 147, 184, 185, 59, 263, 287, 448, 392, 396, 410, 413, 411, 414, 424, 425, 431, 482, 676, 678, 680, 681, 682, 691, 692, 693, 695, 696, 703, 705, 712, 724, 729, 733, 737, 744, 747, 756. See also the index of the Court Book, post, Vol. II, under "Tobacco."

DOCUMENTS DISCLOSING THE RELATIONS WITH THE COLONY

The study of the relations of the company to the colony and the development within the colony may be based on a greater variety of documents than any other phase of the subject, especially with regard to the political conditions. The court book furnishes an understanding of the attitude and motives of the company and often serves to connect the data gathered from letters, instructions, commissions, patents, and grants. Thus the emphasis on the custom of martial law in the colony and the severity of penalty imposed is revealed both in the court book and in the extracts from Governor Argall's register. b

List of Records, No. 40, ff.

The additional forms of government required by the development of the colony are recorded in the court book, by which the company created the offices of deputies to the governor for the college and for the public land, secretary, treasurer, chancellor, and surveyor, and provided for the compensation of officers by grants of land, by transportation of tenants, by the income of the company's land, and by allowance of fees. c

Court Book, I, April 3, May 15, 17, 1620. See also Bruce, Economic History of Virginia.

The requests for the appointment of a council of State and for laws and orders, urgently repeated by Governor Yeardley, as recorded in the court book in 1619, give evidence that the source of such development was in the colony. But the fundamental law for the government of the colony is recorded in three documents, the instructions to Gov- ernor Yeardley, November 8, 1618, which created the land system, the instructions to Governor Wyatt, July 24, 1621, which emphasized the industrial development, and "An Ordinance and Constitution * * * for a Councill of State and Generall Assembly" in Virginia, which confirmed the political forms.

These documents provided for the creation of two councils. The council of state, composed of the governor and council, was to form an executive and judicial body, and the assembly, composed of the council and two burgesses from each town or borough, was to be purely a legislative body. a

List of Records, Nos. 72, 260, 261.

The approval of a quarter court of the company, which was necessary for legalizing the acts of the assembly, is referred to in the court book in three places only. b

Court Book, I, April 3, May 15, 1620.

The constitution and the provisions for division of the country into cities and boroughs, recorded both in the instructions and in the patents by which the government of the private plantations was delegated to a private body, form the basis for a study of the local systems. The records of Smythe's, Martin's, and Berkeley Hundred referred to above, the correspondence of Samuel Argall with Bermuda Hundred, and the commissions for government issued by Governor Argall and later by the council of state complete the sources on this subject. c

The patents, the Argall correspondence, and the records of the Hundreds are new material and will aid much in an understanding of the local conditions and government.

The precedents for patents are valuable in the information which they afford with regard to the position of the following classes of colonists: The old adventurer not subject to rent; the adventurer paying money for his shares and agreeing to transport 100 persons; the adventurer settling a private plantation; the individual planter. d

List of Records, Nos. 299, 323, 324, 325.

These documents also throw light on the liberty of the individual, his exemption from taxation without his consent by the colony or by the private plantation, and his submission to a government almost military in character.

The strict supervision which the company exercised over the economic, indus- trial, and social conditions of the colony is to be seen in the measures enacted in the courts and in the correspondence between the company and the colony, sup- plemented by a large number of private letters to the officers of the company. Four letters to the colony are mentioned in the court book, of which two have not been found, but eight others not mentioned are extant. It is more difficult to determine what letters came from the colony, due to the usually brief reports of the letters in the court book, to the omission of the date from the copies of the letters, and from the uncertainty of the date of the receipt of the letters as noted in the court book. Seven letters seem to have been received by the company of which no trace has been found, while only four of the ten extant are mentioned in the court book. It is apparent therefore that only a part of the official corre- spondence is in existence. The directions to the colony disclose the care and earnestness of the company, and emphasize the endeavors to establish the various commodities, while the descriptions given by the colonists are extremely valuable in the picture they present of their efforts, ambitions, and attainments. The pri- vate correspondence proves that the official letters were likely to give but one phase of the conditions.

About thirty-five letters addressed to Sir Edwin Sandys during the years 1619 to 1621 have been found among the Ferrar papers, which are full of complaint because of the scarcity of provisions. Apparently Sir Edwin's policy to develop the plantation, and especially the company's land as a source of revenue, was overdone, and he was not as wise in carrying out his plan as he had been in forming it, since the colony was unable to provide for the large numbers sent out. These complaints are casually mentioned in the court book, but the Sandys-Ferrar correspondence shows that it was the desire of the administration to conceal the difficulties and distress of the colony not only from the public but also from the hostile faction. The Man- chester papers preserve letters, or copies of them, which came to the company or to individuals in 1622 and 1623 complaining of similar deprivations in the colony. a

For a citation of these letters in the List of Records, see the Index under "Letters."

The company was not only interested in the economic and industrial develop- ment and the necessary political forms of the colony, but, as Sir Edwin Sandys declared, it had a higher purpose than the Muscovy or the other commercial corpo- rations. This high ideal is proved by the attention which is devoted to plans for the college, by the appointment of ministers, by the collections in the churches, and by the gifts received, b

Post, Vol. II, Index under "College," "Education," "Ministers."

but the theory that the chief motive of the enterprise was religious is not supported either by the spirit or by the data of the records.

RECORDS KEPT BY THE OFFICERS IN THE COLONY

The acts of the administration in Virginia are recorded in the volume of contemporary records of the company kept by the colony which are described above. They consist of a series of nine orders and proclamations by the governor and council and of twenty-one orders, proclamations, commissions, and warrants issued by the governor as the executive officer of the council for the regulation of affairs in the colony. They cover the years 1621, 1622, and 1623, and concern the collection of taxes, the designation of laborers for public works, the regu- lation of prices of commodities, the restraint of relations with the Indians, and the control of the morals of the citizens. In addition to these documents issued by the governor is a series of twenty-four commissions and warrants issued to individuals to act as commanders of cities and hundreds, to carry on trade with the Indians, to make discoveries, to wage war upon the Indians, and to collect moneys. Another group of documents in the same collection consists of thirty- six petitions to the governor and council between 1622 and 1624. They are claims for wages and for moneys due, demands for fulfillment of contracts, requests for pardon and for justification in personal quarrels, demands for lands, and petitions to be allowed to return to deserted plantations and to England. a

For citation of these documents in the List of Records, see the Index under "Warrants," "Commissions," "Proclamations," "Orders."

The only extant record of the council for 1619 is an account of the "putting out of the Tenants that came over in the B[ona] N[ova] wth other orders of the Councell," found among the Ferrar papers. b

List of Records, Nos. 138, 139.

The "courte booke," or original record of the meetings of the governor and council, in which these petitions were heard and orders issued, is extant from 1624 to 1632, with a record of one court in 1622 and of one in 1623. These are mostly the actions of the council sitting in a judicial capacity and concern controversies over property, probate matters, and criminal charges. The punishment seem extreme. Two actions of the court are particularly interesting, one affecting Edward Sharpless for sending copies of the colonial records to England, and the other consisting of accusations against Captain John Martin of slanderous and false utterances. A few additional orders and warrants are preserved among the Colonial State papers, c

Ibid., Nos. 240, 521, 645.

together with a report of the proceedings of the assembly in 1619, written by John Pory and sent to England, the only other account of which was sent to Sir Edwin Sandys by John Rolfe, and is among the Ferrar papers. d

Ibid., Nos. 116, 154.

The acts of the assembly for March 5, 1623/24 are the only measures of that body during the life of the company which are extant, with the exception of the letters and petitions addressed to the company and to the King, and of a few orders.

DOCUMENTS CONCERNING THE DEVELOPMENT OF FACTIONS AND THE DISSOLUTION OF THE COMPANY

A series of documents remains which does not bear directly on the organization of the company or the expression of its activity in trade and in colonial enterprise, but is invaluable for a study of the history of the company, since it concerns the relations of the individual members to one another, reveals the inner life and motive of the company as a whole and of the various groups, and explains the conditions which resulted from the interference of the King and the overthrow of the corpora- tion. The entire movement centers about the growth of factions in the company. The movement begins in the years just preceding the accession of Sir Edwin Sandys to the position of treasurer, and seems to have had its origin in the trouble over Sir Samuel Argall and the appointment of Sir George Yeardley as governor of the colony. It finally involved many of the personal complaints and difficulties which presented themselves to the company, and therefore requires a study of those problems before it can be understood.

The measures which thus arose with regard to individuals are to be found chiefly in the court book. They supply much information which can not be obtained elsewhere with regard to the methods of procedure of the company, and afford scattered data of great importance in addition to the light they throw on the disputes of the factions. The subjects discussed include such problems as the relations with the northern colony, the conflict with Spain concerning the ship Treasurer, the suit against William Wye for failing to land settlers in Vir- ginia, and various accusations against Governor Yeardley and Captain Argall for misgovernment in the colony. The accounts of Sir Thomas Smythe, the settle- ment of Alderman Robert Johnson's accounts for the magazine, and the illegality of Captain John Martin's patent for a plantation, were also questions which were of vital importance to the financial affairs of the company and took the atten- tion of numerous courts; but neither the accounts of Sir Thomas Smythe nor of the magazine were ever adjusted.

The claims against the company presented by William Tracey, by William Weldon, the deputy of the college land who was superseded by George Thorpe, and by the heirs of Sir George Somers for a compensation for the Somers Islands are but illustrations of the many demands made upon the company. The court sat as a judiciary body to settle numerous personal quarrels, including the Brewster-Argall, the Argall-Smythe, the Bargrave-Smythe, and the Johnson- Southampton cases. Disputes which arose within the courts and resulted in slander and counter accusations took much of the time and attention of the company, the trouble between the council and Samuel Wroth over the question of salaries thus consuming the entire time of the courts for three months, from December to February, 1622/3. In the various collections in London are about a dozen papers which give additional information on the Argall-Rich troubles, the censure of Alderman Johnson, the Martin patent, the accounts of Sir Thomas Smythe, and the suits against William Wye. a

For the history of these cases as given in the court book, see the citations in the Index, Post, Vol. II, under the names suggested. References to the documents in the List of Records, may also be found in the Index.

The documents which bear directly on the factional differences in the company are among the Manchester and the Ferrar papers. From them comes the insight into the very motives and thoughts of the opposing parties, and the proof that the accusations of the Warwick party are well founded, in so far as they relate to concealment of the sufferings and dissatisfactions in the colony, comes as a surprise. a

Citation of these documents in the List of Records may be found by reference to the Index under the Sandys-Ferrar letters, the Rich and Johnson memoranda, and the letters in the Man- chester papers.

For a history of the factions the student must first review the reports of the personal conflicts referred to above and then turn to the numerous documents which include the accusations against the company, the defense of the colony and of the company, and the memoranda and letters upon the charges.

When the quarrels had finally been carried to the Privy Council, the matter was taken up officially by the company, and the second volume of the court book after the spring of 1623 is composed entirely of documents spread upon the minutes which concern the action of the company. In fact, all of the papers after that time are of the same character except the records of the governor and council in Virginis. Since they number upward of two hundred, it will be impossible to discuss them separately, but it must be remembered that in them is to be found an outline of the history of the company reaching back into the time of Sir Thomas Smythe, presented first by one faction and then by the other. The most important of these reviews are the charges of Captain Butler, of Alderman Johnson, and of Captain Bargrave, with replies to each; the complaints of the adventurers and of the planters against the Sandys administration, and a declaration by the "ancient planters" comparing the two administrations in the colony. Finally, the "Discourse of the Old Company" is the last review of the whole situation. Another most important group of papers is a series of projects for readjusting the government of the colony and the adminis- tration of the company. The projects of Martin, Bargrave, Ditchfield, and Rich thus afford an opportunity to study the beginnings of royal control.

The relations between the Crown and the company assume three different phases during the Sandys-Southampton administration—the first before the dis- cussion over the tobacco contract in 1622, the second concerning that contract, and the third relating to the abuses in the company and the dissolution of the corpora- tion. The court book shows a readiness and a desire on the part of the company before 1622 to refer to the Privy Council such matters as the magazine accounts which seemed beyond their control, but it also contains declarations to the effect that an interference with the patent rights is not to be tolerated. The questions arising in those years concern the transportation of dissolute persons to the col- ony, the right of the King to nominate men from whom the treasurer should be chosen, the restriction on trade to other countries, the refusal of a new charter to the company, and the dissolution of the lotteries. Supplementary to these records in the court book are the orders of the Privy Council affecting all of these problems. One of the most important documents, however, has not been found, since the efforts for a new patent can not be traced beyond the statement in the court book. It was first proposed November 15, 1620, and was ordered to be continued and to be confirmed by Parliament on January 31, 1620/21. On the 22d of the following month the Lords were appointed to secure the seal, and on April 12 the objections of the attorney-general, to whom the King had referred the patent, were discussed. That it never went into effect is certain, since no record is to be found among the sign manual warrants in the record office or in the signet docquet book. Furthermore, it is not enrolled in the chancery files, and it is not entered on the patent rolls, while in the suit of the quo warranto the only letters patent cited are those already known of 1606, 1609, and 1612. a

The Editor searched the following documents in the Public Record Office for a record or citation of this charter:

The suggestion that a charter was reissued at a later date led to a similar fruitless search in the Chancery of the Privy Seal as Follows:

Unless the documents have been lost or the date of the entry has been mis- taken the conclusion must be reached that after the surrender of the draft of the new charter to the solicitor-general it disappeared from sight. During the year 1622 the communications between the King and the company concerned the tobacco con- tract and its final acceptance at the command of the King, and revealed the maturity of the policy of interference which had been developing during the previous years. The number of accusations against the company increased during the year, and the records of the early part of 1623 abound in letters of complaint and charges of mismanagement from the colony. The memoranda of the Warwick party, found among the Manchester papers, are also essential to the understanding of the movements toward the overthrow of the company. Many of the forty communi- cations between the King and the company are spread on the court book, while all of them are found in the Privy Council register. These include the commis- sions to the board chosen to investigate the affairs of the company, b

A record of the grand committee appointed to defend the company before the commissioners and a record of a meeting of the commissioners are among the Ferrar papers. List of Records, Nos. 394, 543.

and the directions to the commissioners sent to Virginis. The correspondence between the King and the colony during those months of struggle concerned the latter commission and established the royal authority, but the letters from the colony were addressed to the company as late as the close of the year, six months after the judgment was rendered in the quo warranto suit.

The record of this suit is found in the coram rege roll of the Kings Bench. In the entry the usual writ served upon the company is followed by the information read by Edward Offley, the attorney for the company, citing the letters patent of 1606 and especially of 1609. It enumerates the rights granted to the corporation, and claims that other privileges were never used. The third document is the reply of Attorney-General Coventry in which he prays for the conviction of the accused on account of the usurpation of privileges, and cites those mentioned in the infor- mation, claiming that there had not been sufficient answer in any point. The answer of Nicholas Ferrar and others states that the company is ready to verify its rights as quoted. The judgment was rendered on the morrow of Holy Trinity, and declares that Nicholas Ferrar and the others are convicted of the usurpation of privileges and that the "said privileges are taken and seized into the hand of the King and the said Nicholas Ferrar and the others shall not intermeddle but shall be excluded from the usurpation of liberties, privileges, and franchises of the same so taken from the King, and that they are to satisfy to the King his fine for the usurpa- tion of said privileges." The writ of quo warranto was issued out of the Kings Bench on the Tuesday next after the morrow of All Souls (November 4, 1623). The suit was opened on the Friday after the quindecim of St. Martin's (November 28), and was then postponed until the eight of Hillary (January 20). It was postponed a second time to the quindecim of Easter (April 11), and judgment was finally rendered on the morrow of Trinity (May 24, 1624).

VALUE OF THE VIRGINIA RECORDS

It has been the purpose of this paper to give to the reader a knowledge of what records the Virginia Company kept and to afford a guide to the extant records, as well as to indicate the character and importance of the various col- lections of records and of the various classes of documents. The value of this series of papers is threefold—it discloses the organization and activity of the company; it aids in an understanding of the various problems, policies, and con- ditions of the State under the early Stuarts; and it is of great importance in a study of the entire movement of the earlier and of the later century for exploration, for trade, and especially for colonization.

The object of the previous discussion has been to show that an intimate knowledge of the mechanism of the company, of the methods of other corporations and business houses, of the policies of the company toward the plantation, of the growth of the colony, and of the change in the attitude of the Crown may be gained from the various documents. Thus the value of the records in revealing the methods employed by the company in conducting its courts, in keeping its books, in securing capital, and in finding investment which would result in immediate returns and enable the com- pany to transport men to the colony, has been pointed out. The evidence of the change of the plantation from a colony for exploitation to a colony for settlement, and the consequent effort of the company to stimulate exploration, settlement, and the development of resources, as well as the proof of the liberality of the proprietors in advancing self-government, has been outlined.

The indication in the records of the colony that the control changed from absolute authority centralized in the governor to local management and government through a representative legislative assembly, and that the social conditions developed from life in a few compact settlements to plantation life has been suggested. Moreover, the documents which show the efforts of the joint-stock companies to gain protection and become privileged monopolies, on the one hand, and the tendency of the Crown, on the other, to utilize the company to relieve the country of its undesirable popu- lation, to secure a share in the revenue, and finally to assume the full proprietorship of the colony has been cited.

The court book and other records of the company have another value in that they incidentally aid in an understanding of many problems of the government. Thus the attitude of the King toward the company was much influenced by his desire for marriage relations with Spanish royalty. Various questions of policy were often discussed in the meetings of the company, such as the freedom of trade and of fishing, monopolies, customs, and shipping, while the financial aid given to colo- nization by Spain is cited in contrast to the action of England, and the favor to the Spanish colonies by the State in allowing the sole importation of certain products was dwelt upon. The desire to cement the colony to the State and the necessity of avoiding separation was much emphasized, but the wisdom of allowing self-government to the colony was never once forgotten. In fact, the argument that democracy was unavoidable, since the planter had the privilege of the adventurer, was urged in opposition to the accusations of the King that the company favored democratic forms. This spirit in the company is also seen in the tendency to address Parliament whenever possible, as illustrated in the movement for a new patent and in the settlement of the tobacco question.

The economic and industrial situation in England is perhaps better revealed than any other phase of affairs. Thus the commodities which were in demand and not produced in England, the rates of such commodities, the prices of necessities, and the system of vending goods were all matters of great importance to the company, and appear again and again in the various documents. The poverty of skilled labor is shown in the necessity the company was under to go to the Continent for men to superintend and carry on every industry which it attempted to establish in the col- ony. Dutchmen, Swedes, Poles, and Frenchmen were thus imported for conducting sawmills, cultivating silkworms, and making potash, clapboards, salt, wines, and glass. When engineers for constructing fortifications were desired, General Cecil declared that he had not men for the purpose, but hoped he might be able to recom- mend some Frenchmen of ability. The papers which concern the transportation of vagabonds and of boys and girls furnish a comment on a special phase of social life, while the spirit of the entire records reveals the demand for an outlet for activity and an opportunity for investment.

Throughout, the minutes of the courts and the correspondence and references to the other trading companies emphasize the strong similarity between their organization and that of the Virginia corporation. Illustrations of this fact are seen in the citation of the precedent from other joint-stock companies of employing a deputy and a director, of the salaries paid in the East India Company, and of the liberty of trade enjoyed by the Muscovy Company; while among the Ferrar papers are drafts of petitions from the Commons to the King in the writing of Nicholas Ferrar on behalf of the Turkey merchants and of the "Ginny and Binny" company, showing the intimate relations between the different movements.

Perhaps the most important result of a study of the Virginia Company comes from the knowledge which may be gained of the whole movement which had as its object exploration, trade, and settlement before and since the time of the company in all of the colonies. In its records are to be found one of the earliest sources of information concerning colonial experience from the English standpoint, and hence through them may be gained an understanding of the way in which proprietary colonies were established; of the development of the plantation into a colony of settlement; and of the consequent relation between the settlers and the proprietor. These steps as well as those by which the Crown was led to resume the authority and to establish a royal proprietorship in place of that of a company or of an indivi- dual, and the consequent development of the freedom of the settler were repeated in the history of all of the proprietary colonies of America.

5. The Fate of the Original Records a

That the Virginia Company had a large number of records which are not now extant has been reveled by a study of the existing documents. In addition to the original court books and the five other records provided for by the "Orders and Constitutions" there were the books created at a later date, the duplicates of patents and grants, the petitions, and all of the account books of the various magazines and joint stock companies. If the papers of the private plantations and hundreds which are represented by the Smyth of Nibley papers, were added to these, the volume of missing records would become very great. A discussion therefore of what resources have been searched, though in vain, seems desirable, in order to aid further investigation.

It was in July, 1622, that the controversy between the factions in the company was first brought before the Privy Council, and, strangely enough, the plaintiff was John Bargrave, who later championed those whom he now accused. The complain- ant declared that he had lost 6,600 pounds through the "unjust practices and miscarriage of government" on the part of Sir Thomas Smythe and Alderman Robert Johnson. The matter was referred to a committee composed of Lord Viscount Grandison, Lord Brook, the master of the rolls, Lord Keeper Coventry, and Secretary Conway, but the affair dragged on in the council until it was finally settled on January 22, 1622/3, by its ordering Bargrave to forbear troubling Sir Thomas Smythe. b

List of Records, Nos. 351, 401.

From that time the battle between the factions in the company had begun. The tobacco contract between the lord treasurer as representative of the King on the one hand and the company on the other, which had occupied so much of the time of the courts, was allowed by the Privy Council on the 2d of February. c

Ibid., No. 401.

But the spirit of conflict was seen in the entire correspondence, and during the few succeeding months bitter complaints concerning the mismanagement of affairs in the colony were made by Nathaniel Butler in his Unmasking of the Colony of Virginia and by Alderman Johnson in his Declaration. d

Ibid., Nos. 388, 395.

That both of these originated in the Warwick faction has been revealed by the Manchester papers.

On April 17 a committee headed by Lord Cavendish was summoned before the Privy Council to defend the Virginia Company against the "grievances of Planters and Adventurers." As a result, the first blow was struck at the liberty of the company when the Privy Council announced that it was the King's intention that a commission should be appointed to inquire into the state of the Virginia and Somers Islands plantations. a

List of Records, No. 467. Printed in full in Le Froy, I, 289–290.

From that time the affairs of the company were under surveillance, and the correspondence, the trade, and even the personal liberty of its officers were subject to restraint. The company was immediately forbidden to receive any private letters except on its own business, while on the 28th of the same month its letters were disallowed by the Privy Council because they failed to "certify the King's grace to the Colonies." Already the court books and other writings had been required of the secretary of the company, as is shown by a receipt for the same, dated April 21, among the Ferrar papers. This receipt was given to Edward Collingwood by the clerk of the council. As a concomitant the council dissolved the tobacco contract and reduced the former customs on tobacco from twelve to nine pence per pound. It allowed the companies the sole importation of tobacco, but it required that the whole crop should be brought into England. b

List of Records, Nos. 476 and 478.

There were other acts which partook of the same spirit as the interference with the correspondence and business of the company. On May 13 the Privy Council ordered that Lord Cavendish, Sir Edwin Sandys, and Nicholas and John Ferrar should be confined to their house, a punishment inflicted for a contempt of an order of the council table against the use of bitter invectives, and brought about by the complaint of the Earl of Warwick. Lord Cavendish was in restraint five days and the others eight days. The release came as a result of their "acknowledgment of offence and expression of sorrow." c

See Orders in Council, cited in Ibid., Nos. 506 and 510.

The threat of the King was carried out, and the declaration of war was made on May 9 by the appointment of a commission to investigate the disputes in the Virginia Company and to report upon their method of procedure.

The danger of confiscation of the company's records was fully realized for the the first time on May 22, 1623, when the Privy Council enforced a previous order to surrender "all Charters Books, (and by name the blurred Book or Books), Letters, Petitions, Lists of Names and Provisions, Invoyces of Goods, and all other writing whatsoever, and Transcripts of them, belonging to them." The new order declared that the "Blurred Book or Books" had been kept back. The documents were to be surrendered to the clerk of the council, but the custody of the records was given to the commissioners. Each party was to have free use of them "in such sort as to ye Commissioners shall seem good." Furthermore "all Boxes & Packages of Letters which hereafter shall be brought over from Virginia or ye Summer Islands during this Commission" were to be "immediately delivered to ye Commissioners by them to be broken open, perused or otherwise disposed [of] as they shall find cause." a

List of Records, No. 513.

The records were in the possession of the clerk of the council from the date of this order, or earlier, until November 7, 1623, as is shown by a warrant bearing the latter date, in which the commissioners of May 9 required of the council a "trunk of writings" locked up under the custody of the Privy Council to be delivered to the "bearer." b

Ibid., No. 580.

A careful search for the missing papers must commence at this point. Although the records, or at least the court books, were later returned to the company, some of them may have been retained by the commissioners or by individuals thereof. Therefore, hidden away in the collections of the heirs of these men, it might be supposed, would be found the much sought-for documents. The members of this commission, created April 17, were Sir William Jones, Sir Nicholas Fortescue, Sir Francis Gofton, Sir Richard Sutton, Sir William Pitt, Sir Henry Bouchier, and Sir Henry Spiller. c

For the order in council creating this commission, see Ibid., No. 499.

But, as far as can be determined from personal investigation, from the report of the Royal Commission on Historical Manuscripts, from conversa- tion with Sir Henry Maxwell Lyte, of that body, or from other men conversant with the private and public depositories in England, none of the papers did remain in the possession of those commissioners.

A committee of the Privy Council may have had access to these papers, for on July 22 Lords Grandison, Carew, and Chichester were appointed to take into con- sideration the reports on the colony and to present to the council orders most fit for the regulation of the government of Virginia. d

Ibid., No. 547.

Another group of men intrusted with the investigation of affairs at that time, and into whose hands and private possession might have come papers belonging to the company, were John Harvey, John Pory, Abraham Percy, Samuell Matthews, and John Jefferson. This commis- sion was sent to Virginia for the purpose of investigating conditions, and many of the documents bearing on their relations with the colony are among the colonial State papers.

The documents remained in the custody of the commission until November 21, and were then returned to the secretary of the company. An order in council declared that all the "Books and writings, whether remayneing in the hands of the Comrs or elswher, shalbe fwthwth deliuered by Inventorie vnto the said Company." The complaint had been made by the treasurer that they could not make answer to the quo warranto which had been issued out of the King's Bench against the company without the use of their records. e

Ibid., No. 593.

Therefore, from November, 1623, until June, 1624, the company was in possession of its documents, and it was during that period that Nicholas Ferrar was busily engaged in having them transcribed.

The last order which concerned these records from December 30, 1623, until the company was finally overthrown, in June of the following year—when the organi- zation, according to Nethersole, became a company for trade and not for government— was a letter of the council to "Nicholas Ferrar, Deputie," to bring to them unopened all letters which had come in a ship lately arrived from Virginia. a

For the order in council creating this commission, see List of Records, No. 608.

That the King in the meantime was concerned in the preservation of all papers relating to Virginia is seen in a letter from Secretary Conway to Sir Thomas Merry, in which he was requested to preserve all papers in the possession of "his late cousin," John Puntis, vice-admiral of Virginia, and any others which concerned the business. b

List of Records, No. 683.

Following up the recall of the charter, the Privy Council declared that it was the King's intention to renew the charter of the company without the imperfections of the former grant. A committee was therefore appointed on June 24 to resolve on the well settling of the colony, to give the orders therefor, and to report to the King for further directions. This body consisted of Lord President Mandeville, Lord Paget, Lord Chichester, the lord treasurer, the comptroller, the principal secretaries of state, the chancellor of the exchequer, the chancellor of the duchy, the attorney- general, the solicitor-general, Sir Robert Killigrew, Sir Thomas Smythe, Francis Gofton, John Wolstenholme, and Alderman Johnson. c

Ibid., No. 687.

Two days later an order in council was issued instructing Mr. Ferrar, deputy of the company, to bring to the council chamber all patents, books of accounts, and invoices of the late corporation and all lists of people in the colony, to be retained by the keeper of the council chest till further order. d

Ibid., No. 689.

Thus was ended the control of the government by the old organization, if not of the affairs of the company and its colony, and thus the records passed into the charge of the clerk of the Privy Council.

A commission to establish a government in Virginia is to be found in the chan- cery privy seals under July of the twenty-second year of James I, countersigned to pass by immediate warrant. The patent roll of the period records this commission, dated July 15, 1624, by which the Virginia Company was to be supplanted and the first royal province in America was to be established. e

Ibid., No. 701.

The records of the old com- pany, however, are not lost to sight till three days later. On July 15 the commis- sioners met at Sir Thomas Smythe's house and determined that the charters, seals, and writings of the company were to be brought to Sir Thomas Smythe's house and kept in charge of the clerk of the commissioners, H. Fotherby, to be used by the commissioners at pleasure. a

List of Records, No. 702.

In the Privy Council register, under date of June 26, 1624, there is an order for Mr. Ferrar to deposit in the council chamber the papers of the late corporation, and in the margin is a note which gives the last glimpse of those records. It reads as follows: "Nd: All theis Patents bookes of accounts &c were delivered to Henry Fotherby clarke to the Commissioners, by order from the Lords the 19 of July 1624." b

Ibid., No. 689.

That these members of the Privy Council and others of the commissioners for Virginia had all of the original records of the company in their possession at that date is thus proved. What became of them later can be a matter only of specu- lation. That they had been so carefully preserved and were deposited "for use by the members of the commissioners," seems to indicate that the theory of their destruction by the Crown is not tenable. There are two theories which seem much more likely. it may be that they passed finally into the possession of the Privy Council, which evidently soon assumed the burden of the control of the affairs of the province; for, on May 13, 1625, a royal proclamation arranged for a council which was to the subordinate to the Privy Council. c

A letter to the Earl of Warwick dated November 16, 1624, bears the signatures of the council for Virginia as follows: Sir Thomas Smith, Ferdinando Gorges, John Wolstenholme, Samuel Argall, Thomas Gibbs, Samuel Wrot, and John Pory. There had been some question concerning the addition of names to the commission, but whether this is a portion only of the council of July 15 or a new organization is uncertain. Ibid., No. 738.

The papers may thus have remained with the King's Council until the creation of the commission for Virginia in 1631, which in turn was supplanted by the Board of Commissioners for Foreign Plantations in 1634. d

The members of the commission for Virginia appointed June 17, 1631, were: Edward Earl of Dorset, Henry Earl of Danby, Dudley Viscount Dorchester, Secretary Sir John Coke, Sir John Danvers, Sir Robert Killigrew, Sir Thomas Rowe, Sir Robert Heath, Mr. Recorder [Heneage Finch], Sir Dudley Diggs, Sir John Wolstenholme, Sir Francis Wiatt, Sir John Brooke, Sir Kenelm Digby, Sir John Zouch, John Bankes, Thos. Gibb, Nath. Rott [Wrote?}, Mr. Sands, John Wolstenholme, Nicholas Ferrar, Mr. Barber, and John Ferrar. See Colonial Papers, Vol. VI, No. 14. The commissioners for plantations appointed April 28, 1634, were: William Land, Archbishop of Canterbury; Thomas Lord Coventry, lord Keeper; Richard Neile, Archbishop of York; Richard Earl of Portland, lord high treasurer; Henry Earl of Manchester; and seven other officers of state.

The commission created in July of 1624 was composed of the lords of the council and "certain others," and the council register seems to indicate that it was usually the council sitting as a commission. After 1624 the papers, letters, and instructions were all issued by the council, the commissions to the councillors and to governors of the colony passed the privy seal and were engrossed on the patent roll, and the letters or papers from the colony were addressed to the council.

Another theory as to the fate of the records is that they were at first in charge of Henry Fotherby, clerk of the commissioners, but that they were gradually scattered among the members of the commission most interested in the career of the company as the authority of the commission became purely that of government. The members of the commission, created July 15, 1624, in whose families such papers might be found, are as follows: Henry Viscount Mandeville, Lord President of the Council, Wm. Lord Paget, Anthony Lord Chichester, Sir Thomas Edmonds, Sir John Suckling, Sir Geo. Calvert, Sir Edward Conway, Sir Richard Western, Sir Julius Caesar, Sir Humphrey May, Sir Saville Hicks, Sir Thomas Smith, Sir Henry Mildmay, Sir Thomas Coventry, Sir Robert Heath, Sir Ferdinando Gorges, Sir Robert Killigrew, Sir Charles Montague, Sir Philip Carew, Sir Francis Goston [Gofton], Sir Thomas Wroth, Sir John Wolstenholme, Sir Nathaniel Rich, Sir Samuel Argall, Sir Humphrey Handford, Mathew Sutcliff, Dean of Exeter, Francis White, Dean of Carlisle, Thomas Tamshaw, Alderman Robert Johnson, James Cambell, Ralph Freeman, Morris Abbott, Nathaniel Butler, George Wilmore, William Hackwell, John Mildmay, Philip Germayne, Edward Johnson, Thomas Gibbes, Samuel Wrote, John Porey (?), Michael Hawes, Edward Palavacine, Robert Bateman, Martin Bond, Thomas Styles, Nicholas Leate, Robert Butt, Abraham Cartwright, Richard Edwards, John Dyke, Anthony Aldy, William Palmer, Edward Ditchfield, George Mole, and Richard Morer. a

Virginia Magazine of History, VII, 40.

Had not the receipt from the Privy Council to the secretary of the company revealed the existence of the early records in 1623, and had not the memoranda of Sir Nathaniel Rich confirmed the fact, b

Ante, pp. 25, 63.

the theory might be put forth that the papers of the early period were burned in the destruction of Sir Thomas Smythe's house at Deptford on February 6, 1618/19. The fire at Whitehall on the 16th of January, 1618/19, at which the privy seal, signet, and council records are supposed to have been destroyed, is sometimes suggested as the cause of the disappearance of the Virginia records. But the facts given above, in addition to the statement of Sir Thomas Wilson to the King that there had been but little loss of papers since they had been transferred to the new office refutes that theory. c

Documents relating to the History of the Public Record Office, in the Record Office.

It remains for the future enquirer to examine the collections which are known to contain papers belonging to the families indicated by the names of the various com- missioners and of the Privy Councillors for that period. Such investigations are made difficult by the transfer of papers from one branch of a family to another, necessitating a knowledge of the genealogy of the various families represented. Having found the heirs of the families in question, the search may then be conducted through the reports of the Royal Commission on Historical Manuscripts. But this is not sufficient. Since trace of the family is often lost, or no evidence can be found of collections of docu- ments, it becomes necessary to search through every section of those reports of the commission for stray sets of papers. The greatest confusion also results from the sale of libraries, and while the catalogues of Quaritch or Sotheby may afford a clue to the offer of such material for sale, often in small lots, the name of the purchaser is not usually to be discovered. The result is that the student must wait in patience until the papers have drifted into some great depository—such as the British Museum and the Bodleian Library—or until they have been made known to the public through the Manuscripts Commission or by private enterprise. a

The search for the records has not only been conducted along these lines, but the collections belonging to the families of the officers of State under James I, and Charles I, have been investigated.

Another difficulty, which can not be overcome by the individual student, is the insufficiency of the catalogues of early date. This is gradually being met by the re-issue of catalogues and calendars in the British Museum, and the Bodleian, although the new catalogue of the latter is only "summary." The Ashmolean and Rawlinson papers in the Bodleian may afford many surprises. Furthermore, the early reports of the Manuscripts Commission were often incomplete and too general in character. However, the more recent volumes are full calendars, and the older volumes may be republished in time.

In the great collections of the British Museum are brought together the papers or portions of the papers of a few of the men with whom we are concerned. In the Lansdowne collection are about one-third of the papers of Sir Julius Caesar, master of the rolls, which were sold at auction in 1757. Among these have been found the valuable letters of John Martin and the draft of the commission of 1624. In the Harleian collection, brought together by Robert Harley, Earl of Oxford, at the close of the seventeenth century, and among the papers of Sir John Cotton, who was a noted antiquarian of the time of James I, are a few important documents.

The valuable collection of the Marquis of Bath, containing the Cecil papers, has been recatalogued and found to contain nothing which concerns the company after 1616, and nothing of the earlier period not known to Alexander Brown.

Two other collections, imperfectly calendared by the Manuscripts Commission, are those of Lord Sackville, of Knole, Seven Oaks, Kent, and of the Earl of Coventry, Croome Court, Severn Stoke, Worcestershire. Since the statement was made by John Ferrar, in the later years of his life, that Sir Robert Killigrew had left the Virginia papers to Sir Edward Sackville, the Earl of Dorset, our interest in this collection is intensified. Both Sir Robert Killigrew and Richard Sackville, Earl of Dorset, are seen to have been vitally connected with the company and the settle- ment of its affairs. Two other connections of this family may have brought together collections which might contain Virginia papers. Richard Sackville, Earl of Dorset, married Frances, the daughter of Lionel Cranfield, the first Earl of Middlesex, and he himself became heir to the Cranfield house and title as third earl. The first Earl of Middlesex was the lord treasurer during the régime of the company and figures prominently as the individual who conducted the quo warranto suit against the Virginia Company. Furthermore, Lionel Sackville West is the direct descendant of Lord De La Warr, of Virginia fame. The combination of the four houses of Killigrew, Sackville, Middlesex, and De La Warr, which were of so great importance in Virginia affairs, leads to the hope of a valuable collection of manuscripts. Four documents are mentioned in the report of the commission, and these refer to the tobacco trade, but an inquiry of Lord Sackville as to other material in his posses- sion elicited the reply from Lionel Sackville West that Lord Sackville knew of "no other papers at Knole relating to the colony of Virginia than those mentioned in the report of the commissioners." It may be, however, that a more careful calendar of this collection will disclose papers of great importance.

From March 14, 1616, to January 11, 1620, Thomas Coventry was solicitor- general; later, during the Sandys-Southampton administration of the Virginia Company, he held the position of attorney-general. On November 1, 1625, he became lord keeper, and remained in that office during the period coinciding with the organization of the colonial administration. Hence it was that, when it was found from the report of the Manuscripts Commission that many of Lord Keeper Coventry's papers had not been investigated, the Editor addressed a letter to the Earl of Coventry, Croome Court. This resulted in a confirmation of the statement, and a promise to search the papers which are now in the "strong room here." In a letter to Ambassador Choate, July 27, 1904, the Earl of Cov- entry made the following statement: "In company with a son I went through the boxes containing papers of the Lord Keeper Coventry in which I thought it likely I might find the documents referring to the Virginia Company of London, some time ago, but I could discover nothing relating to the company." The letter goes on to say that the "papers are in bad condition and very difficult to decipher." Hence the conclusion may be reached that this most likely hiding place for Virginia records is not to reveal new material.

The collections at Thirlestaine House, Cheltenham, and at Hatfield House, are extremely valuable, but T. Fitzroy Fenwick, esq., the present owner of the former, states that there is no material in that collection relating to the early history of Virginia, and a manuscript catalogue, kindly loaned to the writer by Lord Salisbury, indicates that the papers at Hatfield House, now being calendared, have no bearing on the subject in hand.

By tracing the family connections of the descendants of Sir Thomas Smythe and the Earl of Southampton intermarriages are found which might result in the location of valuable papers in many of the large depositories. All of these have been investigated by the Manuscripts Commission. Thus, from Sir Thomas Smythe the documents might have been inherited by the first or the second Earl of Leicester; by Sir Sydney Stafford Smythe, baron of the exchequer in 1772 and last of the descendants of the male line; by the eighth Viscount Strangford, vice-president of the Royal Geographical Society, with whose death in 1869 the senior branch of the family was terminated; and by the present Duke of Marlborough through the second marriage of Lady Dorothy Sydney Smythe, daughter of Robert, second Earl of Leicester. The Wriothesley family is to-day represented in the houses of the Duke of Bedford and of the Duke of Portland, the former having inherited the London property of Robert, third Earl of Southampton, and the latter the Tichfield estate.

The large number of documents among the Smyth of Nibley papers a

Ante, p. 55.

suggests that in private collections may be many records which concern the private enterprises or companies formed within the corporation for setting out plantations and carrying on trade. Other groups of manuscripts and early books have seemed to offer opportunities for the discovery of the missing records. But the Lambeth Palace Library, the college libraries both of Oxford and of Cambridge have proved value- less, with the exception of that most important group in Magdelene College, Cambridge. Every one of the college libraries, has been searched or investigated, but to no avail. All Souls College, Oxford, contains a collection of manuscripts which may afford a few papers on the subject when it has been more carefully catalogued.

The fact that the original records of the company before 1619, and a compara- tively small portion after that date have not been discovered has led generally to the conclusion that the party of the Crown destroyed the evidences of the misman- agement during the first decade and of the comparatively prosperous condition in the second. That they failed to take into account the records in the colony and the Ferrar transcripts of the court book is the good fortune of posterity. But the destruction of the records can not properly be considered as proved until the public collections have been more carefully calendared and the private collections have been more thoroughly investigated. The absolute lack of evidence that the Crown and its supporters held such an attitude and the knowledge that the commissioners took the records into their charge "for use" encourages the hope that a faithful endeavor to discover their location may yet be rewarded by success.

LIST OF RECORDS
List of Records
THE VIRGINIA COMPANY OF LONDON EXPLANATORY NOTE

This list includes all documents, letters, publications, or other records of the Virginia Company, or relating to the company between 1616 and 1625, which the Editor has been able to discover, and also those previous to 1616 which are not published or cited by Alexander Brown in the Genesis of the United States. The object in compiling the list has been to give to the student of history the necessary information concerning each document in as convenient form as possible in order to aid him in finding or in identifying the papers. The documents have been arranged in chronological order, but with the provision that whenever the day of the month is uncertain the document has been placed at the beginning of the month, and when the month is not known it has been placed at the beginning of the year. Thus, at the first of each year and of each month will be found the undated papers, or those to which it has been impossible to assign dates. The subject-matter, as well as the title and the name of the author has been given rather for identification than to serve as a calendar, since it is the aim of this series to publish all material except that which is purely supplementary. The documents which it is intended to publish in this series, if the privilege can be secured, have been indicated by an asterisk. The title has been quoted wherever possible, and the orthography of proper names has been made to conform to that of the document. The location, indicated by abbreviated forms, and the reference, following the abbreviation, Ref., of every edition, contemporary copy, or later transcript has been given, but the description of the document is either in the introduction or will be found in connection with its publication in the succeeding volumes. Wherever the paper has been published or calendared the reference has been cited after the abbreviation, Pub. The material has been classi- fied with regard to source or authorship and the classes have been indicated by Roman numerals, placed to the left of the "reference." The bibliographies have been included in the index in the second volume of the series. It has been found necessary either to abbreviate or to use symbols for the names of the libraries or collections in which documents are found, and those abbreviations have been placed at the extreme right hand of the page.

Symbols Indicating Location of Documents
ANT. Society of Antiquaries, London.
BEL. Collection of the Earl of Rutland, Belvoir Castle.
BM. British Museum, England.
BOD. Bodleian Library, Oxford.
CAMB. Cambridge University Library, Eng- land.
CHILD. Collection of J. Eliot Hodgkin, Child- well, Richmond, Surrey.
DOV. Borough of Dover, England.
DROP. Collection of Hon. G. M. Fortescue, Dropmore, Maidenhead, England.
HARV. Harvard Library, Cambridge, Massa- chusetts.
HL. Repository of the House of Lords, London.
IPS. Ipswich, England.
JCB. John Carter Brown Library, Provi- dence, R. I.
KP. Collection of Lord Sackville, Knole Park, County Kent.
LAMB. Lambeth Palace Library, London.
LEI. Leicester, England.
LC. Library of Congress, Washington, D. C.
[LC] Transcript in Library of Congress, Washington, D. C.
MC. Magdalene College, Cambridge, Eng- land.
MONT. Montague House, London.
NEWB. Library of Ed. E. Ayer in the New- berry Library, Chicago.
NY. New York Public Library.
[NY] Transcript in New York Public Li- brary.
P. Imperial Library, Paris.
PC. Privy Council, London.
PEQ. Pequot Library, Connecticut.
PET. Collection of Lord Leconfield, Petworth House, County Sussex.
PRIV. Private library in New York City.
PRO. Public Record Office, London.
Q. Queens College, Oxford.
R. Archives of Jesus, Rome.
READ. Borough of Reading, England
SHER. Sherbourne Castle, County Dorset.
SUF. Collection of W. W. Molyneux, Suf- folk County, England.
SYON. Collection of Duke of Northumber- land, Syon House, England.
VHS. Virginia Historical Society, Rich- mond, Virginia.
WELB. Collection of Duke of Portland, Wel- beck Abbey.
WOD. Collection of Edmund R. Wodehouse, esq., England.
WYC. Borough of Wycombe, England.
YAR. Yarmouth, England.
GENERAL ABBREVIATIONS
A. L. S. Autograph letter signed.
Bull. Bulletin.
Col. Collections.
Com. Commission.
Co. Company.
D. S. Document signed.
Hist. Historical, History.
Lib. Library.
L. S. Letter signed.
Mag. Magazine.
MS. Manuscript.
Misc. Miscellaneous.
Pub. Public.
Rec. Records.
Rept. Report.
Soc. Society.

*Document will be published in this series.

Addenda et Corrigenda
Table of Explanations

~ over a word indicates a contraction or an omission of letters.

* * * * * indicate an unintelligible word or part of a word in the manuscript, there being approximately as many asterisks as letters in the word.

[  ] inclose words or letters which are doubtful in the manu- script; also, in a few instances, inclose words or letters reduplicated in the manuscript.

[  ] inclosing words in italics indicate explanations by the editor; also, in a few instances, italics indicate letters supplied by the editor to complete a word.

A line drawn through a word or a part of a word indicates a word or letters canceled in the manuscript.

∥  ∥ inclose words interlined in the manuscript by the reviewer.

§  § inclose words interlined in the manuscript by the copyist.

——— indicates words underlined in the manuscript.

THE COURT BOOK

VOLUME 1, 1619–1622

Records of the Virginia Company of London
28 APRILL 1619 A Quarter Court held for Virginia at Sr Thomas Smiths howse in Philpott Lane 28 of Apr9 1619 Present Right hono:ble͠

Sr Thomas Smith knt Thr̃er.
Sr Edwin Sandis. Sr Nath. Rich. mr Wm Bell.
Sr Iohn Dãuers. Sr Io: Wolstenholme. mr Humfry Handford.
Sr Iohn Merrick. Sr Wm Russell. mr Rich: Rogers.
Sr Dudley Diggs. Sr Tho: Wilford. mr Iohn fferrar.
Sr Nicholas Tufton. mr Aldr̃an Iohnson. mr Clitheroe.
Sr Samuell Sandis. mr Morrice Abott. mr Caning.
Sr Henry Rainsford. mr Thomas Gibbs. mr Ditchfeild. Cr.
Sr Robt Wayneman. mr Thomas Stiles.
Sr Tho: Cheeke. mr Wm Greenwell.

The last Court referring the duty appertayning to every perticuler Office to be considered and prepared against the Quarter Court by a select Comittee, they haue therein taken extraordinary paines: And according as they were desired haue attended the ll͠s and receaued their approbac̃on of the orders by them conceiued: Wch orders were now presented to the Court; where after they were twice read, (being putt to the question) they were confirmed by a Generall erecc̃on of handℯ 1

For a draft of this report see List of Records, No. 105, page 133 ante.

.

This Quarter Court according to the Lr̃es Pattents being chiefly ordayned for the elecc̃on of Officers: Mr Tr̃er desired the Court that before he left his place, he might acquaynt them wth two messages Lately rec̃ from the King: The one was, that he receaued a ɫre from mr Secretarie Caluert that his Matie had sent a man vp suspected for Deere stealing, to be transported for Virginia; and vnderstanding that Mr Iohn fferrar had a shipp shortly to goe thither, ∥ desired ∥ that his Mats resoluc̃on might be fulfilled therein. The other was, that this morning there came a messenger of the Chamber to vnder- stand of the welfare of the Plantation, his Maty hauing heard that a Shipp was come from thence: And so desired the Court to proceed to the choice of their Officers, signifying that for these Twelue yeares he hath willingly spent his Labors and endeauors for the support thereof: and being now appointed by the Kinge a Comissioner of his Nauie he could not giue such good attend- ance as he therein desired. Requesting the Court to shewe him so much fauor as now ∥ to ∥ dispence with him, and to elect [2] some worthy man in his place, for he had resolued to relinquish it, and therefore desired that two requests might be graunted him for all his service done vnto them. ffirst that he may ∥ might ∥ haue their good report according as he hath deserued: And secondly that his account might be wth all speed audited, that before he dyes, he might see the same cleered, and receiue his Quietus est vnder the Companies seale. Wch the Cort finding his resoluc̃on to be settled, and that he would not stand in elecc̃on; they proceeded according to the Last Standing order now read, to make choice of their Treasuror Sr Edwin Sandis, Sr Iohn Wolstenholme and mr Aldr̃an Iohnson being nomi- nated and accordingly ballated, the Lott fell to Sr Edwin Sandis to be Tr̃er, he hauing 59 balls, Sir Io: Wolstenholme: 23: and Aldr̃an Iohnson: 18: wherevpon his oath was administred. 2

For documents relating to this election see List of Records, Nos. 108 and 170, pages 133 and 140, ante.

Proceeding to the elecc̃on of the Deputy, there was nominated mr Alder̃ Iohnson, mr Xofer Cletheroe, and mr Iohn fferrar, who being bal- loted mr Iohn fferrar was elected Deputy for the ensuing yeare by hauing 52 balls, mr Aldr̃an Iohnson 29, and mr Christopher Cle- theroe ten; vpon wch the said mr Iohn fferrar had his Oath giuen.

Next the Court proceeded to the elecc̃on of the Comittees, wch was performed according to the Standing order now read, one fourth part being nowe elected, and the rest by erecc̃on of hands confirmed, Their names be these,

mr Raphe Gore. mr Edw: Ditchfield. mr Caswell.
mr Wm Caninge mr Geo: Smith. mr Paulson.
mr Palmer. mr Dan: Darnelly. mr Keightley.
mr Wm Essington. mr Ri: Morer. mr Chambers.
mr Tho. Wheatley. mr Berblock. mr Wiseman.
mr Barnard

In like sort for Auditors the Court now haue made choice for the suc- ceeding yeare of Sr Io: Dãuers, mr Io: Wroth, mr Essington, mr Io: fferrar, mr Briggs, mr Wiseman and mr Chambers, who taking their Oaths, all saue mr Iohn Wroth who was absent, they or any three of them were desired to bestowe some extraordinary paines in the expe- diting of the Acco wch they haue promised to performe.

Valentine Markham Bookeeper
William Webb Husband Was confirmed in their former places and tooke each of them the same Oath.
ffrancis Carter the Officer Cr
Henry ffotherby Secretary

Vpon the absence of Sr Tho: Smith the Court was moued by Sr Edwin Sandis now Treasuror, that in considerac̃on of the greate trouble [3] mixed often with much sorrowe wch Sr Thomas Smith had endured, during the terme of Twelue yeares past from the very infancy of the Plantac̃on vnto this present, and had now surrendred vp his place at such time as (by the blessing of God) there was hope that the Action might proceed and prosper if it were followed wth care and industry requisite for soe greate a busines; That therefore in some sort according to their abillities, it were fitting to express their thank- fullnes for his good endeauours in conferring Twenty shares vpon him: wch being put to the question, it was agreed he should haue Twenty greate shares and was confirmed vnto him by a Generall erecc̃on of handes.

This Court was acquaynted, that the Lord of Salisbury desired the admittance of Captaine 1

A blank space in the manuscript.

Brett into this ffellowshipp, and to that end his Lõp hath giuen him Two of his shares in Virginia, requesting that he might be suffered to sitt in the Courtℯ, and as occasion serueth to sollicite his busines. Wch the Court hath willingly graunted vnto him, so as the same be donne according to the orders of the Company.

Vpon the request of Captaine Daniell Tucker for this Court to con- ferr 20 shares vpon him for his fiue yeares service spent in Virginia, aswell for his personall Adventure, as for the severall Offices and eminent places wch there he held and executed, as namely, Capemer- chant, Prouant Mr, one of the Counsell, Truck Mr and Viceadmirall, wherein by reason of shortnes of time, was now referred to the Gen- erall Comittee to giue him reward as they shall thinke fitt.

MAY THE 12th1619 A Court held for Virginia at Mr. Ferrars Howse in St. Sithes Lane, Being Present

The Right hoble͠ The Earle of Southampton.
The Earle of Warwick.
Sr Edwin Sandis Knt Tr̃er.
Sr Dudley Diggs. mr Io: fferrar Dp̃ty. mr Wheatly.
Sr Io: Dauers. mr Thorpe. mr Swinhowe
Sr Hen: Rainsford. mr Tomlins. mr Chambers.
Sr Edward Harwood. mr Dr Gulston. mr Hen. Briggs.
Sr Nath: Rich. mr Oxenbrigg. mr Berblock.
Sr Io:Wolstenholme. mr Tho Gibbs. mr Geo: Smith
Sr Tho: Wroth. mr Rogers. mr Meuerell, etc.
Sr Tho: Wilford. mr Nicho fferrar.
mr Iohn Wroth. mr Gabriell Barbor.

It was propounded by mr. Tr̃er that for as much as there hath beene heretofore two seuerall Comittees appointed by the Court; The first for making of Orders for the Company, & for matter of Graunts and Pattents of Land; And [4] the other for the setting downe the duty of euery perticuler Office, that therefore whither they thought it not expedient, that there should be a third Comittee appointed to take the labors of both the former Comittees into considerac̃on, who by adding them together, and supplying what may seeme defectiue, may reduce them into one entire body to be presented to the next Quarter Court for confirmac̃on if they shall see cause. Wch Proposic̃on the Court haue condiscended vnto, and to that end haue desired

Sr Dudley Diggs. Sr Iohn Wolstenholme.
Sr Edward Harwood. mr Alder̃ Iohnson &
Sr Nath: Rich. mr Iohn Wroth.
to meete vpon ffriday seavenight being the 21th of this instant at Sr Edwin Sandis howse at seauen of the Clock in the morning.

Mr. Treasurors second Proposic̃on was, that there might be another Comittee for the constituting of Lawes and setling of a forme of Gov- ernemt ouer all Virginia, appointing Magistrates and Officers there- vnto, and expressing their seuerall dueties: wch the Court generally did very well approue of and haue nominated the former Comittee, and licenced any of the Counsell to repair vnto them, and to haue their voice, and haue added of the Company to be assisting Sr Thomas Wroth, mr Thomas Gibbs, mr Dr Gulson, Captaine Bingham, mr Wm Essington, mr Edward Ditchfield, mr Thomas Kightley, mr Wm Caninge, mr Henry Briggs and mr. Thomas Wheatley to meet at the same time and place vpon ffriday ffourtenight being the 28th of this instant.

Mr. Thr̃er intimated to the Court, that whereas Sr Thomas Smith at the resigning vp his place should report that there was —4000li for the new Treasuror to enter vpon, he now signified that it was true if the Lotteries were dissolued and the account giuen vp: but in the interim there resteth but One thousand poundes in Cash the rest in Stock remayning in the hands of him that hath the managing of the busines, and out of this there is debts to pay, and wch shortly wilbe due to pay the some of—3700li—vĩztt old poun debts of Ten yeares old 1800li— and att the returne of the Shipps Sr Geo: Yeardley went in, and the other wherein the Children was transported will amount to—1148li— as also 700li—wch is owing to the Collecc̃on mony, wch by warrant hath beene yssued out for the vse of the Company; And therefore it was putt to the question whither the Stock remayning should goe or not to the payment of the Companies debts, wch was by erecc̃on of handℯ allowed that it should. And further agreed that the remaynder should be employed either in sending men to the Publique Land to rayse benefitt that wayes or in transporting of Cattle, wch hereafter may seeme fittest.

And forasmuch as there is now remayning in the hands of Gabriell Barbor much old plate wch if the Lottaries were finished, the Com- pany thereby should sustayne great Losse: It was therefore now ordered (vnlesse some can giue iust informac̃on of any perticu- ler abuse) that the same shall continue to be drawne out till the last of Nouember next ensuing & then to cease and determine. [5] And forasmuch as Sr Thos. Smith is very importunate for the speedy auditing of his Acco and to that end hath desired some others to be associated vnto the Auditors namely, mr Morris Abbott, mr Humph: Handford, and mr Anthony Abdy: It is therefore ordered, that if he so please these three shalbe annexed vnto them, either as Auditors or as assistants to see the passage of the busines, that Sr Thomas Smith haue noe wrong: but if it be his pleasure to allowe of them to be Auditors, then the next Quarter Court they to take their Oaths for the preventing of all partiallity, and mr Thomas Keightly is also chosen to be associated to the Auditors and to take his oath. And in asmuch as the great paines allready spent by the Auditors hath gayned to them selues a more perfect vnderstanding than those wch shall newly enter cann be capable of. Therefore it was moued that Three of the old Auditors might be of the Coram, and that nothing should be concluded wthout two at least of their consents; Wch Proposic̃on was well allowed, and mr. Thr̃er, Sr Io: Dãuers and mr. Wroth being thereto nominated, and put to the question, it was by erecc̃on of handℯ confirmed.

Captaine Brewster hauing formerly by way of appeale deliuered vnto the Court a certaine writing touching the proceedings of Captaine Samuell Argoll against him at the arriual of the Neptune in Virginia, and the manner of his tryall, and being at this Court ready to mayn- tayne the same, and to obiect other grievances against him, he was wished rather to forbeare till the said Captaine Argoll were prsent: and in the interim haue thought it convenient to deliuer vnto the said Captaine Argoll a coppy of the said writing of Appeale to make answere vnto the same, and haue appointed him to put in his other Articles vpon ffriday morning next to mr Thr̃er and mr Deputy to be by them pervsed and deliuered into the next Cort, and the next Quarter Court to heare the Appeale.

Lieftenant Stokes made request vnto the Court, that they would please in reguard of the Adventure of his person and his Long time spent in Virginia to bestowe some Land vpon him there for the same; wch they found to be now noe convenient time for that purpose; but if at ye next Qr Court he procure it to be moued for him, that Court will take thereof due considerac̃on.

MAY THE 11619

Sr Edwin Sandis Knt Thr̃er.
Sr Edward Harwood. mr Nich: fferrar. mr Geo: Smith.
Sr Io: Dãuers. mr Berblock. mr Bland.
mr Io: fferrar Dpt. mr Hen: Briggs. mr Caswell.
mr Geo: Thorpe. mr Wiseman. mr Sparrowe.

A Comission was now sealed to Iohn Iohnson Mr of the Bona Noua for to take his passage from hence in that shipp to Virginia. [6]

Letters procured from the Lordes of the Counsell to the Company of Grocers and signed by Pembrooke, Southampton, Exeter, Zouch, Carey and Digby was now sealed and referred to mr. Deputy fferrar to deliuer it to the said Company.

Notice being giuen of a new Pattent which one 1

A blank space in the manuscript.

Sumerscales was about to take about Tobacco: the Cort desired mr Thr̃er to speake wth mr Atturney generall, and to learne whither the same be any way preiudiciall to the Company or not.

MAY THE 26th 1619

Present
Generall Cæsill. mr Tho: Gibbs. mr Wm Palmer.
Sr Edw: Sandis. Capt. N: Butler. mr Swinhowe.
Sr Io: Wolstenholme. mr Oxenbrigg. mr Berblock.
Sr Tho: Wroth. mr Rogers. mr Conell.
mr Alder Iohnson. mr Tho: Cañon. mr Meuerell.
mr Io: Wroth. mr Essington. mr Caswell.
mr Io: fferrar Dp̃t. mr H: Briggs. mr Roberts etc.

It was made knowne by mr Treasuror, that the two Comittees appointed by the last Court for the reducing of the Standing orders into one entire body, and for setling a forme of governement, and magistracy in Virginia: The first haue mett as they were desired, and at the next meeting hope to make an end, & present them to the Quarter Court ensuing: ffor performance thereof haue desired further reference of the second Comittee till ffriday after this Quarter Court, because being a busines very waighty, it can not so soone be well digested; but they will prepare and make them ready for the approbac̃on of a Quarter Court in Michaelmas terme.

The busines formerly putt to arbitrement, and referred by the Com- pany and the Lady Lawarre vnto mr. Thomas Simonds and mr Thomas Westrowe touching the fraight of the Neptune, and the Acco of Rich: Beomonnt mr and Part-Owner being concluded by the Arbi- trators, and the perticulers now read, receiued the confirmac̃on of the Court: Vpon wch mr Thr̃er paid the mony, and tooke in the Charter party.

Captaine Brewster hauing deliuered Articles obiected against Captaine Samuell Argoll touching his governement in Virginia, to mr Treasuror and mr Deputy, as the Last Court required, the same was now pre- sented: Vnto wch order is giuen that Captaine Argoll haue a coppie of them, as also of the writing of Appeale formerly deliuered in that he make answere therevnto: And also that the said Captaine Samuell Argoll (against the next Quarter Court) be warned to bring in his writt of discharge.

The Last Court wherein mr Thr̃er was desired to repaire to mr Atturny Generall to learne the Contents of a Pattent wch should be graunted [7] to one Sumerscales about Tobacco. He now acquaynted them that he had performed that trust, and findeth it to be very preiudiciall to this Company, if the same should passe therefore advised that there might forthwth be a course taken for to prevent and stopp the proceeding of it: wch being taken into considerac̃on, the Court haue desired mr Tr̃er to goe againe to mr Atturney Generall and to take some more paines for to hinder the going forward of the same, and haue associated to goe along wth him Generall Cecill, Sr Io: Wolstenholme, mr Alder̃ Iohnson and mr Iohn Wroth to morrowe morning at seauen of the Clock, and if they faile of doing good therein, it is agreed, that the Counsell shalbe assembled to take such further course therein as shall seeme requisite mr Wm Palmer was desired to write to mr Sumerscales to meete them at that hower at mr Atturnies.

It was also by mr Tr̃er propounded to the Cort as a thing most worthy to be taken into considerac̃on both for the glory of God, and honor of the Company, that forasmuch as the King in his most gracious fauor hath graunted his L̃res to the seuerall Bishops of this Kingdome for the collecting of monies to erect and build a Colledge in Virginia for the trayning and bringing vp of Infidells children to the true knowl- edge of God & vnderstanding of righteousnes. And considering what publique notice may be taken in foreslowing to sett forward the acc̃on, especially of all those wch hath contributed to the same, that therefore to begin that pious worke, there is allready towards it —1500li,—or thereabouts, whereof remayning in cash 800li, the rest is to be answered out of the Stock of the Generall Company for so much wch they borrowed, besides the likelihood of more to come in; ffor mr Treasuror hauing some conference wth the Bishop of Lichfield, he hath not heard of any Collecc̃on that hath beene for that busines in his Diocese; but promiseth when he hath a warrt therevnto he will wth all dilligence further the enterprize; Wherevpon he conceaued it the best fittest; that as yet they should not build the Colledge, but rather forbeare a while; and begin first with the meanes they haue to provide and settle an Annuall revennue, and out of that to begin the erecc̃on of the said Colledge: And for the performance hereof also moued, that a certaine peece of Land be Laid out at Henrico being the place formerly resolued of wch should be called the Colledge Land, and for the planting of the same send presently ffifty good persons to be seated thereon and to occupy the same according to order, and to ∥haue∥ halfe the benefitt of their Labor and the other halfe to goe in setting forward the worke, and for mayntenance of the Tutors & Schollers. He therefore propounded that a Shipp might be prouided against the begining of August, to carry those ffifty men wth their prouisions, as also to send ffiftie persons more to the Com̃on Land wch may raise a Stock for the paying of dueties there and defraying the Companies charge here, and to send provision of victualls wth them for a yeare: And for the defraying the charge hereof did also propound the meanes; first for the Colledge there was mony in Cash, and besides it may saue the Ioint stock the sending out a Shipp this yeare, wch for 4d a pound they will bring from thence all their Tobacco wch may arise to ffive hundreth poundℯ besides mony that may come in otherwise to [8] helpe to beare the charge of the voyage; Wch Proposic̃on was well liked but the time and season not allowed of all; and by some obiected, that the Generall Plantac̃on should receaue much mony if more men were sent ouer soe sodaynly before those that are allready gone haue procured wherewthall to subsist; as also being a matter of greate consequence it did more propperly belong to the deciding of a Quarter Cort: but the former reasons being answered; and being further alleaged if it were till then prolonged the time would be past for their provisions of beefe, beere, and meate. Wherevpon after Long arguing and disputing thereof it was agreed to be putt to the question; Wch being propounded whether a shipp should be sett out to carry men for these two good vses and be sett out at the publique charge—(vizt) wth 50 Passengers for the Colledge Land, and 50 for the Com̃on Land, it was by generall consent, and erecc̃on of handℯ allowed and confirmed.

One mr Weyncop comended to the Company by the Earle of Lincolne intending to goe in person to Virginia, and there to plant himselfe and his Associats presented his Pattent now to the Cort; wch was referred to the Comittee that meeteth vpon ffriday morning at mr Treasurors howse to consider and if need be to correct the same.

IUNE THE VIJth, 1619. A Preparatiue Court held for the Virginia Company at Mr. fferrars Howse in St Sithes Lane.

Present
Sr Edwin Sandis Knt Thr̃er.
Sr Iohn Dãuers. mr Ri: Tomlins. mr Hen: Briggs.
Sr Nath. Rich. mr Hen: Reignoldℯ. mr fferrar iunior.
mr Io: Wroth. Capt Io: Bingham. mr Bamford.
mr fferrar Dpt̃. Capt Io: Bargraue. mr Berblock.
mr Dr Anthony. mr Robt: Smith. mr Caswell.
mr Tho: Gibbs. mr Edw: Ditchfield. mr Iadwine etc.

The standing lawes and orders formerly allowed and confirmed by diuers Quarter Courts touching the graunts and Pattents of Land, and the duty appertayning to euery perticuler Office, being reduced by a Comittie into one entire body; vnto wch the Counsell being assembled, haue allowed thereof, and being now presented to this Court, was red for the preparing them for the confirmac̃on of the Quarter Court ensuing.

Whereas the writt of Appeale put in by Captaine Brewster against Capt. Samuell Argoll is to be answered at the next Quarter Court, wch depends more vpon matter of Lawe then fact: and being a [9] question whither Marshall lawe be a iustifiable proceeding in such a Crime, Order was giuen that the L̃res Pattentℯ might be ready at that time to collect what Light they can touching the same.

And forasmuch as about the time of the Graunt of the first L̃res Pattents, there were also Instrucc̃ons giuen by his Maty vnder the Priuy seale to the Treasuror and Company of Virginia, for the gov- erning of the Plantac̃on, A coppie of wch mr Treasuror hauing now founde in the Ancient Court Rowles wch before he neuer heard of; And inasmuch as they are to be proceeded in wth greate care and advise, Sr Tho: Smith is desired (if it may be) to send in the Originall.

A petic̃on was preferred by Capt Bargraue touching his suite com- enced in the Chauncery against the Adventurers of the Ioint stock, was referred to a Comittee, viz to mr Tomlins, mr Rogers, mr Bamford, mr Briggs mr fferrar Iunior, mr Berblock or any three of them to meete at this place to morrow at two of the Clock in the Afternoone.

By order of Court, vnder the Seale of the Company mr Lott Peere receiued his Quietus est for his imployment in the ffiue shillings Lot- tery, by two seuerall Accountℯ, and had paid Sr Edwin Sandis Thr̃er for the foote of one Acco—116—9—11—and for the foote of his other Account—34—15—8—.

That mr Thr̃er moue the Quarter Court to take order for the paying of prizes in the Lottery.

The Auditors made allowance of Twelue single shares of Twelue poundℯ ten shillings apeece belonging to sundry Adventurers, all of them being passed ouer to the parties herevnder named

to Richard Boothbie merchant.
to Dr Thomas Winstone.
Dr Lawrence Böhun fiue shares of 12:10:a peece. to Hugh Windham Mercht.
to Iohn Tucker Merchant.
to Iohn Strange.

IUNE IXth 1619 A Quarter Court held for Virginia at Mr Ferrars howse in St Sithes Lane Present

The Right honoble͠ Henry Earle of Southampton.
Robert Earle of Warwick.
The Lo: Cauendish. mr Alder. Iohnson. Capt: Na: Butler.
The Lo: Pagett. mr Io: Wroth. mr Hum: Handford.
Generall Cecill. mr Geo: Sandis. mr Wm Bell.
mr Treasuror. mr Morrice Abbott. mr Rich: Rogers.
Sr Tho: Smith. mr Io: Ferrar Dept̃. mr Antho: Abdy.
Sr Io: Merrick. mr Tho: Gibbs. mr Wm Essington.
Sr Dudley Digges. mr Hen: Reignolds. mr Wm Caninge.
Sr Io: Dãuers. mr Rich: Tomlins. mr George Swinhowe.
Sr Tho: Gates. mr George Thorpe. mr Steward.
Sr Wm Thrickmorton. mr ∥Wm∥ Oxenbrigg. mr fferrar iunior.
Sr Nath: Rich. Dr ffran: Anthony. mr Ditchfield.
Sr Antho: Auger. Dr Gulstone. mr Hen: Briggs.
Sr Tho: Cheeke. Dr ∥Fr Thomas∥ Win- stone. mr Wiseman.
Sr Io: Sams. mr George Chambers.
Sr Io: Wolstenholme. Capt Samuell Argoll. mr Wheatly.
Sr Wm Russell. Capt Bargraue. mr Shepherd.
Sr Tho: Wilford. Capt Tucker. mr Cranmer.
Capt Io: Bingham. mr Boothby.
Capt Brewster. mr Buckeridge.
Capt Whitner. mr Berblock.
mr Wm Palmer etc.

The standing lawes and orders for the Company being reduced by the Comittee into an entire body, and by them presented to the Counsell, who approuing of them, and hauing beene afterward read to the Pre- paratiue Cort, and now to this greate and generall Cort, not any Lawe was contradicted saue one, the Chapter of Auditors concerning the old Acco depending in Audite, wch Sr Tho: Smith tooke some excepc̃ons, that three or fower should now contradict that account, whereof 16 worthy and sufficient men allowed, and the party in Court that writt the same, who would be deposed vpon his Oath that it was the same then made and written: And therefore made two requestℯ; first, that this Account may stand, and the Auditors to proceed from thence, if noe iust excepc̃ons can be taken against it. And secondly that by reason of his extraordinary busines, dishabillity in body, and he because he would be ready to answere to any difficulty, requested, that the Audite might be kept at his howse, and to goe forward wth the Acco of the Cashe, wch he onely is ingaged for and noe other; And what damage appeareth hath beene done to the Company by such Officers as he trusted he will satisfy to the vttmost: But vpon profes- sion that the said lawe was not to preiudice or debarr Sr Thomas Smith from the benefitt of the said old Accompte, they were agreed to be putt to the question: Wch being done, they were generally con- firmed by erecc̃on of handℯ.

Afterward vpon the exhibiting of a writing signed by ffower of the Auditors in answere of Sr Thomas Smiths moc̃on touching the sayd Account; Sir Thomas Smith vpon pervsall of the said writing and to giue all men satisfacc̃on, gaue his consent that the present Auditors should pro- ceed wth his Account from the beginning: And touching the keeping of [11] the Audite at Sir Thomas Smiths howse being disliked by the Auditors, and obiected by some of them, that howsoeuer they might haue vse of Sr Thomas Smith, yet they should 1

Written over "would" in the manuscript.

have more vse of Sr Edwin Sandis by reason of his experience therein, whose busines would not permitt him to come so farr. Wch was answered by Sr Thomas Smith, that others might be found to haue as much experience in Accounts, as he, and be more fitter in reguard of his greate busines: Yet notwthstanding to determine this Controuersy, he would referr him- selfe to the most voicℯ of the Auditors, whither they would be willing to meete at his house or not. The moc̃on being well liked, it was ordered, that the seauen Auditors chosen by the Quarter Court of elecc̃on, and fower others by a former Court annexed vnto them, and allowed at this (so that they take their Oaths) namely, mr Morris Abbott, mr Humphrey Handford, mr Antho: Abdie and mr Thomas Kightley doe assemble vpon Munday morning at Sr Edwin Sandis about the Accomptℯ, and there to appointe the time and place of meeting, and to adiourne it from time to time as they shall see cause.

A former Act of Court made 26to die Maij, touching the setting out a shipp wth one hundred men for the Colledge and publiq̢ Land, was now agayne propounded by mr Thr̃er: Wch being putt to the question, receiued the confirmac̃on of the Court; and agreed that the said shipp should be ready to sett out soone after the middest of July at the fur- thest, that by the blessing of God they may ariue there by the end of October, wch is the fittest and seasonablest time for men to doe some busines.

Captayne Brewsters appeale against Captaine Samuell Argoll touch- ing his condempnac̃on in Virginia being referred to the hearing of this Court; and now questioned by the said Captaine Brewster whither he were Gouernor or noe, imagining that at their Landing he had receaued his writt of discharge; and if it were so whether he dealt iustly, proceeding as he did against him in Marshall Lawe, being onely in case of muteny and rebellion that the same should be executed. Touching the point whither he were Gouernor or noe, it plainly appeared by a L̃re sent vnto him (wch the said Captaine Argoll now produced) signed by some of the Counsell and Company, that at the Landing of the Lo: Lawarr in Virginia, he should surrender vp his place; Wch seeing it pleased god to take his L̃ops Life from his mortall body before he Landed there, this point stood cleere that he remayned Gouernor, in statu quo prius. ffor the other point whether iustice were executed in performing his tryall by Marshall Lawe, because the Court found it more convenient for the busines to be more priuately handled, it was ordered, that the Counsell should be summoned to meete to morrow morning at my Lo: of Warwickes house at eight of the Clock there to decide the business and report to the Court.

This Court taking into considerac̃on the worthynes of some Noblemen and others now present by giuing their dilligent attendance from time to time to the benefitt and furtherance of the Plantac̃on, as namely the Right honoble Robt Earle of Warwick, Sr Tho: Cheeke, Sr Nath: Rich, mr John fferrar deputy and Captaine Nath: Butler haue now [12] made choice of them to be of his Mats Counsell for Virginia, and each of them being putt to the question was generally ratified by erecc̃on of handℯ, and are appointed to ∥attend∥ my Lo: Chamberlaine for the taking of their Oaths.

The request of diuers of the Generallity to the Tr̃er, Counsell and Company of Virginia being presented at this Court, touching the reforming and rectifying of the Magazine busines, was vpon pervsall allowed of, and being putt to the question ratified by erecc̃on of handℯ; Wch points are these that followe,

fforasmuch as it appeared, that there was more busines to be per- formed then this Afternoone could well determine; It was moued that if mr Thr̃er hereafter shall finde the like, that then he may please to giue order for the Company to meete both fforenoone & After- noone, wch was referred to be considered of by the Comittee for the Standing orders.

By reason it grewe late, and the Court ready to breake vp, and as yet mr Iohn Whincops Pattent for him and his Asso- ciats being to be read, it was ordered that the seale should be annexed vnto it, and haue referred the trust thereof vnto the Auditors to examine that it agree wth the Originall; wch if it doth not, they haue promised to bring it into the Court & cancell it. [13]

A former Comittee appointed concerning Captaine Bargraues busi- nes, the matter being found difficult, and the time short, The Court vpon another petic̃on preferred by Capt Bargraue haue adioyned vnto them Generall Cæsill, Sr Dudley Diggs, Sr Tho: Cheeke, Sr Iohn Dãuers, Sr Nath: Rich to meete at Generall Cæsills howse to morrowe Afternoone at two of the Clock; And that Mr Aldr̃an Iohnson, mr Essington & mr Ditchfield be warned to be there at that time.

IUNE THE 14th 1619

Present
Sr Edwin Sandis Knt Thr̃er.
Sr Dudley Diggs. Capt. Bingham. mr Chambers.
Sr Io: Dãuers. Capt. Bargraue. mr Wheatley.
Sr Tho: Gates. Capt. Butler. mr Shepherd.
Sr Nath: Rich. Capt. Brewster. mr Kightley.
Sr Io: Samms. mr Dr Anthony. mr Berblock.
mr Iohn Wroth. mr Dr Gulson. mr Caswell.
mr fferrar Dpty. mr Canñon. mr Geo: Smith.
mr Hen: Reignoldℯ. mr Hen: Briggs. mr Sparrowe.
Capt. S. Argoll. mr Wiseman. mr El: Roberts etc.

At this Court mr Iohn Wroth, mr Morris Abbott, mr Humphrey Hand- ford mr Anthony Abdie mr Wm Essington and mr Thomas Keightley were now sworne Auditors for the Virginia Company.

The Guift being now returned from Virginia and hauing brought ɫres from Sr George Yeardley directed to Sr Edw: Sandis intimating the sore voyage they had; being going thither from the 19th of Ianuary to the 19th of Aprill following, In wch time there dyed 14 Landmen and three seamen as also that two children was borne at sea, & dyed, and at his there ariuall finding the Plantac̃on to be in great scarsity for want of Corne, desired the Company to beare wth him, if ∥for∥ this yeare he some thing neglected the planting of Tobacco, and followe the sowing of Corne, where by the next yeare he hopes by the blessing of God to raise such a Cropp thereof, that the said Plantac̃on shall haue noe greate cause to complaine in hast of want. Other priuate busines mr Thr̃er acquaynted the Court was specified in his L̃res, wch is first to receaue the advise of the Counsell, and by their direcc̃ons to reveale it to the Court. 1

This is probably the letter given in List of Records, No. 93, page 131, ante.

It was moued by mr Thr̃er, that the Generall Comittees should forth- with meete for the setting out this shipp, and furnishing of her wth good people to be sent to the Colledge and publique Land, wch hitherto by defect thereof, the Plantac̃on hath beene much wronged: wch [14] if the Court would put them in trust for the prouiding of such, they would intreate the Gentlemen both of Country and Citty to helpe them therewith. Wch moc̃on the Court comended and haue desired mr Thr̃ers assistance therein.

The Counsell hauing mett according to order from the Last Court; touching the appeal of Captaine Brewster against Captaine Samuell Argoll, the Court hauing cleered one point concerning his Gouernor- shipp, and the Counsell now approuing of the other for his tryall by Marshall Lawe, holding Captaine Argoll not faulty therein, by reason he proceeded and followed the example of his Predecessors, and the Custome altogether vsed hetherto in that Plantac̃on, wch is likely to continue till the standing orders for Virginia be made and enacted; and he being tryed by a Marshall Court, the Counsell held it to be the Noblest tryall being iudged by Souldiers and men of worth. But forasmuch as it is obiected that the said Captaine Argoll proceeded vnduely, Capt Brewster comitting noe crime worthy of death, and being also alleaged that he was first condempned and afterward called vnto his Answere, wch the Counsell and Court here cann not iudge of, but is to be tryed there, where the euidence may be giuen; It was therefore now ordered, that the said Appeale and Captaine Argolls answere therevnto shalbe sent inclozed wthin a ɫre of the Companies to Sr George Yeardley and the Counsell of State, and they to make examinac̃on of the cause and returne Certificate thereof. An oath was also exhibited by Captaine Brewster, wch was administred vnto him in Virginia, wch is also agreed to be sent for informac̃on of the truth thereof.

The Comittee by the Court appointed vpon the petic̃on of Captaine Bargraue, touching the suite depending in Chauncery betwixt him and some Adventurers of the Magazine, the same Comittee meeting at the time and place appointed, and considering thereof hauing both bill and answere, and the booke of the Orders of Courts, who pervsing the same, and finding that Capt. Bargraue had 14 dayes respite for giuing security to the Adventurers, and wth in six dayes the bargaine was taken of his handes, for wch he was to allowe vnto the Adventurers, —150li wth a promise that if it were sold for aboue ffiue shillings a pound, he should haue the Ouerplus: but being all sold by some of the Ad- venturers of the Magazine amongst themselues wth in two dayes after at— iiijs ixd it was conceaued by the said Comittee, that the said Capt Bargraue had much wrong offered therein: and therefore did see noe reason why the Company should countenance this busines, but leaue the Defendts to followe it; or to take the matter vp amongst themselues. Wherevpon after some debating, being putt to the question whither the Virginia Company should ioyne or noe in suite against Capt Bar- graue wth the Defendants, It was agreed by erecc̃on of handℯ that not- wthstanding any order to the contrary, the said Company should neither ioyne nor assist the said Defendants herein. And that vpon Wedens- day sevenight, when the said Adventurers of the Magazine doe meete, it be putt vnto them to see likewise if they will vndertake the same.

[15] It was agreed that Mr Aldr̃an Iohnson, and the rest of the Adventurers and Officers of the Magazine should be warned agaynst Wedensday sevenight to meete at mr fferrars howse. and to haue the Acco ready to be deliuered in vpon their Oath.

It was moued by mr. Thr̃er that the Court would take into considera- c̃on to appoint a Comittie of choice Gentlemen, and other of his Mats Counsell for Virginia concerning the Colledge; being a waighty busi- nes, and so greate, that an Account of their proceedings therein must be giuen to the State. Vpon §wch§ the Cort vpon deliberate considerac̃on haue recom̃ended the care thereof vnto the Right wor Sr Dudley Diggs, Sr Iohn Dãuers, Sr Nath: Rich, Sr Io: Wolstenholme, mr Deputy fferrar, mr Dr Anthony, and mr Dr Gulson to meete at such time as mr Treasuror shall giue order therevnto.

fforasmuch as the standing Lawes and orders concerning the governe- ment of Virginia being finished by the Comittee to whome they were recomended, and passed the seuerall Ceremonies according to the orders of the Company, It was moued that the second Comittee for the setling of Lawes & Magistracie might be summoned by the Officer to meete at Sr Edwin Sandis his howse vpon ffriday morning next at eight of the Clock, and there to devide the busines amongst themselues as they shall see cause: Wch the Court thought very con- venient, and haue allowed thereof.

Also vpon a moc̃on of the Susans voyage to be audited, and the com- plaint of the Generallity in some abuse offred by the Ioint stock to be rectified; The ordinary Auditors are warned to meete therevpon vpon Munday morning at eight of the Clock at mr Treasurors howse.

It was agreed vpon the moc̃on of Sr Dudley Diggs and Sr Thomas Gates vnto the Court about a Pattent to be graunted vnto sundry Kentishmen, who would seate and plant themselues in Virginia, that they should haue as Large priuiledges and imunities as is graunted to any other in that kinde.

Vpon the petic̃on of Iohn Woodliefe gentleman (who disbursed 62—10—00 eleauen yeares since, and the like time spent in the Planta- c̃on in the place of Ensigne[) ] to haue a Pattent graunted him and his Associats whereon to plant the nomber of 200 persons to be trans- ported into Virginia before the end of Six yeares next Coming, and to haue the like priviledges to him and his Associats, in lieu aswell of his said Adventure and personall allowance, as for other his Associats who haue adventured of old: Wch the Court hath now graunted vnto him. [16]

Whereas vpon a former order, it was agreed to pay interest for a some of mony in the Companies handℯ during the minority of one Katha- rine Bath to whome the mony doth belong. The Court vpon better considerac̃on now finding it not convenient to pay Interest haue agreed to reverse the said order & to ∥pay∥ the mony where it is due.

The Court being acquaynted of one mr Robert Browne who adven- tured wth the Lo: Lawarr 25li and went himselfe in person to Virginia, and there dyed, haue now agreed wth the consent and liking of the Lady Lawarr that the [said 25li] 1

The manuscript is blotted so as to make this and the two following doubtful passages almost illegible.

shalbe deducted out of the 500li adven- ture of my Lordℯ, and so [that * * * * r] 2

Probably power or order.

be giuen to the Bookeeper for the defaulking of it out of the said 500li adventure, & passing it to the said Robert Browne by a bill [of A]dventure in his owne name. And moreouer haue agreed that for his personall Adventure he shall (according to the orders of the Company) haue 100 Acres of Land.

IUNE THE 24th 1619

Present The Right honoble The Ea. of Warwicke.
Sr Edwin Sandis Knt Thr̃er.
Sr Io: Dãuers. mr Rich: Tomlins. mr Rich: Morer.
Sr Stephen Dowle. mr Anthony Abdy. mr Geo: Smith.
mr Io: Wroth. mr Wm Caninge. mr Geo: Chambers.
mr Ferrar Dpt. mr Edw: Ditchfield. mr Rich: Berblock.
mr Tho: Gibbs. mr Robt Smith. mr: Conell.
mr Ferrar Iunior. mr Iadwin. mr Meuerell.
mr Wm Essington. mr Rich: Bull.

The order in the Last Court touching the generall Company not any way to ioyne or countenance the Defendantℯ against Capt Bargraue, here being some wch were absent at the Last Cort, and alleadging some reason why the said Company should not altogether relinquish the said Defendants, because the Generallity hauing a stock there, is therein interessed as a perticuler Adventurer of the Magazine; Wch point is referred vntill the Adventurers meete; At wch time it may be cleered whither the Adventurers shall ioyne in mayntaining that suite; [17] The Comittee by the Last Cort appoynted for the Colledge hauing mett as they were desired, deliuered now their proceedings, wch the Cort allowed of being this that followeth,

A note of what kinde of men are most fitt to be sent to Virginia in the next intended voyage of transporting One hundreth men.

A minister to be entertayned at the yearely allowance of fforty poundℯ and to §have§ 50 Acres of Land for him and his heires for euer.

To be allowed his transportac̃on & his mans at the Companies charge, and ten poundℯ imprest to furnish himselfe wthall.

A Captaine thought fitt to be considered of to take the charge of such people as are to be planted vpon the Colledge Land.

All the people at this first sending except some few to be sent aswell for planting the Colledge as publiq̢ Land to be single men vnmarryed. A warrant to be made and directed to Sr Thomas Smith for the paymt of the Collecc̃on mony to Sr Edwin Sandis Thr̃er. And that Dr Gul- stone should be entreated to present vnto my Lords Grace of Canter- bury such Letters to be signed for the speedy paying of the monies from every Diocesse, wch yet remaynes vnpayd.

The seuerall sortes of Tradesmen and others for the Colledge Land.

Smithes. Potters.
Carpenters. Husbandmen.
Bricklayers. Brickmakers.
Turners.

And whereas according to the standing order seauen were chosen by the Last Court to be of the Comittee for the Colledge the said order allowing noe more. And inasmuch as mr Iohn Wroth is conceaued by some error to be left out, he is therefore now desired to be an Assist- ant vnto them and to giue them meeting at such time & place as is agreed of.

The Comittee for ∥the∥ setling of lawes and Magistracie in Virginia haue mett as they were desired and vpon examinac̃on haue found diuers Lawes in the L̃res Pattents and good poynts in the Instrucc̃ons giuen by his Maty vnder the Privy Seals wch wilbe a greate further- ance for the setling of the busines, purposing to take such paynes therein as to present them to the next Quarter Court and to that end (because [18] most in this Vacation time resolueth to goe into the country) haue devided it amongst them selues for the better preparing of it against their next meeting.

It was moued by mr. Thr̃er that a Comittee might be appoynted to call the officers of the Lotteries before them to sett downe a Catta- logue what prizes remayne yet due and vnpaid that they may be dis- charged and one to be authorized to pay them to such as shall bring in their Ticketts, wch the Cort hath referred vnto the Auditors.

Also he moued that in reguard of great somes wch is presently to be issued out vpon this voyage, and the extraordinary busines wch the Company from time to time imposeth vpon him, that a perticuler Thr̃er might be appointed vnder him for the issuing out thereof, wch he [should] not deliuer wthout a warrant, nor the other should pay it forth wthout the like authority of a warrant to be giuen vnto him: Wch the Court haue thought fitt, because he stands engaged for it, to referr it vnto himselfe, who therein hath made choice of mr Deputy fferrar.

Stephen Sparrowes request for the personall adventures of ffower servants wch he sent to Virginia is referred to the Auditors vpon Munday morning.

William Shackley of London Haberdasher assigned to Oliuer St Iohn Two shares in Virginia.

Also Mrs Millisent Paulsden assigned to the said Oliuer St Iohn three shares in Virginia, wch the Cort haue now allowed of: Prouided that shee come into the Cort or make her Certificate of her allowance therein within this Twelue Moneths.

A controuersy arising amongst the Adventurers of the Magazine for their place of meeting, it being made knowne that mr Aldr̃an Iohnson who is the Director thereof, desired it might be at Sr Tho: Smiths, by reason he was one of the greatest and principall Adventurers and not well able to goe to any other place: but forasmuch as there is a standing order, that so long as the generall Company hath an Adven- ture in any Ioint stock, their meetings shalbe where the Generall Corts is kept: mr Thr̃er and Deputy insisted strongly for the mayntayning of the said Order, insomuch that it was answered that it were better a little to dispense wth that said order, then a Generall ffacc̃on thereby should be raysed betwixt the Company and adventurers: wch was answered by mr Thr̃er that he sawe no reason to feare any such ffacc̃on: but for his part if the Adventurers would repay to the Generall Company their Eight hundreth poundℯ they haue paid into the Magazine, they might meete in what place they pleased, and that might be done wthout breach of order, till then he was sworne to mayntayne the orders and lawes of the Company vnlesse they shalbe disanulled by the same wayes and meanes that they are [19] confirmed. But much dispute growing herein, and the Counsell all save o[ne] hauing deliuered their opinions to mayntayne the order, It was at length agree[d] that the said Adventurers of the Magazine should be warned to meete here vpon Munday next in the Afternoone at the Generall Cort to performe such things as in the Last Quarter Cort had beene ordered, concerning the Magazine and the officers thereof.

IUNE THE 28th 1619

Present Right honorable The Earle of Southampton. The Earle of Warwick.
Sr Edwin Sandis Knt. Thr̃er.
Sr Iohn Dãuers. mr Thorpe. mr Morer.
Sr Edw: Harwood. mr Tomlins. mr Couell.
Sr Nath: Rich. Capt Argoll. mr Swinhowe.
mr Aldr̃an Iohnson. mr Essington. mr Darnelly.
mr Iohn Wroth. mr Antho: Abdy. mr Wiseman.
mr Xo Brooke. mr Cartwright. mr Berblock.
mr Morrice Abbott. mr Wheatly. mr ladwine.
mr Ferrar Dpt̃. mr Barber. With others.
mr Chambers.

Vpon reading the last order in the last Court, touching the place of meeting of the Magazine Adventurers, mr Thr̃er signified to the Cort, that by reason of such contrary desires to meete a part, they could haue noe meeting wth the Adventurers at all, and therefore shewed two reasons that might induce them not to fly from the standing order: One, that the Generall Company hath twice as greate an Adventure therein, as any of the greatest perticuler Adventurers: And the other, that hetherto from time to time, their meetings haue beene at the same time and place, where and when the generall Courtℯ hath beene kept, sauing onely twice: Wch was replyed by mr Aldr̃an Iohnson Director of the Magazine, that it could not be soe convenient to meete together as in meeting a part; because at such meeting ⅓ wilbe of the Generality, but if it be for the mayntayning of the Standing order, that their meetings should be both in one place; it was not unknowne, but that Sr Thomas Smith hath offred his howse for them at any time to sitt in, who being a great Adventurer was worthy to haue a voice [as] ∥stet∥ occasion serueth amongst them; and the rather that he and some others was engaged to the Chamber of London for one thousand poundℯ, wch if they pleased to cleare them of that bond, he would consent to meete where they pleased. Wch was answered by mr Thr̃er, that one reason why they should be vndeuided, was, that from time to time they might receaue their authority from the Gen- erall Corts: and mr Aldr̃an well said, they were not tyed to a perticuler place of meeting, therefore he would be willing (if the Court should soe like of it) that they should meet sometimes at Sr Thomas Smiths, at such time as Sr Thomas Smith should haue occasion to desire to be present. And for the 1000li wch Sr Thomas Smith, Sr Iohn Wol- stenholme, and mr Alderman Iohnson standeth bound he held it not convenient to haue any Diuident till that were paid. Wherevpon many in the Court agreeing in opinion wth him, it was desired to be [20] putt to the question; wch being propounded, whither the Thowsand poundℯ should be paid, that is at interest at seauen p̱ Cent or that the Vndertakers should remayne in bondℯ, and a Diuident be made the Adventurers, by erecc̃on of handℯ was concluded, that the said vndertakers should be released, by repaying the said some of 1000li into the Chamber of London before there should be any Divident.

Next was moued by Mr Thr̃er the prosequuting of the Proposic̃on agreed of in the Last Quarter Cort, wch was, that the Magazine should imitate the order of the Company: ffirst that Officers should be yearely chosen and sworne & that §an§ a true Acc0 should be deliuered in vpon their Oaths. And first taking into considerac̃on the choice of their Director, it was propounded whither they would haue one or two, wch was agreed to haue but one; and mr Aldr̃an Iohnson being there- vnto nominated and putt to the question, was by erecc̃on of handℯ confirmed. Likewise to be assisting to mr Director, choice is now made of fiue Comittees, viztt, mr Essington, mr Rich: Morer, mr Edward Ditchfield, mr Richard Caswell, and mr Berblock. And for Auditors mr Abraham Cartwright, Mr George Chambers, Mr Henry Briggs and mr Richard Wiseman, who are desired to be at the next Court to take their oaths: and also against that time an exact Account be giuen of the State of the Cash, & what debts is owing, that (if it may be) halfe a Capitall may be deuided amongst the Adventurers.

And it was also by mr Thr̃er desired that the 340li wch the Magazine oweth to the Generall stock may be forthwth paid, he hauing such extraordinary occasion to vse mony for the setting out the shipp agreed to be sent, and what cann be proued either by order of Cort, or otherwise to be due vnto them they shall haue it paid, and therefore when the Auditors now chosen for the Magazine shall haue seene into the Accounts, they would repaire to the Generall Auditors at his howse to conclude the differences vpon Tuesday seauennight at two of the Clock in the afternoone. And against that time did also request that they would giue themselues vnderstanding of the first Magazine sett out in the Susan, that the Generall Stock may receaue the mony due vnto them vpon that voyage, and that the Account may be cleered without further delay.

Mr George Chambers in the behalfe of Martins Hundred desired the Company to make examinac̃on of some abuses offred to their Cor- porac̃on by the Mr and Marriners of the Ship, as also to rectify some wrong done vnto them by the Capemerchant: Wherevpon the Court was pleased to call before them the Marriners, administring vnto them an Oath to answere vnto such Interrogotories as shalbe law- fully demaunded of them touching Martins Hundred: wch done the examinac̃on thereof was referred to two of the Counsell and two of the Company, viztt, to mr Aldr̃an Iohnson, mr Morrice Abbott, & mr Abdy and mr Cartwright. And for wrong donne by the Capemerchant, it being not their case alone that complaynes, It was agreed that a ɫre should be written from the Counsell to Sr George Yeardley, and that Mr Chambers and others [23] 1

Pages 21 and 22 are missing from the manuscript. The catch word at the end of page 20 is "deliuer."

findeth none soe fitt and convenient for them as mr Deputy fferrars, if it pleased him to let the Company haue her, there being Cabbins and euery thing in a readines. But inasmuch as a Publique impu- tac̃on was Laid vpon him in the disputing of men to be sent to the Colledge Land, in saying that he had some priuate endℯ in solliciting it soe hard; he therefore desired to be excused, and that they would prouide some other, Least in performing their desire he should drawe some malignity therein vpon himselfe: but being vrged therevnto by the Cort, who generally cleering him of that imputac̃on he hath (through the good he wisheth vnto the Company) condiscended to their request, and referred it to the Comittees to allowe him for ffraight what they shall thinke good.

IULY THE VIJth 1619

Being Present The Right honorable The Earle of Warwick.
Sr Edwin Sandis Knt Thr̃er.
Sr Dudley Diggs. mr Dr Winstone. mr Ed: Scott.
Sr Tho: Gates. mr Dr Anthony. mr Geo: Swinhowe.
Sr Iohn: Dãuers. mr Tho: Gibbs. mr Tho: Kightley.
Sr Nath: Rich. mr Robt Offley. mr Wm Palmer.
Sr Tho: Wroth. mr Rich: Rogers. mr Wiseman.
mr Aldr̃an Iohnson. mr Wm Caninge. mr Lewson.
mr Iohn Wroth. mr fferrar Iunior. mr Iadwine.
mr Iohn fferrar Dept. mr Essington. mr Meuerell.
mr Geo: Thorpe. mr Hen: Briggs. mr Roberts.
Wth others.

The Magazine Shipp being returned from Virginia, and a Packett of wrightings receaued from Abraham Persey the Capemerchant, but not any L̃re yet receaued from Sr George Yeardley the Gouernor, the same was now presented to this Court, where in the Packett was conteyned a generall ɫre to the Adventurers, an Invoice of the goodℯ now come home, a bill of Lading, a certificate of the misdemeanor of one Showell who was sent to assist the Capemercht, a note of such goodℯ as the Country standeth in need of, an Invoice of the goodℯ Wth was Landed by the George 1617, An account of the same goods, two bills of Exch̴ to Sr Iohn Wolstenholme, and a note of mony Wch the Marriners oweth to the said Adventurers.

The Generall ɫre being now read, It was moued by mr Thr̃er, that 2 pointℯ especially therein might be taken into considerac̃on;

To wch purpose, the Court haue now appointed ffower of the Counsell, 2 of Smiths Hundred and 2 of Martins Hundred, viztt of the Counsell Sr Tho: Gates, mr Iohn Wroth, mr Deputy fferrar and Capt Argoll; ffor Smiths Hundred, mr Thomas Gibbs and mr Robt Smith; ffor Martins Hundreth, mr Geo: Chambers, and mr Wm Caninge, who together wth the Director and Comittees for the Magazine are desired to meete too morrow in the Afternoone at mr Treasurrs howse to con- sider of these Two points, & to pervse the writings, that care may be taken to redresse what is amisse.

Next according to an order made in the Last Court, mr Thr̃er required of the Officers then chosen for the Magazine, such Acco as was then comitted to their care to be perfected, and brought in as vpon this day at the furthest: but perceauing that mr Essington was gone and that noe Account could be presented, being some thing moued that from time to time they should be putt of and could haue neither paid the money wch appeareth to be due to the Company, nor that they would meete to audite the same, addressed himselfe to mr Alderman Iohnson as Director thereof, saying, he would complaine to the Lordℯ of the Counsell of it, or comence suite against him. Wherevpon mr Alderman conceauing as he afterwardℯ said he had threatned him in his owne person, replied, that he durst not, wth some other angry wordℯ he then vttered; wch some of the Counsell tooke excepc̃ons at, saying, the Court was very much wronged by it, and that if it were suffered to haue the Treasuror so vsed, there would be noe respect given vnto him, to wch the Court consented: And mr Thr̃er for his part affirmed, that he did not meane mr Alderman otherwise then as ∥he was∥ Director of the Magazine, & when he spoke of himselfe he meant the Virginia Company: Which being putt to the question, whither the Court vnderstood that he spoke perticulerly of his person, or of the Adventurers of the Magazine, it was by most voices affirmed, that they vnderstood in speaking to him, that he ment of the Maga- zine Company: And because it should not passe wthout some reproofe or acknowledgmt of his part of an error, for preventing the like here- after soe neere as may be; It was moued by mr Wm Caninge, that the Cort might presently decide it; and afterward vpon putting the ques- tion, by generall erecc̃on of handℯ agreed that the Counsell now present being the Ea: of Warwicke, Sr Thomas Gates, Sr Iohn Dãuers, Sr Nath: Riche, mr Iohn Wroth and mr Deputy fferrar should meete too morrow morning at my Lo: of Southamptons, and they together wth his Lõp to consider of mr Aldermans words and to censure him accordingly.

And because the Court could not now haue the meanes to end the differences depending betweene the Company and the Magazine Adventurers, it was desired that mr Thr̃er would please to giue order for an extraordinary Court for the determining (if it may be) [25] of the same: who hath appointed, that vpon Tuesday next in the Afternoone the Company and Officers of the Magazine be warned to meete at Sr Thomas Smithes.

Mr Alderman Iohnson being formerly chosen Director of the Maga- zine did now disclayme the same; but wthall promising that he would assist the Comittees thereof in any thing he might; but to be the Director he would not.

IULY THE 13th 1619 A Court held for Virginia at Sir Tho: Smiths howse in Philpott Lane.

Present the Right Honoble͠ The Earle of Southampton.
The Earle of Warwicke.
Sr Edwin Sandis Knt Thr̃er.
Sr Tho: Smith. mr Hen: Reignoldℯ. mr Hen: Briggs.
Sr Tho: Wainman. Capt S: Argoll. mr Wiseman.
Sr Tho: Gates. Capt N: Butler. mr Couell.
Sr Nath: Rich. mr fferrar iunior. mr Geo: Smith.
Sr Io: Wolstenholme. mr Ri: Rogers. mr Bereblocke.
Sr Tho: Wroth. mr Ro: Bateman. mr Roberts.
mr Aldr̃an Iohnson. mr Edw: Scott. mr Cranmer.
mr Iohn Wroth. mr Rich: Bull. mr Kightley.
mr Xo Brooke. mr Geo: Chambers. mr Shepherd.
mr Geo: Sandis. mr Swinhowe. mr Melling.
mr Geo: Thorpe. mr Paulson. mr Sparrowe. etc.
mr fferrar Dep̃t. mr Rich: Caswell.
mr Tho: Gibbs. mr Caninge.
mr Dr Anthony. mr Ri: Moorer.

The busines by the Last Court referred vnto the Counsell touching some vnseemely wordℯ giuen by mr Aldr̃an Iohnson vnto mr Thr̃er to be censured by them, they hauing mett as they were desired, and thereon considered, did now deliuer their conclusion into the Courte, where after a long disputac̃on and reproofe of the offence comitted by mr Alderman, & a generall cleering of mr Tr̃er by erecc̃on of [26] handℯ and euery mans testimony of the scandall imputed vnto him by mr Alder- man, that he should wrong any of the Company by vndecent language; It was agreed that for preventing the Like abuse to the Thr̃er here- after, the former Comittees, that is to say, the Lord of Southampton, the Lo: of Warwick, Sr Io: Dãuers, Sr Tho: Gates, Sr Nath: Rich, mr Io: Wroth, mr Geo: Thorpe, and mr Deputy fferrar to whome this busines was formerly referred, now adding vnto their number Sr Io: Wolstenholme, Sr Tho: Wroth, should sett downe in writing to be entred in the Court bookes the iustificac̃on wch the Court hath giuen to mr. Tr̃er; And should wth all propose to the considerac̃on of the Court the forme of some strict Lawe for the preventing of the like wrong and abuse in future tyme. 1

Some papers on this committee are given in the List of Records, Nos. 112, 113, pages 133, 134, ante.

There was also presented to the Court by the Auditors and there openly read this writing ensuing;

Whereas it hath appeared plainly that during the time, that mr Alderman Iohnson was both Deputy of the Company and Director of the Magazine diuers great somes haue beene wrongfully converted from the Cashe of the Company § to § the vse and Cashe of the Magazine, as namely the some of = 341 = 13 = 4 = of the Companies money was in May—1617—converted to the buying of goodℯ for the Magazine wch were sent in the George, and receiued by the Capemer- chant, and returned in his Acco wth the gaine of—85—8—4—And moreouer in October–1618–the Companies Tobacco growing in their Com̃on garden was sold to mr Abraham Chamberlaine for One hundreth three score and sixteene poundℯ; and that som̃e paid into the Cash of the Magazine. And whereas also there are diuers reciprocall demaunds made both by the Company and the Magazine for persons and goodes interchangeably transported by each for other: Wch Account wee the Auditors for the Company haue beene on or parts att all times desirous and ready to audite; but haue found noe corre- spondency nor disposition to the same in the Officers for the Magazine, notwth- standing or often requests and diuers orders of Courts, wch they haue neglected and broken and doe soe still persist: fforasmuch as it is very apparent vnto vs, that there is a great some of money of right due to be paid by the Magazine to the Company, wthout wch there is noe meanes for the setting out of this shipp now prepared for the transporting of One hundreth men for Generall service: And wee haue done or vtmost endeauor therein wch hath proued fruitles: Wec are inforced according to the duty of or places to present the considerac̃on hereof to yor wisdomes, that some further course may be taken for doing right to the Company, and advancing the Com̃on service thereon depending.

Subscribed: Iohn Dãuers: Io: Wroth: Iohn fferrar. Tho: Keightley. Henry Briggs and Richard Wiseman. [27]

This being deliuered by the Auditors, and wth all the Acco betweene the Company and Adventurers, which by the helpe of the Courtbooke (hauing examined it thorough) they haue finished; there onely rest- eth for the Court to decide, that if they will allowe of sundry trans- portac̃ons of men, by former orders in the said booke not menc̃oned, that then there wilbe One hundreth poundℯ lesse for the Company to receaue: But it growing late it was agreed, and that the Shipp should be noe longer stayde, that mr Thr̃er should make vse of the Three hundreth poundℯ due vnto the Magazine by the Adventurers of Smiths hundred, and that the Account betweene them shalbe forthwth audited: To wch purpose my Lord of Southampton hath promised his assistance vpon ffriday morning next at Sir Thomas Smiths howse, at wch time mr Alderman, together wth mr Essington, mr Abraham Chamberlaine, mr Richard Moorer and mr Berblock, are appointed to ioyne wth the Auditors of the Company and so to decide the Controuersy.

fforasmuch as the Collector for Tobacco refuseth to deliuer the Tobacco now come home, vnlesse the Company will pay twelue pence custome vpon euery pound weight, wch is double aboue the booke of rates, the same being but six pence, and also being freed by his Mats ɫres Pat- tents of Impost and Custome sauing 5 p̱ Cent: It is now agreed, that a Petic̃on shalbe drawne to the Lordℯ Comissioners of the Treasury, and haue desired my Lo: of Warwicke, Sr Nath: Riche, mr Aldr̃an Iohnson and mr Brooke to attend their L̃ops vpon ffriday next in the Afternoone for the cleering of the same.

It was moued by mr Tr̃er, that in reguard the time of the yeare pass- eth away, and most of the Company retireth themselues into the Country, and as yet a great deale of busines is to be performed before the departure of the Shipp, that a Comittee might be appointed to meete euery day for the dispatch of the same, and that the Generall Courts be dissolued till Michaelmas terme, vnlesse there be an extraor- dinary occasion, that mr Thr̃er or mr Deputy call an extraordinary Court; Which being approued of by the Court, there were nominated Sr Iohn Dãuers, mr Deputy, mr Alderman Iohnson, mr Iohn Wroth, mr Tho: Gibbs, mr Geo: Thorpe, mr Cranmer and mr Chambers to meete at mr Tr̃ers for dispatch of those businesses.

Mr Deputy acquaynting this Court, that the Comittees hauing mett, and devided the busines amongst themselues for the speedier sending away of this shipp; in wch as some of them are to be [28] comended by performing the charge comitted to their trust; so there are some to whome the care of buying apparrell was comitted, whoe part of them being out of Towne, the rest haue failed therein; in whose steedℯ he desires, that some other might be appointed to per- forme that trust; to wch by the Court is appointed mr Cranmer, mr Bull and Thomas Mellinge.

All such Bills of Exchange as were now sent from Abraham Persey the Capemerchant concerning the Magazine amounting to Eighte hundreth poundℯ specified in his Letters, is by the Adventurers thereof this present day accepted to be paid from this present at the deter- minac̃on of the time in the seuerall Bills specified.

The Comittees for the Magazine are intreated by this Court to vnder- take for the cleering of these goodℯ now come home in the Will͠m and Thomas; for the which it is now ordered, that they shalbe saued harmeles.

It was now ordered, vpon the request of Sr Tho: Wainman, & vpon certificate to the Court from the Lady Lawarr, that shee was content soe farr to satisfy the desire of the said Sr Tho: Wainman and Sr Iohn Tasborough, wthall desiring the allowance of the Court, that such men as shall appeare to haue beene transported by the Lo: Lawarr for the said Sir Tho: Wainman & Sr Iohn Tasbrough, & at their proper costs and charge may be free at his or their disposing to be remoued & planted according to their discrec̃ons vpon such shares as shalbe by Pattent graunted vnto them, for the wch her Lãp is content, that there shalbe a ratable deducc̃on made out of the proporc̃on of Landℯ allready graunted and allowed, or hereafter to be graunted & allowed vnto the said Lo Lawarr for his Adventures: And that the Charter p̱t wch his Lop entred into may not extend to the Losse and preiudice of them. It being noe part of his Lop or Ladsp meaning they should suffer for that his Lop stood engaged, and therefore resteth in her Ladishipp to see satisfied; Wch was also now confirmed by erecc̃on of hands. [29]

IULY THE 21th 1619 A Court held at Mr fferrars howse in St Sythes Lane, Being present

Right Honorble Henry Earle of Southampton.
Robert Earle of Warwicke.
Sr Edwin Sandis Knt Thr̃er.
Sr Tho: Smith. Capt S. Argoll. mr 1

A blank space in the manuscript.

Shepherd.
Sr Tho: Gates. Capt D: Tucker. mr Edw: Scott.
Sr Edw: Harwood. Capt N: Butler. mr Tho: Couell.
Sr Iohn Wolstenholme. mr Ni: Leate. mr Dan: Darnelly.
mr Aldr̃an Iohnson. mr Stiles. mr Rob̴t: Smith.
mr Xõ Brooke. mr Clitherowe. mr Geo: Smith.
mr Morrice Abbott. mr An: Abdy. mr fferrar iunior
mr Io: fferrar Dep̃t. mr Rob̴t. Offley. mr Geo: Chambers.
mr Tho: Gibbs. mr Wm Palmer. mr Balmford.
mr Dor Gulstone. mr Caning. mr Paulson.
mr Hen: Briggs. mr Woodall.
mr Meuerell. etc.

There was at the sitting downe of the Court by an vnknowne person presented to mr Thr̃er the Letter following; To Sr Edwin Sandis Thr̃er of Virginia.

IHS

Good luck in the name of the Lord, who is dayly magnified by the experi- ment of your Zeale and Piety in giuinge begining to the foundac̃on of the Colledge in Virginia the sacred worke soe due to Heauen and soe "Longed for one earth, Now knowe wee assuredly that the Lord will doe you good, and blesse you in all your proceedingℯ even as he blessed the howse of Obed Edom and all that pertayned to him because of the Arke of God, Now that yee seeke the kingdome of God, all thinges shalbe ministred vnto you;" This I well see allready, and perceiue that by this your godlie determinac̃on, the Lord hath giuen you "fauour in the sight of the peo- ple, and I knowe some whose hearts are much enlarged, because of the howse of the Lord our God to procure yor wealth," whose greater [30] designes I haue presumed to outrun with this oblac̃on wch I humbly beseech you may be accepted as the pledge of my Devoc̃on and as the earnest of the Vowes "wch I haue vowed vnto the Allmighty God of Iacobb concerning this thing," Wch till I may in part performe I desire to remayne vnknowne and vnsought after.

The thinges are these

Mr Alderman Iohnson reported, that according to the trust reposed by the last Court vnto himselfe and some others they had performed, by being wth the Lordℯ Comissioners about the cleering of the Tobacco now come home agreable to the Pattent, whoe referred it to Sr Lyonell Cranfield and mr Attorny Generall, but they being out of Towne, he desired that some other might now be appointed to attend the Lordℯ agayne for the finishing thereof: Wherevpon the Court haue desired, the Lo: of Warwicke, Sr Tho: Gates, Capt Nath: Butler, mr Clitherowe and mr Wm Caninge to attend them at such time as ffrancis Carter shall giue them notice that they sitt.

Sir Iohn Wolstenholme moued the Court in the behalfe of Martins Hundred, that in considerac̃on of the Losse they haue sustayned by the Guift, wch they sett out, that they might haue shares in Virginia for euery—12—10—00 they haue therein spent: wch if the Court would please to graunte, it would encourage them to sett out ffifty men more in convenient time; which he desired might be putt to the question. To the Wch, reply was made by Sr Edwin Sandis Thr̃er, that hauing beene priuately acquaynted wth this moc̃on, and hauing throughly waighed it, he could not giue way vnto for ffower reasons;

He began wth the second reason as being fresh in memory, & reading the Orders in the title of Graunts, he shewed, that all Landℯ were to be graunted either to Planters in Virginia by their persons, or to Adventurers by their purses, or by extraordinary merritts of service. That the Adventurers by their purses, were they onely and their Assign- ees, who paid in their seuerall shares of—12—10—to the Com̃on Treas- ure for the charges of transporting men to the priuate Lands of the Adventurers, there was also allowance made to them of 50 Acres the person. But noe further allowance for any such priuate expences as was now demaunded.

Then he came to the first reason, and shewed that these Orders were not newly deuised, but taken out of the L̃res Pattentℯ, namely the second & third; diuers passages of wch he there openly read, importing that the Landℯ in Virginia were to be deuided amongst the Adven- turers by mony, or service and the Planters in person, and that he is to be reputed an Adventurer by money, who payeth it into the Com- panies Treasury, insomuch that if any man be admitted for an Adven- turer, and haue paid in noe mony to the Com̃on Treasury, he is to be compelled thereto by suite of Lawe, yea though he neuer subscribed to any such payment, as is expresly sett downe in the Third L̃res Pattentℯ.

Thirdly he shewed, it was not beneficiall to them of Martins hundred in point of advantaging their perticuler Plantac̃on, for the benefitt grew not by a bare title to Land, but by cultivating & peopling it so to reape proffitt, now of such Land it was in euery Adventurers power to haue asmuch as he pleased wthout any other payment: ffor if an Adventurer (for examples sake) who had but one share of One hun- dreth Acres would send ouer Twenty men to inhabite & occupy it, fewer at this day will not doe it, he was by the Orders allready estab- lished to haue for these 20 an addition of—1000—Acres of Land vpon a first deuision and as much more vpon a second; And if then he would also people his—1000—Acres wth Ten score men more, he were to haue another addition of—10000—Acres more vpon a first deuision and asmuch vpon a second, & so forward to what extent of Land him- selfe should desire. On the other side to enlarge a mans right vnto new Land, and not to make vse and proffitt of the Old, were to increase a matter of opinion, rather then of realty, & a shadowe rather then a substance.

Lastly he said it was prieiudiciall to the Generall Plantac̃on in many points of ymportance; first in matter of strength for those titles to great extent of Land; so to keepe other from it, would be a great weakning to the Collony by disioyning the parts of it one so farr from another Vis Vnita Fortior.

Againe it would be a great discouragemt to new perticuler Plantac̃ons if either they must sitt downe of bad land, the best being all taken vp before in titles, or seeke a seate farr of remote from helpe and society: Besides whereas by the orders now established, men are to encrease their owne Landℯ there by transporting of people, and so by increasing the Collony in strength & multitude, the vertue and good intent of this Order wilbe defeated, if men may haue their Landℯ encreased wthout such transportac̃on, & onely by fauor & plurallity of voicℯ in Cort.

[32] Nowe as this moc̃on is prieiudiciall to ye strength & encrease of the Plantation, so is it also to the peace thereof, good government and iustice: It is not iust that a man should be paid twice for the same thing; ffor the men transported they haue allready allowance of Land —50—Acres the person whither dead or liuing: And the Charges now spoken of was but in transporting those men. It is not iust, that things equall should be vnequally valued; As Martins hundred hath beene at great charges, so §haue§ diuers other hundreds, so haue also beene many perticuler persons, Captaine Bargraue alone hath bought and sett out diuers shipps; if besides the persons transported, he shall haue allowance of Land oueragaine for all his charges, perhaps he may take vp a great part of the Riuer: What may my Lo: Lawarr doe? Sir Tho: Gates, and Sr Tho: Dale, besides a multitude of other who haue spent a Large porc̃on of their Estates therein and are not thought on; if all these men come in wth their Accounts for all their tyme, what a confusion & disturbance will ensue thereof? shall wee deny that to them wch wee allowe vnto or selues? or shall wee admitt of their demaundℯ and sett them out Land accordingly? how then shall wee p̳ceed in examining their Accountℯ? how may they be cleered? when would they be ended? this course is a Laborinth and hath noe issue.

He concluded, that he had allwayes fauoured the desires of Martins hundred; but for this perticuler, he would not approue it: Howbeit if men were not satisfied wth these reasons, he would be well content, that the matter might be referred to a Quarter Court, vnto wch it did more properly belong; and that in the meane time, it might be referred to the considerac̃on of a Graue Comittie to be indifferently chosen out of the Generallity and Counsell.

Vpon this Sr Edward Harwood propounded, that for satisfacc̃on and encouragement of Martins hundred, there might be some quantity of Land bestowed vpon them by way of gratuity and seruice: wch was generally well liked, and the accomplishment thereof referred to the next Quarter Court, & in the meane time the matter should be pre- pared by a select Comittee.

And whereas the said Sr Iohn Wolstenholme Long since Lent the Company at one time 300li and at another time—100li, and after a Long time receaued it in agayne by Litle somes; that therefore in consid- erac̃on thereof, and that he receiued noe interest for the same, he moued, that the Court would recompence his kindnes by giuing him some Land; Wch was now thought reasonable, if the qrter Cort (as they doe not doubt) shall allow thereof.

Vpon some dispute of the Polonians resident in Virginia, it was now agreed (notwthstanding any former order to the contrary) that they shalbe enfranchized, and made as free as any inhabitant there what- soeuer: And because their skill in making pitch & tarr and sope- ashees shall not dye wth them, it is agreed that some young men, shalbe put vnto them to learne their skill & knowledge therein for the benefitt of the Country hereafter. [33]

It was ordered vpon considerac̃on that many principall men departeth the Court at or before six of the Clock, whereby the said Court is much weakned, that from henceforward they shall begin at Two, and end at six: after wch time nothing shalbe agreed of, or putt to the question: wch was confirmed by erecc̃on of handℯ.

The order of the Last Cort touching the dissoluing of the Courts till Michaelmas terme, being now putt to the question, was ratified by Generall consent. And for the Magazine Adventurers, it was licenced for them to meete where they pleased till the Generall Corts began againe, and soe often as they shall see cause, or be invited by any occasion.

An Act of the Cort made Decimo quarto die Iunij 1619 concerning a Pattent graunted to Iohn Woodliefe Gent̃ and his Associatℯ is now by the consent of this Court, & liking of the said Iohn Woodliefe altered, & is to goe in the name of Sr Tho: Wainman & Associatℯ: And is agreed vpon the request of the said Sr Tho: Wainman, that a ɫre of informac̃on there of shalbe written to the Gouernor, inasmuch as it wilbe the qrter Court in Michaelmas terme before it cann passe the seale, and that in the Interim he desireth land to be allotted, wherevpon to plant such men, as shalbe by him & his Associatℯ sent or appoynted therevnto.

OCTOBER THE 20th 1619

Present
Sr Tho: Roe Knt. mr Dr Gulstone. mr Tho: Keightly.
Sr Io: Dãuers. mr Hen: Reignoldℯ. mr Rich: Bull.
Sr Tho: Gates. Capt S: Argoll. mr Rich: Wiseman.
mr Mo: Abbott. mr Rich: Rogers. mr Iames Berblock.
mrIo: fferrar Dp̃t. mr Hen: Briggs. mr Wm Palmer.
mr Tho: Gibbs. mr Wm Caninge. mr Rich: Caswell.
mr Geo: Thorpe. mr Geo: Swinhowe. mr Roberts.
mr Dr Anthony. mr Nicho fferrar. mr Tho: Melling.
mr Dr Winstone. mr 1

A blank space in the manuscript.

Shepherd.

It was made knowne by mr Deputy that the time being expired, wherin during this terme of vacansye, the Generall Courts (accord- ing to order) haue discontinued; they are now to proceed againe in their due course every fortnight, this day moneth being a Generall qrter Court: And although mr Treasuror be yet absent, the Company will finde at his coming vp next weeke, that he hath not beene want- ing to the service of Virginia, but both his minde and time wholly imployed in their busines; contem̃ing 2

For "contemplating."

the meanes of sending large supplies of men and Cattle for Virginia this next Spring. [34]

A ɫre being sent from his Matie directed to mr Tr̃er and Counsell for the sending diuers dissolute persons to Virginia, wch Sr Edward Zouch knt Marshall will giue informac̃on of; after the Counsell had pervsed the same, was brought to the boord and read to the Company, who considering there was noe present meanes of conveying them to Virginia, though fitt to reserue the full answere to his Mats ɫre till the next Court, when wth the Lordℯ & mr Treasuror it might be agreed how his Mats Comaundℯ might most speedily and conveniently be effected: In the meane while Sr Io: Dãuers promised to acquaynt mr Secretarie Caluert and Sr Edw: Zouch the reason that they gaue not prsent answere to his Mats gracious L̃re.

Mr. Will͠m Caninge tooke occasion to expresse some kinde of griefe for the long want of Courts, in wch he had hoped of redresse in the point of what the Cort had ordered in the busines betweene him and his Associats defendants against Capt Bargraue in Chauncery, inti- mating that if the Courts had continued or might be kept at Sr Tho: Smiths he would not doubt of the whole Courts satisfacc̃on otherwise then had beene. Sir Tho: Smith and others appearing in the behalfe of him, and the defendants against Capt. Bargraue, but Sr Thomas could not & others would not come to this place; and therefore wished that this Court had beene or others might be at Sir Tho: Smiths who had soe freely and courteously offred his howse; and through his Long experience and good will to the Acc̃on, was able to doe the Company very extraordinary service: wch pointℯ concerning the abillities & courtesyes of Sr Tho: Smith were seconded by some others; but Mr Caning farther vrging the reconsiderac̃on of the Acte of Cort be- tweene him and his Associatℯ and Captaine Bargraue, and vttering some speeches of discontent, that onely Gentlemen had beene named of the Comittee, desiring a new refference wherein Citizens might also be ioyned; he was told of his wonted manner of seeking to interpose differ- ence betweene Gentlemen and Cittizens, a thing damned heretofore in Court as tending to onely to faction and disturbance of the peace of the Company: But for the matter of his moc̃on to haue it renewed againe in Cort where he might presume to produce other testimony, or parties that had not either notice or leasure to be present at the former pro- ceedings, by wch he and his Associatℯ had beene vniustlie preiudiced as he conceiued; Some was of opinion that his moc̃on was equitable; neuertheles it was held fitt, it should be referred to be moued againe at the next Court, wch should be like to be of a greater presence; Likewise wherein Capt Bargraue might be also heard what he might speake therevnto, least otherwise he might hereafter complaine & so keepe the Court impertinently imployed to order backward and for- ward, and euen in a matter twice ordered by a selected Comittee chosen by the Court, who had a chiefe reguard vnto the case, as it appeares in the Court Bookes. [35]

NOUEMBER THE THIRD 1619:

Being present
The Right Honoble͠ The Lo: of Warwick.
Generall Cæsill.
Sr Edwin Sandis Knt Thr̃er.
Sr Tho: Roe. mr Geo: Sandis. mr Tho: Keightley.
Sr Io: Dãuers. Capt Argoll. mr Shepherd.
Sr Harry Rainsford. Capt Bargraue. mr Edw: Ditchfield.
Sr Tho: Wroth. Capt Tucker. mr Rich: Wiseman.
Sr Nath: Rich. mr Tho: Gibbs. mr 1

A blank space in the manuscript.

Bamford.
Sr Law: Hide. mr Rich: Tomlins. mr Caswell.
mr Iohn: fferrar Dpt̃. mr Steward. mr Cranmer.
mr Dr Gulstone. mr Geo: Chambers. mr Hen: Briggs.
mr Dr Winstone. mr Iohn Delbridge. mr Ia: Berblock.
mr Lewson, etc.

As in the last Court Mr Deputy acquaynted them of mr Thr̃er so he being now present it pleased him to relate, that although to the time giuen him by the Companies orders he had beene absent yet he hath not beene idle to Virginia, as he will giue Accompt of: And therefore he had to offer to their considerac̃on a Propo- sic̃on for the inlarging of the Plantation in the publique. And first touching the Publiq̢, he shewed how farr the Company had allready proceeded. ffirst in Ianuary last there went ffifty men wth Sr George Yeardley to be Tenantℯ of the Gouernors land, whereof there failed by the way two or three, and six were now remayning to him of Capt Argolls guarde. Afterward in Aprill next twenty men should haue beene sent by Xofer Lawne vnto the Com̃on Land, but he deliuered but 15 because the Company per- formed not wth him, touching the Loane of Corne and Cattle as he expected: Then 4 more were sent in the Triall according to the direcc̃on of his Matie. And in the begining of August Last, one hun- dreth more sent—50—to the Colledge Land and 50 to the Com̃on: And for one hundreth persons or thereabout wch appeareth to haue beene sent in these 2 or 3 last yeares at the Companies charges, Sr Geo: Yeardley writeth of but three to be found remayning for the Company; So that there is by this Account vpon the Com̃on Land 72 persons, 53 on the Gouernors, and 50 on the Colledges: 175 in the whole. Therefore he proposed now to be considered of against the Quarter Court this day fortnight that there might be sent the next Spring 130 men more, wch will make those allready sent for the Gou- ernor Colledge, and Com̃on Land the full nomber of Three hundred, and so the Gouernor to haue 100 men wch will not be lesse worth then One thowsand poundℯ p̱ Anñ as it is esteemed. As for the benefitt of their labors of the Com̃on Land, it standeth otherwise, for their moity is to be deuided betweene the Counsell and Officers there, [36] and for other publique vses, and betweene the Company here. ffor the Counsell who attendℯ there, when the Gouernor at all times shall please to call them, cannot neglect their busines wthout reward; soe likewise here, the Company may not expect, that although their Tr̃er for the time past and p̃nte, as also the Deputies of late serue meerely out of their zeale and loue to the Acc̃on, yet those that shall succeede will happily expect a yearely gratificac̃on, when the Company shalbe enabled by their Rents to yeild it. And for the Colledge, there is noe doubt but the benefitt ensuing will build it, and raise a Revennue for the mayntenance. He also thought it fitt to send 100 more to be Prentizes or Servants that the rest may goe on more cheerefully, wherein he hoped the citty would deale as worthily as heretofore. Lastly he wished that a fitt hundreth might be sent of woemen, Maidℯ young and vncorrupt to make wifes to the Inhabitñntℯ and by that meanes to make the men there more setled & lesse moueable who by defect thereof (as is credibly reported) stay there but to gett something and then to returne for England, wch will breed a dissoluc̃on, and so an ouerthrow of the Plantac̃on. These woemen if they marry to the publiq̢ ffarmors, to be transported at the charges of the Company; If otherwise, then those that takes them to wife to pay the said Company their charges of transportac̃on, and it was neuer fitter time to send them then nowe. Corne being here at home soe cheape and plentifull, and great prom- ises there for the Haruest ensuing. Then to euery 100 men, he aduised there might be sent 20 young Heifers wch wilbe Threescore, and they wth their breed will soone store the Publique. He also shewed, that the Inhabitants hauing had great ioy by the Charters of Graunts and Liberties lately sent by Sr Geo: Yeardley, desired now to haue choise men sent them from the Lowe Countries to raise ffortifi- cations, whose charge they will beare, wherein my Lo: Generall Cesills assistance was perticulerly entreated. Then he spoke of the way of transporting these persons, wch by reason of the intollerable charge the Company is at by sending ships, that that course should be left of and rather send by those that trade to Newfoundland at Six poundℯ a man, wch wilbe found to be great ease vnto the Company; but for the Catle a shipp must be sent on purpose, vnlesse a bargayne may be made for them at 10li— a peece, as he hath some hope giuen him that it may be. The totall charge of all this, furnishing the men reasonably wth all things requisite, will amount (as he hath computed it) not aboue ffower thowsand poundℯ; And one thowsand more will furnish them in best sort. Then how this mony shall come in, he shewed how much the Company was bound to giue thankes to God for all his blessings, who continually rayseth meanes for the supporting of this worke, making menc̃on of one vnknowne Gentleman that hath offred to send to him 500li— for the converting and educac̃on of Threescore Infidells Children, whensoeuer he shall require the same & vndertake that worke. And also that vpon his ɫres he had receaued advertizement from sundry parts and some of them very remote, that if they goe on wth this busines they shall not want for money. Like- wise Gabriell Barbor [37] hath promised of Lottary monies to bring in before the end of March 35 hundreth poundℯ, wch he intendℯ accord- ing to the promise made vnto the Lordℯ shall goe to noe other end but the advancement of the Plantac̃on. And for the Three thowsand poundℯ, wch was spoken of when he entred to be Tr̃er he hath not as yet receaued the whole, but as it cometh in, it shall all goe for the payment of former debts and dueties, whereof he had discharged aboue 2000li allready, promising that he will not leaue the Company one penny in debt by any Act to be done by him. And for the ratifi- cac̃on hereof, he referred it to the qrter Cort, onely now proposing it, that in the interim it might be considered of by the Company.

Next he acquainted, that the Counsell sitting this morning at my Lord of Southamptons, there were some moc̃ons made for ye busines at home, one was concerning Tobacco in Generall, that the planting of it here would be the destrucc̃on of the Plantation, and therefore that the Company might be humble suitors for an inhibic̃on thereof; but this was conceaued might be a scandall for Virginia, as that it could not subsist wthout that weed, intending very shortly to sett in hand with Iron-workes, & the Country affording diuers other good comodities, as Silke, Silkegrasse, Corne, Vines, etc. And therefore it was thought better by the Counsell, forasmuch as the ffarmors of Impost had it on foote allready that they proceed, and the Company as they see occasion to assist them. ffor the perticuler Tobacco of the Adventurers remayning in the Custome howse, he was desired by the Counsell to drawe a ɫre in their names, and to be signed by them, wch he promised forthwth to performe, to be addressed vnto the Kings Lerned Counsell, shewing the priuiledges of their Pattent, and the Losse they haue sustayned by this extreame delay wth earnest request of present expedic̃on. And seeing that mr Iacobb contrary to the priuiledges of their said Pattent; the Letter of his Mats priuy Counsell in their behalfe, and the Adventurers offer to leaue halfe wth him, that they might obtaine the other halfe to sell away that it might not all perish, had reiected all moc̃ons and meanes of agreement, and in contempt of their Lops Letter refused to deliuer it vpon those reason- able condic̃ons sett downe by their Lps̃, that therefore he thought it very expedient (the Lordℯ consentℯ being first obtayned) that the Company com̃ence an Acc̃on of damages against him, the losse they haue receaued being estimated by many at—2500li—wch moc̃on so suted wth the desire of the Court (sauing that the Lordℯ consent was thought vnnecessary) that for the rest they intreated it might be putt to the question: wch being done, and also propounding whither the suite shall proceed at the Com̃on charge, being for the maynteñnce of the Pattent, and the Magazine to appoint Sollicitors, was ratified by erecc̃on of handℯ; The Court hauing now chosen for their Counsell, Sr Lawrence Hide and mr Xofer Brooke; And to sollicite the cause mr Tho: Melling for the Company, mr Iames Berblock for the Maga- zine, and mr Richard Caswell is entreated to assist them. [38]

According to the refference in the Last Court his Mats L̃re was now taken into most dutifull considerac̃on, and it was agreed wth all con- venience to fulfill his Mats comaund, and to send them ouer to be servants, wch wilbe very acceptable vnto the Inhabitantℯ, as mr Thr̃er hath vnderstood from them, and in the meane time till they may be sent, wch wilbe about Ianuary, Mr Treasuror shewed, that in like case the Lo: Maior had beene sollicited to giue order for the keeping of them in Bridewell, wch was answered to be performed allready, and the Court desired mr Treasuror to giue his Maty an answere by mr Secretary Caluert.

Mr Iohn Delbridge moc̃on for a Pattent to be graunted him and his Associats intending to transport—200—men was assented vnto and referred to the Auditors vpon Monday morning to haue his Pattent perfected.

Whereas mr Wm Canings complaint the last Court was referred vnto this present to be heard betwixt Captaine Bargraue & him, he being now absent was by diuers now present censured to be a great disturber of the peace of the Company, & molester of the Courts wth matter of ffaction: Therefore when the Counsell meetes, that he be warned to attend them to receiue admonic̃on and if that after he continue in his wonted byas, that then he be disfranchized according to a standing order in that behalfe.

And whereas formerly a seale for the Company called the Legall seale was referred vnto a Comittee to consider it §in§ what manner it should be, and nothing as yet done therein; It was agreed that Mr Claren- tious be intreated to giue the Auditors sometimes a meeting at Sr Edwin Sandis, where they will deuise to take a Cote for Virginia and agree vpon the Seale.

fforasmuch as noe deuision of the Iointstock is yet made to the Adventurers, according long since to promise, nor any acco heth- erto presented (though often called for) whereby they may vnder- stand the state of the busines, and other Accounts intermixed wth them be cleered; therefore vpon generall request of the Ad- venturers now p̃nte, it was agreed that the Counsell be entreated to take the busines into their handℯ, and to call the Officers of the Magazine before them to giue vp their Acco, as also to heare aswell the obiecc̃ons of the Adventurers, as the answeres of the Officers, that soe right be done, and the differences Long depending may be freindly decided and ended: Wch moc̃on was also extended to such accompts of the former Magazine as remayne yet vncleared. [39]

And although the Company is allready exceedingly behoulding to my Lord of Southampton for his many honoble fauors & nobly counte- nancing them in all their businesses, and especially such as is of great- est importance; yet notwthstanding the Cort are most humble suitors vnto his Lõp, that he would please also in these businesses of so great importance, and wch haue beene the onely cause of distracc̃on and dis- cention in the Company, to vouchsafe his presence at that meeting of the Counsell, that by his Lops and their authority, those differencs might be concluded, the Comp̃ satisfied in their right, and all occa- sion of continuing iealousies and displeasures be remoued: Wch moc̃on being made by mr Thr̃er was by Generall erecc̃on of handℯ confirmed noe one dissenting.

Mr Thr̃er also moued, that Captaine Bargraue should be desired by the Court, that at leastwise after the examinac̃on of his witnesses (vpon wch he resolutely insisted) he would then be content to referr the Controuersy betweene him and some other of the Company, to be heard in like sort and arbitrated by the Counsell, that so all cause of scandall and discord amongst the Company might haue an end: Vnto wch Captaine Bargraue gaue his consent, and the same was generally well approued of by the Court.

NOUEMBER THE 15th 1619 A Preparatiue Court held for Virginia at Mr fferrars howse in St Sythes Lane. Present

The Right Honoble͠ The Lo: of Southampton.
The Lo: Cauendish.
The Lo: Pagett.
mr Treasuror. mr Dr Winstone. mr Swinhowe.
Sr Tho: Roe. Capt: S. Argoll. mr Wiseman.
Sr Io: Dauers. Capt Bargraue mr Couell.
Sr Tho: Wroth. mr Ruggell. mr Cranmer.
Sr H: Rainsford. mr Aug: Steward. mr Berblock.
Sr Nath: Rich. mr Shepherd. mr Smith.
Sr Io: Wolstenholme. mr Bamford. mr Chambers.
Sr Anth: Aucher. mr Keightley. mr Boothby.
Sr Ro: Winchfeild. mr Briggs. mr Bland.
mr Geo: Sandis. mr Meuerell. mr Melling.
mr Io: fferrar Dpt̃. mr Lewson. mr E: Roberts. etc.
mr Dr Anthony.

Mr Tr̃ers proposic̃on at the last Court being now read and consid- ered of, Sr Iohn Wolstenholme intimated, that for his part [40] he liked them very well, but wthall moued that some of the Company might be appointed by the Court to examine whither the monies to come in, would be sufficient to doe this, and to leaue some remayning in the Treasury to defray such charges as either by his Mats comaund for the sending ouer such men as he shall write for, or otherwise may accidentally happen. Wherevnto was answered, that these Proposi- c̃ons had beene formerly proposed to the Counsell at Southampton howse, where they were generally approued to be beneficiall and advantagious for the Plantac̃on, And therefore not fitt they should be reassumed from thence to a priuate Comittie, Esteeming the Counsell the chiefest Comittee could be chosen. Also mr. Tr̃er to the generall satisfacc̃on of the whole Court made this answere, that for those nombers to be setled on the Com̃on, Gouernors and Colledge Land, he would not leaue the Company indebted one penny: As for former debts he had allready paid aboue 2000li towardℯ discharging of them, and a 1000li he would pay when it came in, wch was asmuch as was left vnto him, doubting not but that the yearely comodities coming out of Virginia, would henceforward defray all accidentall charges; it hauing beene truly alleadged before, that the planting and peopling of the Companies Land was the surest way to bring in Revennue. It was alsoe answered by others, that all that was in Cashe was but to be imployed to the advancemt of the Plantac̃on, and that there could be noe better worke to further that then this, nor nothing more hurt- full then to leaue vnperformed those designes & workes wch themselues are certaine and good, for things accidentall and vncertaine; So as noe man further opposing, The former Obiecc̃on vanished. And it was moued by my Lo: of Southampton, that the Court hauing now heard the Proposic̃ons read, if they made scruple of any thing, that it might be now debated at full against the Quarter Court. But noe man either seconding the former, or raising any new obiecc̃on, the Proposic̃ons rested wth generall approbac̃on of the Court.

Touching the Legall seale spoken of in the last Court, the Auditors at their Assembly haue therein taken some paynes, wch they now pre- sented to this Courte: And whereas they had spoken to one for the cutting of it, there is one mr Hole who would appropriate that vnto him selfe vnder pretence of hauing a Pattent for the engrauing all seales, wch hath the Kings Armes or any part thereof, wch he now pre- sented to the Court, and mr Tr̃er pervsing the same, found, that it was for the Kinges armes, but not for any part thereof, and therefore appointed them to repaire to mr Xofer Brooke of Lincolnes Inne to examine it, and to bring his opinion vnder his hand in writing, & accordingly it should be determined.

Next for the order of the Magazine Acco referred to the Counsell, My Lord of Southampton was humbly desired to lend his presence for the concluding of it: This and the former Magazine being the cause [41] of all discentions that hath beene amongst the Company, who hath promised his assistance. And Sr Iohn Wolstenholme for the better concluding thereof hath also promised that he will giue order for the meeting of some of the Adventurers, together wth mr Essington to examine the State of the Magazine, & the Accountℯ against the Counsell meete.

Mr Tr̃er also signified, touching the Standing orders that nothing is done, in wch time discouereth not some imperfecc̃ons, acquaynting that some § stood in § need of some small explanac̃on, and that there needed to be an addic̃on of Two or three more, wch although yet they cannot be soe absolute as the others, wanting the Ceremonies due vnto them, yet till that be performed they stand (if the Company soe please) as orders of a Quarter Court, wch to that Court was referred.

Mr Tr̃er desired the allowance of this Court of one thing agreed of by the Auditors and Comittees of the Colledge, wch was that 1400li—od mony in all being receaued of the Collecc̃on monyes by Sr Tho: Smith, of wch vpon seuerall occasions, therewas vented by way of Loane for the vse of the Company Eight hundreth poundℯ, the Remainder being 500li odd money was paid vnto mr. Treasuror; Therfore that the said 800li—might be reimbursed out of the Com̃on Cash in to the Colledge mony, wch was ratified and allowed of by the Court.

Vpon a petic̃on exhibited by the wife of Abraham Persey, that in lieu of his Long service done the Company, they would gratify him wth giuing him some Land in Virginia: wch sundry of the Cort acknowl- edgin[g] his paynfull endeauors, haue agreed for the present to giue him 200 Acres (if the Quarter Court vpon Wedensday next shall allowe thereof; And hereafter as they finde him discharge the busines reposed vpon him, to reward him accordingly.

Also vpon the petic̃on of Mathew Cauell Master of the Wm & Thomas, shewing that in considerac̃on of a Bote & ship Anchor deliuered to Capt Samuell Argoll for the vse and benefitt of the Plantation, Rec̃d of the said Capt Argoll in Virginia his freedome & 400 wtt of Tobacco, wch since his coming home, he could not receiue from the Custome howse wthout putting in caution to pay to mr Iacobb Two shillings a pound, therefore in reguard of his said freedome, desired he might Copart of the like priuiledges the Company doe. Wch was answered, that Capt Argoll could not giue him his freedome, for none can be free but by two wayes, either by money brought in, or by some extraor- dinary service: Wherein was alleadged, that he did speciall service in the begining of the Plantac̃on: Wherevpon he was appointed to make knowne his deserts in writing, & accordingly, he should receaue the Companies fauour. [42]

At a great and generall Quarter Court houlden for Virginia on Wedensday the 17th of Nouemb 1619. Were Present.

Henry Earle of Southampton.
Rob̴t Earle of Warwick.
The Right honoble͠ The Lo: Cauendish.
The Lo: Sheffeild.
The Lo: Pagett.
Sr Edw: Sandis Knt Thr̃er.
Sr Tho: Roe. Tho: Gibbs. mr Chambers.
Sr Dud: Diggs. Geo: Sandis. mr Palmer.
Sr ffran: Popham. Arth: Bromfield. mr Whitley.
Sr Tho: Gates. Iohn Bargraue. mr Morer.
Sr Ferdinand: Gorges. Capt. S. Argoll. mr Ditchfield.
Sr Io: Dãuers. Hen: Reignoldℯ. mrEdwardes.
Sr Hen: Rainsford. August Steward. mr Wiseman.
Sr Tho: Wilford. Ri: Tomlins. mr Shepherd.
Sr Ro: Winchfield. Tho Wells. mr Cranmer.
Sr Tho: Cheeke. Edw: Brewster. mr Berblock.
Sr Nath: Rich. mr Io: fferrar Dpt. mr Rogers.
Sr Tho: Wroth. mr Hanford. mr Couell.
Sr Io: Wolstenholme. mr Clitherowe. mr Boothby.
Dr Math: Sutcliff. mr Nich: fferrar. mr Caswell.
Dr Fr: Anthony. mr Hen: Briggs. mr Barnard.
Dr Theod: Gulstone. mr Caning. mr Roberts.
Dr Tho: Winstone. mr Bland. mr Geo: Smith.
Dr Law: Bohun. mr Bull. mr Meuerell.
Phillip Chidley, Esq̢. mr Keightley. mr Boulton.
Iohn Wroth. mr Mellinge.

Before the reading of the Corts there was presented by mr Tr̃er a list of all the Counsellors names of Virginia, being of Earles, Barons, Knights, Gentlemen and Citizens about 100 in all, wth this Caution that if any heard themselues named, and had not taken their Oaths, they were to repair to the Lo: Chauncellor or the Lo: Chamberlaine to be sworne.

Afterward the writing conteyning an addic̃on & explanac̃on of cer- taine Lawes and orders for the Company presented in the Preparatiue Court, was now againe read and by generall consent referred to the Comittee formerly chosen for the Lawes & orders of the Company.

The Courtes being read, mr Treasuror putt the Court in remembrance of his former Proposic̃ons propounded in the Cort iijo Die Nouembris hauing before that propounded them to the Counsell, and lastly to [43] the Preparatiue Court, and desired to haue the iudgment of this Great and Generall Court concerning them: Where, vpon the request of some noble§men§ p̃nte, he related them againe to the Cort in effect as followeth;

Mr. Thr̃er therefore declared, that his care and duety running ioyntlie for the advancemt of this noble Plantation, his desire carried him chiefly to the restoring of the Publiq̢ 1

This term refers to the Company land or property in Virginia.

now lately decayed, and the reforming of some errors, wch had directed their charges and the labors of the Collony to a wrong and vnworthy course, and greatly to the disgrace and hurt of the Plantac̃on: ffor whereas not much aboue Three yeares agoe there were returned from Virginia Twelue severall Comodities sold openly in Court to the great honor of the Acc̃on and encouragemt of the Adventurers: Since that time there hath beene but litle returned worth the speaking of, saue Tobacco and Sassaphras, which the people there wholy applying, had by this misgouernemt reduced themselues into an extremity of being ready to starue (vnles the Magazine this last yeare had supplyed them wth Corne and Cattle from hence) to the stopping and great discouragemt of many hundredℯ of people, who were prouiding to remoue themselues to plant in Vir- ginia. The cause of this error he would not insist vpon, as loth to giue offence by glaunce of speech to any, but for remedy thereof (besides often letters from the Counsell sent lately to the Gouernour for restraint of that imoderate following of Tobacco and to cause the people to apply themselues to other and better comodities) he had also by the advice of his Mats Counsell here, and according to one of the new orders now propounded, caused to be drawne a new Covenant to be incerted in all Pattents of land hereafter to be graunted, that the Pattentees should not apply themselues wholly or chiefly to Tobacco, but to other Comodities specified in the said Coueñnt, An example whereof they should see in the Pattent lying before them to be passed in this Court to mr Iohn Delbridge and his Associats. Now touching the Publique, he was first to present to their remembrance how by the admirable industry of Two worthie knightℯ Sr Tho: Gates and Sr Tho: Dale, it was sett forward in a way to greate perfecc̃on, whereof the former Sr Tho: Gates had the honor to all posterity to be the first named in his Mats Pattent of graunt of Virginia, and was the first who by his wisedome, valor & industry, accompanied wth exceed- ing paines and patience in the middest of so many difficulties laid a foundac̃on of that prosperous estate of the Collonie, which afterward in the vertue of those beginings did proceed. The latter, Sr Tho: Dale building vpon those foundac̃ons wth great & constant seuerity, reclaymed almost miraculously those idle and disordered people and reduced them to labour and an honest fashion of life, and proceeding wth great zeale to the good of this Company sett vp the Com̃on Garden to yield them a standing revennue, placed servants vpon it, as also vpon other Publiq̢ workes for the Companies vse, Estab- lished an Annuall rent of Corne from the ffarmers, Of tribute Corne from the Barbarians, together wth a great stock of Kine, Goates, and other Cattle, being the goodℯ of the Companie for the service of the Publiq̢, wch hath since beene the occasion of drawing so many perticuler Plantac̃ons to seate in Virginia vpon hope [44] and promise of plenty of Corne and Catle to be lent them from the Publiq̢ for their ease and benefitt vpon their first ariuall. But since their times all these publiq̢ prouisions hauing beene vtterly Laid wast by such meanes as hereafter in due time shall appeare. It hath beene his principall care in those places wherein it pleased the Com- pany to comaund his service to sett vp the publiq̢ againe, in as great or greater hight then heretofore it had: The maintayning of the publiq̢ in all estates being of noe lesse importance, euen for the benefitt of the Priuate, then the roote and body of a Tree are to the perticuler branches: And therefore to present vnto them all in one view both what had beene allready done, and what yet remayned to be perfected, he recalled to their remembrance, how by their Comission sent by Sir George Yeardley they had appointed 3000 Acres of Land to be sett out for the Gouernor so to ease the Company henceforward of all charge in mayntayning him: 12000 Acres of Land to be the Com̄on Land of the Companie; viztt three thowsand in each of the ffower old Burroughes—10000—acres of Land for the vniuersity to be planted at Henrico; of which—1000 for the Colledge for the conuersion of Infi- dells: The next care was for the placing Tenants vpon these Landℯ: In January last there went wth Sr Geo. Yeardley 50 Tenantℯ for the Gouernors Land transported at the Companies and furnished at his charge, and six he found remayning of Capt Argolls guarde: In the March afterward there were sent §twenty§ to the Companies Land by Mr Lawne, whereof he hath deliuered yet but 15, for want of per- formance to him of loane of Corne and Cattle: ffower more were sent by the Triall, and Three Sr Geo: Yeardley found in the Country. In the begining of August last in the Bona Noua were sent 100 persons for publiq̢ service, chosen wth great care, and extraordinarily furnished, whereof 50 for the Companies Land, and 50 for the Colledge Land, So that making deducc̃on of some fewe that are dead, there were he hoped at this day 174 persons, placed as Tenants vpon the Publique.

Therefore his first Proposition was, that the Company would be pleased, that these Tenants for the Publiq̢ might be encreased this next Spring vp to the nomber of 300, viztt one hundreth for the Gouernors Land, 100 for the Companies and 100 for the Colledge Land; wch (if he be truly informed by those whoe best should knowe it) being rightly imployed will not yeild lesse in value then Three thowsand poundℯ yearely revenue for these publiq̢ vses. And because care both hath beene, and shalbe taken that diuers stayed persons and of good condic̃ons haue beene and shalbe sent amongst them, His second Proposic̃on was, that for their ease and comodiousnes, there might be 100 young persons sent to be their Apprentices, in the charge whereof he hoped this Honoble͠ Citty, would pertake wth the Company as they formerly had done: And because he vnderstood that the peo- ple thither transported, though seated there in their persons for some fewe yeares, are not setled in their mindes to make it their place of rest [45] and continuance, but hauing gotten some wealth there, to returne againe into England: ffor the remedying of that mischiefe, and establishing of a perpetuitie to the Plantation, he aduised and made it his Third Proposic̃on, to send them ouer One hundreth young Maides to become wifes; that wifes, children and familie might make them lesse moueable and settle them, together with their Posteritie in that Soile.

His next Proposic̃on was, for the mannor of transporting these per- sons thus to make vp ffiue hundreth for the Publiq̢ Land, wherein he advised, that they should not as heretofore hire Shipping for this purpose, whereof euery Shipp at his returne in bare fraught and wages emptied the Cashe of 800 and sometimes 1000li, but that they should as they had allreadie done this present yeare take the opportun- itie of the Ships trading to Newfoundland, and so to transport them at six poundes a person wthout after reckonings.

A ffifte Proposic̃on for the sending of 20 Heifers vpon eu9y 100 of these Tenants, Threescore in the whole, wch he hoped might be done taking the opportunity of Shipping in the Westerne parts at Ten poundℯ a head 600li in the whole.

Lastly touching the charges he related perticulerly as formerly he had done, diuers great incouragements of supply to come in: he estimated the whole charge at ffoure thousand poundℯ to be done sparingly & bountifully at 5000li: He promised not to leaue the Company one penny in debt for any thing in his yeare to be performed: And more- ouer that he would discharge 3000li of former debts and reckonings according to the Stock left in the Lottaries at his coming to this place: This done he hoped the Publiq̢ would agayne be well restored, A foundac̃on Laid for a future great state, The Adventurers and Planters well comforted and encouraged, All matter of scandall and reproach remoued, and so he would comend the Acc̃on to the blessing of God. These Proposic̃ons after some pause, receauing noe opposic̃on were putt to the question & receaued the generall approbac̃on of the Court.

Next he acquaynted that at the Court of elecc̃on, there was choice made of Sixteene Comittees, one third part of them being vnsworne, who since that time haue seldome or neuer mett, or afforded their presencℯ therefore desired that in their steedℯ wch had not taken their oathes, others might be chosen in their Roome, men knowne to be of wisedome and industrie, and whose Zeale to the Acc̃on might appeare by the menaging of the Companies busines, wch now grew great & waighty; Wherevpon there was nominated mr Doctor Winstone, mr Shepherd, mr Rich: Bull, mr Will͠m Cranmer, mr Daniell Darnellie, and mr Tho: Mellinge, who from time to time have promised their best assistance, & therevpon receaued their oaths. [46] 1

At the top of the following page of the manuscript the handwriting changes to that of Nicholas Ferrar's assistant in supervising the transcription of the records. The corrections are few in number and usually by the copyist rather than by the reviewer. This has been referred to as the autograph of Thomas Collett. See Plates,

Allso hee acquainted thatt in settinge forward p̱t of his proposic̃onns now confirmed hee had to thatt purpose been wth the Lord Maior who found him as willinge to pleasure the Company as he desyred, wthall desyred to have their myndes in writinge that the Court of Aldermen and the Common Councell may the better vnderstand them, wch being now reddy drawne was read and allowed of, the Coppy of wch ensueth—

To the Ri Honorable Sr William Cockaine knt Lord Maior of the Cittie of London and the Right Wor̃p: ye Aldermen his Brethren and ye W ot: the Common Counsell of ye said Citty.

Mr. Thr̃er bin wth my Lord Maior.

The Thr̃er Counsell and Company of Virginia assembled in their great and gen- erall Courte the 17th of Nouember i6i9 have taken into Considerac̃on the contin- uall great forwardnes of his honorable Cytty in advancinge the Plantac̃on of Virginia and p̱ticularly in furnishinge outt one hundred Children this last yeare, wch by the goodnes of God ther saffly Arived, (save such as dyed in the waie) and are well pleased wee doubt not for their benefitt, ffor which your bounti- full assistance, wee in the name of the wholl Plantac̃on doe yield vnto you due and deserved thanks.

The Companies declarac̃on to ye Lo: Maior and Courte of Alder- men.

And forasmuch as wee have now resolved to send this next Springe very large supplies for the strength and encreasinge of the Collony, styled by the name of the London Collony, And finde that the sendinge of those Children to be apprentises hath been very grateful of §to§ the people: Wee pray yor Lop: and the rest in pursuite of yor former so pyous Acc̃ons to renew yor like favours and furnish vs againe wth one hundreth more for the next springe; Our desire is that wee may have them of Twelue years olde & vpward wth allowance of Three pound a peec for their Transportac̃on and fforty shillings a peec for their apparrell as was formerly graunted. They shall be Appren- tizes the boyes till they come to 21 years of Age the Girles till the like Age or till they be marryed and afterwardes they shalbe placed as Tennantℯ vppon the publique Land wth best Condic̃ons wher they shall have houses wth Stocke of Corne & Cattle to begin wth, and afterward the moytie of all encrease & p̳fitt what soever. And soe wee leave this moc̃on to yor honorable and graue Considerac̃on.

[47] Moreouer that hee had drawne a Publicac̃on wch if itt were liked, desyred that itt might be putt in printe beinge for the entertaynment of good and sufficient Laborers and Husbandmen, Artificers and manuall Trades to be sett outt att the time formerly specified vnto the Publique and Colledg Land wch beinge read and putt to the question was ratyfied by erecc̃on of hands.

A Publicac̃on rati- fied

After this hee signified that accordinge to the desire of the last Courte hee had beene wth mr Secretary Calvert and delivered the Companies answere touchinge the Transporting of men prest by his Maty wch gaue nott full satisfacc̃on for that the Kings desyre admitted no delaies butt forthwith to have 50: of the 100 shipt away with all speed, Notwthstanding the many inconvenyences wch mr Thr̃er alleadged would therby accrew vnto the Company that they could not goe in lesse then fower Shipps, for feare they beinge many togeather may drawe more vnto them and so muteny and carry away the Ships, wch would stand the Company in fowre thousand poundℯ, and they not suddenly to be gotten att this time of the yeare, butt all not serv- inge the turne hee tolde them what a pinch hee was putt vnto and therfore desyred their Counsell and Advise.

Whervppon divers waise beinge thought on and considered, the Court could finde no fitter nor mor sattisfactory answere then this; That the Company would be att the charge to maynteyne them till ther may be Shippinge provyded, if so be they were commaunded to doe itt And therfore have apoynted a Comittee of select Marchantts to imploy their wholl endeavours for the Compassinge of Shippinge wth all speed possible; Namely, mr Deputy Ferrar, mr Keightley, mr Wise- man, mr Cranmore, mr Bull, mr Sheppard, and mr Mellinge and to that end mr Thr̃er was content the Eight hundred poundℯ Adven- tured by the generall Stocke in the Magazine should remaine there to be employed to these vses from time to time, whervnto if they pleased ther should be two hundreth pounds more added outt of the Cash in his Custody, wch Thousand poundℯ to be onely for the sattisfyinge of his Mats: desyres from tyme to time.

The Company to be att the charge to maynteyne till be shippinge pro- uided

A Comittee to Compass Shipping wth all speed.

800li: to remayne in the Magazine.

200li more out of the Cash to be Added.

And wheras the Company of the Som̃er Ilandℯ doth allwaies reporte of the gracious favour his Maty extendeth to Virginia, that therfore the next Quarter Courte for the said Ilands the Company therof be intreated to Ioyne for the Transporte of some of them to be Servauntℯ vppon their Land; My Lord of Warwick, Sr Edwin Sandys, mr Iohn Ferrar and others intendinge to take some of them to that purpose, for prosecutinge of wch itt being putt to ye question was generally agreed of, intreatinge mr Thr̃er that to this effect hee would in writinge drawe the answere and deliuer itt to mr Secretary Caluert to informe his Maty: [48]

The Som̃er Ilands Compa to ioyne for transportinge some of them.

Mr Thr̃er to drawe the Answere and deliuer it to mr Secrt̃ Caluerte.

Concerning the Magazine wch is held to stand in Desperate Tearmes, the goods remayninge in Captivytie; Mr Thr̃er fallinge into speech wth a greate noble man of the State of Virginia att length Complayned of the greate losse they have susteyned by mr Iacobbs deteyninge a wholl years harvest, notwithstandinge all the offers that was made, and that other bussines this Tearme being so great this could have noe reso- luc̃on from the Kings lear[ne]d Councell; Whervp̃on hee advised him to bringe their Complaynte vnto the Councell Table, and ther they should be sure to receive all the right that might be:

The Magazine held tostand Desperate.

Mr. Thr̃ers Com- plaint of ye loss susteynd by mr Iacobb

The comp̃: to be exhibited to ye Councell Table

The desperate estate of wch and the neglect of the presentinge the Accompts therof caused a suddaine dispute, whither they should pro- ceed forward in the maynteyninge of itt or absolutely to disolve the same, Some beinge of opinion that free Trade might be more benefi- c̃all to the Plantac̃on, vnto wch Sr Iohn Wolstenholme aleaged that as the settinge vp of that Magazine was the life and cheife support of that Plantation so hee desyred allthough hee were one of the greatest Adventurers that itt might no longer subsiste then itt might still so continue, butt if itt should be dissolued that accordinge to a former moc̃on well approved of, the Adventurors goods remayninge there in store estimated att ffiue thousand pounds might be first sould off, before any other that shall com of the same kinde: Whervpon after much Debatinge itt was ordered that itt should be argued att full before the Counsell and they to relate their opynyons to the Courte,

Dispute aboute mayntening or dis- soluinge of ye Mag- azine.

Sir Io: Wolsten- holmes aleagment to itt

To be argued be- fore ye Counsell.

Iohn Delbridge Indentures of Land for him and his Associates beinge now delivered engrossed into the Courte after beinge read & fyndinge them Concurre wth the Orders of the Company receaved Confirma- tion wth allowance of the Seale to be thervnto anexed,

Mr Delbridge In- dentures ordered to be sealed.

Captaine Brewster desyred to have the hearinge of his cause deferred till the next Preparative Courte wch is agreed then to be heard.

The hearinge of Capt: Brewsters cause deferred

Abraham Peirses allowance of 200 Acres of Land in the last Courte beinge now putt to the question was Confirmed vnto him,

Abraham Peirseys 200: Acres of Land Confirmed.

Sir Iohn Wolstenholme moved that accordinge to an Acte of Courte made the 21th die Iulij i6i9 vppon the moc̃on of Sr Edward Har- wood 1

Written over the name "Haywood."

for some Land to be given to the Corporac̃on of Martins Hun- dred for their further encouragmt itt was then putt off vnto this great and generall Courte as proper thervnto by reason itt grew late itt was referred vnto the Counsell att their meetinge to Consider of. [49]

Sr Io: Wolsten- holmℯ moc̃on for some Land to be giuen to ye Corpo- rac̃on of Martins Hundred

Allso att the same time hee putt the Courte now in remembrance of his proposic̃on then to the Company for some Land to be given him in considerac̃on of monney ther in said Courte exprest wch is referred vnto the Auditors to cast vpp what may be due vnto him by the interest of itt & accordingly to gratefie him.

His proposic̃on re- ferd to ye Audi- tors.

Mathew Cauell mr of the William and Thomas paide now vnto Mr Thr̃er 12li:10:00 for wch hee receaved a bill sealed for one hundred Acres of Land, and admitted into the fellowship of the Company, And in considerac̃on that hee was one of the first finders of the Plan- tation and had therin merited well, Itt was agreed that hee should have a single Share for the same, wth a note vnder mr Thr̃ers hand to the Custome house that hee is a free brother of the same Company.

A bill Sealed for 100 Acres of Land to Math: Cauell.

A single Share to be giuen him

Whereas the Company hath formerly graunted to Captaine Newporte a bill of Adventure of fower hundred pounds, and his sonne now desyringe order from this Courte for the layinge out some parte of the [the] same, mr Treasuror was entreated and Authorized by this generall Assembly for to write to Sr George Yeardley and the Counsell of State for the effectinge hereof.

A ɫre to be writ- ten to Sr George Yeardley in ye be- halfe of Capt New- portℯ sonne.

As allso that such things as belonged to Capt: Stallenge slayne ther by William Epps be reserved for the vse and benefitt of his widdowe.

Capt Stallenge goods to be reserud for his widdowe.

An extraordinary Courte helde the xxijth of Nouember 1619:

Present.
The Ri: Worp: Sr Edwin Sandys knt Tr̃er.
Sr Nicholas Tufton. mr George Sandys. mr Bearblock.
Sr Henry Rainsforde. mr Thom: Gibbes. mr Meverell.
mr Iohn Wroth. mr Nicho: Ferrar. mr Blande.
mr Iohn fferrar, Dept. mr Tho: Bull. mr Casewell.
mr Dr Anthony. mr Keightley. mr Eli: Roberts.
mr Dr Wynstone. mr Cranmore. mr Couell.
mr Hen: Briggℯ. mr Mellinge.

Mr Treasuror signified that this extraordinary Courte was to acquainte them that accordinge to the intent of the last great Courte hee had drawne the ɫre to his Maty in the name of the Tr̃er Counsell and Company and had delivered itt to mr Secretary Caluert together wth a Coppie therof. butt itt beinge thought that ɫre would not serve his Maty hee was [50] to propound his and crave their further advise that if one hundreth pounds wch should have beene for mayntenance of those men might be given extraordinary in grosse besides the ordinary allowance of Six pounds the man to any that may be found to transport them wth all expedic̃on, The knight Marshall haveinge promisd Sr Iohn Dauers that if they may be sent presentlie hee will furnish them wth such p̱sonns of what quallyty and Condic̃on they desire. Vnto wch was obiected that if some were found to vndertake this, yett itt might be this moneth before the Ship could be dispeeded and they duringe such time must be maynteyned at the Companies charge wch was answered itt could not be helped, his Maties Commaund must be full- filled, therfore beinge putt to the question was generally allowed of.

A ɫre deliuered to mr Secretary Caluert

100li to be giuen extraordinary in gross besides the ordinary allow- ance of six pound a man.

The Knt Marshallℯ promise to Sir Iohn Dauers.

Obiection

Allowed of.

Likewise he acquainted that beinge to goe to the Counsell §table§ aboute the Companies buisines hee purposed to acquainte the Lords of the Tobacco detayned by mr Iacobb, notwithstandinge the graunt of their Pattent their letter from the Lords of the Counsell and the Companies offer vnto him; Desiringe to vnderstand their further pleasure, who have agreed to make a further Offer (iff itt may be accepted) to leave a 20th parte wth him in spetie, as allso an other xxth p̱t for ye Kings Custome till they have tryed theire Pattent, And for the assistinge of mr Thr̃er theris now entreated, My Lord of Warwick, Lord Paggett Lord Cauendish, Sr Iohn Dauers, Sr Nath: Rich, mr Iohn Wroth and mr Cranmore.

Mr Tr̃erℯ: purpose to Acquaint ye Lordℯ of the To- bacco deteyned by Mr Iacobb

Agreed to mak a further Offer.

Intelligence beinge given that the Acco: of the Magazine beinge made vpp and redy for the Audite, this Courte have now appoynted Auditors for the same vizd: mr Bull, mr Keightley, mr Briggs, and mr Cranmer.

Auditors to exam- ine ye Magazine Accompt:

A ɫre was shewed to mr Thr̃er by mr Dr: Wynstone written by a frend vnto mr Bland intymatinge a greivous scandall layde vppõ Virginia by some who hath lived there, of the Barronesse and in fer- tilytie of the Soyle, wch by reason the reporte of all those that hath beene there is veryfied to be false, as allso that itt tendeth to the discourragment of sundry Adventurers who purposed to transport men thither for the settinge vpp of Iron workℯ Itt was thought good for the depressinge of such base reports, [(] a former ɫre to the like effecte beinge formerly diuulged) that itt be showed to the Counsell, to impose such penalty of the person as may be held expedient, and to consider of a Publicac̃on to be sett outt in printe for the Confutac̃on therof. [51]

A ɫre shewed vnto mr Thr̃er written by a frend to mr Bland; touchinge ye Barroness of ye soyle in Virginia

The ɫre to be shewed to ye Coun- sell to impose a penalty vppon ye person and to con- sider of a Publi- cac̃on to be set out in Printe.

DECEMBER Ye FIRST 1619.

Present. Right Honoble: ye Lord of Southampton.
Sr Edwin Sandys Knight Thr̃err.
Sr Thom: Roe. Nicho: Hide esqr. mr Wiseman.
Sr Iohn Dauers. Arth: Bromfield esqr. mr Keightley.
Sr Ferd: Gorge. Iohn Bargraue esqr. mr Cranmer.
Sr Ni: Tufton. Aug: Stewarde. mr Casewell.
Sr Io: Wolstenholme. mr Io: Ferrar Dept. mr Couell.
Sr Nath: Rich. mr Kempton. mr Barnarde.
Sr Tho: Wroth. mr Nicholas Ferrar. mr Meuerell.
Sr Law: Hide. mr Caninge. mr Geor: Smith.
Io: Wroth esquire. mr Blande. mr Leuor.
George Sandys esqr. mr Bulle. mr Robertℯ.
Tho: Gibbes esqr. mr Ed: Ditchfeilde. mr Mellinge.

Before the readinge of the Courte mr Tr̃er signified that two seuerall times hee had attended the Lords of his Mats: most honorable Pryvie Councell, about the Magazine goodℯ butt nothinge was done the first time because mr Iacobb was thought §to§ had been warned but was not, Therfore their Lops required mr Thr̃er to sett downe his minde in writinge and deliuer itt vnto them vppon this day, against wch time The Kingℯ Learned Councell would be present, and Mr Iacobb should be required to attend, wch accordingly Mr. Ther̃rer p̱formed, and pre- sented itt this daie vnto their Lops wch was the first buisines they tooke into considerac̃on, notwthstanding the said mr Iacobb was nott present, although the messenger affirmed that hee warned him, ther- fore by reason of his absence the Lords would not p̳ceed to a finall determinac̃on, Butt mr Atturny delivered his opinion cleerly for the right of the Company, whervppõ itt was adiourned till to Mor- row, vnderstandinge that mr Iacobb wilbe there wthout faile.

Mr Threrℯ signifi- cac̃on of twice at- tendinge ye LLs: of ye Councell.

Mr Thr̃er required by ye Lords to sett downe his minde in Writinge.

accordingly per- formed.

Mr Iacobb not present.

Adiourned.

The last great generall Courte beinge read mr Thr̃er affirmed acquainted them that mr Iohn Delbridge purposinge to settle a p̱ticuler Colony in Virginia desyringe of the Company that for the defrayinge some p̱t of his charges, that hee might be admitted to fish att Cape Codd. Wch request was opposed by Sir Ferdinando George aleaginge thatt hee allwaies favoured mr Delbridge butt in this hee thought himselfe somethinge touched that hee should sue to this Company, and not rather to him as prop̱lie belonginge to the Nor: Collony to give libertie for the fishinge in that place, itt lyinge wthin their latitude, which was answered by mr Tr̃er, that the Compa: of the So: and North Plan- tac̃ons are the one free of the other, And that the ɫres Pattentℯ is cleer that each may ffish within the other, the Sea being free for both. [52] Wch if the No: Colony abridge them of this, they would take away their means and encourragment of sendinge of men, Vnto which Sr Fer- dinando Georges replyed that if hee mistake not himselfe both the Companies were lymitted by the Pattent vnto which hee would sub- mitt himselfe, ffor the decydinge wherof itt is referred vnto the Councell who are of both Companies to examine the ɫres Pattents to morrow afternoone att my Lord of Southamptons and accordingly to determine the Dispute.

Mr Delbridge de- sire to fish at Cape Codd

His request op- posed by Sr Ferdi- nando Gorges.

Answered by Mr Thr̃er.

Sir Ferdinando Georges reply.

The Councell of both Compa: to examine ye ɫres Pattentℯ.

Mr. Deputy informed the Courte that Capt: Tompson haveinge a good Ship burthen 320 Tunn, the Comittees att their meetinge have agreed wth him if the Courte shall allow thereof to give him 1200li to transport for them into Virginia Two hundred men; and for 50 Tunn fraight of goods in the said Ship 100li more, in all Thirteen hundred pound and to victuall their men after that proporc̃on as by a not was shewed him, Capt Tompson promisinge to give Caution to the Company for such monneys as hee shall receive aforehand; And for p̱formance of the said Voyadge the said Capt: Tompson was demaunded when he would sett outt, who promised to be redy in Tilbury Hope the sixth of ffebruary next, and would stay there fower daies to take in such as should come, and fower daies more att Deale butt if aboue Tenn daies that then itt might be lawfull for him to departe, Demaundinge of the Company Eight hundred pounds in hand and fiue hundred pounds vppon certificate of the men and goods to be landed in Virginia wch hee insistinge vppon mr Thr̃er in the behalfe of the Company made offer to give him Seaven hundreth pounds, and Six Hundreth vppon Certificate as aforesaid: He beinge so farr from exactinge of the Com- pany that hee promised that if they would lay into the Ship halfe a Tunn of Aquavitæ for ther Sicke men hee would forbeare the present payment of the 100li in question wch the Courte promised to p̱forme. Whervppon mr Deputy acquainted the Courte for accomodatinge all men, that if any p̱ticuler Adventurer would send ouer men to Virginia let him give notice of the nomber therof to William Webb the hus- band and pay vnto him six pounds for their passage Shippinge should be provided for them wth the Companies men.

Mr Deputies sig- nificac̃on of ye Comittees agree- ment wth Capt Tompson.

Capt Tompson to giue Caution for such monneys as hee shall receaue beforehand.

To be redy at Til- bury hope.

his demaund of 800li in hand & 500li vppon certifi- cate Cr.

Mr Thrers offer in the behalfe of ye Company.

Perticuler Aduen- turers.

to Acquaint Mr Webb wth ye nom- ber they send.

And because himselfe and the Comittees will have more then enough to provide all things necessary and sufficient against that time of sendinge their people away hee desyred that every one of the Com- pany would give their helpinge hand for the furnishing them wth good and able men for this voyadge, and to take such care and paines in itt as if itt were for their owne pryvate prayinge all men to take notice of his request. [53]

euery one of ye Company to help for ye furnishing them with good & able men.

Itt was propounded that in Considerac̃on of some publique guiftℯ given by sundry Persons to Virginia, divers Presents of Church plate, and other ornaments—200li already given towards buildinge a Church and ffive Hundreth pounds promised by another towards ye educating of Infidles children that for the honour of God and memoriall of such good benefactors a Table might hange in the Courte wth their names and guifts incerted and the Mynisters of Virginia and the Som̄er Ilands may have intelligence thereof, that for their pious workℯ they may com̄end them to God in their prayers, wch gen9ally was held very fitt and expedient.

A Table of ye Guiftℯ and names of ye Doners to hang in Court

And forasmuch as by the orders of this Courte the Lotteries are now to dissolve that therfore they would consider of some course for the defrayinge of future charge or else continue them halfe a year longer, Whervppõ findinge no other means as yett to accrew vnto the Com- pany, Itt was ordered they should last till midsomer next. and being putt to ye question was confirmed by erecc̃on of hands.

The Lotteries con- tinued till Mid- somer next.

ffurther Mr Thr̃er made knowne that hee had received a verie fauour- able ɫre from the Lord Arch Bishop of Yorke that if hee will send more breefs ther shalbe new Collecc̃ons, As allso how much the Com- pany was beholdinge to the Dyocess of London, my Lo: Bishopp haveinge sentt in a ffull Thousand pounds, As allso yt mr Register demaundeth 20li wch hee saith the Compa: promised him for his paynes. wch the Courte thinks him very worthy off, and therfore have agreed that hee shall have the said some of xxli paid vnto him out of such monneys as shall com to him or is yett remayninge in his Custodie.

Mr Tr̃er signified of a ɫre Receiued from ye Lo: Arch- bishop of Yorke and how much the Compa: is behould- ing to ye Dyocess of London.

1000li sent in by ye Bishop.

20li to be p: to ye Register.

DECEMBER—THE XVth

Present
Ri Honole: the Lord of Southampton.
The Lord of Warwicke.
The Lo: Pagett.
Sr Edwin Sandys Thr̃e.
Sr Tho: Roe. mr Christ: Brooke. mr Henry Briggs.
Sr Iohn Dauers. mr Tho: Gibbes. mr Georg Swinhoe.
Sr Tho: Wroth. mr Edw: Harbert. mr Aiscough.
Sr Hen: Iones. mr Aug: Steward. mr Keitley.
mr Dr Anthony. mr Ri: Tomlynℯ. mr Berblock.
mr Dr Gulstone. Capt Samu: Argoll. mr Nicho: Ferrar.
mr Dr Winston. Capt Da: Tucker. mr Sheppard.
mr Io: Wroth. mr Nicho: Leate. mr Bull.
mr Wrote. mr Bamforde.
mr Io Ferrar Dept. mr Cranmer.
mr Wm: Caninge. mr Woodall.
mr Wm: Palmer. mr Casewell.
mr Sparrow.
mr Robertℯ.
mr Arundell.
mr Wiseman.
mr Ditchfield and others. [54]

These seuerall Bills of Aduenture being allowed by the Auditors, Att their Audite the xiijth of December 1619 were now passed and receaved the Courts Approbac̃on.

Bills approued of and passed ouer.

Iohn Cage esquire turned ouer nine bills six of them to mr Dr Theo- dore Gulstone, and Three to mr Isack Seaward.

Peter Bartes three bills to Dr Theodore Gulstone.

II. Writing of Thomas Collett (?) Being page 54 of Volume I of the original MS.

Iohn Payne gent one bill to Dr Theodor Gulstone.

Augustine Steward esqr 3 bills to Sr Henry Iones Knt.

Katherne Clarke widdow one bill to Edward Harbert esqr.

Sir Edwin Sandys and §as§ itt was ordered in the last Courte repayr- inge the next day to the Councell Table presented a Petic̃on to their Lops: accordinge as itt was referred vnto him in the name of the Coun- cell and Company in wch was conteyned the wholl State of the buisines, Mr Iacobb beinge there, it pleased their ll͠ps: to give them moste honor- able audience hearinge the allegac̃ons of both sides. Wher mr Attur- ney generall delivered his cleere opinion to the LL͠s That the Company by their Pattent were free from Imposic̃ons; And in fine itt was ordered by their Lops: that the said Mr Iacobb should deliver the said Tobacco vnto them paying all other Duties that might app̱teyne there- vnto, wch was submitted to their Lops: Iudgments; 1

See letter from the Privy Council to Abraham Jacobs, List of Records, No. 137, page 136, ante.

Therfor he moved that the Petition togeather Wth their Lops: order might be entred in the Courte Booke wch was well liked of: being as followeth.

A petic̃on deliu9d by Sr EDw: Sandys to ye ll͠s touchinge mr Iacobb.

The Allegac̃ons of both sides heard.

Mr Iscobb to de- liuer the Tobacco

To ye Ri: Honor: the LL͠s: and others of his Mats: most Honorable Priuie Councell

The humble Petic̃on of ye Thr̃er Counsell and Company for Virginia

Humbly shew vnto yor Lops: Wheras the Plantac̃on of Virginia by reason of many great difficulties hath beene and still is a matter of excessive charge to the p̱ticularr Adventurers, And if itt please God to p̳sper the same so as itt be brought to p̱fecc̃on (wherof the hope is now greater then heretofore att any time) Itt wilbe a matter not onely of strength and honour butt allso of great proffitt to his Maty: and his people And to his Maty p̱ticulerly in his Customs, vnto wch the negotiac̃on established wth Virginia will raise a cleere and in short time a great addic̃on, as growinge by mutuall Traffique betweene the English and English, who now yearly remove thither in very great multitudes: [55] In wch and many other important Considerac̃ons itt pleased his most excellent Maty: of his Princely benegnity by his ɫres Pattents bearringe date the 23th of May in the Seaventh year of his Raigne of England Cr. To graunt vnto the said Company ffreedome from Custome and Subsedie in Virginia for one and Twenty years and in England for a certaine nombr of years now expired, and from all other Taxes and Imposic̃ons for ever. "Exceptinge onely the ffiue "pounds p̱ Centũ: due for Custome vppon all such goods and Marchandizes "as shalbe brought or Imported into this Realme of England or any other his "Mats: Dominions accordinge to the Ancient Trade of Marchants."

The Compa: Peti- c̃on to ye Lordℯ de- claringe their free- dome of Imposi- c̃on

And the like graunt hath beene made by his Maty: to ye Compa of ye Som̃er Ilands by his gracious ɫres Pattents bearinge date the 29th of Ivne in the 13th yeare of his Raigne of England Cr save that the freedome from Custome and Subsydie graunted to them is not yett expired. Which Compa of the Somer Ilands are all members of the Virginia Company and for the mutuall strength of both parties are soe to continue.

All wch notwithstandinge the ffarmors of his Mats: Customs by a generall rate made of Tobacco att xs the pound in regard the Spanish Tobacco is worth much more though the Virginia Tobacco give not halfe so much, demaund of yor Supplyants vjd the pound for their Virginia Tobacco wch they humbly desire may be rated att a iust valew by itt selfe (wch they shall willingly pay) and not raysed to the double by cooplinge itt wth the Spanish wch is sould ordinaryly att 18s the pound and some times att more.

They Complaine allso to your LLps: of mr Iacobb ffarmor of ye Impost of Tobacco who by color of a much latter Graunt from his Maty demaundeth of them an other vjd the pound vppon their Tobacco contrary to his Mats most gracious Graurt, and wch allso itt is not possible that poore Comodity can beare.

They humbly therfore offer to yor LL͠ps: Considerac̃on wheras for the support and increase of that Plantac̃on to draw on the Collony more cheerfully to apply their labour, they have erected here a Society of p̱ticuler Adventurers for Traffique wth them of Virginia in a Ioynt Stocke for dyvers years commonly called the Magazine, and have contracted with ye people ther, as for other Comodities so p̱ticularly to give them iijs a pound for Tobacco, by vertue of wch Contracts a great multitud of people have lately beene drawne to remove thither, and not soe fewe as one Thowsand Personns are providinge to goe and Plant there in the Springe approching, that if to that iijs be added this 12d demaunded by the ffarmorr together wth other charges of ffraight Cr itt will exceed the vttermost vallew wch att this day the Tobacco can be sould for, and consequentlie must needs dissolve this Traffique established.

And they further Complaine to yor LL͠ps: of mr Iacobb that wheras this Com- pany for the vphoulding of the said Traffique sett out in September was Twelue moneth a Ship to Virginia for the bringinge home of the Comodities as itt were the Harvest of that yeare, wherby the people there are to be maynteyned wth clothinge and necessary Implements. [56]

The Company here quickned wth hope of proffite by traffique and by this mutuall negotiac̃on his Mats Customs advanced: And accordingly in Iune last their Ship returned and brought home Twenty thousand pound weight of Tobacco for wch besides the Marchandize bartered wth them there they are to discharge here aboue Eight hundred pounds of Bills of Exchange, And vppon returne of their Ship they brought their goods into the Custome house as they were required that they might be weighed and the Custome answered for the same wch they were most willinge and redy to discharge, Mr Iacobb of his owne authority interupted the weyinge of their Tobacco and forbad farther proceeding vnless that impost of vjd a pound were allso paid vnto him.

Whervppon they flyinge to yor Lops: for releife obteyned yor honoble͠: Letter to mr Iacobb to deliver their goods they entringe into bond to pay him whatso- ever should appear to be his due, by yor ll͠ps iudgmentℯ vppon certificate from his Mats: leirned Councell, and wth in one moneth after itt should be determyned, wch order yor Supplyantℯ did offer him to p̱forme.

But mr Iacobb refusinge to p̱forme yor ll͠ps: order and exactinge of them another bond, vizd to pay him his demaund att a certaine day vnless they p̳cure in the meane time a discharge from yor ll͠ps: wch they thought vnfitt to vndertake beinge not in their power to effect hath ever since now for the space of fower monneths and vpward Contrary to his Mats L̃res Pattents and yor Lops honor- able ɫres (an example vnheard of) forceably deteyninge their goods to their damage att least of—2500li partly by the impayringe therof in worth through dryinge and other corrupc̃on and partly by the Sale of price vppon the Store of English Tobacco wch hath since beene made

They further Complaine of mr Iacobb that wheras the Som̄er Ilandℯ are yett free for two years and an halfe vnexpired of very Custome and Subsedie, mr Iacobb who standinge by his Officers at Plymouth hath caused 12d the pound to be exacted for their Tobacco, and bond to be entred for the payment therof on the Sixth of this monneth vnless yor lops: shalbe pleased in the meane time to discharge ye same.

In considerac̃on of wch premises these Petic̃oners most humbly beseech your good ll͠ops: that wheras they are now in treaty for the providing & settinge forth of two Ships imeadiately, the one to Virginia expresly for his Mats service, and the other to the Somer Ilands for the necessary fortefyinge and securinge of that place, And for as much as they dare not lett them Carry thither soe vnwellcome news, as in the p̱ticulers before sett downe And forasmuch allso as the preparac̃ons for the transport of those = 1000 = Persons are now all att a stand waightinge vppon the success of this present buisines that yor ll͠ps: of yor accustomed goodness and fauor toward this Plantac̃on, and to preserve itt from vtter ruine now threatned by those Courses wilbe pleased in vphould- inge of his Mats: gracious Graunt vnto them to cause their goods thus deteyned to be att length deliu9ed vppon payment of such duties as of right ought to be paid.

And they shall allwaies pray for yor lops: long Continuance in all pros- perity. [57]

Captaine Argoll vppon his owne desire to answere to such Crymes as are imputed to him in the time of his Gouerment hath been sundry times summoned to meete the Councell att Southampton house where haveinge sett many daies, Mr Thr̃er now presented the passage of their seuerall p̳ceedingℯ wth him devydinge his charge into three partes.

Capt Argollℯ de- sire to answer such Crimes as are im- puted to him.

Mr Thr̃erℯ reporte of their proceed- ings with him.

1: His Offences in matter of State, 2: The Depredac̃on and spoile of the publique wth other offences to the Company and Councell and 3: his oppression there of the Collony in generall and sundry p̱ticu- larr men.

To the Two first mr Thr̃er vppon the desyre of the Counsell was con- tent to collect the falts, and sett downe §in§ Articles the greivances of the Company because the said Capt Argoll desyred to answere every pointe in writinge. Butt the third of the opression of the people haveinge no affinitie wth the two other partℯ may be answered by themselvs when Certificate shalbe returned from thence of the same hee haveinge answered to the 4 firste Articles of Matter of State, The second parte of depradc̃on was deliu9d vnto him in Eight Articles by mr Thr̃er earnestly desyringe the Courte (as the Councell thinkℯ itt Convenyent) that the prosecutinge herof might be taken outt of his hands, and referred accordinge to the Councellℯ order vnto a Lawyer and a Marchaunt to solicite the Companies cause against him: And allso Capt Argoll desyred that in respect hee was no great Scoller that hee might have liberty to entertaine Councell to defend his Cause: Soe the Courte for the Company have now made choyse of mr Edward Harbert for the Lawyere and mr Tho: Keightley for the Marchant agreeinge that all the writings and evidences shall be putt into their hands, And that the Tr̃er and Councell shall be iudges of the buisines, Mr Deputy promisinge to enforme and ease them as much as hee cann, allowinge allso of Capt Argollℯ request.

The buisines to be referrd to a Law- yere & a Marchant. Capt Argoll to en- tertaine a Coun- cellor.

The Compa choise of their Lawyere and Marchant.

Wher vppon hee made a second that in regard Sir Thomas Smith was then Thr̃er, and may say some thinge to some orders wch was given him, that this buisines might be heard att his house, wch mr Thr̃er, said hee would not gainesay, whensoeuer the mattere were handled to the knowledge of Sr Tho: Smith, And the rather for that the firste move- inge against Capt Argoll p̳ceeded from Sr Thomas Smith, and mr Al- derman Iohnson, wth some other as appeareth both by their letters to Capt Argoll himself of the 3d of August i6i8, As allso by their other ɫres to the Lord Lawarr att ye same time, wherin they charge him wth all or most of the said Crymes, & that in verie sharpe sorte; Re- quiringe the Lord Lawarr to send him home to his answere to sequestre his goods there and to restore to the publique all such Cattle as hee had alyenated wthout lawfull warrant:

Capt Argollℯ sec- ond request

Wheras the last Court agreed to give vnto my Lord of Londonℯ Reg- ister for his paines in their Collecc̃ons the some of xx poundℯ form9ly p̳mised mr Thr̃er informed that his llop: hereing therof was not well pleased therewth and would not assent that any p̱t of the 1000li wch hee had sent in should be deminished: As allso that accordinge to the Archbishope of Yorkℯ desyre hee had sentt him 200 new breifℯ for Collecc̃on. [58]

My Lor: of Lon- donℯ dislike of xxli to be giuen to his Register.

200 new briefs sent to ye Archbishop of Yorke.

The Councell meetinge accordinge to the referrence in the last Court and p̱vsinge the L̃res Pattents grew to this Conclusion that by the lycense of the said Councell itt might be lawfull for either of the said Collonies to fish wthin the liberties the one of the other butt since some of the Northerne Collony flyinge from that agreement pretend to Consider better of itt before they will give answere therevnto. Howsover the Councell haveinge occasion to p̱sue itt vppõ the Moc̃on of mr Thr̃er have given lycence vnder their seale vnto the Society of Smiths hundred to goe a fishinge wch Seale was this day in open Courte and by the allowance therof affixed to their saide Lycense, as allso to a Duplycate of the same.

The Counsells re- porte for p̱vsing ye ɫres Pattents.

Lycense giuen to Smiths Hundred vnder ye seale to Fish in ye No Col- ony

Att this Court Mr Thr̃er acquainted the Company that the day before Sr Tho: Smiths Acco had beene brought in to the Auditors and for the spedyer Auditinge and concludinge of them itt was moved by him in the name of the Auditors who by one 1

A blank space in the manuscript.

assent had approved therof that a Publicac̃on might be sett outt in printe, In ye firste parte to sett downe the names in Alphabeticall order of every Adven- turer and their seuerall Summs Adventured that therby all may take notice of their sumes brought in, and be summoned to com in for their Land proporc̃onable thervnto, before the best were possessed by new Adventurors or Planters wch might be allso a means of a speedy encrease and of the Plantac̃on And in the second p̱t to con- fute such scandalous reports as have beene divulged of Virginia by the Iustificac̃on of the Inhabitantℯ there, wch moc̃on was generally ap- proved by the Courte referringe the drawinge of the said Publicac̃on to mr Thr̃er & Dr: Winstone. 2

Such a list was printed in the Declaration of June 22, 1620. There was also a broadside of May 17, 1620, which set forth the condition of the colony and its commodities. See List of Records, Nos. 174 and 183, pages 140 and 141 ante.

Sir Edw: Sandys moc̃on for a Pub- licac̃on to be sett out in printe

The moc̃on ap- proued of and ye drawing of itt re- ferd to mr Thr̃er & Dr Winstone.

Mr Thomas Keightley beinge formerly amongst others chosen an Au- ditor for the Magazine Accompts, now reported that although ye Court tooke some distaste att mr Essington touchinge the same, yett hee and the rest appoynted wth him haveinge Audited itt never found books in better order nor Accompts better kept, for not fower peny- worth of goods is sent butt is orderly sett downe, marvelinge that as itt appears ther should be 2000 & odd pounds owinge to the Adven- turors and they continue indebted 1000li to the Chamber of London besides—5200 and odd pounds worth of goods remayninge in the Magazine as itt cost the first penny here: Whervppon itt was mooved by mr Thr̃err that three poyntℯ might be considered: 1: The sale of the Tobacco 2: Concerninge those difficulties that are founde in the Accompts menc̃oned by mr Keightley: 3: wheither to p̳ceed wth the Magazine or dissolve itt. ffor the first mr Bearblock, mr Caninge, and mr Smith are intreated to goe to Sr Iohn Wolstenholme to know when hee holds itt convenyent to make Sale of itt, and accordingly order shalbe given for the Adventurers meetinge. [59]

Mr Keightleys re- porte touchinge ye Magazine Acco

Mr Thr̃er moued for 3: things to be considered of

ffor the second itt was agreed accordinge to former order that when the Accomptℯ are prepared they shalbe presented to the Counsell to have those doubtes decyded, And Wheras the Society of Smiths Hundred are indebted to the Adventurers of the Magazine for men transported in the William and Thomas Itt is referred vnto fower to examine what is due and itt shall be paied vizd mr Caswell and mr Smith for the Aduenturers, and mr Iohn Ferrar and mr Keightley for Smiths hundred; And for the last whether the Magazine shall con- tinue or noe, itt is referred to be disputed of att the Adventurors meet- ing for Sale of the Tobacco.

ffor the fiftie men wch are now to be sent vppõ Com̃aund from his Maty: Itt was agreed vppõ the moc̃on of mr Thr̃er for the apparrellinge and furnishinge them wth other necessary expences, one Hundred pounds shall be allowed to be disbursed out of ye Cash and afterward to be reembursd wth the rest by their Maisters.

100li to be dis- bursed out of Cash for furnishing of ye 50: men.

Mr Thr̃er signifyinge yt the Lord Maior desyringe some of the Com- pany to be present att their Court att Giuldhall they should vnder- stand the Citties pleasure touching the moc̃on for the Children, therfore mooved yt some might be appoynted to attend them to know their resoluc̃ons: Whervppon the Courte ernestly entreated himselfe to take the paines Associatinge vnto him Sr Iohn Dauers, Sr Tho: Wroth, mr Iohn Wroth, mr Dr Winstone, mr Abbott, mr Gibbs, mr Bearblock, mr Caninge and mr Palmer tomorrow morninge att 10: of the Clocke att Giuldhall wch notwthstandinge the multiplycitie of many other buisinesses for the Company hee hath p̳mised to p̱forme.

Some of ye Compa: to be att ye Court at Giulde hall.

Itt is agreed that mr Batemans bill of Exchange shalbe paide by the Adventurers of the Magazine who are content to disburse the money till itt may be vnderstood who of right shall pay itt.

Mr. Batemans bill of Exchange to be paide by ye Ad- uenturers of ye Magazine.

Mr Ralph Yeardleys Petic̃on in behalfe of his Brother Sr Georg Yeard- ley was read and approved by the Courte, butt by reason itt grew late itt was referred to the next Court to be p̱formed.

Mr Ralph Yeard- leys petic̃on ap- proued of

Elizabeth Barkeleys Petic̃on referred to the same time.

Eliza: Berkeleys Petic̃on referd.

Notice beinge given to Mr. Thr̃er that Katherine Bath hath chosenn Frauncis Barradine of London Chandlor to be her Gardeon, who beinge present shewed forth an Instrument for the same, Itt was agreed yt a warrant should be made for payment of the Sixteen pounds odd mony to the said ffrauncis Barradine for her vse and so the Com- pany to discharge themselvs of that Debt wch accordinge to a former order they were to pay vse for appoyntinge him to be vppon Munday morninge att the generall Audite and hee should receive yt. [60]

xvili to be paide Frauncis Barra- dine for ye Vse of Kath: Bath.

DECEMBER, Ye 23: 1619

Present.
Ri Hono: Lord Cauendish.
Generall Cæcill.
Sr Iohn: Dauers. mr Iohn Ferrar Dept. mr Wm: Cañinge.
Sr Nath: Rich. mr Dr Winstone. mr Bull.
Sr Io: Wolstenholme. mr Ferrar Iunior. mr Caswell.
Sr Henry Iones. mr Nicholas Leate. mr Bearblock.
mr Iohn Wroth. mr Henry Briggs. mr Mellinge.
mr Tho: Gibbes. mr Tho Keatley. mr Geo. Smith.
mr Edw: Harbert. mr Cranmere. mr Robertℯ.
mr Kempton. mr Bamforde. mr Sparrow.

Extr: Courte.

A Comission to Iohn Damyron mr of ye Duety beinge now red & allowed for takinge the first op̱tunytie of winde and weather to sett Saile for Virginia wth the Passengers the Company shippeth by Commaund from his Maty: was now ordered that the Seale should be thervnto affixed.

A Comission for Ino Damirõ or- dered to be sealled.

Mr Deputy informinge the Court that the knight Marshall havinge been wth mr Thr̃er gave him to vnderstand that vppon Munday morn- inge, ffiftie of the Persons to be transported for his Maty: should be att Bridewell for the Company to make choyce of such as they thinke for the present fitt to be sent therfore moved that some might repare thether att 8 of the Clock to meet the knt Marshall about that buisi- nes; Whervppon the Courte have desyred Mr Dr Wynstone, mr Can- inge, mr Cranmore, and mr Thomas Mellinge to be there att that time.

Some of ye Compa: to be at Bridewell touchinge ye 50: men yt must be transported

The Charter party beinge drawne and now p̱sented between Sr Edw: Sandys knt Thr̃er and Sr Anthony Aucher, and Capt Thompson express- inge ye Coueñntℯ betweene the Compa: and the said Capt Tompson for fraight of the good Ship called the Ionathan, and Transportac̃on of 1

A blank space in the manuscript.

Passengers; Mr Deputy desyred that Mr Thr̃er beinge to seale yt for the vse of the Company, there might be an order of this Court to save him harmeless. wch the Courte so willingly assented vnto yt they confirmed his securitie (beinge putt to ye question) by erecc̃on of hands.

The Charter party betweene ye Com- pa: and Capt Tomp- son presented.

Mr Thr̃r. to be saued harmeless.

ffifteen thousand waight of choyce Tobacco beinge sep̱ated from the worst, one third p̱t of itt was agreed to be putt to Sale by the Candle allowinge Trett 4 in the C: to pay att : 6 : and : 6 : moneths and if any of the Compa: buy itt, to have the Custome free if they export itt: Mr Tho: Mellinge biddinge iijs want a penny att the goinge out of the flame had itt adiudged.

1500: wtt of choyce Tobacco seperated from ye worst

Mr Mellinge had it adiudged.

A warr̃nt accordinge to order in the last Courte was now allowed and signed by the Auditors to mr Thr̃er for the paymt of Sixteen pounds to ffrauncis Barradine Katherine Bath haveinge made choyce of him to be her Guardian.

A warr̃nt sealled to mr Thr̃r for paymt of xvjli to Fra: Barradine for Ka: Bath

Ann other warr̃nt was allowed and signed to mr Thr̃er for paymt of 400li: to Capt: Tompson, in p̱t of the Compa: agreemt for the fraight of the Ship and Transportac̃on of Passengers accordinge to order of Courte made primo die xbris 1619.

A warr: sealed to Mr Thr̃r for pay- mt of 400li to Capt Tompson.

Elias Robertℯ haveinge paid in 12li:10s:00 to mr Thr̃er a bill of Adven- ture was now allowed & sealed vnto him for a single Share of 100 Acres of Land in Virginia. [61]

A bill of Aduen- ture sealed to mr Robertℯ.

JANUARY Ye VIIJth 1619

Present.
Sr Edwin Sandys Knt Thr̃er.
Sr Iohn Dauers. mr Thomas Gibbes. mr Edw. Ditchfield.
Sr Frauncis Lee. mr Nicholas Ferrar. mr Whetley.
Sr Io: Wolstenholme. mr Wm Cañinge. mr Casewell.
Sr Nath: Rich. mr Hen: Briggs. mr Bull.
mr Robert Ofley. mr Ri: Wiseman. mr Darnelly.
mr Io: Ferrar Dept. mr Tho: Keightley. mr Bearblock.
mr Dr Gulstone. mr Cranmer. mr Georg Smith.
mr Robertℯ.
mr Mellinge.

Mr Thr̃er signified that the cause of this extraordinary Courte was to vnderstand their resoluc̃ons, about a matter recom̄ended to them frõ his Maty: by reason of the Maister ∥of the∥ Wardes, whether the Com- pany would ffarme the impost of Tobacco or any p̱t therof att Eight Thousand pounds p̱ Annũ and pay 12d a pound for Custome of their Tobacco, itt haveinge been thought convenyent to raise the Custome vppõ Tobacco to that Rate for that some Spanish Tobacco hath beene sould att Twenty Shillings p̱ pound of wch 12d: vjd: was to be paid to the ffarmers of the Imposte and vjd to the ffarmers of the Custome.

The callinge of this Court to consider whether ye Compa: wolde farme ye im- post of Tobacco

The Custome thought fitt to be raised.

After some disputac̃on itt was answered that the Kinge hadd graunted them their Pattent vnder the brode Seale vppon good grounds, to paie onely five p̱ Cent̃: and no more wch Prevyledge they could not give vp nor betray withoutt great breach of duety, as allso the certaine hazard of the whole Plantac̃on, And this poynt was stood so reso- lutely vppon that being putt to the question itt was confirmed by all the hands noe one dissentinge.

The resoluc̃on for paymt only of ye: 5:p̱C. graunted by ye King in his ɫres Pattentℯ con- firmed

And therfore forasmuch as their Virginia §Tobacco§ was never yett sould in any sale that tooke effect att aboue five shillings the pound but many times vnder they could not give way to pay more for Cus- tome then three pence vppon the pound wch is full five in the hundred yett so that if hereafter itt should rise to a higher price they would willingly encrease their Custome to the highest of that rate.

if ye Virg: Tobacco rise to a higher prise they are con- tent to encreas the Custome to the highest rate.

Yett in regard they vnderstand by mr Thr̃er that his Maty: out of love and affecc̃on to this Company have given order for ye inhib- iting the plantinge of English Tobacco for these five years to beging at Michaellmas next insueinge wch resteth to be proclaymed till the Company have deliuered their Answere wch is expected att ye Counsell Table this afternoone, in Considerac̃on therof itt is now assented [62] to and ordered by the Courte that duringe the said ffive years if ye Proclamac̃on continue so longe and take effect in gratificac̃on of ∥ to ∥ his Maty for his most gracious fauour to add nine pence more vppon a pound so to make itt vpp xijd beinge in full of his Mats demaund though not in the same forme.

The Planting of English Tobacco inhibited by his Maty for those 5 years.

Nine pence vppon a pound to be Add- ed to sattisfie his Mats demaund.

And beinge demaunded by mr Thr̃er whether they would vndertake the farme or participate therof the Court held itt inconvenyent to medle therwth in their generall for as much as they had neither Stock nor Rente yett wherby to pay itt, Yett because his Mats: most gracious offer should nott seeme in any poynt to be neglected or refused, Itt was desyred thatt some p̱ticularr p̱sonns of the Com- pany, and in name of the Company though for their owne p̱ticularr vse should ioyne for some p̱t therof wch was assented to; And mr Thomas Keightley wth some other yeilded to accept therof for a third p̱t wch was Confirmed and so ordered by the Courte.

The Vndertakinge of the farme held inconvenyent.

Some p̱ticular per- sons of ye Compa: to ioyne for some p̱t therof

And because this their determinac̃on mvst forthwith be presented to the Lords, The Court have desyred mr. Thr̃er to take the paines and have entreated to accompany him, mr Tho: Gibbℯ mr Wheatley, mr Cranmer, mr Keightley mr Ditchfielde, mr Wiseman, mr Bearblock, mr Caswell, and mr Mellinge.

Mr Thr̃erand some others to draw ye Compa determina- c̃on & present it to ye Lord

IANUARY Ye: 12th: 1619

Present.
Sr Edwin Sandys Knt Thr̃er.
Sr Tho: Wroth. mr Richard Tomlynℯ. mr Bamforde.
Sr Io: Wolstenholme. mr Tho: Keightley. mr Caninge.
Sr Nath: Riche. mr Harbert. mr Briggs.
Sr Henry Iones. mr Nicho: Ferrar. mr Woodall.
mr Robt. Offley. mr Bearblock. mr Couell.
mr Iohn: Ferrar Dept. mr Caswell. mr George Smith.
mr Thomas Gibbes. mr Meuerell. mr Arrundle.
mr Swinhow. mr Eli: Robertℯ
mr Tho: Mellinge.

This Courte was given intelligence by mr Thr̃er that hee had acquainted the Lords Comissioners for the Treasury as hee and some others ∥were∥ requested touchinge the determinac̃on of that his Maty: recommended vnto them expressed att large in the Court goinge before wch was yt notwithstanding they altered the forme of his Mats: demaund yett they agreed in ye substance of giveinge xijd a pound, vizd 3d Custome accord- inge to ther Pattent and nine pence more for five years in Considerac̃on of the displantinge of English Tobacco. Yett the Lords tooke itt [63] acceptably that in substance they had agreed and for matter of forme itt should be accomodated by beinge passed ouer on both sides:

Mr. Thr̃ers report touching ye deter- minac̃on of that his Maty Comend- ed vnto thẽ.

The Acte to be en- tred in ye LLs: Comissioners Re- cords.

Butt for as much as divers of the Courte conceiveth that vnless this offer and the true meaninge therof be entred as an Act in the LL͠s: Comissioners Records itt wilbe very difficult att the expirac̃on of five yeares to wthdraw itt butt that continuinge so longe itt wilbe expected forever as a duty due from the Company to his Maty: ffor prevent- inge of wch so neere as may be the Courte hath now appoynted a Comittee to repare to the Clark of the Counsell, and to take care that this bargaine be Recorded, and to p̳cure a Coppy therof to be entred amongst the rest of the Companies orders: And because the said Clarke of the Councell may better vnderstand the Companies true meaninge they have required their Secretary to Coppy outt their last Courte that the said Comittee may deliver itt vnto him. The Comit- tees are Sr Iohn Dauers, Sr Nathaniell Rich, Mr Thomas Keightley, and Mr Berblock, who have promised to goe aboute itt vppon ffryday Morninge next att eight of ye Clocke.

A Comittee to re- pare to ye Clerk of ye Counsell to take care yt ye bargaine be entred & to pro- cure a Coppie ther- of to be entred amongst ye Compa: orders.

The Secretary to draw a Coppy of ye last Courte

And wheras some desyred that in handlinge of this buisines they would have cleered the garblinge of their Tobacco, wch is expected shortly to be imposed vppon them by the Pattentees thereof: Itt was answered that itt was not a thinge p̱tinent to this buisines, as allso that in the last Court itt was spoken of butt not concluded as thinkinge itt vnseasonable to goe aboute preventinge of that wch as yett was not demaunded, and in right could not be imposed on the Company whose goods are free from all imposic̃ons and Taxes.

The cleeringe of their garblinge of Tobacco held im- p̱tinent to this buisines.

Mr Thr̃er and mr Deputy beinge yeasterday wth the Lo: Maior, Reported that hee informed them, the Cittie had agreed to provide one hundreth Children for Virginia, and to allow the Company five pound apeec three pounds towards their passage and ffortie shillings for Aparrell, desyringe mr Thr̃er to deliver in writinge the Condic̃ons the Company will p̱forme wch hee hath promised to doe to morrow: And further did demaund what land they should have in lew of their Transportac̃on, who answered that they were not to have any, butt after the expirac̃on of their Apprentishipp, they were to be Teñntℯ to the Common Land, butt in regard the Cittie beareth the halfe charge of their transportac̃on hee thought the Court would allow them 25 Acres apeec of every each one of them, wch for the p̢sentt his Lorp: seemed to be sattisfied therewith. [64]

Mr Thr̃er & Mr Deputie their re- port touchinge ye 100 Children to be sent to Virginia

Concerninge the Magazine touchinge the poynt wheither itt should continue or nott, after some reasons given for the maynteyninge of itt no longer, Itt was generally agreed by the Adventurors that itt should be dissolved, wch by erecc̃on of hands beinge putt to the ques- tion was ratefyed, now orderinge that for the 5200: and odd pounds worth of goods there remayninge rated as they Cost heer first penny shall first be putt of, before any other of the same kinde wch p̱adven- ture by pryvate men may be sent, and so much to give ye Plantac̃ons informac̃on of by letters, as allso that if they will ioyne and take these Magazine Goods remayninge in store, that then itt shalbe law- full for them to have presently an absolute free Trade, wch may seeme by this restrainte to be in p̱t debarred from them.

The Magazine dis- solued.

And for asmuch as Sr Iohn Wolstenholme by reason of his waightie imployments, can by no means Continue in the place of Director hee is now freed of the same, And by the Adventurors now present agreed that their gouerment shalbe the same, wth the Gouerment of the Courte saveinge that in matters meerly concerninge the Magazine none shall have voyce butt the Adventurers.

Sr Io: Wolsten- holme freed from ye place of Direc- torr.

And for the Tobacco remayninge yett to be sould itt was agreed as p̱t of the Adventurers held itt requisite that Mr Leat for the better Sale of the other should have one third of the whole, vppon such Condic̃ons as the rest shalbe sould, and to pay for itt att such time and tymes as shalbe for that remayninge concluded vppon; Prouided that itt be good & Marchauntable and for the rest beinge estimated to be about 10000 waight itt was agreed should be devided into ffive parts and have entrusted as well the deliuery of the ⅓ to Mr Leate as the Sale of the rest, vnto Mr Wiseman and Mr Cranmer, for the Com- pany and for the Adventurers, Mr George Smith, Mr Rich: Paulson, Mr Caswell, and Mr Mellinge, wch beinge putt to the question was by hands Confirmed.

for y Tobacco: vn- sould mr Leate to haue one third of ye whole.

Mr Treasurer declared that for the expeditinge of Sr Thomas Smiths Accompts the Auditors resolved and accordinge as they hadd prom- ised my Lord of Southampton to sett forth an Alphabeticall publi- cac̃on of all the Adventurors wch hee reported now they could not p̳forme by reason mr. Markham deteyneth the Alphabett Bookes [65] notwithstandinge hee hath often beene required to bringe them either to the said Auditors or to the Courte and so had promised, who beinge now present himselfe answered that the keepinge of them could be no hinderance to their proceedings, for asmuch as they had the originall books from whence they were extracted, wch if the Com- pany would give him sattisfacc̃on for his extraordinary paines, hee would forthwith deliver them: Butt beinge p̱emptorily warned by mr Thr̃er hee tould him that his Allegac̃ons were false and frivelous, hee promised the next day to bringe in the Companies and for sattis- facc̃on of his paines, wch were saide by some to have beene greate, itt was not denyed but hee deserved recompence, butt whether from the Company, who for very small service done them had paid him liber- ally or from Sr Thomas Smith the rectyfyinge of whose Accompt had beene the wholl subiect of his Laboure was accordinge to the orders of the Company to be Considered in a Quarter Courte.

Mr Thr̃er signified yt ye Alpharbeti- call Publicac̃on cannot be p̱formd because mr Mark- ham deteyneth the Alphabet Bookes.

Mr Markham de- maundeth sattis- facc̃on for his paines befor he deliu9 ye Alphabet Bookes.

Mr Mellinge desyred the allowance of a bill of Adventure dewe vnto mr Humphrey Tompkins of xijli—xs: 00: wch hee adventured in the five shillingℯ Lottery: wch the Court now allowed.

Mr Hum: Tomkins bill of Aduenture allowed of

Wheras Mrs Anthony demaundeth some Prizes dew vnto her by the ffiue shillings Lottery the Courte have desyred mr Iohn Wroth and mr Cranmer to ripen the buisines of the Lotteries and then present itt to the Auditors who will take order for the payment of such pryzes as are due.

Mrs. Antho: de- maund for prizes due vnto her by ye 5 Lotte:

Mr Deputy acquainted this Courte that the Com̃ittees hadd agreed for the transportinge of 200 Personns more wth the owners of a Ship called the London Marchant about 300 Tunns vppon ye same condic̃ons as they did formerly wth Captaine Tompson, namely to pay 700li before the Ship departed and 600li vppon Certificate of the Ships aryvall in Virginia; The Ship to be redy in Tilbury Hope the xxth day of ffeb- ruary next to take in the Passengers: Mr Thr̃er and himselfe beinge demaunded by the said Owners to seale the Charter p̱ty.

The Comittees agreemt: with ye owners of ye Lo: Marchant for transporting 200 persons approued of

The Court approved of the bargaine and requested them to seale the Charter party, and ordeyned that the Compa: should saue them harmelesse. [66]

Mr Thr̃er and mr Depu: to seale ye Charter party

IANUARY THE 26th: 1619.

Present.
Sr Iohn Dauers. mr Edw: Harbert. mr Cranmer.
Sr Nath: Riche. mr Nicho: Ferrar. mr Caswell.
Sr Thomas Wroth. mr Sheppard. mr Palmer.
mr Io: Wroth. mr Henry Briggs. mr Swinhow.
mr Ferrar Deputy. mr Bamforde. mr Berblock.
mr Rich: Tomlynℯ. mr Kempton. mr Geo: Smith.
mr Tho: Gibbes. mr Oxenbridge mr Chambers.
mr Dr Winstone. mr Swifte. mr Couell.
mr Dr Bohune. mr Canninge. mr Eli: Robertℯ.
mr Sparrowe.
mr Meuerell.
mr Arrundell.
mr Mellinge.

The Comittee appoynted by the last Courte to repaire to ye Clerk of the Counsell for to see wheither their offer to his Maty: were rightly entred and accordinge as mr Thr̃rer and the Comittee wth him had signyfied and reported, Presented now a Coppie p̳cured by mr Thr̃ers help of the Record as itt stands entred in the Booke of Acts of the LLs Comiss̃ners of the Thr̃ery; butt the entringe of the Coppie into the Court booke of this Company was deferred vnto the conclusion of a more full and ample Courte, by reason that some of the Company present were of opynyon that not onely the Pattent ought to be pre- served from infryngement wch they confessed to be done, butt likewise ought to have beene strengthned, wch they said by this manner of acceptance on the Lords p̱ts was not done.

Mr Thr̃er p̢nted a Coppy of ye Offer as itt is entred in the book of ye Acts of ye LL͠s: Com̃issi: of ye Treasury.

The entringe of itt into ye Compa: Court book de- ferred.

Mr Deputy informed the Courte that three seuerall paire of Indentures for Land was demaunded of the Company, one by Robert Heath esquire Recorder of this Citty: The Second by William Tracy of Glocestersheire esqr for Transportac̃on of 500 Personns; And the Third to Lawrence Bohune Dr of Phisicke and James Swifte esqr: for the Transportac̃on of 300 Personns, wch the Courte graunted and allowed to them, to be p̱formed accordinge to the orders of the Com- pany and agreeable to former Presidentℯ of the like nature.

3 seu9all paire of Inden: for Land allowed of.

Mr Deputy allso signified that wheras accordinge to a former order made xv die Nouembris i6i9 ther is menc̃on of some explynac̃on to be made to some few of the standinge orders and an addic̃on of two or three more to be anexed vnto them. [67]

Mr Thr̃er required yt the Comittee appoynted for them, might for that purpose meet too morrow att Two of the Clock att his howse for the better preparinge of them for the Quarter Courte wch was now accord- ingly ordered appoyntinge the Officer to Summon them therevnto.

The Comittee for- merly apoynted for explynac̃on to ye Lawes desired to meete.

Next hee acquainted the Courte that the Comittees have agreed for Two Ships (if itt stand wth the likinge of this Courte) for ye transpor- tac̃on of Cattle to Virginia for the Company, and those others wch will ioyne wth the Company in the Charges: As allso that mr Treas- urer and himselfe will Seale the Charter p̱tys if they order their Securitie wch for the first poynt the Court well allowed of, and for the Second of saveinge them harmeless itt was generally assented vnto and confirmed by erection of hands.

The Comittees agremt for 2 Ships to transporte Cat- tle to Virginia: al- lowed of.

The Comittees beinge demaunded what they had done touchinge the Tobacco comended vnto their care, Reported that accordinge to the order in the laste Courte they had taken out one third for mr Leate butt had not devyded the rest in :5: p̱ts because they could not heere of any thatt would buy itt vpon wch some excepc̃ons was taken about that alredy ordered concerninge Mr Leate, that if the rest were not sould hee paid nothing for his, therfore itt was moved that some of the Adventurers ∥that they∥ would take out their Dividentℯ att a price, Whervppon mr William Palmer offered to take outt his att iijs vjd the pound and beinge conceived that others would ioyne in the like, itt was againe referred to ye former Comittee to study how to make the best advantage of itt they can; addinge vnto them mr Keightley, and mr Palmer and to p̢sent theire opynions to the next Courte.

The Comittees re- port touchinge ye Tobaccocomended vnto their Care.

Mr Wm Palmers proffer to take out his att 3s 6d a li.

Mr Cañinge acquainted the Company that ther were divers sufficient men that would contract wth them at reasonable pryces for all the Tobacco that shalbe returned from Virginia for a Certaine time wch hee conceived would be highly to the advancement of the Plantac̃on Whervppõ the Courte desyred him to bring the proposic̃ons well dis- gested and the names of the vndertakers vnto the next Court that there itt might be consydered of. [68]

notice giuen by Mr Wm: Caning of suf- ficient men yt will contract wth ye Compa: for all ye Tobacco that shalbe returned from Virginia

A Preparatiue Courte held for Virginia At Sr Edwin Sandis house ye last of Ianuary 1619

Present Ri: hono: Lord Pagett.
mr Treasuror. mr James Swifte. mr Rich: Casewell.
Sr Iohn Dauers. mr Tho: Gibbes. mr Paulson.
Sr Tho: Wroth. mr Iohn Ferrar Dept. mr Spruson.
Sr Henry Rainsford. Captain Bargraue. mr Meuerell.
mr Io: Wroth. mr Robert Smith. mr Berblock.
mr Dr Anthony. mr Brumfeilde. mr Leauor.
mr Dr Gulstone. mr Caninge. mr George Smith.
mr Dr Winstone. mr Henr: Briggs. mr Pe: Arundell.
mr Ri: Tomlynℯ. mr Nicho Ferrar. mr Eli: Robertℯ.
mr Cranmore. mr Tho: Mellinge.
mr Steph: Sparrow.

Mr Treasuror signified that the Comittee appoynted for pursuinge of the standinge orders have looked therinto correctinge some few & explayning others wch hee p̢sented now and red and explayned them to the Courte most of them beinge confirmed in the last § great § gen- erall Courte, and now againe Comendinge them to their considerac̃on, wherby they may receave vppon Wednesday next a fynall ratefy- cac̃on.

The Comittee hau- ing p̱used ye stand- inge orders were presented and read.

And for asmuch as accordinge to a Law in the standinge orders they are all to be read to the Court once a yeare, vizd in the Quarter Courte in Hillary Tearme, therfore moved for the fullfillinge of the same that the Company would be heere wthout faile att two of the Clocke and the rather Consideringe so much buisines as is then to be dispatched ffower seuerall paire of Indentures to fower seuerall Personns and their Associates for graunt of Land in Virginia, three paire menc̃oned in the last Courte, and one paire since allowed to Sr Iohn Peirce and his Associates to be red allowed and sealled att that time.

Touchinge the moc̃on of Mr Caninge deferred from the last vnto this Courte itt is now so well conceived of the good that may accrew therby by such a Composic̃on (if itt be truely ment) that vppon intelligence of the said Mr Caninge that they desire to converse wth some p̱ticular men of the Company aboute itt, The Court have now made choyse of a Comittee to know their resoluc̃ons, that is to say Sr Nath: Rich, Mr Deputy Mr Dr Winstone, Capt Bargraue, Mr Keightley, Mr Wrote, and mr Cranmer, and have agreed to meet to morrow afternoone att :2: of the Clocke in this place Mr Caninge haveinge vndertaken yt ffower of those wch p̳poundeth this buisiness shalbe heere att that time. [69]

The moc̃on of mr Caninge at ye Last Court well con- ceiued of

A Comittee ap- poynted to know their resoluc̃ons

Wheras his Maty: hath graunted to the Lady Lawarr a yearly Penc̃on to be paide vnto her by the ffarmors of the Custome; The Company vppon her Ladyships request are content, (consideringe the Custome for ye Aduenturors Tobacco is not yett sattisfied) that the first p̱cell wch is sould if itt amount to 250li: so much beinge due vnto her vppon her Share shall be paid vnto her or else so much Tobacco presently (if her Ladyship please to accept thereof) att such price as the rest shalbe sould or taken off of their hands, And for their discharge to take a receipt from the ffarmors of the Custome.

The first parcell of Tobacco sould if it amount to 250li: to be pd ye La: La- warr.

And takinge into Considerac̃on the losse the Adventurers have sus- teyned by the Tobacco remayninge vppon their hands, and the daunger they stand in of a great deall more, if the Ships should com from Virginia and ye Somer Ilands as they dayly are expected, therfore itt was propounded to the Adventurors to take out their Capitollℯ at iiijs a pound and soe each make the best of itt hee cann, butt some thinkinge itt was too much and that rather iijs vjd was ennough: itt was agreed to be putt to ye question wch done most voyces allowed of iiijs, and hee that would be willinge at this price to take out more then his Capitall should have Six and Six monneths for payment, butt entringe into dispute, whether such as tooke outt their Capittallℯ in that man- ner shall Coparte of such proffits as may heer after accrew vnto the rest, itt could not now be agreed vppõ butt was referred to be de- bated further att the Quarter Courte when more of the Adventurers shalbe present.

The loss of ye Ad- uenturers consid- ered by haueing their Tobacco ly vppon their handℯ.

A p̳posic̃on for euery one to take out their Capitollℯ.

Touchinge the orders from the LLs: Comissioners they were referred to the Considerac̃on of this Quarter Courte.

The orders from ye LLos Comis- sioners referred.

Mr Thr̃er and mr Deputy haveinge had much Conference with the Lord Maior and Aldermen about the 100 Children intended to be sent found them att the first well adicted and affected vnto theire demaundℯ. butt since some p̱ticular p̱sonns lesser respectinge (as should seeme) the Companies good have occasioned such straunge demaunds as is not fittinge for them to aske, nor can no wayes by the orders of this Company be graunted, and therfore have determyned to rectifie the Coppy of their demaunds so farr as may stand with the orders of the Company to graunt and so to returne itt to the Courte of Alder- men to morrow att tenn of the clock to accept therof or noe [70] to wch purpose is desyred Sr Thomas Wroth, Sr Henry Rainsforde Mr Iohn Wroth, and Mr Deputy. 1

An order of the Privy Council, of this date, authorizing the sending of 100 children to Virginia is given in List of Records, No. 161, page 139, ante.

The Coppy of ye Citties demaundℯ touchinge ye 100: Children to be sent to Virginia recti- fied.

Itt was ordered in regard sufficient testimony beinge produced that Iohn Archer brother of Captaine Gabriell Archer disceased in Vir- ginia is the next heire vnto him, that the said Iohn Archer shall have two Shares, said to belonge to the said Captaine: vizd one share for xijli—xs adventured, and the other for the Adventure of his p̱sonn.

2 Shares allowed to Iohn Archer.

Mr Stephen Sparrow assigned to Iohn Hope Marriner one share of xijli—xs.00 allowed by the Auditors and confirmed by this Courte.

Stephen Sparrow: 1: Share to Iohn Hope.

1

Written over Accompts.

Att a greate and Generall Quarter Courte Holden for Virginia at Sr Edwin Sandys House neer Aldersgate the second of February 1619

were Present
The Right Honorable: William Earle of Pembrooke.
Henry Earle of Southampton.
Robert Earle of Warwicke.
Iames Vicont Doncaster.
The Lord Cauendish.
The Lord Pagett.

Sr Edwin Sandys Knight Thr̃er.
Sr Tho: Roe. mr Iohn Wroth. mr Edwards.
Sr Dudley Diggℯ. mr Ferrar Depty. mr Bull.
Sr Tho: Gates. mr Tho Gibbℯ. mr Couell.
Sr Iohn Dauers. mr Samu: Wrote. mr Woodall.
Sr Henry Rainsforde. Capt Bargraue. mr Darnelly.
Sr Nath: Rich. mr Rogers. mr Casewell.
Sr Io: Wolstenholme. mr Bromfeilde. mr Swinhow.
Sr Henry Iones. mr Keightley. mr Moorer.
Sr Tho: Wrorth. mr Ia Swifte. mr Robertℯ.
Dr Anthony. mr Bamforde. mr Sparrow.
Dr Gulstone. mr Wheatley. mr Mellinge.[71]
Dr Winstone. mr Berblock.
Dr Bohune. mr Briggs.
mr Cranmer.

Accordinge to a standinge Order the Lawes of the Company being 120: in nomber and devided into eighteene Chapters or Tytles were now red vnto this greate Assembly, wch ended mr Thr̃er related that the Kinge out of his greate care and wisedome had graunted to the Company by his most gracious L̃res Pattents, ffower great and generall Courts in the yeare comonly called Quarter Courtes to be held in the 4 Tearms, vnto wch was reserved 4: speciall things.

The Lawes red.

mr Thr̃er signified: 4speciall things re- serued to ye 4: Qua: Courtℯ by Mats: L̃res Pattenℯ.

1: The makinge of Lawes and Orders. 2: Choyse of Officers 3 Graunts of Land. 4: Matter of Trade.

ffor the first hee p̳ceeded as formerly hee had done, that nothing was so p̱fect wherin time discouereth not some imp̱fecc̃ons, so in ye Lawes some thinge beinge found defective com̃ended to their Considerac̃on some small Addic̃on and Correcc̃on of them formerly allowed in the laste Quarter Courte thence referred to a Comittee by them presented to the Councell, and lastly read in the precedinge Preparative Courte: explayninge what was p̱formed vnto seuerall Tytles:

To the Tytle of Courtℯ: 3: Laws is added; To the Tytle of Treas- uror—2: To the Tytle of Deputy. 1: To the Tytle of Counsell—1: To the Tytle of Grauntℯ of Land—2: in the Tytle of Generallytie an amendmt or Addic̃on of 2 wordes, in the Sixt order afterward (Court) is added (or Councell) and so in the 13th order of Tytle of Treasuror after the word (quorum) is added (vnderneath or) Wch Correcc̃ons & Addic̃ons beinge approved off Mr Thr̃rer propounded ye confirmac̃on of them in two questions; the one whether they would allow of ye addic̃on of these two words in the said Tytles of Treasuror, and Gen- erallyty to be incerted there in the face of the Courte; And whether they would consent that the resydue should be entred by the Secre- tary amongst the rest (accordinge to their referrences) in the booke of Lawes and standinge Orders both wch by a Generall erecc̃on of hands was ratefyed.

1 Addic̃ons to ye Lawes.

The Confirmac̃on of them propound- ed in 2 questions

To the second poynt of Choosinge Officers he acquainted ye accordinge to the said L̃res Pattents itt was no Courte vnless five of ye Counsell were present by defect of wch nomber of the Councell were they are often times att their Courts in tymes of Vacation inforced to stay very longe before that nomber of the Councell be assembled by reason such as frequents the Court are either in ye Countrie or imployed in other buisines, that they cannott attend, therfore vppon Moc̃on from the Councell, hee nominated 2: vnto ye Courte Mr Robert Heath Recorder of this Citty who hath been and is a great Adventurer and favourer of the Acc̃on: And Thomas Gibbs Esquire a gentleman of good sufficiencie, and great zeale [72] to the Acc̃on, who for divers years hath given diligent Attendance at all Courts and is imployed a Comittee allmoste in all buisinesses, wch Two being putt to the ques- tion were admitted to be Councellors of Virginia by free Consent.

2: Choosing Officers.

No Courte Vnless 5: of ye Councell be pr̃nt:

2 nominated to be of the Counsell.

The Third of Grauntℯ of Land hee acquainted them of fower seu9all paire of Indentures lyinge all ingrossed before them graunted one to Mr Robert Heath Recorder of London and his Associates, the s'cond to Doctor Bohune, Iames Swifte and their Associates for Transport- inge of 300 Personns: The Third to William Tracy esquire and his Associates for Transportac̃on of 500 Persons, and the ffowerth to Iohn Peeirce and his Associates their heirs and Assignes wch beinge all fowre now red and examined and fyndinge them agree wth the draughts p̱vsed and allowed by the Auditors were all of them allowed and Sealed in veiwe of the Courte wth a Totall Approbac̃on

3 Grantℯ of Land:

4 Paire of Inden- tures allowed of

Itt was ordered allso by generall Consent that such Captaines or leadrs of Perticulerr Plantac̃ons that shall goe there to inhabite by vertue of their Graunts and Plant themselvs their Teñntℯ and Serṽ- ñntℯ in Virginia, shall have liberty till a forme of Gouerment be here settled for them, Associatinge vnto them divers of the gravest & discreetes of their Companies, to make Orders, Ordinances and Constituc̃ons for the better orderinge and dyrectinge of their Servants and buisines Prouided they be not Repugñnt to the Lawes of England.

Captaines or Lead- ers of Perticuler Plantacons to make orders Cr.

Touchinge the fowerth poynt matter of Trade, Mr Treasuror acquainted the Courte, that the Magazine had now voluntarylie dissolved her § itt § selfe, wth provision graunted for their goods remayning in Virginia so that now matter of Trade was free and open for all men wth that provision.

4 Matter of Trade. The Magazine be- ing dissolued Mat- ter of Trade is free for all men.

Itt was now allso agreed touchinge the Order of ye Lords Comis- sioners that the Company should be humble sutors vnto their LLps: for some small amendment in the forme therof, Mr Thr̃er signifyinge that the Counsell of Virginia sittinge wthin before the Courte there beinge present all the Noble Lords before sett downe resolved that they could not yeild to any thinge that might infringe theire [73] Pattent wch resoluc̃on was wth generall demonstrac̃on of ioy embraced by the Courte, and therfore desyred to choose a Comittee for that purpose to wch end was nominated the Right Honole: the Earle of Warwicke, The Lord Cauendish, The Lord Pagett, Mr Treasurer, Sr Dudley Diggs, Sr Iohn Dauers, Sr Henry Rainsford Sr Nathaniell Rich: Sr Lawrence Hide, Mr Xo: Brooke, Mr Nicho Hide, Mr Deputy, Dr Winstone, Mr Gibbs, Mr Keightley, and Mr Cranmer who are desyred to sett downe the Companies meaning in writing and present itt to the LLs: when Mr Thrr̃er shall thinke itt Convenyent to Sum̃on them.

The Compa to be sutors to ye Lords for some amend- ment in ye Order.

nothinge in ye Pattent to be in- fringed.

A Comittee to sett downe ye Compa: meaninge in writ- inge.

Touchinge the Determinac̃on of the Tobacco referred vnto this Courte belonginge to the Adventurers of the Magazine vppon the Moc̃on of Sr Iohn Wolstenholme itt is deferred till to morrow afternoone, Att wch time the Adventurers onely are desyred to meete att mr Ferrars house to consider of the best course and conclude therof accordinglie.

The derminac̃on of ye Tobacco referrd.

The Demaunds of the Citty read the last Courte concerninge the hun- dreth Children beinge much distasted of this Company beinge such as were repugñnt to the standinge Orders wch wch Could no way be dispensed wth, 1

The word "wth" written over "of."

therfore the Comittees have rectefyed and Cor- rected the Coppy so farr forth as may stand wth the Orders to admitt, and have written a ɫre to the Lord Maior from the Cheife of the Councell agreeinge to send the ɫre and returne the altered Coppie to morrow morninge to the Courte of Aldermen, requestinge Sr Thomas Wroth, and mr Gibbes to deliuer them, and require their speedy reso- lucc̃ons because the spedy dep̱ture of the Ships will suffer no delays this followinge beinge the true Coppie.

The Coppie of ye Citties Demaunds touchinge ye 100 Children Correct- ed.

A ɫre written to ye Lord Maior from ye cheife of ye Counsell.

Wheras the number of One hundreth Children whose names are hearafter menc̃oned were the last Springe sent and transported to the Virginia Company from the Cittie of London vnto Virginia And towards the charge and for the transportac̃on and apparrellinge of the same One hundreth Children a Collecc̃on of the some of ffive hundreth pounds was made of divers well & godly disposed p̱sons [74] Charitably mynded towards the Plantac̃on in Vir- ginia dwellinge wthin the Citty of London and Subvrbs theirof, and thervppon the same ffive hundreth pounds was paid vnto the saide Company for the pur- pose aforesaid, And thervppon for the good of the same Children and in Considerac̃on of the premises, Itt is fully concluded ordered & decreed by and Att a generall Quarter Courte this day houlden by ye Treasuror Councell and Company of Virginia that every of the same Children wch are now liveing att the charges and by the provision of ye said Virginia Company, shalbe educated and brought vpp in some good Trade and profession wherby they may be enabled to gett their liveinge and maynteyne themselvs when they shall attaine their seuerall ages of ffower and twenty years or be outt of their Apprenti- ships, which shall endure att the least seaven years if they soe longe live.

The Letter.

And further that every of the same Children (that is to say the Boys att their Ages of one and twenty years or vpwards and the maydes or girles att their Age of one and twenty years or day of marriage wch shall first happen, shall have freely given and allotted vnto them ffiftie Acres of Land a peec in Virginia aforesaid wthin the lymi[ts] of the English Plantac̃on the said Acres to be apoynted according to the Statute De terris mesurandis, in England and that in convenyent place or places to hold in ffee simple by Socage tenure to every of them and their heirs for ever freely att the Rent of xijd by ye yeare in full of all rents or other payment or service due vnto the Lord therfore to be rendred or donne.

If the Lord Maior, Aldermen, and Common Councell shall not be sattisfied wth the Companies reasons (who desyre that some of themselvs may be ad- mitted to alledge them) that itt is better for the fformer Children to have the same Condic̃ons wth these latter the Company wilbe content to lett itt pass for this time yett wth this protestac̃on; That as itt is not beneficiall to the Chil- dren, so itt is the extreame wrong & preiudice of the wholl Plantac̃on.

And wheras allso itt is intended and fully resolved that this next Springe the nomber of one hundreth Children more whose names are likewise herafter menc̃oned, shalbe sent and Transported by ye said Virginia Company out of the Cittie of London vnto Virginia aforesaid and that towards the Charge of transportinge and apparrelling ye same Children the like Collecc̃on of ffive hundreth pounds of men godly and Charitably disposed towards the said Plantac̃on wch doe reside wthin the said Citty and Subvrbs therof is to be made, and vppon the Collectinge therof the same shalbe paid to the said Vir- ginia Compa: for the purpose aforesaid; Now therfor for the good of the same Children, and in Considerac̃on of the p̢mises, Itt is fully concluded Ordered, and decreed att a great and generall Quarter Courte this day holden by the Treasuror, Counsell, and Company of Virginia that the said hundred Children last menc̃oned shalbe sent att the [75] Virginia Companies charge and duringe their Voyadge shall have their provision of victuall sweet and good and well apparrelled and all other things neces- sary for the Voyage: And that every of the same Children shalbe there placed Apprentizes wth honest and good Maisters that is to say the boyes for the tearme of seaven years or more; and so as their Apprentishipps may expire att their seuerall Ages of one and twenty years or vpwards; And the mayds or Girles for the tearme of seaven years or vntill they shall attayne their Ages of one and twenty years or be marryed to be by the same Maisters during that time educated and brought vpp in some good Craftes, Trades, or Husbandry wherby they may be enabled to gett their liveinge & mayntennãce for them selvs when they shall attaine their seuerall ages or be outt of their Appren- tiships ∥and during their Apprentiships∥ shall have all things p̱vided for them as shalbe fitt and requisite as meate, drinke, Apparrell, and other necessaries. And further that att the expirac̃on of their seuerall Apprentishipps every of ye said Children shall have freely given vnto them and provided for them at the said Companies charge, provision of Corne for Victuallℯ for on wholl yeare And shall allso have a house redy builded to dwell in, and be placed as a Tennant in some convenyent place vppon so much land as they can mannage; And shall have one Cowe and as much Corne as hee or shee will plant, and forty shillings in monny to Apparrell them, or Apparrell to that value: And shall allso have Convenyent weapons Munic̃on and Armor for defence, and necessary implemts & vtensillℯ for houshold, and sufficient workinge Tooles and Instrumentℯ for their Trades, labor and husbandry in such sort as other Tenñtℯ are p̳vided for.

Moreover that every of the same Children last menc̃oned wch shall have thus served their Apprentiships and be placed and provided for as aforesaid shalbe Tyed to be Teñnts or ffarmers in manner & forme afore said for the space of Seaven years after their Apprentiships ended, and duringe that time of their labour and paines therein they shall have halfe of all the encrease profitt and benefitt yt shall arise grow and encrease by the mannageinge therof aswell ye fruites of the earth the increase of the Cattle as otherwise, And the other moytie therof to goe and remayne to the Owners of the Land, in liew and sat- tisfacc̃on of a Rent to be payd for the same Lande so by them to be occupied, And that att the expirac̃on of the same last Seaven years every of the same Children to be att liberty either to Continue Tenñtℯ or ffarmors to the Com- pany vppõ the same Lands if they will att the same rates and in the manner aforesaid or else provide for them selvs elsewhere.

And lastly that either of the same Children att the end of the last seaven years shall have moreouer five and twenty Acres of Land to be given and allotted to them in some Convenyent place or places wthin the English Plantac̃ons in Virginia afore- said, to hould in fee Socage simple by Soccage tenure to every of them and their [76] heirs, for ever freely for the Rent of Six pence for every five & twenty Acres by way of quitt Rent in leiwe of all services in regard of the tenure; All wch p̳mises wee the said Treasuror, Counsell, and Company doe order and decree and faithfully promise shalbe iustly and truly p̱formed towards the said Children accordinge to the true intent & meaning therof.

A L̃re from an vnknowne person was read dyrected to mr Treasuror p̳misinge five hundred pounds for the educatinge and bringinge vpp Infidellℯ Children in Christianytie wch Mr Treasuror not willinge to meddle therwith alone desyred the Court to apoynt a select Comittee for the mannadginge and imployinge of itt to the best to wch purpose they have made choyse of the

Lord Pagett. mr Tho: Gibbes.
Sr Tho Wroth. Dr Winstone.
mr Io: Wroth. mr Bamforde &
mr Deputie. mr Keightley.

A L̃re from an Vn- kowne p̱son prom- ising 500li

The Coppy of wch Letter ensueth.

Sr yor Charitable endeavors for Virginia hath made you a ffather wee a favourer of those good workℯ wch although heretofore hath com neer to their birth yett for want of strength could never be delivered, (envy & division dashinge these younglings even in the wombe) vntill yor helpfull hand wth other honorable p̱sonages gave them both birth and beinge, for the better cherishinge of wch good and pious worke seeinge many castinge guiftℯ into the Treasury, I ame encourraged to tender my poore mite and although I cannott wth the Princes of Issaker bringe gould and silver Coveringe yett offer here what I cann, some Goatℯ hayre necessary stuffe for the Lords Tabernacle, protestinge heer in my sinceritie wthout papisticall merritt or pharasaicall applause wishing from my part as much vnitie in yor honorable vndertakinge as theris sinceritie in my designes, to the furtherance of wch good worke, the Convertinge of Infidles to the fayth of Christe I p̳mised by my good frends 500li for the mayntenance of a Convenyent nomber of younge Indians taken att the age of Seaven years or younger & instructed in the readinge and vnderstandinge the principalls of Xian Religion vnto the Age of 12 years and then as occasion serveth to be trayned and brought vpp in some lawfull Trade wth all humanitie and gentle- ness vntill the Age of one and Twenty years, and then to enioye like liberties and pryveledges wth our native English in that place and for the better p̱form- ance therof you shall receave 50li more to be delivered into the hands to two religious p̱sons wth securitie of payment who shall once every Quarter examine and certifie to the Treasuror herein England the due execuc̃on of these prem- ises together wth the names of these Children thus taken, their ffoster ffathers and ouerseers [77] not doubtinge butt you are all assured that guiftes devoted to Gods service cannott be diverted to pryvate and singuler §secular§ advan- tages without sacriledge, if yor graver iudgments can devise a more charitable course for such younge Children, I beseech you informe my frend wth yor securitie for true p̱formance and my benevolence shalbe allwaies redy to be delivered accordingly, the greatest Courtesie I expect or crave is to conceale my frends name least importunytie vrge him to betray that trust of secresie wch hee hath faythfully promised, hee that moved my harte to this good worke, dyrect yor Charitable endeavours herein, whylest I rest as I ame

The Letter


Dust and Ashes Directed To Sr Edwin Sandys ye faithfull Treasuror for Virginia.

Dr: Bohunes requests beinge read the Courte have intrusted the Audi- tors to rectefye wch is agreed shall passe (beinge putt to the question) by erecc̃on of hands.

Dr Bohunes re- quest to passe.

The Petic̃on of Capt Powell and mr Iohn Smith beinge presented by their brother Prouest Marshall of Middlesex to have graunt of the Company 400 Acres of Land for fiftie pounds Adventure betwixt them vizd, One hundreth lyinge in one p̱cell between the Sunken Marsh one the other side the River against Iames Citty Land, and Choapooks Creek, and one p̱cell of Marsh Land conteyninge 300 Acres called Hogg Iland, The Court held itt inconvenyent to graunt Land in that kinde, pickt out by the Planters themselvs not knowinge who all- redie may lay clayme thervnto or otherwise how necessary itt may be for the publique; Butt mr Treasuror in regard of the good affecc̃on declared by their brother to the Companies service hath promised to write to the Gouernor that the said 400 Acres shalbe well sett out for them and to their Content wth reason.

To write to ye Gou- ernor to sett out 400 Acres of Land for Capt Powell & mr Io: Smith

A petic̃on was exhibited, by ffrauncis Carter the Companies Officer desyringe that forasmuch as hee hath worne himselfe outt in the Companies service beinge nowe growne lame, that now in his olde age they would please to take his Case and necessitie into favourable con- siderac̃on etc̃, wch by reason itt grew late was referred vnto the Audi- tors to p̢sent to the Courte their opinions touchinge the best means to rewarde him.

Frauncis Carterℯ Petic̃on referd to ye Auditors.

Peter Arundles Petic̃on to have his Shares explayned to be double Shares refered to the Auditors to vew his buisines how itt standℯ and reporte itt to the Courte. [78]

Pe: Arundles Pe- tic̃on referrd to ye Auditors.

Captaine Bargraues request to have a Comission for ye determyninge of some Controversies betweene him and Capt Martine resydent in Virginia was allso referred vnto the Auditors.

Capt Bargraues re- quest referrd to ye Auditors.

The Charter party betweene the Owners of the London Marchant and mr Treasuror and Deputy was now Sealled and delivered.

The Charter partie for ye Lond: Mar- chant sealled.

FEBRUARY Ye XVJth 1619.

Present
Sr Edwin Sandys Knt Treasuror.
Sr Thomas Roe. mr Reignoldℯ. mr Caswell.
Sr Iohn Dauers. mr Keightley. mr Cranmer.
Sr Henry Rainsford. mr Sam: Wrote. mr Bull.
Sr Tho Gates. mr Aug: Steward. mr Eyres.
Sr Tho: Wroth. mr Bamforde. mr Couell.
Sr Harry Iones. mr Hen: Briggs. mr Geo: Smith.
mr Iohn Wroth. mr Swinhowe. mr Ely: Robertℯ.
mr Deputy. mr Caninge. mr Mellinge.
mr Tomlynℯ. mr Wiseman. Wth others.
Capt Bargraue. mr Bearblock.

Vppon the desire of Capt Brewster his buisines was once more deferrd to the next Preparative Courte wch is agreed then to be heard betwixt him and Capt Argoll, and to that end have given order that the said Capt Argoll be acquainted therwith and required then to attend.

Capt Brewsters buisines Deferrd.

Five Shares formerly given by Sr Thomas Roe knt to Peter Arundell wch were Confirmed vnto him in a Courte held the first of October i6i7 The said Peter Arundell in Considerac̃on of a Certaine some of monney paid vnto him by the said Sr Tho: Roe hath ressigned the said ffive Shares vnto the said Sr Thomas Roe, wch the Auditors have- inge allowed were by this Courte Confirmed.

5 Shares ressigned by Peter Arundell to Sr Tho: Roe

Mr Treasuror acquainted the Courte that hee had receaved Letters from Virginia importinge the wellfare of the Plantac̃on although they have been much distempord by reason of an intemporate heate not onely hapninge vnto them but chiefly amongst the Indians requestinge that the Company would send them some Phisitians and Appothycaries of wch they stand much need off: relatinge allso to ye great Comforte of the Compa: and incouragmt of those wch shall send the plenty of Corne that God this yeare hath blest them with the like never happened since the English was there planted haveing had two harvestℯ, the first beinge shaken with the winde p̳duced a second, and the ground beinge so extraordinary ffatt & good yt sowinge Indian Corne vppon that stuble they had likewise a great Cropp therof. 1

A series of letters, written between January 13 and 21, and received about this time, are mentioned in List of Records, Nos. 156–159, page 138, ante.

[79]

Mr Thr̃r acquaint- ed the Courte of L̃res receiued frõ Virginia

Signifyinge allso that one Capt Spillman who thought to deprave ye Gou9nor of his Authoritie by his instigac̃on to Opochankino, of a great man yt should com and putt him out of his place, The said Gouernor and Councell of State have p̳ceeded in due tryall of him butt beinge mercifull in sparinge his life have degraded him from his Capt: Ship and made him a serṽnnt to the Collony for Seaven years in quallytie of an Interpriter.

Capt Spillman made a seruant to ye Collony.

Other matter theris to acquainte them wth wch when hee hath read the rest of the letters hee will the next Courte reporte vnto them.

The Letter the last Quarter Courte signed by the Lords directed to the Lord Maior of London tooke such effect as mr Thr̃er sayeth the Cittie yeilded to itt:

The Citty yeilded to ye L̃re:

Wheras the last Court a speciall Comittee was appoynted for ye man- naginge of the 500li given by an vnknowne p̱son for educatinge the Infidles Children Mr Thr̃er: signified that they have mett, and taken into considerac̃on the proposic̃on of Sr Iohn Wolstenholme, that Iohn Peirce and his Associates might have the trayninge and bringinge vpp of some of those Children butt the said Comittee for divers reasons thinks itt inconvenyent, first because they intend not to goe this 2 or :3: monneths and then after there arryvall 1

"Arryvall" is written over "arryvinge" by the reviewer.

wilbe longe in settlinge themselves, as allso that the Indians are not acquainted wth them, and so they may stay 4 or 5 years before they have account that any good is donne.

mr Thr̃eℯ: reporte of ye 500li giuen for educatinge ye In- fidles Children.

And for to putt itt into the hands of pryvate men to bringe them vpp att xli a Childe as was by some proposed they hould itt not soe fitt by reason of the causualty vnto Wch itt is subiect.

Butt forasmuch as divers hundreds and p̱ticularr Plantac̃ons are all- redie there settled and the Indians well acquainted wth them, as namely, Smithℯ Hundred, Martinℯ Hundred, Bartlettℯ Hundred & the like that therfore they receave and take charge of them by wch course they shalbe sure to be well nurtured and have their due so long as these Plantac̃ons shall hould, and for such of the Children as they find Capable of Learninge shall be putt in the Colledge and brought vpp to be schollers, and such as are not shall be putt to trades, and be brought vp in the feare of God & Christian religion, And beinge demaunded how and by what lawfull means they would procure them and after keep them that they runn not to theire parents or frends, and their said Parrents or frends steale them not away wch naturall affecc̃on may inforce in the one and the other, itt was answered and well allowed that a treaty and an agreement be made wch the Kinge of that Country concerninge them wch if itt soe fall out att any time as is exprest they may by his Commaund be returned. [80] Whervppon Sr Thomas Roe promised that Bartley Hundred should take two or three for Wch theire well bringinge vpp hee and mr Smith p̳mised to be respondents to the Company, and because every Hundred may the better consider hereof they were lycensed till Sunday in the after- noone, att wch time they sitt att mr Treasurors, to bringe in their answere how manny each will have and bringe those that wilbe respond- ent for them, & those that others will not take, Mr Treasuror in the behalfe of Smithℯ hundred hath promised to take into their charge.

The Proposic̃ons wch were by sundry of the Adventurers allowed of att a meetinge of them att Sr Thomas Smiths house the 14th of Feb- ruary aboute takinge off the Tobacco att a price beinge now putt to ye question was confirmed, Comendinge itt to mr Caswell to procure others ∥to write∥ for ye rest.

The proposic̃ons for takinge the Tobacco att a prize Confirmed.

And fallinge into dispute aboute the Debtℯ what course should be taken for gettinge them in, Mr Thrr̃er made knowne that of necessitie there must be Officers Chosen for the mannaginge and lookinge to the buisines first for the callinge in of the Debtℯ by sendinge their ticketts vnto them to bringe in their monny, and vppon refusall to putt them in sute 2: to authorize their warrants for payinge of debts, :3: to dis- pose of their Affaires in Virginia, 4: and lastly in lookinge to the Accompts & p̱fectinge them, for the last itt was thought good by some yt mr Essington should be entreated to p̳ceed wth them, and for the mannaginge of the rest vppon nominac̃on ther was made choyce of, mr Bull, mr Cranmer and mr Caswell, and beinge putt to the question was ratefyed by erecc̃on of hands.

Officers for man- aginge & lookinge to ye buisines.

Three Comissionℯ beinge presented to the Courte was allowed to be sealled one to William Shawe mr of the London Marchant the other to Capt Iones mr of the Faulcon, and the third to mr Edmondℯ mr of the Tryall to sett saile wth the first fayre winde for Virginia.

3 Comissions sealed.

Captaine Bargraues Comission for the determyninge some Controu9sies betweene him and Capt: Iohn Martin in Virginia beinge now pre- sented the Court therof allowed & agreed that the seale should be therevnto affixed.

Capt Bargraues Comission to be sealed.

Mr Markham beinge formerly requyred for the bringinge in the resy- due of the bookℯ and Rowles remayninge in his Custodie, presented now to the boorde 4 books, and 4 Rowles of subscripc̃ons wch were Comended to the Care of mr Deputy desyringe the Courte to take into Considerac̃on, that for his extraordinary paines hee might have sattis- facc̃on, wch pointe beinge long disputed betwixt mr Thr̃er and him, itt was att length referred to the Auditors to consider thereof. [81]

Mr Markham pre- sented 4 books and 4 Rolls.

FEBRUARY Ye 22th [1619–20]:

Present.
mr Treasurer. mr Rich: Tomlynℯ. mr Ri: Wiseman.
Sr Io: Dauers. mr Samu: Wrote. mr Fra: Meuerell.
Sr Tho: Gates. mr Keightley. mr George Smith.
Sr Nath: Rich. mr Wheatley. mr Abraham Chamberlyn.
mr Iohn Wroth. mrCranmer. mr Henry Briggs.
mr Iohn Ferrar. mr Berblock. mr Elias Robertℯ.
mr Tho: Gibbes. mr Robert Smith. mr Nicho: Ferrar.
mr Dr Anthony. mr Richard Wiseman. mr Thomas Mellinge. 1

A blank space of one-half page in the manuscript follows.

mr Dr Winstone. mr Crowe.

And forasmuch as the Courte by the Gouernors letter is given to vnderstand that the inhabitants are very desiorus to have Engineers sent vnto them for the raysinge of ffortefycac̃ons for wch they are content amongst themselves to beare the charge therof, vppon wch Sr Tho: Gates is entreated to write his pryvate letters of dyrecc̃ons both in regard of his skill therin, as allso of his knowledge of the Country, as allso that hee together wth Sr Nath: Rich conferr wth generall Cæsill therin, whose assistance in a former Courte touchinge the same buisines was entreated wch they have p̳mised to doe. [82]

Sr Tho: Gates de- syred to write pry- uate ɫres of di rec̃ons

A Box standinge vppon the Table wth this direcc̃on, to Sr Edwin Sandis the faithfull Treasurer for Virginia, hee acquainted them that itt was brought vnto him by a man of good fashion who would nether tell him his name nor from whence hee came, butt by the Subscripc̃on beinge the same wth letter hee coniectured that itt might be the 550li promised therin. And itt beinge agreed that the Box should be opened therwas a bagg of new golde conteyninge the said some of CCCCCLli: whervppõ Docter Winstone reportinge what the Comittee held requisite for the mannaginge therof and that itt should be wholly in ye charge of Smiths hundred itt was desyred by some that the reso- luc̃on should be p̢sented in writinge to the next Courte wch in regard of the Ashwednesdays sermon was agreed to be vppon thursday after.

The Box of 550li to be wholly in ye charge of Smiths hundred.

Vppon good considerac̃on of the scarcetie of the Mynisters that is this day remayninge in Virginia haveinge eleaven Burroughs and not aboue five Mynisters: Mr Thr̃er now comended to be considered by ye Courte the sendinge of one sufficient Deuine to each of those Bur- roughs, for the Comfort of the soules of the inhabitants, by preachinge and expoundinge the word of God vnto them: And for the drawinge and encourragmt of such Preachers herevnto acquainted them of 100 Acres of Land accordinge to former order to be alotted them wch they beinge vnable to mannage alone are vnwillinge to goe ouer, therfore because itt may be p̢pared for them hee would that there might be sentt six men as Tennãts to each of the 100 Acres of Gleabe in the saide Burroughs, in doinge of wch a yearly maintenance wilbe raysed vnto them of wch the Company to bear the whole charge of them wch shalbe transported to the Colledge Land, the Gouernors, and the Companies, and for those six that shalbe sent by p̱ticularr hundreths the Company for their better provocac̃on therevnto shall furnish out three to each, vppon condic̃on that the p̱ticular Plantac̃on make vp the other three, wch being putt to the question was generally well allowed of, whervppon itt was thought very expedient that my Lord of Lon- don should be solicited for the helping them wth sufficient Mynisters, as allso such of the Company as wth out favour or affeccon could heare of any that were cinceire ∥sincere∥ and devoute in that callinge and were desirous to goe, that they would acquainte the Courte there- with that they may be entertayned.

The scarsity of Mynisters Consid- ered offe.

my Lord of Lon- don to be solicited for helping them wth sufficient Myn- isters

Mr Thr̃er allso signifyinge yt all Indentures of Land wch yett have been graunted to p̱ticuler Societies are to come vnder the Seale againe, therfore moved yt a new Coveñnt might be incerted for their mayn- tenance of a sufficient Mynister wch being done the Country wilbe well planted therwth, wch was well approved of.

Hee allso signified vnto them of the Ballatinge Box standinge vppõ the Table how itt was intended att first an other way as might appeare [83] by the Armes vppon itt butt now mr Holloway had given itt freely to this Company that therfore to gratefie him they would entertaine him into there Societie by giveinge him a single Share of Land in Virginia wch beinge putt to the question was rate- fyed vnto him, whervppon mr Deputy was entreated to provide a Case for the better preservinge of itt.

Mr Holloway made free bygiueing him a single share.

A Case for ye Bal- latinge Box.

Vppon the request of Richard Francke esquire to have 200 Acres of Land layd outt for 4 men wch are to be transported to Virginia and are allredy paied for vnto two of his sonns, Wm: and Arthur Franke there resydinge mr Thr̃er hath promised to write to the Gouernor for the effectinge of his desire.

200 Acres of Land to be layd out for Mr Richard Francks two Sonns.

A Comission beinge now presented for §the§ mr Richard Francks two Sonnes of the Swan of Barnstaple for takinge the first op̱tunytie of winde and wather for Virginia was allowed to be sealed.

The Comission for ye Swan of Barn- stable to be sealed.

Wheras some principall of ye Magazine Aduenturers for the better putting of of the Tobacco had signed to certaine Articles for tak inge halfe therof vppon Condic̃on that all the rest should be written for by Certaine time, wch tyme beinge expired and nothinge p̱formed, the Adventurers now present have agreed, and to that end tyed them- selvs that if those wch have subscribed please to stand thervnto they will not sell the rest att lower price wch if they doe then they to pay no more then the rest shalbe so sould for.

Magazine Aduen- turers signed to Certaine Articles

MARCH Ye SECOND 1619

Present.
mr Ther̃rer. Dr Winstone. mr: Augu: Stewarde.
Sr Io: Dauers. mr Rich: Tomlynℯ. mr Swinhowe.
Sr Baptist Hickes. mr Ro: Smith. mr Bull.
Sr Io: Wolstenholme. mr Wm: Caninge. mr Casswell.
Sr Nath: Rich. mr Cranmer. mr George Smith.
mr Io: Wroth. mr Keightley. mr Meuerell.
mr Deputy. mr Briggs. mr Arundell.
mr Tho: Gibbℯ. mr Wm: Essington. mr Baldwin.
mr Sam: Wrote. mr Bearblock. mr Tho Mellinge.

Wheras the last ordynary Court made choyce of three for the man- aginge the remaynder of the Magazine buisines, and that then itt was agreed that mr Essington should be entreated to p̳ceed wth the Accompts hee being now p̢sent & desyred by the Adventurors to vndertake itt againe assented to p̱forme itt. [84]

Mr Essington to proceed with ye Magazine Ac- compts.

And for asmuch as mr Caswell signified that mr Alderman Iohnson did not like the Coueñnt made by the Aduenturors in the last Courte for the vnderwritters to take off the Tobacco they had vppon Condi- c̃ons subscribed for as not beinge effectuall enough for their sattisfac- c̃on and therfore desyred to have an other meetinge of ye Aduenturos vppon satterday morninge to take itt againe into considerac̃on was by the Adventurers present assented vnto and agreed to be att Sr Thomas Smithℯ house vppon satterday next att ix of the Clocke, att wch time the Courte have intreated mr Cranmer and mr Chambers to be there for the Company.

The Coueñnt made by the Magaz: Ad- uenturers disliked by Alder: Iohn- son

Ye Aduenturers desired to meete.

Sir Iohn Dauers and Dr Winstone repayringe to the Spanish Agent as they were intreated and haveinge delivered their message accordinge to the direcc̃on of the last Courte reported now that itt was very kindely

Sr Io: Dauers, and Dr Winstonℯ re- porte from ye Span- ish Agent.

accepted by the said Agent promisinge to write vnto his Maister the kinge of Spaine for to certifie him how Carefull the Company are to holde all due Correspondency wth him, onely desyringe that if therby hereafter they should finde themselves Dampnified and have occasion to renue and prosecute the matter, that then this Company would ioyne wth them for to procure sattisfacc̃on, which they in the behalfe of the said Company promised to p̱forme.

And wheras allso in the last Court Sr Thomas Gates, and Sr Nath: Rich were intreated to repaire to Generall Cæsill touchinge the desyre of the Plantac̃on to be accomodated wth some Enginers att their owne charges for Raysing of fforteficac̃on Itt pleased Sr Nath: Rich to reporte that accordingly they were wth Generall Cæsill who found him exceedinge redy and willinge to assist them wth his best further- ance although for the present hee knoweth not how to furnish them they beinge so exceedinge deare and hard to be gotten that they will not worke vnder five or six shillings a day, butt acquainted them of a ffrenchman who hath been longe in England very skillfull therin who p̳mised to agree wth him for a certaine some of monny to goe ouer and live there signefyinge of two sortes of ffortefycac̃ons, one for the induringe of assaults and Battery, which is not as hee Accompts there very needful butt rather the other of chusinge and takinge some place of Advantage, and there to make some Pallysadoes wch hee conceiveth the fittest, and for Wch this ffrenchman is singuler good.

Sr Tho: Gates, & Sr Nath: Rich their reporte from Gen- erall Cæsill touch- inge Engineers

Mr Thrr̃er signified that accedentally haveinge some Conferrence with ye Right Honble͠: the Earle of Arrundell itt pleased his Lop: to demon- strate the exceedinge much love hee beareth to the Acc̃on, insomuch that hee could be content to come and sitt amongst them; Hee ther- fore moved that the Court would admitt his Lop: into their Society, wch beinge putt to ye question was ioyfully embraced by generall con- sent, and referred according to order to a great Courte for electinge of his Lop: to be one of the Counsell.[85]

My Lord of Ar- rundell admitted a fitt brother & re- ferrd to be elected one of ye Counsell.

Hee allso acquainted my Lord of London of the Companies intent for the sendinge ouer Mynisters, and their request vnto his Lop: for his good furtherance and assistance therin together wth what mainte- nance they had there ordeyned for them, wch he very well approved of, promisinge to his vttmost of his power to doe what lyeth in him for the good of that Plantac̃on.

My Lord of London made acquainted of ye Compa: intent to send Mynisters.

Sygnifyinge allso that the Corporac̃on of Smithℯ Hundred verie well accepted of the Charge of the Infidles Children comended vnto them by the Courte in regard of their good disposic̃on to doe good, butt otherwise if the Courte shall please to take itt from them they will willingly give 100li: And for their resoluc̃ons although they have not yett sett them downe in writinge by reason some things are yett to be considered off. they will so soone as may be p̱forme the same and present itt.

Smithℯ hundred content to giue 100li to be dis- charged from ye charge of ye Infi- dles Children.

Wheras duringe the time of Sr Thomas Dales resydence in Virginia therwas by his means sundry Saltworks sett vpp to the great good and benefitt of the Plantac̃on, since wch time they are wholly gone to wrack and lett fall in so much that by defect therof the inhabitants are exceedingly distempred by eatinge porke and other things meats fresh & vnseasoned therfore itt was referred to a Comittee to Consider wth all speed for the settinge vpp againe of the said Saltworks, that is to Sr Iohn Dauers Sr Nathaniell Rich, mr Iohn Wroth, mr Dr Winstone, & mr Sam: Wrote to meet to morrow att two of the Clocke att mr Thr̃ers house—Mr Baldwin is desyred to be there att the same time to further the said Comittee wth his best advise.

A Comittee ap- poynted for ye set- tlinge of Salt- workes.

Itt was allso moved by mr Treasuror that for asmuch as this yeare there hath beene and are in preparinge to be sent to Virginia 1200: personns or their aboute wherof 600: to the publique or for other pious vses wherby a heavy burthen will be vppon Sr George Yeardley for the disposinge of them all accordinge to direcc̃ons and instrucc̃ons sent vnto him, that therfore for his better incoragment the Company would please to send him a Present itt beinge no new thinge butt much vsed by them heretofore whervppon itt was referred to the Committee in ye preceding Order to consider and conclude what shalbe sent vnto him. [86]

The sendinge of Sr Geo: Yeardly a present referrd to the Comittee.

As likewise ∥that in reguard∥ a treaty is to be made wth Opachan- kano touchinge the better keepinge of the Infidells Children wch are to be brought vpp in Christianytie yt therfore they would authorize Sr George Yeardley to take some such thinge as hee shall like best outt of the Magazine and present itt vnto him for the better attayninge their ends of him wch beinge putt to the question was well allowed.

Sr George Yeardly authorized to take some things out of ye Magazine to present itt to Opa- chankano.

Sr Thomas Gates, by his bill assigned five Shares of twelve pounds tenn shillings the Share to Samuell Wrote esqr: wch the Auditors haveinge formerly approved was allowed by this Courte.

Sr Tho: Gates 5 Shares to Sam: Wrote.

Likewise mr Humphrey Reynoldℯ assigned five Shares to mr Humphry Slaney wch beinge allso allowed by the Auditors was ratefyed by this Courte.

Mr Hum: Reigh- noldℯ 5: shares to mr Humfrey Sla- ney.

MARCH THE 15th 1619

Present. The Right Honorble͠: Robert Earle of Warwick.
Sr Edwin Sandys Thr̃er.
Sr Thomas Roe. mr Iohn Wroth. Capt Dani: Tucker.
Sr Dudley Diggℯ. mr Mau: Abbott. mr Iohn Smith.
Sr Thomas Gates. mr Deputy. mr Keightley.
Sr Iohn Dauers. mr Tho: Gibbes. mr Nicho: Ferrar.
Sr Fard: Gorge. mr Robt: Ofley. mr Bull.
Sr Tho: Wroth. mr Sam: Wrote. mr Cranmer.
Sr Iohn: Wolstenholme. mr Dr Meddus. mr Rogers.
Sr Nath: Rich. mr Henry Reighnoldℯ. mr Essington.
Sr Tho: Willforde. mr Tomlynℯ. mr Ditchfeilde.
mr Recorder of London. mr George Tucker. mr Casswell.
mr Alderm: Iohnson. mr Nicho: Leate. mr Swifte.
Capt Sam: Argoll. mr George Smith.
mr Mellinge, Cr.

The Courte beinge sett mr Thr̃er made knowne yt the George beinge returned from Virginia had brought ɫres certefyinge allso of the greate mortallytie wch hath beene in Virginia about 300:of the Inhab- itants haveinge dyed this last yeare and that Sr George Yeardley comittes the former §same§ error as formerly that hee dyrecteth all his letters to the Counsell and not any to the Company; Butt for ye people sent in the Bona Noua they are aryved in health are all live- inge & p̳sper well applyinge themselvs wth the rest accordinge to direcc̃on to the buildinge of houses tillinge of the ground plantinge Silkgrass: Butt forasmuch as the Courte was wholly ignorant of the State of the Colloney wch by the readinge of these [87] Letters now come they might be enformed of, therfore itt was ernestly moved by divers now present that they might be published to the Courte, butt sundry of the Counsell thinkinge itt inconvenyent, till a full nomber therof hadd first heard itt, wch was accounted seaven to gether, itt was therfore deferred till the next Courte and in the intryme itt was agreed that the Counsell should be desyred to meete vppon ffryday afternoone att mr Thr̃erℯ house att two of the Clocke, and that Capt Smith, and Capt Maddison then attend to make knowne their greiv- ances wch they pretend done vnto them by Sr George Yeardley.

The George re- turned 300:dead

The people sent in ye Bona Noua ar- riued well.

The readinge of ye L̃res is referd

Capt Smith & Capt Maddison to make known their greu- ances.

Then hee Com̄ended to the Considerac̃on and approbac̃on of them three Things of mayne consequence—1: wheras fower shipps are lately dispeeded and another wch wilbe readie to goe by the last of this moneth wth Pasengers & Provisions as itt was delivered and allowed in a Quarter Courte held the 17th of Nouembr last that therfore for the better Care of preservinge them att their landinge and nourishinge those wch shalbe sicke for preventinge so neer as may be ye like mor- tallytie and for the prosicutinge of some well degested orders made in their Courtes hee had framed the draught of a Charter, wch although this Courte could not give a finall confirmac̃on thervnto, yett if they now approved therof itt might be sent in this Ship to be putt in Execuc̃on, & be confirmed in the next greate generall Courte.

3 things of mayne consequence Com- ended by ye Thr̃er to y e Courte. 1:

The draught of a Charter for nour- ishinge those yt are sicke.

That wch mr Alderman Iohnson now proposed that they would take care how to dispose of the Ship and goods now returned for their best advantage.

To dispose of ye Ship & goodℯ re- turned. 2:

Of difference betwixt the Northerne and So: Collonys.

The differences be- tweene ye No: and So: Colloneys. 3: The Charter redd and approued of.

ffor the first the Draught of the said Charter beinge extant itt was agreed should be red wch done was very well approved and allowed off referringe itt to the Quarter Courte for an example confirmac̃on butt in the meane time agreed that the Coppie therof should be sent for the Gouernor to putt in practize.

A Coppie to be sent to ye Gou9nor.

The second beinge mr Alderman Iohnsonℯ Proposic̃on was comitted to a Comittee to consider of, that is to say

Sr Thomas Smith. mr Alder: Iohnson. mr Cranmore
Sr Thomas Wroth. mr Io: Wroth. mr Bull &
Sr Io: Wolstenholme. mr Deputy. mr Caswell or so many elℯ as pleased.
Sr Nath: Rich. mr Keightley.

Alderman Iohn- sonℯ Proposic̃on referrd to a Com- ittee & deuided in- to 3 partℯ vizd

Devidinge the busines into three poyntes.

ffor the plantinge of English Tobacco that notwthstandinge vppon ye Compa: yeildinge to an imposte, his Maty by a Proclamac̃on hath pro- hibited the same yett Contrary thervnto itt is pryvately planted.

English Tobacco priuately planted. [1]

ffor the procuringe a mitegac̃on of the imposic̃on wch is conceyved may be obteyned. [88]

mitegac̃on of ye imposte [2]

For the Sale of ye Goods

3

All wch is referred as aforesaid, and are entreated to meete att Sr Thomas Smithℯ house vppon Satterday morninge next att eight of the Clocke.

To the third mr Thr̃er signified that the No: Collony intendinge to replante themselvs in Virginia had petic̃oned to the Kinge and to the Lords for ye obteyning a nue Pattent wch the Lords referred vnto the Lord Duke, & the Lord of Arundell And the Lord of Arundell delivered itt to him for to call the Counsell, vnderstanding of some differrences about fishinge betwixt them, and if they could not deter- mine of itt, that then to returne theire opinions to their Lops: wher- vppon accordinglie haveinge mett, and as formerly disputed the buis- ines they could not conclude therof, butt discented the one from the other, that therfore accordinge to his Lops Command the Courte would please to nominate some to give intelligence how the buisines betwixt them doth depend, wch the Courte p̱ceivinge none to vnderstand the cause so well as himselfe most ernestly besought him to take the paines, wch hee beinge very loth and vnwillinge by reason of the exceedinge multitude of the Companyℯ buisines depending vppon him desyred to be excused, butt not prevaylinge hee was soe ernestly solic- ited thervnto that hee could not gainesay itt, whervppon they associ- ated vnto him Sr Iohn Dauers, mr Harbert, and mr Keightley to repaire thither to morrow morninge at 8 of the Clocke.

The No Colony pe- tic̃oned to ye Kinge for a new Pattent

Hee allso signified of one mr 1

A blank space in the manuscript.

Kinge that is to goe wth 50 persons wth him to Virginia there to sett on foote Iron Workes and that there was Articles indented betwixt the Company and him, wch beinge red was so well liked that they allowed of the same, and agreed that the Seale should be thervnto affixed.

The Articles be- tween mr Kinge & ye Compa: touch- inge ye Iron Workes ordered to be sealed.

And wheras the Ship before exprest to sett forward before the latter of this monneth called the Frauncis Bona Venture, mr Treasuror haveinge sealed the Charter party betwixt the owners and the Com- pany; The Courte now did render thanks vnto him for the same and have agreed to save him harmeless.

Mr Thr̃er thanked for sealinge ye Charter party for the Bona Venture.

Sir Thomas Gates assigned one single Share to Edward Palauicine gentleman wch beinge approved by the Auditors and now putt to the question was confirmed vnto him.

Sr Tho: Gates one Share to mr Palau- icine

A Comission unto Maister of ye Frauncis Bona Venture for the takinge op̱tunitie of winde and weather for Virginia was now allowed. [89]

The Comission for the Fra: Bona: Venture allowed.

An extraordinary Courte helde the 20th: of march 1620

Present ye Right Honoble͠: The Lord of Southampton.
mr Treasuror. mr Tomlynℯ. mr Briggs.
Sr Iohn Dauers. mr Harbert. mr Cranmer.
Sr Io: Wolstenholme. mr Rogers. mr Berblock.
mr Io: Wroth. mr Keightley. mr Meuerell.
mr Deputy. mr Bamforde. mr Robertℯ.
mr Tho: Gibbes. mr Iadwin. mr Mellinge.
mr Bromfeild. mr Ditchfielde. mr Baldwin.
mr Sam: Wrote. mr Barnell. mr Arundle.
Capt Argoll. mr Caswell. mr Whyffin.
Dr Winstone. mr Ferrar señe.

One Penecell who sometimes lived a frend in Virginia beinge imployd in the Treasuror, and accidentally att her settinge out fallinge vppon the Sommer Ilandℯ where now hee remayneth sent his petic̃onary ɫre to the Treasuror and Compa: to be released from thence that hee might returne to Virginia and there reportlant him wch was conceaved to be very reasonable vppon wch they have thought good to recom̃end the said ɫre to the Somer Ilandℯ Courte.

Mr Penecellℯ ɫre to returne from ye Som̃er Ilandℯ to Virginia recom̃- ended to ye Somer Ilandℯ Courte.

The Councell haveinge heard the generall ɫre from Sr George Yeardley gave order for the sattisfacc̃on of the Company that itt should be publquely read vnto them wherin was Complainte of Sandys greiv- ances done by Capt Samuell Argoll p̱tly concurringe wth some of the 12 Articles by the Company exhibited against him, vnto wch hee haveinge formerly delivered his answere to fower of them did now present answers to the rest wch vppon the moc̃on of ye Companies Councell mr Thr̃er delivered to the Secretary for to Coppy out and to keepe the originall wherby hereafter the said Capt Argoll may not say butt that they are the very same wch hee now delivered, And foras- much as hee informeth that divers of Virginia were lately com ouer & nowe here wch can give testimony of his p̳ceedings hee therfore desyred a Comission from this Courte wherby to examine them for the better cleeringe of himselfe, butt beinge answered that itt was not fittinge himselfe should examine them butt rather some of the Coun- cell, to wch purpose they would nõiate fower and hee should nominate other fower, and they would except against them two of his, and hee should except against two of thers, wch 4: or 2: of them so they be of either side one as they are chosen shall take the testimony of them accordingly to wch hee willingly condiscented and named Sr Nath: Rich; Sr Ferdinando Gorge, mr Recorder, and mr Ma: Abot of wch the Compa: excepted against Sr Ferd: Gorge, and Sr Nath: Rich wch done the Company named Sr Io: Dauers, mr Christopher Brooke, mr Gibbℯ, and mr Deputy of wch hee excepted against mr Brooke and mr Deputy so that the 4 chosen for this buisines are

Sr Iohn Dauers & for ye Company.
mr Tho: Gibbes
mr Recorder & for Capt Argoll. [90]
mr Mo: Abbot

Sr George Yeard- leyℯ letter pub- liquely read wher- in was Complainte of Sandys greiu- ances done by Capt Argoll.

The answers d̴d̴ to ye Secretary to Coppie out and to keepe ye Orignallℯ.

Comissioners ap- poynted to exam- ine ye passengers now com ouer.

The good Ship called the George after a longe continuance outt beinge returned and bringinge an exceedinge charge to the Company and all that is to be expected for the bearinge of the Charge beinge the fraight of Tobacco com in her and ye fishinge Voyadge shee was employed in, Itt was agreed that the Husband should looke carefully to itt, and not deliver outt any goods butt by certificate from mr Dep- uty that the fraight therof beinge 4d vppon a pound be payd vnto him, And for the other the Courte hath chosen mr Cranmer for the Company and mr Keightley for the Magazine entreatinge them to examine & Cast vp what profitt may be therby accrew by the said fishinge, that wthall possible speed the ffraight and wages of the said Company Ship may be discharged and the Company sattisfied for such allowances towards the same as shall fall out due vnto them.

The Georg a great charge to the Com- pany.

The Husband to deliuer out no goodℯ but by cer- tificate from ye Deputy.

Mr Cranmer for ye Company & mr Keightley for ye Magazine

And wheras mr fferrar Deputy sent out the Garland to ye service of ye Company wth 45 men of his and his Associates to be left in Vir- ginia for the preparinge and makinge reddy of buisines against the Springe intendinge together wth his Associates to have sent divers others for the settinge vp of Iron Workes as allso that the Councell hath sent sundry letters by Wye, mr of the said Shipp now for asmuch as hee was appoynted to touch at the Summer Ilandℯ and leave some men there and so p̳ceed hee notwithstandinge contrary to their direc- c̃ons and as hee was bound by Charter party findinge that extraordi- nary gaine would redound vnto him by the great quantitie of Tobacco wch ther was redy to come for England diverted his Course from Vir- ginia, lefte the men wth their provisions in the Som̃er Ilandℯ and what is become of the L̃res itt is vncertaine, hee beinge required since his Cominge home att a Sum̃er Ilandℯ Courte, to bringe them to mr Thr̃er and hath not yett p̱formed itt, And forasmuch as vppon the moc̃on of mr Ferrar in the last Somer Ilands Courte itt was there ordered that his wages should be deposited till the differrences betwixt them were ended hee therevppon hath anihilated the same by repayr- ing to ye Admiralty and by puttinge in bayle to answer his Acc̃on hee shall enter against him in respect wherof and in considerac̃on of the greate wronge and preiudice hereby falleth to the Company, (Itt was agreed beinge putt to the question) that the said Compa: shall ioyne wth mr fferrar in the sutte against him, and to that end to entertaine a Procter, and Advocate and have entreated for the Company Dr Winstone and mr Berblock to follow itt for them, and for the defray- inge of the Charge have entreated mr Thr̃er to disburse vppon warr̃nt what shalbe needfull. 1

The papers on this subject are cited in List of Records, No. 149, page 137, ante.

The Garland sett out by Mr Ferrar and his Associatℯ

Mr Wye beinge to touch at ye Sum̃er Ilandℯ and so to p̳ceed diuerted his Course from Vir- ginia and lefte his men & prouisionℯ at ye S: I:

The Actes of the generall assembly in Virginia beinge yett to read together wth a ɫre wch mr Yeardley desyreth may be read for the cleer- inge of his Brother Sr George Yeardley because itt was held incon- venyent to spend an ordinary Courte therwth itt was agreed that munday next in thafternoone be apoynted for the purpose. 2

Two letters concerning these acts are cited in List of Records, Nos. 154, 171, pages 138 and 140, ante.

[91]

The readinge of ye Actℯ of ye generall assembly in Vir- ginia and mr Yeardleys ɫre in behalfe of his brother be re- ferrd.

MARCH Ye—XXIXth: ANNo DOM̃: 1620

Present.
mr Thr̃er. mr Wrote. mr Caswell.
Sr Tho: Roe. mr Herbert. mr Bull.
Sr Io: Dauers. mr Ed: Gibbes. mr Pallavicine.
Sr ffer: Gorge. mr Tho: Gibbes Iunior. mr Meuerell.
Sr Tho: Wroth. mr Edwa: Smith. mr Robertℯ.
Sr Io: Wolstenholme. mr Keightley. mr Sparrowe.
Sr Nath: Rich. mr Bearblock. mr George Smith.
mr Alder: Iohnson. mr Cranmer. mr Baldwin.
mr Iohn Wroth. mr Briggs. mr Mellynge.
mr Chr: Brooke. mr Palmer. mr Newporte.
mr Tho: Gibbes. mr Caninge. mr Arundell.
mr Deputy. mr Rogers. and many others.

Wheras accordinge to the aboue written order munday afternoone last was apoynted for an extraordinary Courte, mr Thr̃er signified that when the same was warned hee hard that att the same time therwas a Courte for the Som̃er Ilandℯ, therefore imagininge that the Com- panies beinge to be so seuered itt would be the hinderance of them both, hee was willinge that the Virginia Courte should be dismiste.

A Virginia Courte dismiste in respect therwas held one for ye So: Ilandℯ.

The order beinge read wherin Sr Nath: Rich signified what had beene done vppon the Companies request to generall Cecill about an Enginer to be sent to Virginia hee now reported that haveinge beene since wth him hee findes that wheras hee pitched of a ffrenchman hee thinks he shall be deceaved, Butt if the worst fall out that hee cannott help them to a fitt hee will sett downe such p̱ticularr direcc̃ons and instrucc̃ons for them to p̳ceed as they shall easilie p̱forme itt; More- ouer hee said that hee had spoken to another who tould him that hee knew of a very sufficient man for his purpose a Captain in the Low Countries, who vppon intelligence hee is sure would sell his place to serve this Company beinge the thinge wch err now himselfe hath desyred ffor wch the Courte gave Sr Nath: Rich thankes desyr- inge that hee in the Lowe Countries may have notice therof, whose service they shall well esteeme and that in the meane time hee would be pleased to procure accordinge to his relac̃on of Generall Cecill those direcc̃ons & Instrucc̃ons he hath promised that they be sent in this Ship to the Inhabitants to give them some p̱t of sattisfacc̃on wch hee hath p̳mised shalbe p̱formed.

Sr Nath: Rich his reporte from Gen- erall Cecill touch- ing an Engineer.

The busines att the last ordinary Courte referred to a Comittee to meete att Sr Tho: Smithℯ wch accordingly they did and there Agree- ment of the 3: pointes now presented in writinge was after publique readinge beinge putt to the question allowed and agreed haveinge dependancy to an order in the said Courte to be amongst the rest of the Acts recorded being this wch followeth. [92]

The buisines re- ferrd to a Comit- tee at a former Courte allowed.

A meetinge of Comittees helde at Sr Thomas Smithℯ by order from the Virginia Courte 18th: March 1619

Present.
Sr Thomas Smith. mr Wrote. mr Edwardℯ.
Sr Thomas Gates. mr Keightley. mr Cranmer.
Sr Thomas Wroth. mr Caninge. mr Berblock.
Sr Nath: Rich. Capt Tucker. mr Casewell.
mr Alder: Iohnson. mr Essington.
mr Tho: Gibbes.

This Comittee meetinge by order from the Virginia Courte tooke into considerac̃on the 3 poyntes referred vnto them.

ffor Tobacco wch is ∥priuately∥ said to be pryvately planted contrary to the Kings prohibic̃on by Proclamac̃on, they now agree to entertaine Henry Mansell to be an intelligencer and to give direccons and Instruc- c̃ons to p̳ceed by acquaintinge a Iustice therwith & then bringinge his name to the Counsell and mr Iacob, wch mr Iacobb hath p̳mised to p̳secute itt, and preferr a bill against him in the Star Chambr and so for every informac̃on iustly preferred and wch shall be within 5 milles of London and proveth true they hold itt requisite for the encourrag- ing of him to give him xs equally to be paid by the Companies of Vir- ginia and the Sumer Ilandℯ, and if hee vppon occasion rode further then the 2 Companies to beare his Charge and reward him as they see cause, and therfore have concluded that hee shall be bound vnto them to doe faythfull service wthout any conivencie vppon paine of a strict pennaltie to be otherwise imposed vppon him and to that end itt is held convenyent that his continuance herein be durante bene placito.

for Tobacco pry- uately planted heer in England Henry Mansell to be an intelligencer

Mr Iacobb to pros- ecute itt

To the second poynte of mytegacon of ymposic̃on

mytegac̃on of im- posic̃on

After some dispute mr Alderman Iohnson and mr Cranmer was entreated when they rise to goe to mr Iacobb who had reason to respect them consideringe the pryveledge of their Pattent and the manner of his graunt by easinge and releivinge them in the Taxac̃on of their Tobacco, wch if hee refuse, yt then my Lord of Warwicke, Sr Tho: Roe, Sr Nath: Rich, and others be entreated to deliver from the Compa: such reasons to the Kinge for mitagac̃on thereof as they have sett downe in the petic̃on to his Maty consideringe that the buisines doth not concerne the Kingℯ profitt butt mr Iacobbs.

mr Alder: Iohnson & mr Cranmer to goe to mr Iacobb.

Thirdly for the Sale of Goods

Sale of Goodℯ 3 for defrayinge of ye Charge of fraught both olde & new shalbe sould &c

Itt is agreed by these Comittees yt for the defrayinge of the p̢sent charge of fraight Custome, and Impost of Tobacco both olde and new, wch is com from Virginia from those of the Magazine shalbe sould to those that will vnderwrite for such quantitie as they shall thinke fittinge not vnder the quantitie of 500: pound waight for any one man to write vppon these Condic̃ons.

1

2

3

4

And they to order and Condition of brokes longe since made touch- inge ye said Magazine shall stand firme of every man wthout alteringe or revocac̃on and that a Preamble of this order shalbe sent to the Adventurers that such as are willinge vppon the foresaid Condic̃on shall vnderwrite theire names & quantity wch they shalbe pleased to § buy & § take out.

A Preamble of this order to be sent to ye Aduenturers.

Concerninge the difference of ffishinge betweene the South, and No: Collony itt pleased mr Thr̃er to signifie that although hee was very vnwillinge by reason of the multitude of other buisinesses, yett hee and the Comittee had intended the Lo: Duke and the Lo: of Arundle, and therwas for the other side Sr Ferd: Gorge and others, where dis- putinge the matter before their Lops: they pleased neither to allow nor disalowe entirely the one parte or the other butt sett downe & order as seemed fittest to their Lops: for the obteyninge a Coppy wherof they now appoynted the secretary to repare to Sr Clement Edmondℯ and desire itt of him in the name of the Compa: & appoynted him to give his Clarke his ffee.

Mr Thr̃er reporte of ye Order sett downe by ye Los: concerninge the difference of fish- inge between ye So: and No: Col- lonyes

The Secretary to repare to Sr Clem- ent Edmondℯ.

Hee further acquainted them of 2 things more to be p̱formed for the publique the one a Charter to be sent to Sr George Yeardley to be published throughout the seu9all Burroughs and Hundreds that they apply not themselvs wholly to Tobacco wch will faile them and ouer throw the generall Plantacon butt to other Staple Comodities of which they have notice, wch beinge ingrossed and read was ratefyed by ereccon of hands

a Charter to be sent to Sr Georg Yeardley wch be- inge read was rati- fied

The other that wheras an Asperc̃on was laide vppon him by some that hee deteyneth matter from the Company and imparteth them onely to the Councell wch is not true for hee hath procured more then once the Gouernors ɫres to the Counsell and theirs to him to be read openly in Courte, yett hee sayth that the Gouernor hath given cause of yt blame by dyrectinge still his ɫres to the Counsell, wch although hee hath reprehended him for itt by his pryvate letter, yett itt would not doe amise that a generall ɫre from the Courte be sent him, that hee may better vnderstand his error, and hereafter write aswell to the Company as to the Counsell, wch they thought to be very necessarie, whervppon they have entreated mr Thr̃er, Sr Iohn Dauers, mr Wrote, mr Gibbes, and mr Herbert, to meet att mr Thr̃erℯ house vppon fry- day morninge for p̱formance of itt, wch done might be read to the Courte to be approved and signed.

Mr Tr̃ ers answere to an Aspersion laide vppon him for deteyninge matter from ye Company & im- partinge them to ye Councell.

A Letter to be written to ye Gou- ernor.

Hee also signified that Sr George Yeardley desyreth of them for the good of the Colony that a navigac̃on might be sent vpp wch would produce good benefitt to the Plantac̃on, and to that end nomynateth vnto them one Marmaduke Rayner who is willinge to goe if they please to give him his passage, wch man beinge allso well knowne vnto Sr Tho: Roe, hee gave very good com̃endac̃ons of him, wher- vppon itt was agreed vppon the tearms menc̃oned hee should be sent.

Navigc̃aon to be sent

Marmaduk Ray- ner appoynted

Thomas Gibbes esqr by two severall bills assigned vnto two of his sonns mr Edmund, and Tho: Gibbes Iunior ij single Shares one to each of them of 12li:10s: the share, wch the Auditors haveinge approved the Courte now confirmed beinge putt to the question by ereccon of hands. [94]

Tho: Gibbes 2 shares to two of his sonnes.

Capt Iohn Bargraue assigned two shares vnto Mr Robert Briggs which vppon the like approbac̃on was allowed as the former.

Capt Io: Bargraue 2 shares to mr Robert Briggs.

Vppon the request of Stephen Sparrow itt was agreed yt Mr Aliano Lupo who haveinge beene a planter in Virginia for 9 years past & there continuinge shalbe made free and have the proporconable rate of one hundred Acres of Land alotted him like as to other Adventurors. As allso that the saide Stephen Sparrow att his owne charge trans- ported three men to Virginia for whom wm Webb received the monny as hee witnesseth vizd: Iohn Slater, and Iohn Powell in the George in October 1617 & wm Thisselton in the wm: and Thomas, in August 1618, whervppon itt was agreed accordinge to his desire that for the said 3 men hee should have 150 Acres of Land.

Mr Aliano Lupo to be made free & to haue 100 Acres of Land.

and for 3 men transported by mr Sparrow 150 Acres.

Walter Eldred produced to the Courte ye will of Thomas Hodges in wch will hee hath given vnto the said Walter Eldred 3 single Shares of 12li:10s wch appearinge to the Courte he dyed wthout issue, as also that by the said will hee was sole executor the Courte now gave al- lowance therof and soe was admitted into this Societie.

Walter Eldred 3 shares confirmed to him & made a free brother.

Wheras vppon the petic̃on of Agnes Nichollℯ mother to one Henry Dauies who did goe the Voyadge to Virginia wth the Lord Lawarr in 1616 and att six moneths after his landinge hee there dyed as by cer- tificate from Samuell Tubman may appear, itt was agreed vppon the said petic̃on and certificate that Susan Hamond the only sister and heire of ye saide Henry Dauies shall have the Land due vnto him vppon his p̱sonall adventure.

Susan Hamond to haue ye land due to Henry Dauies her brother.

fforasmuch as divers petic̃ons are to be read and some other buisines to be p̱formed before Depture of the Ship, itt was agreed that Mun- day afternoone next shalbe an extraordinary Courte.

A Courte to be helde

An extraordinary Courte held at Sr Edwin Sandys house the 3 of Aprill 1620

Present.
mr Thr̃er. mr Robt Smith. mr Edwardℯ
Sr Io: Dauers. mr Tho: Gibbs Iunior. mr Briggs.
Sr Tho: Wroth. mr Wheatley. mr Bamforde.
Sr Io: Wolstenholme. mr Keightley. mr Robertℯ.
mr Io: Wroth. mr Palmer. mr Geo: Smith.
mr Tho: Gibbes. mr Berblock. mr Meuerell.
mr Wrote. mr Barnell. mr Sparrow.
mr Herbert. mr Rogers. mr Newporte.
mr Baldwin. [95]

A Complainte in writinge beinge now presented by some of the Ad- venturors of Martinℯ Hundred, for redresse of some wrongs, pretended done them p̱ticularly by one Boyse entertayned there to be a Bayly of their hundred who contrarie to Coveñnts hath forsaken their Planta- c̃on and settled himselfe elsewhere; Itt was agreed accordinge as they desyred, that the saide writinge should be enclosed in the Companies L̃re, wth advice to the Gouernor to rectefie their Greivances and further them in their lawfull desires.

Ye Complt: of ye Aduenturers of Martins hundred to be enclosed in ye Compa: ɫre to ye Gouernor.

Mr Thr̃er reported yt the Comittee appoynted in the last Courte for the drawinge a ɫre for the Compa: to the Gouernor have mett and fynished the principall pointes of the same, if the Courte shall allowe theirof, therin menc̃oninge of ·2· very sufficient and able men wch are to goe as Deputies for ye Company and to take charge of 2: p̱ticularr govermtℯ vnder Sr George Yeardley for menaginge and orderinge 2 parts of the publique Land, and Teñntℯ, the one for the Colledge, and for that have dealt mr George Thorpe a gentleman of his Maties: pryvie Chamber, and one of his Councell for Virginia, who hath promised wth all diligence to have exceedinge care therof, the other of like suf- ficiencie butt yett to be namelesse to have charge of the publique Land and teñntℯ sett out in 4: Burroughℯ, wch wilbe no otherwise charg- able to the Company then for the present, allotinge them of Land and allowinge them Teñntℯ therevnto, And wheras Sr Georg Yeardley offereth to serve the Company gratis, the Company hould itt not requisite to accept of his offer butt rather to dispose some p̱t of his lib- erallytie another waie that therfore hee, (as they intend hereafter to coveñnt wth such as shall succeed him hereafter) shall leave on the Governors Land as many Teñntℯ at the expirac̃on of his Goverment as hee findeth or went wth him at his entrance or afterwards shalbe sent vnto him.

The Compa ɫre to the Gouernor fin- ished.

2 Deputies to goe & take charge of 2 pertiuler Gouer- ments.

1

2

3

Sr George Yeard- leys offer held not requisite to accept of.

And wheras Capt Argoll in the time of his suspention from the place of Admirall authorysed, Abraham Peirsey the Cape marchant to be his Deputy or Vice Admirall wch hee could not doe till by his cleeringe hee had frustrated the said suspension, Therfore the Comittee held itt fitt that the execuc̃on of that Office should be referred to ye Gou9nor and Counsell of State and to such vnder them as they shall appointe.

The execuc̃on of ye Office of Admirall in Virginia refer- red to ye Gouernor and Counsell of State ther

And forasmuch as the Gouernor and Counsell there have allowed of certaine ffees to be due vnto the Secretary by his place and sent itt hither for confirmac̃on, the Comittee first and now the Courte p̱vs- inge the same found them so oppressive that they found them soe intollerable, & therefore held it convenyent that hee should have no fees att all butt that the Compa: would allowe him certaine Land and Teñntℯ, and so to live vppon that butt for his Clarke to allow him 6d or 4d in the Crowne ther sett downe wch belonginge to the lawes of gov- ermt, and magestracie to be there established is referred thereto [96]

The Secretaries fees sent hither to be confirmed held intollerable Cr.

And likewise wheras a Complainte is made of the Cape Marchant by the Planters of double and treble rates sett vppon the goods con- trarie to the Adventurers order that therfore the Gouernor and Coun- sell be authorized to make him produce his writings and Invoyces to examine whether hee hath dealt fairely or no and returne informac̃on to the Company.

The Gouernor to be authorised to examine ye Cape Marchantℯ writ- ings & Invoyces.

Other things of smaller consequence beinge likewise to be incerted was com̃itted to the trust of the Comittee to p̱forme and soe the letter being putt to the question was allowed and confirmed agreeing that it shalbe signed by the Thr̃er, Deputy, and Comittee in the behalfe of the Company.

other Addic̃ons to ye ɫre: referrd to be p̱formed by ye Comitee & to be signed.

Hee also signified that mr George Yeardley desyred for his better direcc̃on the laws for Gouerment and Magestracye wch although a Comittee was long since Chosen for the same yett by reason of other buisines of maine consequents they have not p̳ceeded therwith, request- inge that now when all the Ships are gone and other buis̃ses settled they would graunt him so much libertie for his refreshinge as to retire himselfe for 3: or 4 weekℯ into the country in wch time hee would spend his studies in collectinge and framynge such lawes as may agree soe neer as may be to the Lawes of this Realme and his Mats: instrucc̃ons from wch if hee swerve in any thinge itt shall not passe till the kinge have approved therof: Itt beinge not fitt yt his Mats subiects should be governed by any other lawes then by such as shall receave influence of life from his Maty: whervppon wth many thanks for his care his request was graunted.

Mr Tr̃ers request for collectinge & framinge of Laws graunted.

Itt was informed yt the Lady Lawarr desyred yt 25 Shares adventure might be deducted outt of her Shares, and passed to Anthony Browne who intendeth to goe to Virginia and plant them wch the Courte allowed.

Ye Lady Lawarr passed 25: Shares to Antho: Browne.

A petic̃on read from Elizabeth Pearcy referred to the Adventurers of the Magazine.

Elizabeth Percy her petic̃on.

ffrauncis Baldwins petic̃on beinge read itt was agreed should be com̃ended to the Gouernor in the ɫre from the Company.

Fra: Baldwins Pe- tic̃on to be com̃- ended to ye Gou9- nor.

Weras one Bartholemew Lawton was transported in ye Bona Noua to Virginia to remaine a Teñnt there, one mr Deuerell made sute that hee might be freed from that place and made free, and to that end would pay the charges the Compa: was at in sendinge him, and send him a man or two to worke for him, vnto wch hee was answered that his p̳ffer would not serve the turne butt if hee will send in his steed one approved to be sufficient and that will p̱forme his Coveñntℯ his request by yt means might be obteyned and not otherwise wherwth hee seemed sattisfied.[97]

Mr Deuerellℯ re- quest for Barth: Lawton.

An Vnperfect Courte helde for Virginia att Sr Edwin Sandys howse ye viijth of Aprill 1620.

Present
mr Treasuror. mr Keightley. mr Eyes.
mr Tho: Wroth. mr Palmer. mr Brigs.
mr Gibbes. mr Berblock. mr Arundle.
mr Wrote. mr Cranmer. mr Newporte.
mr Reighnoldℯ. mr Palauicine.
mr Ro: Smith.

A ɫre beinge read from mr Iames of Plymouth directed to mr Deputy signifyinge that one Spark should deuilishlie §divvldge§ imputa- tion of ye Countrie and Gouerment of Virginia falslie reportinge that 900: ∥men∥ are dead this yeare, and that the people are vsed wth more slavery then if they were vnder the Turke, therfore for the curb- inge of his turbulent spirite, itt was agreed that a ɫre in the name of the Courte should be written to the Maior of Plymoth to examine and learne vppon what ground hee should speake soe falsely and accordinglie to certifie the Company that itt may be followed wth Iustice and equitie.

A ɫre read from mr Iames of Ply- moth.

A ɫre to be written to ye Maior of Ply- moth.

Intelligence was given yt mr Nicholas fferrar thelder beinge translated from this life vnto a better, had by his will bequeathed 300li towards the convertinge of Infidles Children in Virginia to be paid vnto Sr Edwin Sandys and mr Io: Ferrar att such time as vppon Certificate from thence ten of the said Infidles Children shalbe placed in the Colledge to be then disposed by the said Sr Edwin Sandys and Io: Ferrar accordinge to the true intent of his said will, and that in the meane, till that were p̱formed hee hath tyed his executors to pay 8 p̱ Cent̃ for ye same vnto 3 seuerall honest men in Virginia (such as the said Sr Edwin Sandys and Iohn Ferrar shall approve of) of good life and fame that will vndertake each of them to bringe vpp one of the said Children in the grounds of Christian religion that is to say 8li yearely apeece.

300li: giuen by mr Nicho: Ferrar thelder.

An vnknowne p̱son hath allso given 10li for some good vses in Virginia.

10li giuen by an Vnknowne p̳son.

Wheras mr Thr̃er made knowne that notwithstandinge the greate deale of monny hee hath paid vppon old debtℯ yett there remayneth some thinge still to pay wch cheifly is prizes due to Adventurors vppõ the great standinge Lottery therfore moved that mr Wroth who hath taken a great deale of paines therin, and therby gayned much experi- ence that hee would examine what is due and to whome that ye same may be discharged and yt mr Brigs when hee is desyred may lend him his assistance. [98]

Mony due to ye Aduentu: vppon ye great standinge Lotterie

And forasmuch as George Berkleys widdow demaundeth as is former- lie exprest a debt pretended due vnto her husband of 400li Wch is 7: or 8 years olde, hee desyreth that some course may be taken for the true examinac̃on therof that itt be truly knowne that the Complaiñte ther- vppon is indebted or if parte of itt hath beene sattisfied, wch was desyred that the old Auditors would take that paines as most prop̱ vnto them, And all the Officers of yt Compa: when they are requyred that §shall§ attend and beinge given to vnderstand that shee had sundry writings that might give more light vnto the matter mr Briggs was desyred to p̱vse the same, and when hee had so done present his opinion to the Auditors.

400li demaunded by George Berk- leys widdow

The Aditors to ex- amine what is due

Mr Brigs to peruse her writingℯ.

Allso hee signified that haveinge p̱vsed the Actℯ of the generall assem- bly hee found them in their greatest p̱t to be very well and iudiciually carryed & p̱formed butt because they are to be ratefyed by a great and generall Courte therfore hee hath write vnto them that till then they cannott be confirmed 1

Written over the word "performed."

in the meane time hee moved that a select Comittee of choyce men might be appoynted to drawe them into head and to ripen the buisines that itt might be in a readinesse against the saide Courte.

Mr Tɫer: hauing p̱vsed the Actes of ye generall assem- bly found them to be iudicially car- ried.

Whervppon itt was held requisite yt accordingly 4 of the Councell & 4 of the generallytie should be chosen for the effectinge therof wch beinge well allowed, the Councell was nominated, Sr Iohn Dauers mr Thomas Gibbes, mr Brooke, and mr Deputy, of the generallytie mr Sr Thomas Wroth, mr Samuell Wrote, mr Berblock & mr Cranmer or so many of the Company as please, who are entreated to meete att mr Deputies vppon Wednesday sevennight att 8 of the clock in the forenoone and then to agree when to meete and as ofte as they please.

A Com̃ittee to drawe them into a heade.

And wheras 2 Complaintℯ of wronge p̢tended to be done them by Sr Geo: Yeardley hath beene heard before the Counsell the one of Capt Madison & the other of Captaine Powell wherof the one vppon exam- inac̃on did manifestly appeare to be spleene and the other was vppon title of Land notwithstandinge vppon the moc̃on of mr Tr̃er itt is ordered that a ɫre from the Compa: shalbe written to mr Thorpe & ye Counsell of State and therin inclose their said Complaintℯ that they may examine the truth therof and vppon certificate from thence they may accordinglie p̳ceed to right either p̱te accordinge to equitie.

2 Complaintℯ pre- tended to be done by Sr George Yeardley.

A ɫre to be written to Mr Thorpe Cr.

A petic̃on now exhibited by ye frends of ffraunces Newman who beinge sent a freeman and there susteyninge greate bondage and slavery by the means as is alledged of Capt Argoll for ye cleeringe of wch itt is referred to the Articles by the Company preferred against him, and in the meane time have agreed to write to the Governor for his releasemt, If vppon due examinac̃on hee finde no cause to the contrary. [99]

The petic̃on of ye frends of ffra: Newman referrd

The Gouernor to release him

A Charter parte by the Companies order beinge sealed by mr Tr̃er: to paie 600li to some named by Captaine Thompson within 14 daies after Certificate of the Ionathanℯ saffe arivall att Iames Citty and landed her Passengers goods vppon request now of the Owners that hee would please that that said Charter parte might be cancelled the monny off, the monny beinge by right to be paid vnto them the Owners and not to him, and that hee would seale another for payinge therof Accordingly vnto them, the Courte approvinge of itt and desyringe him therevnto hee was content to seale itt beinge first can- celled.

The Charter party sealed by mr Thr̃er to Capt Thompson to be cancelled and another to be sealed for paymt of ye monny to ye Owners.

Iohn Edwards Petic̃on beinge now read itt was agreed itt should be recom̃ended to the Gouernor.

Iohn Edwardℯ Pe- tic̃on to be Com- ended to the Gou- ernor

Likewise a petic̃on of Iohn Piddox was allso recommended to be examined and returned by the Gouernor.

Io: Piddocks pe- tic̃on.

MAY Ye XIth 1620

Present Right Honoble:
The Lord Cauendish. mr Bromfeilde. mr Bosewell.
The Lord Pagett. mr Sam: Wrote. mr Sheppard.
mr Thr̃er. Capt Bargraue. mr Meuerell.
Sr Iohn Dauers. Capt Bruster. mr Geo: Smith.
Sr Wm Throgmorton. mr Bamforde. mr Barker.
Sr Henry Rainsforde. mr Ro: Smith. mr Arundle.
Sr Thomas Wroth. mr Keightley.
Sr Iohn Wolstenholme. mr Cranmer.
mr Deputy. mr Delbridge.
Dr Anthony. mr Berblocke.
Dr Winstone. mr Robertℯ.
mr Gibbes. mr Swifte.
mr George Sandys.
mr Tomlynℯ.

The Court, takinge notice from Sr William Throgmorton yt one of the maides wch Sr Thomas Dale brought from Virginia a native of yt Country who some times dwelt a servant wth a Mercer in Cheapside is now verie weake of a Consumpc̃on att mr Goughℯ in the Black Friers, who hath greate care and taketh greate paines to comforte her both in soule and bodie whervppon for her recoverie the Company are agreed to be att the charge of xxs a weeke for this two monneths, if itt please god shee be not before the expirac̃on therof restored to health or dy in the meane season for ye administring of Phisick and Cordiallℯ for her health and that the first paymt begin this day seaven- night because mr Thr̃er for this yeare reported his Accompts were shutt vp, Sr Wm Throgmorton outt of his pryvate purse for the same purpose hath promised to give xls: all wch monney is ordered to be paide to mr Gough through the good affiance ye Compa: hath of his Carefull menaginge therof. [100]

One of ye natiues brought ouer by Sr Tho: Dale verie sicke

XXa a weeke for 2: moneths bestowed on her

XLs bestowed on her by Sr Wm Throgmorton.

Mr Thr̃er signified that the Ship called ye Bona Aduenture last dis- peeded came came not into the Downes till sunday last by reason wherof hee stayd out the full time graunted him by the Company duringe wch time hee hath p̱formed the Companies buisines soe care- fully that to his remembrance hee not omitted any thinge comitted to his trust, by reason wherof hee hath not done any thinge to the lawes hopinge hee shalbe excused consideringe the buisines for dispatch of the Ship was not to be suspended wth, who to his knowledg is now out of Downes and on her way to Virginia.

The Bona Venture cam not to ye Downes till sun- day last.

nothing done to ye Lawes

Wheras Sr Nath: Rich hath by order of the Courte had some confer- rence 2: or 3: times wth Generall Cecill aboute an Engineer to be sent to Virginia ye Compa hath since dealt wth Sr Horatio Veere who is allso exceedinge willinge & readie to assist them wth his best further- ance, soe that by both their means they may be the better supplyed.

Sr Horatio Veer very willinge to assist ye Compa:

Touchinge the pointe of mitegac̃on of ymposic̃on beinge by a Comittee att Sr Thomas Smithℯ agreed what course to take therein wch by rea- son mr Alderman Iohnson was absent itt was referred till his Cominge to the Courte to vnderstand what is done in itt and of ye successe therof.

ye mitigac̃on of the Imposic̃on re- ferred.

The Order made by the Lord Duke and ye Lord Arundell vppõ refer- rence vnto them in ye behalfe of the S0: and N0: Collonies a Coppy therof beinge p̳cured itt gave not sattisfacc̃on to the one Collony or the other, whervppõ for as much as the N0: Collony hath petic̃oned to the Kinge for obteyninge a new Pattent and therin to declare the one Collony to have Priveledge wthin the other this Compa: findinge themselvs greived therby beinge a meanes to debarr them from the ymunities, his Matie: hath freely and gratiously graunted them for matter of ffishinge, itt is agreed yt a petic̃on likewise be exhibited to his Matie from this Company for the maintenance therof, and that some of the ll͠os: of the Pryvie Counsell wch are of this Societie be entreated to deliver itt from them, for p̱formance of wch the Courte hath requested mr Thr̃er who hath assented to see itt effected.

The order made by ye ll͠s in ye behalfe of ye S0: and N0: Collonies dis- lyked.

a Petic̃on to be ex- hibited to his Matie:

Wheras itt was agreed that two worthie and sufficient men should be sent as Deputies from the Compa: to take care of 2 partℯ of the pub- lique Land vizd of the Colledge and Companies for the first itt is allredy divulged, who is gone and of what worth and sufficiencie, for the other although hee be not yett goinge hee is not inferiour to the former butt is yett to be nameless the thinge hee stands of is matter of entertaynement wch wilbe no other charge to the Company the allot- tinge him land and transportinge him Teñntℯ thervnto and this beinge accordingly placed the first vppon the Companies Land att Elizabeth Cittie att the Cominge in of the River, Sr Georg Yeardly in the middest wher the Gouernors Land is, and mr Thorpe [101] att the vpp̱ end of the Colledge Land: The publique will from hence forth be preserved from the mallice and pryvate ends of any one whatsoeuer—wherevppon for the Institutinge of wch, and agreeinge wth the second Deputy for his entertaynement, the Courte hath referred itt to Sr Iohn Dauers, mr Deputie, mr Samuell Wrote, and mr Delbridge, who are desyred to meet att mr Thr̃erℯ to morrow att 2 of the clocke.

2 men to be sent as Deputies to take care of 2 partℯ of ye Publique Land.

A Comittee

The ffees allowed of in Virginia by the Gouernor and Counsell there vnto Iohn Porey Secretary of Estate beinge disauoued by the last Courte itt was therfore referred to the abouesaid Comittee to reward his labours in another kinde.

The rewardinge of mr Pores labours referred to a Com- ittee

The Comittees appoynted for the drawinge and Collectinge of the Actes of the generall Assembly in heads now reported that by the small light given vnto them how to p̳ceed they have done little therin, and therfore desyred better to vnderstand their charge, and that by reason of short- nes of time, some more may be added vnto them that the buisines may be devided, otherwise itt wilbe hardlie p̱formed, whervppon was added to the other Sr: Henry Raynsforde, mr Herbert, and mr Bamforde, who have apoynted to meete vppon Satterday att mr Thr̃ers att 8 of the Clocke not only to collect them into heads butt to examine weigh them and deliver their opinions and Iudgments of them.

The Comittees for drawinge ye Actℯ of ye Generall As- sembly into heads odne lyttle therin

An Addic̃on

Capt Iohn Bargraue by the Auditors allowance assigned to mr Elias ffoxton one Share of Land wch vppon reporte of his good vnderstand- inge & sufficiency the Courte have entreated that hee ioyne wth the Comittee Chosen for the Acts of the generall Assembly.

Capt Io: Bargraue assigninge i share to mr Elias Fox- ton elected to be a Comittee Cr.

Docter Winston desyred that wheras hee beinge Chosen a Comittee to prosecute law against Wye mr of the Garland that another might be appoynted in his roome, his buisines beinge such that hee could not attend, whervppon they have entreated mr Samuell Wrote to supplie itt & ioyne wth mr Berblock for to follow itt wch hee hath assented to doe.

Mr Sam: Wrote to supply Dr Win- stonℯ rome in pse- cutinge ye Law against Wye.

The last Courte tytled the imp̱fect Courte beinge now read and putt to the question for allowance was by erecc̃on of hands ratefied ∥and confirmed∥. [102]

ye last Courte ty- tuled ye imp̱fect Courte ratefied

Sr Thomas Gates by 5 seuerall bills assigned 14 shares wch beinge first allowed by the Auditors the Courte approved of as namely.

Sr Tho: Gates 14 shares to &o

2 Shares to mr Edmond Hackett.
1 Share to Sr Edward Lawley.
5 Shares to Sr Walter Earle. 14
1 Share to Edward Clarke.
5 Shares to Christo: Earle.

Mr Deputy signified that one mr Roynes ∥Poynes∥, and mr Bartley desyred to have 2 seuerall Pattentℯ for land each of them wth their Associates purposinge to transport Collonies into Virginia, thervnto, wch the Courte very well liked of.

2 seuerall Pattentℯ allowed to mr Poynes & mr Bartley

The Preparatiue Courte 15o: Maij 1620

Present.
The Lord of Southampton.
The Right honorable The Lord Sheffeld.
The Lord Pagett.
mr Thr̃er. mr Stewarde. mr Casewell.
Sr Thomas Roe. mr Ia: Swifte. mr Swinhowe.
Sr Nicho: Tufton. Capt: Brewster. mr Robert Smith.
Sr Ferdina: Gorge. Capt: Bargraue. mr Henry Brigs.
Sr Iohn Dauers. Capt Warde. mr Delbrige.
Sr Henry Rainsforde. mr Bromfeilde. mr Woodall.
Sr Tho: Wroth. mr Palavicin. mr George Smith.
Sr Nath: Rich. mr Cranmer. mr Wheatley.
mr Deputie. mr Bamforde. mr Bull.
mr Tho Gibbes. mr Berblock. mr Couell.
mr Sam: Wrote. mr Holloway. mr Spruson.
mr Herberte.

Mr Caswell signified that by some of the Adventurers of the Maga- zine who mett lately att Sr Thomas Smithℯ ordered was given that bills should be sett vppon the exchange for sale of the Tobacco and Sassafras, Whervppõ att the times as was there exprest for the sale of itt, Sundry Adventurers mett att Sr Tho: Smithℯ and divers straungers, and the Tobacco beinge devided into 3 sortes and putt to sale by the Candle wch was adiudged as followeth the best sort of new Tobacco att ijs—10d to William Canninge [103] and the 2 worser sortes beinge olde Tobacco to mr Alderman Iohnson who bid 2 the pound for the one and 12d the pound for the other therfore hee was to certefie this Courte from him that if any pleased to give a ob̴: more in ali: they should have itt, whervppon grew a disputac̃on of the base

Bills to be sett vppon ye Ex- change for sale of Tobacco and Sassafras.

Tobacco deuided into 3 sortes ye new to mr Caninge & ye olde to mr Alder: Iohnson.

price itt was sould for, holdinge itt more convenyent to have itt burnt then so to passe wch by Computacon all charges beinge borne yeilded not aboue iiijd the pound, notwithstandinge att length itt was agreed that the olde Tobacco sould to mr Alderman att the prices aforesaid in regard itt was old and defective should stand, and that the new should be putt into the hands of some trustie man to sell itt to ye vttmoste benefitt of the Adventurers, and they to be allowed some reasonable recompence for their paines, wch beinge putt to the ques- tion for approbac̃on was ratified by erecc̃on of hands.

The new Tobacco to be put into ye handℯ of some trusty man.

Wheras this day was apoynted by order of Court for hearinge ye cause between Capt Argoll & Capt: Bruster, the said Capt Bruster made his appearance and desyred to be heard, butt forasmuch as Capt Argoll was absent, and in his behalfe was alleaged that hee desyred to be excused in somuch that hee was appoynted to attend the Spanish Ambassador, the Courte vppon the request of the said Capt Bruster deferred itt till ffryday afternoone next requyring the Secretary once more to give him notice therof.

The hearinge of Captaine Brusters cause deferred.

And forasmuch as by a standinge Law of the Compa: itt is ordered that when the Thr̃er shall please hee may appoynt any Quarter Courte to hold both forenoone and afternoone, hee therfore signified, that forasmuch allso much buisines is to be p̱formed before the Election of Officers that they would meet the forenoone for the readinge and con- firminge of Land and dispatch of such like buisines, that the after- noone might be solely sett a parte for Elecc̃on of Officers and other more weightie buisines.

The Compa: to meete in ye ffore- noone.

Touchinge the pointe of mitigac̃on of Imposic̃on itt was thought good by reason againe of mr Aldermans absence that itt be revyved att the Quarter Courte vppon Wednesday.

ye mitigac̃on of imposic̃on to be reuiued at ye Q: Courte.

The Comittee appoynted for to consider of certaine Land & Teñtℯ wch the Courte thought fitt to be graunted vnto mr Iohn Porey and therby to anihilate the intollerable ffees graunted him by the Gouernor and Counsell of Estate there and sent hither for rateficac̃on reported now that haveinge taken the same into considerac̃on they hould itt requi- site that for the present hee have 500 Acres of Land allotted for him and his Successors and 20 men to be planted thervppon to be trans- ported att the Companies charge §Ten§ to be [104] sent this yeare and 10 next year wch hearafter may be enlarged as the Company shall see cause, wch beinge putt to the approbac̃on of the Courte was allowed and confirmed by generall consent.

The Comittees re- porte touchinge mr Porey.

ffor the Comittee chosen for the Acts of the generall Assembly mr Thr̃er signified that they had taken extraordinary paines therin, butt forasmuch as they were exceedinge intrycate and full of labour hee in their behalfe desyred the Courte to dispence wth them till the Quart: Courte in Midsomer Tearme wch will be aboute six weeks hence which the Courte wth many thanks vnto the Comittees for their great paines willinglie assented to itt.

The Comittees for ye Actℯ of ye gen- erall Assembly dispensed wth till ye Qua: Courte in Midsomer tearm̃

Therwas now divers and sundry shares presented to be passed approued by the Auditors one bill of Adventure of 10 shares from my Lord of Dorsett, to Henry Manneringe six shares to six seuerall p̱sons by Capt Iohn Bargraue, one to Sr Iohn Thornburough, one to Iohn Collett gent: one to Tho Collett gent, one to Thomas Mas- terson gent, one to Captaine Lawrence Maisterson, and one to Augus- tine Lynsell Batchellor in Diuinity Tho: Mellinge one Share to Iohn Cuffe, George Peirsey 4 shares to Xo: Martin, and lastly Tho Harris to Tho: Combe wch the Court ratefied and Confirmed.

Diuers shares passed

Wheras the last Courte made choyce of mr Sam Wrote to ioyne wth mr Berblock to prosecute law against mr Wye mr of the Garland they now acquainted them of the Custome of the Admiralty, that every one was to give securitie to that Courte for defrayinge the charges of the sute if in case they were ouer throwne, Whervppon itt was agreed yt the Compa: should give their seale to subiect themselvs to that Authoritie, and ther was a Proxi sealed to the Procter mr Milbury.

The Compa: to giue their seale for pay- inge there Cost in ye Admiralty.

III. Writing of the First Copyist (not identified) with John Ferrar's Notes

A Record of the Summer Islands' Courts, from the Ferrar Papers

A Quarter Courte held for Virginia at mR Ferrars in Stt Sithes Lane the 17th OF May 1620

Present ye Right Honorable
The Earle of Southampton. The Lo: Cauendish.
The Earle of Warwicke. The Lo: Sheffeilde.
The Earle of Deuonsheire. The Lo: Pagett.
The Lord Viscont Doncaster. The Lo: Houghton. [105]
Sr Nicholas Tufton Knight. Sr Wm Maynard knt.
Sr Edwin Sandis knt Thr̃er. Sr Thomas Roe knt.
Sr Frauncis Leigh knt. Sr Iohn Merrick knt.
Sr Iohn Sammes knt. Sr Robert Mansell knt.
Sr Robert Killigrew knt. Sr Tho: Grantham knt.
Sr Io: Dauers knt. Sr Henry Rainsford knt.
Sr Tho: Cheeke knt. Sr Dudley Diggℯ knt.
Sr William Fleetwood knt. Sr Tho: Willforde knt.
Sr Henry Croftℯ knt. Sr Frauncis Egioke knt
Sr Wm Herrick knt. Sr Thomas Wroth knt.
Sr Walter Earle knt. Sr Lawrence Hide knt.
Sr Iohn Wolstenholme knt. Sr Natha: Rich knt.
Sr Iohn Byngley knt. Sr Frauncis Kennaston knt.
Sr Edward Lawley knt. Sr Wm Russell knt.
Sr Tho: Tracy knt. Sr Tho: Button knt.
mr Iohn Ferrar Deputy. Thomas Gibbℯ esqr. Nicholas Hide esqr.
Iohn Wroth esqr. Christo: Brook esqr. Christopher Earle esqr.
Edward Clarke esqr. mr Dor Gulston. mr Dr Winstone.
mr Dr Anthony. Iohn Bargraue esqr. Samuel Wrote esqr.
Edward Herbert esqr. George Sandys esqr. Henry Reighnoldℯ esqr.
mr Arthur Bromfeilde. mr Percey. mr Chambers.
mr Edward Gibℯ. mr Richard Rogers. mr Barron.
mr Thomas Gibℯ. mr Tho Keightley. mr Turner.
mr Iohn Smith. mr Tho: Sheppard. mr Goodyear.
mr Iohn Porter. mr Henry Brigs. mr Widdowes.
mr Richard Tomlynℯ. mr Iames Berblock. mr Kinge.
mr 1

A blank space in the manuscript.

Barkeley.
mr Wm: Cranmer. mr Shipton.
Iohn Holloway. mr Nicho: Ferrar. mr Bland.
Capt Laurence Maisterson. mr Robert Smith. mr Bull.
Capt Samuell Argoll. mr Wm: Caninge. mr Cletherow.
Capt Edward Bruster. mr Nicho: Leate. mr Morrice.
Capt Daniell Tucker. mr Humphrey Handford. mr Price.
Capt Warde. mr Robert Bell. mr Stiles.
mr Barkham. mr Humfrey Slaney. mr Mellinge.
mr Thomas Maisterson. mr Wm Leueson. mr Meuerell.
mr Iohn Collet. mr Caswell. mr Bolston.
mr Edward Pallauicin. mr George Smith. mr Paulston.
mr Augustin Linsell. mr Edwards. mr Swinhow.
mr George Ruggle. mr Whitley. mr Bagwell.
mr Thomas Wellℯ. mr George Scott. mr Robertℯ.
mr Swifte. mr Edmond Scott. mr Woodall.
mr Madison. mr Chamberlyn. mr Cuffe.
mr Palmer. mr Abdy. mr Collett.
mr Barbor. mr Dike. mr Buckredge.
mr ffishborne. mr Bateman. mr Darnelly.
mr Couell. mr Morrer. mr Ditchfeild.
mr Felgate. mr Leuer. mr Sywarde.
mr Combes. mr Wiseman. mr Hackett.
mr Iadwin. mr Nicholℯ.
mr Martin.
mr Sparrow.
mr Peter Arundell
& many others.

This day beinge ordayned to be a great and generall Quarter Courte [106] By his Mats gratious ɫres Pattents for this Company and being summoned by mr Thr̃er to meete both forenoone and afternoone accordinge to the authoritie given him by the standinge order of Courte and accordingly meeting ther were presented, five Pattents or payrs of Indentures for Land one payr to the Societie of Smiths hundred, wch att a meeting amongst themselvs (in regard Sr Thomas Smith had assented to parte wth his interest therin so hee might have the monny hee had disbursed in that Acc̃on) they altered the name and agreed that from thence forth itt should be called and tituled

1

Diuers Patents read confirmed & ordered to be sealed.

2

3

4

5

The ffifte to Iohn Barkley esquire and his Associates, All which Pattents and Indentures beinge read were well approved of and beinge putt to the question receaved a generall confirmac̃on agree- ing that in the afternoone the legall Seale for the Company should be vnto them all affixed.

Vppon the moc̃on of mr Thr̃er who signified the forwardnes of sundry greate Lords to be assistinge in this buisines in regard of the worthy- ness of the Acc̃on the Courte hath willingly made choyce of them to be of his Mats: Councell for Virginia, namely the Right Honoble͠: ye Earle the Earle of Arundell the Earle of Deuonsheire, and the Lord Dauers.

Sundry Lordℯ made of ye Coun- cell.

Three or fower Proposic̃ons to be enacted for orders beinge presented to be considered of by mr Berblock and beinge red the Courte held them worthy of deliberac̃on, and to that end appoynted a Comittee, vizd: Sr Iohn Dauers, mr Iohn Wroth, mr Gibbes, and the said mr Berblocke.

3 or 4 Proposic̃ons to be enacted for orders referrd.

Two Petic̃ons beinge red one exhibited by Wm Webb Husband thother by Frauncis Carter both desyringe gratefycac̃on for their extraordinary paines they were both referred to the generall Comittee & Auditors who best can iudge of their deservinges.

mr Webb, & mr Carterℯ Petic̃ons referd to ye Audi- tors.

Williã Barret gent assigned to Sr Henry Croftℯ 1 Share of Land

mr Barret assigned 1 share to Sr Henry Croftℯ.

Allso mr Abraham Cartwright surrendred one Share to mr Challoner wch two shares beinge allowed by the Auditors was confirmed by the Courte.

mr Abra: Cart- wright 1 share to mr Challoner.

Vppon request of some of the generallytie itt was ordered that frome hence forth before the Company proceed to the choyce of their Offi- cers the Chapter or title of elecc̃on shall allwaies be red before. [107]

The title of elecc̃on to be red before ye choice of Officers.

POST PRANDIŨ

In the begininge of this Afternoone Courte, mr Thr̃er acquainted them of one Sr Frauncis Nethersole who is shortly to goe into Bohemia, and because hee was not of the Compa: hee desyred libertie for him to sett amongst them this day to vnderstand their proceedings Wch hee doubted not hee would reporte of elsewhere to the best Wch the Courte willinglie assented to.

Sr Frauncis Neth- ersole to sett in Courte.

Imeadiately after and before they proceeded in any buisines one mr Kerkham agent sent from the King presented himselfe to the boord and signified to the Courte that his Matie: vnderstandinge of the Elecc̃on of their Treasur̃or wch they intended this day to make choyce of, out of an especiall care & respect hee hath to that Plantac̃on hath required him to nominate vnto them ffower outt of wch his pleasure is the Company should make choyce of one to be their Treasurer, That was, Sr Thomas Smith, Sr Thomas Roe, Mr Alderman Iohnson, and Mr Maurice Abbott, and noe other.

A message from ye Kinge touchinge ye eleccon of the Thr̃er.

After wch message delivered the Assembly beinge greater by much then was in the fforenoone, mr Thr̃ear was pleased to signifie what buisines they had done before dinner, and thervppon rehearsed as itt is before exprest Wch beinge now putt to the Question receaved gen- erall approbac̃on.

The buisines done in the forenoone rehearsed and ap- proued of.

The Courte moreover vppon the moc̃on & relac̃on by mr Tr̃er of ye great redines of Sr Wm Cockaine Lord Maior of this Cittie, and of the Lord Bish: of London to give the Compa: their best assistance in ad- vanceinge this Action made them free of ye Compa: and elected them allso to be of his Maties Counsell for Virginia.

Sr Wm Cockaine & ye Lo: Bishop of London mad free & of ye Counsell.

Then proceedinge to the Accoustomable manner the Courts were red, after wch mr Thr̃er signified to the Courte the Companies former resoluc̃on for entertaynment of 2 new Officers by the name of 2 Depu- ties to governe 2 p̱ts of the publique Land in Virginia, one was mr George Thorpe well knowne to the Company for his sufficiencie who is all redie gone and have deputed him to governe the Colledge Land Wth graunt of 300 Acres to be p̱petually belonginge to that place and 10 Tenñtℯ to be placed vppon the Land, The other of the same worth now present called mr Thomas Nuce, touchinge whome itt was agreed that hee should take charge of the Companies Land and Teñntℯ in Virginia whatsoever and for his entertaynmt have ordered that hee and such as shall succeed him shall in that place have 1200 Acres of Land sett out belonginge to that Office, 600 att Kiquotan, now called Elizabeth Cittie 400 Acres att Charles Cittie, 100: att Henrico, att 100: att Iames Cittie, And for the menaginge of this Land, have further agreed that hee shall have 40: Teñntℯ to be placed thervppon, whereof 20 to be sent presentlie and the other 20: in the 2 Springs ensuinge all wch beinge now putt to the question receaved a generall approbac̃on of this Quarter Courte who gave allso to mr Nuce 150li towards ye furnishinge of himselfe out for that place. [108]

The allowance of ye two Deputies sent to gouerne 2 partℯ of ye pub- lique Land.

mr George Thorpe

mr Tho: Nuce.

And itt is allso agreed vppon the request of mr Nuce, wheras sundry gentlemen for his sake may Adventure their monny in this Acc̃on that such monney so adventured shalbe wholly imployed to the better peopoling of that Land wch hee hath thus graunted to him.

Mr Nuce his re- quest.

Itt was agreed and Confirmed att this Courte that mr Porey the Sec- retary and his successors in that place should have 500 Acres of Land belonginge to that Office, and 20 Tennantℯ to be planted ther vppon, wherof Tenn to be sent this year and tenn the next yeare and the Secretary there from hence forward should receave no ffees for him- selfe, and the ffees to be paid his Clarkes for writinge & other charges to be rated here by the Courte.

The Allowance for mr Porey the Secr̃a:

These buisines beinge thus ordered mr Thr̃er accordinge to the stand- ing Lawes of the Company before the giveinge vpp of his place pro- ceeded to declare vnto this Courte the State of the Colony together wth ye Supplies of this yeare, and the present State of the Treasury,

mr Thr̃ers relac̃on of ye State of ye Collony & of ye supplies sent this yeare

how both hee found itt and now should leave itt; ffirst therfore hee declared that it appeared by a ɫre written from the generall Colony and directed to this Company that att ye latter arivall of the Ship called the Georg in Virginia wch was in Aprill 1618 the number of men weomen and Children was about 400: amongst wch 200 was the moste that were able to sett hand to husbandry and butt one Plough was goinge in all the Country wch was the fruite of full 12 years labour and aboue one hundred thousand marks expences, disbursed out of the publique Treasurie ouer and aboue of the some of betweene 8 and 9000li Debt into wch the Company was brought, and besides the great expences of p̱ticularr Adventurers.

The Collony beinge thus weake and the Treasury §vtterly§ exhaust, Itt pleased divers Lords Knights, gentlemen and Cittizens (greived to see this great Action fall to nothinge) to take the matter a new in hand and at their pryvate charges (ioyninge themselvs into Societies) to sett vpp divers p̱ticularr Plantac̃ons wherof the first of any moment now called Southampton Hundred hath had 310 Persons sent vnto itt, the next called Martinℯ Hundred aboue 200 p̱sons and some others in like sorte so that att the cominge away of Captaine Argoll att Easter i6i9 ther were Persons in the Colony neere—1000:.

Butt as the Pryvate Plantac̃on began this to encrease so contrary wise the estate of the Publique for the settinge vp wherof about 75000li had been spent grew into vtter confusion ∥consumption∥. ffor wheras the Deputy Gouernor att his Arivall to that place wch was in or aboute may i6i7 hath left and delivered to him by his Predisessor a porc̃on of publique Land called the Companies Garden which yeilded to them in one year about 300li profitt, Servantℯ : 54 imployed in the same Garden and in Saltworks sett vpp for the service of the Collony, Tennantℯ 81 yeilded a yearly rent of Corne & [109] services, wch Rent Corne together wth the Tribute Corne from the Barbarians amounted to aboue 1200 of our bushells by the yeare, Kine 80: Goatℯ 88:—Aboute 2 years after vizd Easter 1619 att the Cominge away of the said Deputy: Gouernor this wholl State of the publique was gone and Consumed ther beinge not lefte att that time to the Company either the land aforesaid or Any Tennant, Servant, Rent, or Trybute Corne Cowe, or Saltworke and butt six Goates onely wthoutt one penny yeilded to the Company for their so great losse in way of Accompt or restituc̃on to this very day.

This is allso further to be knowne that wheras about 2: or 3: years before ther had been sent home to the Company within Compass of 14 monneths eleven seuerall Comodities, they were by this time all reduced to two namely Tobacco and Sassafras, and the plantinge & providinge of Corne soe vtterly neglected that the dearth grew exces- sive, had not the same beene §spedilie§ releived from hence with 200 quarters of meale sent thither att one time by the Magazine, and this was the State of the Colony in Virginia in Easter Tearme 1619, att wch time hee was chosen to their service in this place.

What in this year hath beene p̱formed by the Company for the Advancement of the Plantac̃on least hee might faile in memorie and reporte of the severall numbers hee hath reduced into writinge wch hee then p̢sented and read to the Courte the Tenor wherof here ensueth. 1

The greater part of this report was printed. See List of Records, nos. 92, 183, pages 131 and 141, ante.

A note of the Shippinge Men and Prouisions sent to Virginia by the Treasuror and ye Company Anno 1619

The Bona Noua of —200· Tunn sent in August i6i9 wth —120: Persons
The Dutie of —070· Tunn sent in January i6i9 wth —051 p̱sons
The Ionathan of —350· Tunn sent in ffebruary i6i9 wth—200 p̱sonns
The Tryall of —200· Tunn sent in ffebruary i6i9 wth—040 p̱sons & 60 Kine
The ffaulcon of —150· Tunn sent in ffebruary i6i9 wth—036 p̱sons 52 Kine & 4 mares
The Marchant of London—300· Tunn sent in March 1619 wth —200 p̱sons
The Swan of Barnstable —100· Tunn in March—1619 wth —071 p̱sonns
The Bona Venture of —240· Tunn sent in Aprill 1620 wth —153 p̱sonns
Besides these s̴sett outt by the Treasuror and Company ther hath beene sett outt by particularr Adventurers for pryvate Plantac̃ons.

Ships

The Garland of 250—Tunn sent in Ivne 1619 wth 45 Personns who are yett deteyned in the Summer Islands. [110] A Ship of Bristoll of 80 Tunn sent in Septembr 1619 wth—45 Personns Therare allso two Ships in providinge to be shortlie gone for about 300 Personns more to be sent by pryvate Adventurers to Virginia —300 Personns

Sume of the Persons 1261

Wherof in eight Ships sett out by the

Thr̃er and Company 871

Of these there are sent for Publique and other Pious uses these ensuinge.

People

Tenants for the Gouernors Land (&besides 50 sent ye former Spring) 080
Tenants for the Companies Land 130
Tenants for the Colledge Land 100
Tenants for the Mynisters Gleab Land 050
Young Maydens to make wives for soe many of ye form9 Tennantℯ 090
Boyes to make Apprentises for those Tenantℯ 100
Servants for the Publique 050
Men sent by their labors to beare vp the Charge of bringinge vpp thirty of the Infidles Children in true religion and Civilitie 050
Sum of ye Persons for Publique Vse is 650:
The 6ii remayninge are sentt for pryvate Plantac̃ons

The Comodities wch these people are dyrected principally to apply (next their owne necessary mayntenance) are these ensuinge

Comodities

Iron for wch are sent 150 p̱sons to sett vpp three Iron workℯ proofe haveinge beene made of the extraordinary goodnes of that Ironn.

Cordage for wch besides Hemp and fflax direcc̃ons is given for Plant- inge of Silkegrass naturally growinge in those parts in great aboun- dance wch is approved to make the best Cordage and Lyne in the world of this every houshold is bound to sett 100 Plants and the Gouernor himselfe to sett 5000.

Pitch and Tarr: Pott Ashes, and Sope Ashes, for the makinge wherof the Polackers 1

This word is written over the word "Polanders."

are returned to their workℯ.

Timber of all sorts wth Masts Plankes, and Bordℯ for p̳vision of Ship- pinge and ther beinge not so good Timber for all vses in any one knowne Country whatsoever and for the ease and encrease of Divers of those workℯ, provision is sent of men and materiallℯ, for the set- tinge vpp of Sundry Sawinge Mills.

Silke for wch that Country is exceedinge prop̱ haveinge innumerable store of Mulberie Trees of the best, and some Silkwormes naturally found vppon them p̳duceinge excellent Silke some wherof is to be seene.

ffor the settinge vpp of wch Comoditie his Matie hath beene gratiouslie pleased now the second time (the former haveinge miscarryed to bestowe vppon the Company plenty of Silkewormes seed of his owne store being the best. [111]

Vines wherof the Country yeildeth naturally greate store of sundry sorts wch by Culture wilbe brought to excellent p̱fecc̃on for the effect- inge wherof divers skillfull Vigneronℯ are sent, wth store allso from hence of Vine plantℯ of ye best Sorte.

Salte wch worke haveinge lately been sufered to decay are now ordered to be sett vpp in soe greate plenty as not only to serve the Collony for ye present but itt is hoped in short time allso the great fishinge on those Coastes.

ffor the followinge workinge and p̱fectinge of these Comodities all p̳visions necessary for the present are sent in good aboundance, As likewise the People that goe are plentifully furnished, wth Apparrell, Beddinge Victuall for 6 moneths, Implements both for house and labour, Armour Powder and many necessary provisions, provision allso is made for those of the Collony wch were there before, yett wth- out any p̢iudice to the fformer Magazine.

Ther haue been giuen to ye Colony this yeare by Deuoute Persons these guiftes ensuinge.

Two Persons vnknowne have given faire Plate & other rich Ornamts for two Communion Tables, wherof one for the Colledge, and the other for the Church of Mrs Mary Robinsonℯ foundinge, who in the fformer year by her will gave two hundred pounds towards the foundinge a Church in Virginia.

Guiftℯ

Another vnknowne p̱son (together wth a goodly letter) hath latly sent to the Thr̃er 550li: in gold for the bringinge vpp of Children of the Infidles first in ye knowledge of God & true religion, & next in ffitt Trades wherby honestly to live.

Mr Nicholas Ferrar deceased hath by his will given 300li: to the Colledge in Virginia to be paid when ther shalbe tenn of the Infidles Children placed in itt, and in the meane time fower and Twentie pound by year to be distributed vnto three discreet and godlie men in the Colony wch shall honestly bringe vpp three of the Infidles Children in Christian Religion and some good course to live by.

An Vnknowne Person sent to the Thr̃er the sume of Tenn pound for advanceinge the Plantac̃on.

Ther haue been Pattentℯ graunted this yeare for Perticular Plan- tac̃ons.

1 To mr Wincopp
2 To mr Heath Recorder of London
3 To Doctor Bohunn
4 To mr Delbridge Who have vndertaken to Transporte to Vir- ginia great multitudes of People wth store of Cattle.
5 To mr Tracie
6 To mr Peirce
7 To mr Poynte
8 To mr Barkley
9 To Southampton Hundred
10 To Captaine Bargraue
11 To Captaine Warde [112]

Pattentℯ

After wch writinge beinge read mr Ther̃er p̳ceeded to declare vnto the Courte the State of his Accompt, aswell for the Companies generall Cash as for the Cash of the Colledge, and first hee sayth hee hath receaved no warrant for disbursment of their monney butt such as hee knew to be iust and necessarie that in the booke of Accompt wch hee exhibited to the Courte Audited and approved by 5: of the 7 Auditors, and the other two beinge away hee hath sett downe distinctly the p̱ticularr reasons as well of his severall receipts as of his Severall Disbursmts the breife wherof ensueth.

Mr Threrℯ decla- rac̃on of ye State of his Accompt & of ye Cash.

Recipts for the generall Cash.

li s d
Remayninge of the last year 0111: 12 02
Old Debts & duties recovered 1442: 04 01
Bills of Adventure 0037: 10 00
Lottery monney 7000: 00 00
ffor Passengers & ffraight wch some Cattle sould 0809: 08 08
Monney Lent repayde 20: 00 00
Of the Citty for a hundred Children sent to Virginia 400: 00 00
Monny given 0010: 00 00
Sumis 9830: 14: 11
Disbursmentℯ out of the Generall Cash Old Debts and Duties discharged 3707· 17: 02
Settinge out Ship men and Provision 6598: 00: 06
Officers wages 0112· 10: 00
Petty charges layd out by the Officers 0013: 06: 11
Sumis 10431: 14: 07
Receipts for ye Colledge 2043 2043: 02: 11½
Disbursmentℯ for the Colledge 1477: 15: 05

Mr Thr̃er allso declared that for any buisines done in his yeare hee had not lefte the Compa: to his knowledge one penny in Debt except- inge p̱happs the remayne of some charges att Plymoth wherof the Accompt was not yett com in and exceptinge that wch should grow due vppon the fraight of Ships accordinge to the Contractℯ made wth them by the Courte, and lastly that hee had lefte in Stocke for the vse of the Lotteries twelve hundred pound more then was lefte the former yeare.

The Compa lefte not one penny in debt.

1200li in Stock for ye Lotteriℯ more then ye former yeare.

Hee p̳ceeded then to declare yt divers great Somes haveinge by warr̃nt been paid out by him to mr Deputy to be disbursed by him and the Comittees for furnishinge men and p̳visions to Virginia, ther was by mr Deputy exhibited to ye Courte an exact Accompt of his doinge expressed in three bookℯ, wherof the first was an Accompt of the p̱ticulars of all the mony by him disbursed wch had beene examyned and approved as well by the Comittees as by the Auditors as appeared vnder their hands. [113]

Mr Deputies Ac- compts exhibited in 3 books.

The first Accompt of ye p̱ticulars of all ye monny by him disbursed.

The Second was a booke conteyninge a Cattalogue of Invoyces of all ye provisions sent this yeare to Virginia sett downe in exact manner after the vse of Marchaunts.

The Second a Cat- talogue of In- voyces.

The third booke conteyneth a Cattalogue of the names of all the p̱sons sent this yeare att the publique charge to Virginia together with their seuerall Countries Trades and Ages, hee could not butt very greatlie com̃end mr Deputy for his fidelitie care and Industry who neglectinge his pryvate buisines had employed his whole time together wth the great help and assistance of his brethren, in p̱forminge so well his charge full of incredible trouble.

The 3e: Contayned a Cattalogue of ye names of ye Per- sons sent to Vir- ginia at ye pub- lique charge

Lastly hee concluded wth his respective thanks, first to the Compa in generall for their love in chosinge him, and then p̱ticularly to the Lords for their so frequent presence to the graceinge of the Courte, and great assistance in the buisines; To the Officers for their fayth- full ioyninge wth him in the supportinge of his burthen, and againe to the Courte in generall for their patience in bearringe wth his vnwillinge errors & other naturall infirmities, so deliveringe vpp his Office togeather wth the Sealls hee desyred the Courte to p̳ceed in Elecc̃on of their Thr̃er, accordinge to the message lately receaved from his Maty: and thervppon wthdrew himselfe out of Courte.

Lastly his respec- tiue thanks to the Company &e.

Vppon wth this great and generall Courte found themselvs vppon a deliberate considerac̃on of the matter att an exceedinge pinch for if they should not doe as the Kinge had commaunded they might incurre suspic̃on of defect in poynte of duety from wch they protested they were and would be free, one the other side if they should proceed accordinge to the lymittℯ of that message they suffered a greate breach into their Prevyledge of free Elecc̃on graunted to them by his Mats: letters Pattents, wch they held fitt rather to lay downe wth all dutie and submission att his Maties: ffeet then to be depryved of their pryve- ledge, and thervppon p̱vsinge the said ɫres Pattentℯ after longe arguinge and debatinge, itt was concluded by generall erecc̃on of hands, that the elecc̃on might and should be Adiourned to the next Quarter Courte notwithstanding any order made by the Company to the contrarie.

The Fleccon of Thr̃er adiorned

Whervppon forasmuch as itt manyfestly appeared that his Matie: hadd beene much misinformed of the menaginge of their buisines this last yeare, Itt was agreed accordinge to the opynion aforesaide that the day of Eleccon should be putt of till the next great generall Courte some six weeks hence in Midsomer Tearme, and till they vnderstood the Kingℯ farther pleasure, And in the intrym they humbly entreated the Right Honorable ye Lord of Southampton, Vyscount Doncaster, The Lord Cauendish, ye Lord Sheffield, Sr Iohn Dauers Sr Nicholas Tufton, Sr Lawrence Hide, mr Xo: Brook mr Gibbes mr Herbert, mr Keightley, and mr Cranmer to meet vppon ffryday morninge att Southampton house to determine of an humble answere vnto his Mats: message and to deliver to him a true informac̃on aswell of the former as of this [114] latter years gouerment of the buisines for Virginia beseechinge allso that his Matie: would be pleased not to take from them the Pryveledge of their ɫres Pattents butt that itt might be in their owne choyce to have free elecc̃on.

A Comittee to draw an humble answer to his Matie:

Vppon wch till his Mats: pleasure were knowne Sr Edwin Sandys after much and ernest refusall, att length vppon ernest request of ye whole Courte hee yeilded to sett down in his former place yett forbearinge to receave the Seales againe or to putt any thinge to Question and all other Officers were likewise continued till the same time.

Sr Edwin Sandys to holde his place till his Mats pleasure was knowne and all other Officers continued.

Itt was agreed beinge putt to the question yt by reason of this Occasion that notwithstandinge any order the buisines concluded of after six of the Clock should this day be of force.

ye buisines Con- cluded after 6: to be of force.

Itt was agreed yt the buisines betweene Capt Argoll and Capt Bruster should be deferred till Twesday att 2: of the clocke and then per- emptorily heard wthout further delay.

Capt Argoll & Capt Brusterℯ buisines deferrd.

Sr Edwin Sandys made 2 requests one that wheras att returne of the Certificate from the Ships ther wilbe due to pay 2150li: for which himselfe and mr Deputy are engaged that for their securyty such Lottery monny as hearafter commeth in may be paid vnto them to yt Sume wch beinge putt to the Question was ratefyed.

Sr Edw: Sandyℯ. 2 requestℯ.

ye one for 2150li hee & mr Dep̃: stands ingaged for.

The other that for the quietness of his mynde and rest of his body hee might have libertie after the Tearme to retire himselfe into the Country vnto wch ye Compa: promised to give answer att the next Courte.

ye other yt hee might retire into ye Country.

Vppon the moc̃on of mr Samuell Wrote that such monney as is layd out by him & mr Berblock in the p̳secuting law against Wye, mr Thr̃er might pay the same by warrant to them the Court held itt very reasonable that if they vndertooke to follow itt att their request they should beare their charges therfore itt was generally agreed to as allso vppon their requeste now made vnto the Courte, The Company were willinge & assented, that if the said mr Wrote, and mr Berblock did enter into bond in the Admiralty Courte, accordinge to the Cus- tome therof, the Compa: should give vnto the said mr Wrote and mr Bearblock vnder their Common seale authoritie to prosecute the sute and sufficient assurance to save 1

"Save" is written over the word "have."

them harmless. [115]

Mr Wrotes moc̃on for layinge out of monny in prose- cutinge Lawe againste Wye.

An extraordinary Courte helde for Virginia ye 23th of May 1620

Present The Right Honoble͠:
The Earle of Southampton. Sr Eduard Sackvile.
The Lord Cauendish. Sr Edwin Sandys.
The Lord Sheffeild. Sr Nicholas Tufton.
The Lord Pagett. Sr Henry Rainsforde.
Sr Thomas Wroth.
Sr Walter Earle.
Sr Fraunces Lee.
Sr Iohn Wolstenholme.
mr Deputy. mr George Sandys. mr Swifte.
mr Gibbes. mr Sam : Wrote. mr Louell.
Dr Gulstone. mr Palavicine. mr Meuerall.
Dr Winstone. mr Robt Smith. mr Woodall.
Capt Maynwaringe. mr Gabriell Barbor. mr Bull.
Capt Argoll. mr Bearblocke. mr Sparrow.
Capt Tucker. mr Delbridge. mr Mellinge.
Capt Brewster. mr Casewell.

Mr Thr̃er desyred that before they p̳ceeded into other buisines hee might speake a few words for the Cleeringe and iustifyinge himselfe, ffor wheras itt is divvlged that hee should incense the Spanish Ambas- sador against Capt Argoll ∥Capt Argall∥ as allso against ∥the Lo:North and∥ Capt North his brother hee vowed and protested that hee never did see the Spanish Ambassador butt in the streets nor never sent or received any message to or from him neither ɫre or any other writ- inge, Whervppon in his his behalfe itt was said itt was impossible to be him, itt beinge sett afoote when hee was in the Country, butt that ther were so many of these Asp̱sions that this is no wonder, and that if they had their right they deserved to receave condigne punishment for rumoringe such falsities.

Mr Thr̃ers relac̃on of some Aspersions layd vppon him yt hee should incense ye Spanish Ambas- sador against Capt Argoll and Capt North.

This day beinge apoynted by order of Courte was spent in hearinge the Cause between Captaine Argoll, and Captaine Edward Brewster touch- inge his Condempnac̃on att a Marshallℯ Courte in Virginia, att such time as Captaine Argoll was there Deputy Gouernor: the p̳ceedinge wherin will appear by the sentence of the Courte wch att the request of Captaine Brewster was ordered to be sett downe in writinge and sealed wth the Seale of the Company.

Capt Argoll and Capt Brewster their Cause heard.

The sentence of the Courte touchinge Capt Brewsters Condempnation.

The Threasuror, Counsell, and Company of Aduenturers, & Planters of the Cittie of London for the ffirst Collony in Virginia, To all vnto whome these presents shall com to be seene or heard Greetinge, Wheras Captaine Edward Brewster hath heartofore exhibited aswell to the said Counsell, as allso to the said Thr̃er and Compa: assembled in their generall Courte, a Complainte in nature of an Appeale against Capt ∥Samuel∥ Argoll late Deputy Gouernor of Virginia and from a sentence of Death awarded against ∥the sd∥ Capt Brewster, by a Mar- shall Courte in Virginia called and assembled by the said Capt Argoll ye fifteenth day of the monneth of October 1618: wch sentence the said Capt Argoll in [116] his answere to the said Complainte may- teyned to be iust and good: ffor the hearinge and finall orderinge of wch cause in varience after [the] exaninac̃o and deposic̃ons had and taken att the Tryall of the said cause in Virginia, together wth the p̳ceedings and sentence of the said Marshall Courte by vertue of a Comission by vs graunted were returned from Virginia; And after divers daies of hearinge formerly sett downe, and adiourned from time to time vppon default of appearance of the said Capt Argoll; Itt was now lastly ordered in a great and generall Courte: Commonly called a Quarter Courte held the seaventeenth day of May 1620, that on the twesday ensuinge p̱emptorily and wthout more delay in a generall Courte to be summoned for yt purpose the said Cause should receave a full and finall hearinge and determinac̃on.

The sentence of ye Courte touchinge Capt Brewsterℯ Condempnac̃on:

At wch day beinge the three and twentieth day of the said monneth of May in a great Courte held by the Thr̃er and Company wheratt were present The Right Honobl͠, Henry Earle of Southampton, Wil- liam Lo: Cauendish Edmond Lord Sheffeild, William Lo: Pagett, Sr Edw: Sackveill knight Sr Frauncis Leigh knight of ye Bathe, Sr Nich- olas Tufton knight Sr Edwin Sandys knight, Sr Iohn Dauers knight Sr Henry Rainsford knight Sr Frauncis Egioke knight, Sr Tho: Wils- ford knight, Sr Tho: Wroth knight Sr Walter Earle knight, Sr Iohn Wolstenholme knight, Sr Henrie Maynwaringe knight, Sr Edward Lawley knight, Thomas Gibbes esqr George Sandys esquire, Samuell Wrote Esqr Mr Iohn Ferrar Deputy and a great nomber of the gener- allitie of the said Company: the said Capt Edward Brewster, and Capt: Samuell Argoll beinge p̱sonally present, after a full hearinge as well of the said Capt Brewster as of the said Capt Argoll wth their seuerall Declarac̃ons and allegations on both sides and after mature deliberac̃on, and weighinge of the wholl Cause, wth the Comissions Deposic̃ons and other writinge p̳duced Itt was by vs the said Thr̃er Counsell, and Company finally ordered and determyned as here ensueth.

Forasmuch as itt appeareth by his Maties: L̃res Pattents bearinge date the three and twentieth day of May in the Seaventh year of his Mats raigne of England Cr. That all proceedings in matter of Iustice to be vsed and exercised in Virginia are to be framed as neer as may be agreable to the Lawes, pollicie and forme of Gouerment of this Realme of England, and that the graunt of the vse of Martiall Law in Virginia is in the said L̃res Pattents expreslie restrayned to the cases only of Rebellion, and Mutenie in like sorte as his Mats Lieu- tenantℯ in the seuerall Counties of England have power by their Comissions to exercise the same, Which declarac̃on of his Mats royall pleasure touchinge the manner of Administrac̃on of Iustice in Vir- ginia was expreslie incerted in the Comissionn for the place of Gou- ernor graunted to the said Lo: Lawarr vnto wch Comission and the seuerall Clauses therin conteyned, the Comission for beinge Deputy Gouernor graunted to the said Captaine Argoll had manifest refer- rence: And Forasmuch allso as itt did no lesse playnlie appeare, and was generally acknowledged that att the time of the said Tryall in Virginia the Country people there had and enioyed an vniuersall peace and tranquillytie at home and abrode. [117]

And moreouer itt appeareth by the p̳ceedings and sentence of the said Martiall Law Courte authentically certified and returned to vs as allso of the examinac̃ons ther had and taken, that the said Martiall Courte p̳ceeded against the said Capt Edward Brewster vppon the two and thirtieth Article of their Martiall Law sett downe in these words vizd, no man shall offer any Violence, or contemptiously resist or disobey his Comaunder, or doe any Act or speake any wordes which may tend to the breedinge of any disorder, or Muteny in the Towne or Feilde, or disobey any principall Officers directions vppon paine of death And that the fault wherwith the said Capt Brewster was charged and wch was iustified against him by two wittnesses, namely Thomas Parsmore and Iohn Lampkin was words importinge matter of Disobedience and opposic̃on to the said Captaine Argoll not in his place of Gouerment butt in matter of pryvate varience aboute the Teñntℯ and servants of the said Lo: Lawarr then deceased wch beinge sett on worke by the said Captaine Argoll, the said Captaine Brewster (vppon allegac̃on that by order from the said Lo: Lawarr they were to be sett to worke and gouerned by him, would have withdrawne from the worke, whervnto they were sett by the said Captaine Argoll, and have placed elsewhere to gett Clothes for themselvs, and so to follow their worke for behoofe of the executors of the said Lord Lawarr and his fellow Adventurers wth some Collericke and threat- ninge speeches vsed against the said Thomas Parsmore for refusinge to go wth him, butt not against the said Captaine Argoll for ought that appeareth in the said examinac̃on; And lastly itt appeareth by the Certificate of the said p̳ceedings that some of the said Court houlding those Martiall Lawℯ to be verie strict and seueere made a moc̃on to sue and entreat the said Capt Argoll to save the said Cap- taine Brewsters life, where vnto all were verie willinge and the Mynisters then present ioyned wth them therein, And that after much entreatie & many allegac̃ons by the said Captaine Argoll, in the end they p̢vayled wth him so much that they p̳cured his life vppon some condic̃ons as appear in the said Captaine Brewsters Oath written wth his owne hand and sent thither wth the said Certificate, In wch Oath among other things expreslie conteyned that the said Capt Brewster should not directlie or indirectlie in England or else- where vtter anie Contemptuous wordes or doe any thinge that might turne to the dishonour or disparragment of the said Lord Lawarr or ye Plantac̃on or of the present Gouernor which was the said Capt Argoll.

And that the said Captaine Brewster should returne no more to Virginia by any direct or indirect meanes: All which Prouisoes beinge duely weighed and considered the said Courte in fine p̳ceeded to deliver their resoluc̃on: that the said p̳ceedingℯ against the said Captaine Edward Brewster were vniust and vnlawfull, and not war- rantable either in matter or forme by the Lawes of this Realme, or by any power or authoritie deryved from his Mtie: and that itt did not any way appeare to the said Courte that the said Capt Brewster either by the Deeds or words wherwth hee stood charged att the time of the said Tryall by the said Martiall Courte did any waie deserve the seueere penaltie of death, and that the manner [118] of the said tryall by Martiall Law, and in a Martiall Courte, beinge in time of soe generall peace and no rebellion or mutyney was to be held for vnlawfull and of no validitie and consequentlie the said Captaine Brewster was to be held as a legall man and not lawfully condempned the sentence of the said Martiall Court (from wch the said Captaine Brewster hath apealled) notwithstandinge; The substance of wch opinion and reso- luc̃on of the said Court beinge first seuerally delivered by the said Lords, Knightℯ, and others of the said Councell there present, was finally approved and ratefied by the said Generall Courte by a generall erecc̃on of hands no one dissentinge except mr Thomas Wroth.

And att the humble request of the said Captaine Brewster itt was ordered by the said Courte that this Acte of the said Court should be exemplyfied vnder their Legall Seale.

And wheras allso the said Captaine Argoll att such time as hee was Gouernor of Virginia writ a ɫer vnto Sr George Yeardley here in England, and wthall sent sundry Copies to his great infamy and dis- grace the said ɫre by approbac̃on of this Courte was sent back to the Councell of State resydent in Virginia to examine the trueth thereof, wch Sr George Yeardley answeringe the same beinge long since returned was now read.

Capt Argoll

Sr Henry Maynwaringe assigned 5 shares of Land vnto Sr Edward Sackuill knight wch the Court ratefied and confirmed.

Mr Anthony Orby by his bill assigned 2 shares to Sr Nicholas Tufton knight wch likewise was allowed by the Courte.

Two petic̃onℯ exhibited demaundinge monny of the Company wch they pretend due vnto them one Tenn years and the other six was referred to the Auditors to examine and reporte what they finde, vnto the Courte. [119]

2 petic̃onℯ de- maunding monny referd to the Au- ditors

A Courte held for Virginia the last of May 1620

Present.
Sr Edward Sackvill. mr George Sandys. mr Caninge.
Sr Edwin Sandys. mr Oxenbridge. mr Casewell.
Sr Baptist Hicks. mr Buckley. mr George Smith.
Sr Henry Rainsford. Capt Bargraue. mr Io: Smith.
Sr Tho: Wroth. Capt Brewster. mr Briggs.
Sr Io: Wolstenholme. Capt Warde. mr Bull.
mr Deputie. mr Reighnoldℯ. mr Foxton.
mr Gibbes. mr Bamforde. mr Arundle &
Dr Winstone. mr Sam Wrote. divers others.

Three Proiectℯ beinge p̳sented in writinge to mr Thr̃er it pleased him to deliu9 them vnto this Courte where beinge red the first from mr Wm Pallmer touching the orderinge of Tobacco, and of a very fitt man named mr Somerscallℯ; who is very skillfull in curinge that Plant wherby itt may be made more p̳fitable then itt is; Whervppon the Courte have entreated a Comittee to treate wth the said Sumerscales aboute itt, vizd. Sr Iohn Dauers, mr Deputy, mr Gibbes, mr Wrote, mr Palmer, mr Casswell, mr Georg Smith.

3 Proiectℯ pre- sented

ye: 1: from mr Palmer for a fitt man for planting Tobacco

The Second from mr Englebert touchinge an Engine devised by him for p̢servinge the Plantac̃on from force of Armes, was likewise referred to a Comittee that is to say Sr Edward Sackuill Sr Iohn Dauers, Sr Henry Rainsford, Sr Hen: Manwaring mr Io: Wroth, mr Tho Gibbℯ, mr Wrote, mr Brigges, and mr Berblocke.

ye: 2: from mr En- glebert

A Comittee.

The third by one mr Thomas More, for the makinge of Sope Ashes, pottashes secondly for the sowinge of fflax and the right orderinge of itt: Thirdly for the imploymt of Weavers, fourthlie for the sowinge of Hemp and the orderinge of itt, was allso referred to be considered of by mr Christopher Cletherow, mr Bland, mr Cranmer, mr Bull, mr Sheppard, mr Caswell, and mr Mellinge.

ye 3: by mr Tho: More.

A Comittee

A ɫre was now red directed to mr Thr̃er from Sr Tho: Smith Sr Iohn Wolstenholme, and mr Alderman Iohnson desyringe him to discharge ye ffraught of the George they standinge engaged for the Company by Charter partie to see itt discharged the Magazine haveinge paid the Company 200li ffor fraught of Passengers and goods.

A ɫre red from Sr Tho Smith Sr Io: Wolstenholm & mr Alderman Iohnson.

Butt forasmuch although the George was entertayned by the Com- pany yett shee was employd and dcteyned there by the Magazine and what benefitt shee there reaped th by Passengers ffraught ffishinge, and otherwise was putt into the hands of Albrahã Peirsey the Cape Marchant, for wch the Adventurers there must be answerable, And forasmuch allso as the Accompt therof cannot for many impedimentś be yett p̱fected and that both Treasuries are Empty of Cash, mr Ewens of necessitie must have a little patience to forbear itt a while longer. [120]

The sentence of the last Courte beinge drawne vp and engrosed of disanullinge of the Condempnation of Captaine Brewster by a Mar- tiallℯ Courte in Virginia summoned by Capt Samuell Argoll att such time as he was Deputy Gouernor there, and beinge now read att the place to this effect that the wholl Courte agreed Captaine Brewster to have been vniustly proceeded against both in forme and matter, and consequentlie remaynes still a legall man not one dissentinge, Sr Tho: Wroth onely tooke excepc̃on to these words (not one dissentinge) In somuch as hee now professed himselfe to be of a contrary opynion, and yt att that time hee held vpp his hand against yt, And that the reason therof was for that Capt Argoll alleadginge that hee had answered Captaine Brewster in Writinge, that writinge of Capt Argollℯ was nott read att the hearinge of the cause; Against wch Allegac̃ons of Sr Thomas Wroths the wholl Courte did generally oppose averringe that hee did not vphold ∥vp∥ his hand against the sentence seeinge if hee had so done itt must have been seen by some of the Courte wch itt was not, no not [one] of them wch on purpose did observe him And that when mr Thr̃er did openly pronounce that the wholl Court was agreeinge no one dissentinge itt had been then fitt time for him to have declared his dissentinge wch hee did not.

The sentence of ye last Courte for dis- anulling of Capt Brewsterℯ Con- dempnac̃on read.

Sr Tho: Wroth ex- cepc̃on

Sr Tho Wroths al- legacons opposed by ye wholl Courte

And for his allegac̃on touchinge Capt Argollℯ writinge itt was answered that the writings exhibited in this Cause by Capt Brewster and ∥by∥ Captaine Argoll were not exhibited to the Courte att all butt long since to the Counsell and by order of the Counsell were sent to Vir- ginia wth a Comission for returninge of their p̳ceedings in that case, by vertue wherof the wholl p̳cesse wth examinacons of wittnesses was returned. wch examinac̃ons were all read openly att the hearinge of the cause, and the former p̳ceedings of the Martiallℯ Courte might have been read if itt had beene desyred, butt because the tryall itt sellfe by a Martiallℯ Courte, was disaproved their manner of p̳ceed- ings was not regarded: And if the same had been read itt would have cleerly appeared that they p̳ceeded against Capt Brewster not by ver- tue of the Laws of England butt vppon the 32 Article of ye Martiall Laws of the Low Countries, by wch Disobedience to any principall Officer was made death: and the Disobedience of Capt Brewster was in Commaundinge the Lo: Lawarres men then vnder his charge from the works vnto wch they were sett by Captaine Argoll to the works for wch they were sent by the said Lo: Lawarre and his p̱tiners, Butt that the hearinge of this cause betwene Capt Brewster and Captaine Argoll was onely by word of mouth on both sides and not by writinge and that both p̱ties were heard att large and wth all indifferrencie; Notwithstandinge the Court was content so much to sattisfie Sr Tho Wroth that an excepc̃on of him should be incerted att that clause, and further vppon the said Capt Brewsters request have agreed that a Duplicate of the said sentence shalbe sent to Virginia to shew yt hee stands cleere. [121]

The Company gave their bond to mr Samuell Wrote and mr Iames Berblock to bear their charge and save them harmeless in the sute com̃enced by them againste mr Wye and Sealled itt with their legall Seale in the presence of the Courte.

A bond sealed to mr Wrote & mr Bearblock.

Mr Treasuror declared that att the last Quarter Court for the Sum̃er Ilandℯ betweene the time of giveinge vp of the Gouernors place and the new choyce of a Gouernor, makinge offere to present some matter to the considerac̃on of that Courte concerninge (as hee conceived) the great daunger of those Ilands, butt beinge then stopped by some of that Courte from the deliverie hee would reveale itt to this beinge a buisines wch maynly concerneth Virginia, for soe longe as the same Ilands shalbe in safftie itt is probable that none will attempt to surprize Virginia, butt now as the case standeth the Somer Ilandℯ is much frequented with men of Warr and Pirates, wth whome the Inhabit- ants there are growne in greate likinge, by reason of the Comodities they bringe vnto them, insomuch that by a letter from one of their Mynisters dyrected to Sr Thomas Smith and red in open Courte the robbinge of the Spanyards (as beinge lyms of Antechrist) is greatly comended: And ye Ship called the Treasurer after her robbinge of the Spanyard belonging to Captaine Argoll, is there entertayned and divers men of Warr sett out to the same end are there refreshed, one Kerbie allso a profest Pyrate as is reported doth haunt those Islands insomuch as if ther be not a strict Course taken herin itt wilbe made an other Argier. Therfore beinge a buisines of State and a matter of that consequence those Islands beinge the safftie of Virginia as aforesaid, his conscience tolde him that by their Oath they were bound to acquainte his Maties: Priuie Councell therwth to have their advise and direcc̃on therin Butt forasmuch as Sr Thomas Smith is Gouernor of yt Compa: itt was desyred yt hee might be acquainted therwith, to know if itt were his pleasure to make choyse of some other of the Somer Ilandℯ Societie to accompany them, Whervppõ mr Casewell and mr Georg Smith were entreated to know Sr Thomas Smithℯ pleasure herin and in ye meane time this Courte have nomi- nated Sr Edward Sackuill, Sr Iohn Dauers, mr Thomas Gibbs, mr Deputy, Dr Winstone, mr Wrote, and mr Berblock to repayre vnto the Lords att such time as they know Sr Tho: Smithℯ resoluc̃on. [122]

Mr Thr̃erℯ Decla- rac̃on of ye Summer Ilandℯ of ye daun- ger it stands in

Sir Thomas Gates by two seuerall bills assigned 3 Shares to Sr Henry Rainsford and other three to Edward Morgan of London Brewer wch the Auditors haveing approved the Courte now confirmed.

Sr Thomas Gates.3 shares to Sr Henry Rainsforde & 3 to Edw: Morgan

Mr Deputy signified that wheras the Ballatinge Box was sent to ye Sum̃er Ilandℯ Courte of Elecc̃on to doe them at that time a pleasure, hee vnderstandeth that Sr Thomas Smith deteyneth the same, wher- vppon in regard itt was given to this Societie by mr Holoway who in gratefycac̃on therof bestowed vppon him a Share of Land of xijli xs they thought good to appoynt mr Berblock and mr Nicholas Ferrar to demaund itt of the said Sr Thomas Smith wch if hee refuse to deliver then to take some other Course for the obteyning therof.

The Ballatinge Box deteyned by Sr Tho: Smith.

A ɫre directed to Sr Edwin Sandys from the Lady Lawarr was now red signifyinge that wheras mr William Waller of London Marchant had Adventured xijli xs wth her Lord 6 or 7 years sithence desyred this Courte that that share might be deducted from her Ladiships Accompt and past to the Accompt of the said William Waller, wch ye Courte willingly assented vnto and confirmed.

A ɫre from ye La: Lawar for a Share to be passed to mr Waller.

Mr Thr̃er signified vnto the Courte that mr Deputy had procured Dutch Carpenters from Hamborough men skillfull for the erectinge of Sawinge Mills who were shortlie to come for England and to goe for Virginia for the vse and benefitt of the Company to sett vp Saw- ynge Mills there, for wch the Company gave him thanks as a thinge of great benefitt and Comoditie to the Collony, And appoynted that the Comittees should be acquainted wth the bargaine and take order for them when they come.

Dutch Mill wrights from Hambor- ough.

23 IVNIJ 1620 A Courte helde,

Present the Right Hono:
Lord of Southampton. mr Tho Gibbes. mr Caswell.
Lord Cauendish. mr Deputy. mr Paulson.
Lord Sheiffeild. Dr Winstone. mr Geo: Smith.
Sr Edwar: Sackuill. mr Wrote. mr Briggs.
Sr Edwin Sandys. Capt Bargraue. mr Cranmer.
Sr Nicho: Tufton. mr Hen: Reignoldℯ. mr Bland.
Sr Williã Fleetwood. Capt Brewster. mr Palmer.
Sr Io: Wolstenholme. mr Ditchfeild. wth Diuers others.
Sr Walter Earle. mr Ro: Smith.
mr Berblock. [123]

Mr Thr̃er signified vnto them that the Bona Noua being com from Virginia brought very good news that the Plantac̃on inioyed Peace health and plenty, but by reason of his exceedinge much other buisi- nes haveinge not yett p̱vsed the ɫres hee could reporte no more att present vnto them but hoped to do more hearafter.

The Bona Noua Returned

Hee allso acquainted the Courte of a very difficult worke and of great importance wch was referred to himselfe and Dr Winstone of Collect- inge all the Adventurers from the begininge into a booke to be putt in print as now determyned. 1

This list was printed under the date of this Court. List of Records, no. 183, page 141, ante.

The Adventurers names printed in a booke

And wheras sundry fowle asp̱c̃ons have been laid vppon Virginia to the disgrace therof, And to that end itt was ordered that an Apologie should be sett outt hee tould them that both that and the other would com forth verie shortlie in wch there had been taken a great deale of paines as to them who should please to p̱vse itt would appeare.

An Apologie to set forth

Hee haveinge receaved notice of the good carriage of some p̱sonns in Virginia was specially to recomend vnto them one mr Iabez Whittak- ers Leivetennãt of the Companies men who had given a good Accompt of the trust reposed in him likewise mr Huddlestone mr of the Bona Noua who discharged himselfe well of all that was reposed to his trust and returneth much comended from the Gouernor and Counsell, as one of the sufficientestℯ Mrs that ever came thither.

mr Whittakers and mr Huddleston Comended.

The Comittee (apoynted to treat wth mr Somerscales touchinge the Proiect) deliu9d that they have had conferrence wth him, and they said that the attayninge of his ends is by raysinge a Stock to be adventured of 15000li for wch hee would drawe a Preamble and present itt to the Courte for so many as pleaseth to vnderwrite.

The Comittees re- porte touchinge mr Somerscales Pro- iect

The other Comittee haveinge Conferrence wth Mr Eglebert, Sr Io: Dauers deliu9ed yt hee thought him to be a fitt man and suffcient for that hee vndertaketh and haveinge receaved his Demaunds in writinge presented them to the Court, wch beinge red was referred to ye said Comittee to consider of againe wth him against ye Preparative Courte.

Mr Egelbert

Touchinge the Proiect of mr More for the makinge of Sopeashes Pott- ashes and the Plantinge of Hemp and fflax Cr the Comittee haveinge speech wth him reported that for the mayntenance therof itt did not much disagree from the manner of the former raysinge a Stocke for yt purpose but by reason hee is gone to be a while absent itt remayneth to be further expected.

The Comittees re- porte touching mr More.

A writinge beinge sent from mr Crashaw intimatinge of one that will make Comodities in Virginia of good worth wch shalbe marchantable in all places of the world was referred to the said mr Crashaw and mr Deputy to conferr wth him.

A writinge from mr Crashawe.

Itt was allso made knowne that therwas another who desyred to have the sole importac̃on of a Comoditie not now in vse for 7 years for wch hee will give to the Company 100li p̱ Annũ and plant 25 men every yeare for the said 7 years, and att the expirac̃on of the said tearme will resigne itt vpp to the Company wch beinge now considered of was referred to Sr Iohn Wolstenholme, Sr Iohn Dauers Dr Winston, mr Gibbes and mr Cranmer to treat farther wth him. [124]

one desired to haue ye sole importac̃on of a Comoditie not now in Vse.

Sr Edwin Sandys farther moved that wheras itt is allredie agreed yt ye Gouermt of the Companies p̱ticularr Land is taken from Sr George Yeardly not that hee held him vnfitt for the managinge therof butt by reason of his many other buisinesses, vnto wch place they have deputed Captaine Nuse agreeinge to send 20 men wth him presentlie for his owne benefitt, and 20 more herafter as they have formerly deputed mr Thorpe wth allowance of tenn men to gouerne the Colledge Land, And because the Secretary should not exact any thinge from the Inhabitantℯ nor receave any fees himselfe neither his Clerks (butt such as this Courte shall order), itt was agreed allso that hee should have tenn men forthwith sent him, therfore moved that for the send- inge of these 40 men a Ship might presentlie be dispatched, and that 70 more might be added vnto them to make vpp the 130 vppon the Companies Land full 200 Personns there beinge means for the p̱form- ance of itt, wch although theris some difficulties to send att this time of the yeare by reason of victualling the Ship, wch yett wth good care and providence may be ouercom, and the passage more daungerous in respect of heate then att other times, yett for the people to come ther in the beginninge of winter itt is verie advantagious for them to p̳ceed in their laboures and more wholsome for them then to Land att other times of the Year, desyringe those that shall succeed him to send no base men as allso if they thought well of this, that then no money be issued till this be p̱formed, And that 2000li might be paid into the Comittees immediately from the Lotteries wch being well aproved wthout any opposic̃on being putt to the question was gener- ally allowed of.

The Gouermt of ye Compa: Land put to the Care of Capt: Nuse.

10 men to be sent to ye Secretarie

A note beinge read wherin the Magazine Adventurers desyred this Courte to appoynte a Comittee to ioyne wth some they had allredie made choyse of for cleeringe the Accompts betwixt them aboute the George that the Maister and Owners therof may receave sattisfaction itt was very well approved and to that end have nominated mr Deputie, mr Wrote, mr Cranmer, mr Briggs and mr Bland to end not onely this butt what difference else in matter of Acco: may be betweene the Company and the Magazine, and to meete vppon Twesday morninge att 8 of the Clock att Sr Edw: Sandys.

An Adic̃on to a former Comit: touching ye Maga- zine Acco:

The order of Courte beinge read wherin Sr Tho: Wroth declared him- selfe to be of a contrary opinion in the Cleering of Capt Brewster was said by mr Thr̃er, and mr Deputy to be vntruely sett downe to the wronge of the Courte as many other orders had formerlie beene and that itt was penned by another and not by the Secretarie for certify- inge of wch itt was referred to Sr Edward Sackvill and mr Deputy, and for that wch mr Thr̃er hath duly done in rectefyinge the orders the Court hath now approved and given him thankℯ for the same.

A former order of Courte wherin Sr Tho: Wroth dis- sented in opinion said to be vntruly sett downe

The Comittees appoynted by the Virginia Court and ye Sumer Ilandℯ Courte to Consider of the best Course for the safetie both of Virginia and the Summer Ilandℯ are entreated to meete att Sr Tho: Smithℯ uppõ Twesday in the Afternoone att 3 of the Clocke. [125]

The Comittee for ye safftie of Vir- ginia & So: Ilands desired to meet

The Comittee for the Orders p̢sented by mr Berblock are desyred to meete att Sr Edwin Sandys vppon Satterday att 4: of the Clocke.

The Comittees for ye Orders p̢nted: by mr Berblock to meet

My Lo Cauendish now paid to mr Thr̃er for yt wch was owinge by sub- scripc̃on 50li: mr Tho: Bond brought in 37li: 10s: Iohn Zouch esqr 25li and mr Iohn Ferrar 12li: 10s: in all 125li: bills beinge sealed in open Courte vnto them for the said somes, and allso their seuerall bills beinge allowed by the Auditors were passed ouer to sundry men: 34 shares by Sr Thomas Gates, vizd to Sr Phillip Cary 14: to mr Fraunces Challoner 5: to mr Henry Box: 3: to mr Thomas Vyner: 2: to mr Wil- liam, mr Arthur, and mr Thomas Swaine 3, to mr Wm Swayne one, to mr Anthony Biddolph one, to mr Georg Clerk one to Mr William Wat- son one to Mr Richard Greenway one, to mr Iohn Laurence one, to mr Thomas Stubbins one, Likewise 4 shares to mr Iohn Halsey vizd to mr Richard Lambe one to mr Iohn Lamb one, to mr Iohn Budge one, to mr Thomas Wetherell one Lastly one share to mr Phillip Iermyn esqr by Capt Bargraue.

mony pd into mr Thr̃er

sundry bills al- lowed and passed.

Mr Thr̃er acquainted the Court yt the 4 Dutch Carpenters p̳cured by mr Deputyℯ means for erectinge of Sawinge Mills in Virginia are now com ouer for the service of the Company and that in this next Ship are fitt to be shipped thither.

4 Dutch Carpen- ters com ouer

26 IUNIJ 1620. At a Court then helde was

Present right Honoble͠: Earle of Southampton. Lord Sheffeild.
Sr Edward Sackvill. mr Iohn Wroth. mr Reignoldℯ
Sr Edwin Sandys. mr Gibbes. mr Berblock.
Sr Dudley Diggs. mr Deputy. mr Casewell.
Sr Nicho: Tufton. mr George Sandys. mr Bull.
Sr Io: Dauers. Dr Winston. mr Swinhow.
Sr Phillip Cary. mr Herbert. mr Cranmer.
Sr H: Fleetwood. mr Wrote. mr Geo: Smith.
mr Rob: Smith. mr Robts: wth many others.

Mr Thr̃er signified that accordinge to the order vppõ his moc̃on in the last Court for a Ship to be dispeeded vppon the occasion there exprest the generall Comittee hath mett, and resolved amongst themselvs that out of the 16: they would make choice of 12: wch should vndertake this charge beinge content themselvs if ye Court should so desire to seale the Charter p̱tie and to lay out so much monny for that purpose as is needfull; for wch end amongst themselvs they have made choyce of mr Deputy to be their Treasuror [126] and reckninge the charge to be about 2000li they desire the order of the Courte to save them harme- less as in like case hath beene given in like case to mr Thr̃er and mr Deputy, And moreouer for their better securitie moved that a warr̃nt might be made to the menager of the Lotteries to advance vnto them so much monny when itt is in his hands to be receaved by them and disbursed vppon Accompt wch the Court well approved and beinge putt to the question was confirmed by erecc̃on of hands.

12: out of ye 16: Comittees chosen to seal ye charter partey and mr Dep- uty to be ther Threr̃r

Warr̃nt for 2000li to be paide out of ye Lotterie

The Comittees allso reported that they had seene a Ship wch they well liked of as fitt for that vse.

The order referred to Sr Edward Sackvill and mr Deputie in the last Courte to be drawne was now presented by them wch beinge read to the Courte was allowed and by erecc̃on of hands agreed that itt should take possession of the former in the same place.

The order referred to Sr Edward Sack- vill and mr Dept touching Capt Brewster lyked

Wheras Capt Argoll complayneth that mr̃ Tr̃er vppon the hearinge of the cause betwixt Capt Brewster and him did suppress divers writ- ings wch might have stood him in great steed the Courte p̱ceivinge no such thing & being sattisfied of the contrarie will vppon all occa- sion iustifie that reporte to be false and malicious.

Capt Argollℯ re- porte of writtings suppressed.

And forasmuch as the said Capt complayneth of hard measure in regard his answere vnto the Articles exhibited against him were not read in Courte itt was therfore agreed that both bill and answere should be brought to ye Courte, and soe the whole cause to be tryed by them by wch meanes itt will sooner be ended, wch was done with the generall consent of all the Counsell then present who accordinglie dismissinge themselvs of the wholl cause had devoulved itt to the Courte to be there heard and ended.

Capt Argollℯ cause agreed to be heard in Courte.

Mr Thr̃er signified that the Comittee for the standinge orders doth recom̃end vnto this Courte 2: or 3 lawes wch they thinke needfull to be incerted amongst the rest, if this Court and the Quarter Courte approve therof, one is concerninge the title of Courts, and 2 other of the § Title of ye § generallytie wch be these as followeth.

2: or 3 Lawes to be Added.

Vppon wch itt was moved by mr Robert Smith for the better accomo- datinge of every p̱ticular member of this Societie that the standinge lawes might be printed wch was generally well liked and approved, butt whether to be done presently or some time to be respited dependeth to be determyned.

Standinge Lawes ordered to be printed.

Itt beinge made knowne that sundry of the Comittee by order from this Courte beinge to meet wth a Comittee by order from the Sum̃er Iland Courte by reason of some other buisines could not attend to morrow in the afternoone. In their roomes the Court hath now made choyce of Sr Nicholas Tufton, Sr Walter Earle, and Sr Phillip Cary who promised to give their Assistance. [127]

A Comittee.

mr Thr̃er allso acquainted them that forasmuch as Charter is in p̢paring for mr Thorpe, mr Nuse, and mr Porey, wch is to be con- firmed in the next Courte if itt be approved, as allso the Charter last drawne wch should have beene read in the last Quarter Courte in the afternoone allso wch was not and that theris a Pattent for Iohn Zouch esqr to be then ratefied, & likewise that since the Confirmation of the Pattent for Southampton Hundred, some are gone outt and some ∥others∥ to be incerted in their places for wch hee would sur- render itt and take a new one, that therfore the Courte vppon Wed- nesday might hold as formerly both forenoone and afternoone wch the Court well approved and vppon request agreed that hence foreward a Duplicate of such Pattents as are graunted here should be sent to Virginia wch mr Thr̃er said should all be sealed in open Courte as all other things yett had been during his time.

A Charter for Es- tablishinge diuers Officers

Iohn Zouch Pat- tent.

South: Hundred Patt̃.

Duplicate Pat- tentℯ.

Next hee acquainted them of 2 things wch hee p̳fessed to take no delight in butt for the Companies sake hee was content to p̳cure to himselfe a great deale of ill will and malice because hee would not see them abused.

The first conteyneth a p̳ceedinge of the Counsell vppon a petic̃on exhibited vnto them by Capt Argoll wch p̳ceedinge (as is informed) was drawne by Sr Nathaniell Rich, and a Coppie therof given to Cap- taine Argoll by the Secretary, vnto wch the said Captaine hath gotten divers of ye Counsellℯ hands, wherin theris one poynt that the said Captaine Argoll may himselfe make choyce of any two of the Councell to examine his wittnesses wch is contrary to the desire of him in the next Courte as by the order therof may appeare, and besides wch itt was not lawfull to be graunted to him to choose whome hee list, for soe hee might choose such as professed themselvs to be his p̱tners, wch were a choyce not convenyent.

The proceedinge of ye Counsell touch- inge Capt Argollℯ petic̃on drawne by Sr Nath Rich.

2 Att a meetinge att Sr Thomas Smithℯ for the magazine wch they had noe power to doe (haveinge no leave from the Courte) a petic̃on was deliu9ed to Sr Thomas Smith by mr Caninge and mr Essington layinge great asp̱c̃ons and scandallℯ vppon the last years gouerment much praysinge ye former Whervppon the said mr Caninge and mr Essington was warned from the Counsell to attend, butt itt appeared neither of them was present. Att wch time as was now deliuered by some that were there present another thinge was there done aboute iustefyinge mr Alderman Iohnson in many poyntℯ, amongst the rest one Article betwixt the Compa: & ye Magazine wch beinge referred to be deter- mined by my Lo: of Southampton, itt pleased his Lop: to decide and end, since wch time his Lop: pleasinge to com vnto a Somer Ilands Courte one Argumt did arise betwixt his Lop: and mr Alderman, and amongst other things his Lop: affirmed that vppon request of the said mr Alderman hee was content to strike off 80 and odd pounds of profitt wch was due to the Company, and the rather his Lop: was drawne vnto itt, as wishinge peace and quiettness, butt mr Alderman deny- inge the same did say that there was not a word true, vppon wch his Lop: p̳duced a writinge signed by the Auditors to avouch the same, and that such a some ther was cutt of wch was allso now iustefied by divers others of the Courte. [128]

Mr Caninge & Mr Essingtonℯ Peti- c̃on to Sr Tho: Smith scandaliz- inge ye present gouerment.

Mr Alder̃: Iohnson

80 & odd pounds remitted to Alder: Iohnson by my Lo: of Southamp- ton.

ffor the ffirst poynt because itt concerneth Sr Nathaniell Rich it was thought good hee should be warned to the Quarter Courte

Sr Nath: Rich to be warned to ye Quar- ter Courte.

The Second poynt after a full examinac̃on was agreed to be disavowed by an Acte of Courte to wch purpose they entreated Sr Dudley Diggs to drawe a writinge accordinge to his writinge understandinge wch beinge approved by the Courte the Councellℯ Seale might be affixed and deliuered to mr Secretary Naunton to present to the gracious veiwe of his Maty: Whervppon Sr Dudley Diggs vndertooke the Taske and dictated in this manner followinge Ivne 26: 1620

Sr Dudley Digs ap- poynted to draw a writinge Cr to be presented to Sec- reta: Naunton.

Itt appeareth att this Preparatiue Courte that a pryvate meetinge of some gent9 and Marchantℯ att Sr Thomas Smithℯ house in his bed Chamber vppon ffryday the 16th day of Ivne 1620, wher ther was no sufficient authoritie, one mr Caninge delivered a petic̃on to Sr Thomas Smith conteyninge ye applauding of his former gouerment and much scandalinge the p̳ceedinge of ye present the pretended end of this petic̃on beinge onely to obteyne ye dissoluc̃on of an iniunction in a pryvate sute graunted Capt Bargraue against Sr Thomas Smith, mr Alderman Iohnson, and himselfe wth others: wch last poynte was onely debated the other two not touched as divers present now testifie, who were there and disliked itt, and protest itt never went by hands nor generall consent: Wch occasions this Courte to thinke that, that pryvate buisines of Capt Bargraues was butt taken hold of for some other purpose, the rather for that itt was in this Courte avowed that Caning soone after sayde that the petic̃on was now with the Kinge and a figg for the piper, wch malicious kinde of p̳ceedinge to advance craftylie or impayre falslie mens reputac̃ons this Courte doth vtterlie condemne and thinke fitt to be censured in the next Quarter Courte for Wch cause Canninge and all that were present att that pryvate meetinge are to be summoned to the next Quarter Courte.

The tenor of ye draught Sr Dudley Diggs made

The names of those that were present at that Assemblie & now openly in this Courte protested their dislike and disavowinge of that petic̃on and the proceedinge there ensuinge

Sr Iohn Dauers. mr Swinhowe.
mr Robert Smith. mr George Smith.
mr Berblocke. mr Bull.
mr Casewell. mr Robertℯ.

Wch beinge twice read to the Courte was exceedinge well liked agree- inge that itt be delivered as is formerlie sett downe, and beinge putt to the question was ratefied by ereccon of hands.

Mr Dauid Bennet for the love of mr Nuse hath brought in 37li: 10s: 00d whervppon hee was admitted into the Societie agreed that itt shalbe disposed accordinge to the former order.

mr Dauid Bennett enfranchised

The Right Honorable the Lord of Southampton who sent Tenn men as now appeared wth the Lo: Lawarr was allowed accordinge to order & custome 50 Acres a peec wch hee surrendred presentlie away vizd 4: of them to mr Thomas Riseley, 2 to mr Porter, 2 to mr Gifford, and 2 to Wm: Smith who were admitted to be of the Company and that therbe order given that they be deducted from the Accompt of the Lord Lawarr.

Ea: of Southamp- tõ allowed 50: Acres a peece for 10 men wch he sur- rendred vizd to

Mr Harper assigned one share to mr Whetcombe, and wheras Sr Fraun- cis Parrington hath formerly assigned 2 shares one to Wm: Pollard and theother to Henry Hickford wch the Courte allowed of, Now the said Henry hath resigned his share vnto Iohn Martin Marchanttaylor.

1 Share to mr Whetcombe 1 to mr Wm Pollard 1 to Henry Hick- ford who assigned itt to Io: Martin

28 IVNIJ 1620. A Generall Quarter Courte held in the fforenoone at mr Ferrars house the xxviijts of Ivne 1620

Present
ye Right Honoɫe The Lord Pagett.
Sr Edwin Sandys Ther̃r.
Sr Iohn Dauers.
mr Wroth, mr Gibbes.
mr Palauacine.
mr Iohn Ferrar Depty.
mr Tomlynℯ.
mr Reignoldℯ.
mr Iohn Smith. mr Oxenbrige. mr Bromfeild. mr Essington.
Captaine Nuse. Capt Brewster. mr Berblock. mr Briggs.
mr Robt: Smith. mr Caswell. mr Bull. mr Mellinge.
mr Nich: Ferrar. mr Robertℯ mr Swinhowe.
mr Wrote.
mr Palmer.
mr Newporte.
mr Cuffe with others.

A Charter p̱ty beinge read for establishinge of Deputies for ye Colledge and this Compa: & for ye Secretaries place was well liked and agreed to be ingrossed.

a Charter party.

Addic̃on of Counsellors

mr Thr̃er declaringe the necessitie of some such to be added to the Counsell as were cheiflie to give attendance att the Courts, signified of a pap̱ putt into his handℯ wch recomended vnto him certaine Gen- tlemen, and Cittizens who for there worth and extraordinary paines well merited that place if the Court should approve therof vizd: The Lord Haughton, Sr Edward Sackuill, mr Sam: Wrote, mr Tho: Keight- ley [130] mr Tho: Sheppard, mr Robert Smith, mr Dr: Winstone, and mr Dr: Gulstone, wch was referred as all other things now agreed of to the Confirmac̃on of the afternoone.

Vppon notice from Sr George Yeardley yt the Councellors in Virginia must needs be supplyed, the Court hath now chosen mr Thorpe, mr Nuse, mr Pountus, mr Tracy, mr Dauid Middleton, and mr Bluett to be of the Councell of Estate in Virginia.

Supply of Coun- cellors in Virginia

Wheras itt is agreed that a Ship shall presentlie be sent wth 120: Per- sons and that a warr̃nt should be made to the Officer of the Lottery for paymt of 2000li: to the Comittee for their better securitie for wch they are to accompt for the warrant beinge now putt to the Question was ratefied.

Bona Noua a war- r̃nt for paymt of 2000li

And wheras allso 3d a pound for the fraught of the Magazine Tobacco was offered to mr Wiseman if hee would touch att Virginia and take itt in mr Thr̃er offered that for bearinge p̱t of the charge of this Ship if the Adventurers thought good they would vndertake itt att that price, wch the Adventurers p̢sent assented vnto beinge putt to the question.

Magazine Tobacco att iijdli fraught.

The Courte was enformed of mr Iames Bagg of Plymouth who hath divers times taken great paines for the Company and layd out much monney as appeareth by his Accompts well approved by the Auditors and may herafter allso pleasure them in divers kindes and therfore to gratefie him hee maie have some land given him; Whervppon itt was agreed to be putt to the question whether hee should have fower shares or five wch by erecc̃on of hands was ordered to be five.

5 Shares giuen to mr Iames Bagg

A petic̃on exhibited by mr Wrote and mr Berblock concerninge the Companies suite against mr Wye being read was allowed agreeinge itt should be sealled by the Counsellℯ Seale and signed by the Secretary.

Touchinge the sute against mr Wye.

Wheras three standinge lawes were the last Courte presented to be read accordinge to order from the Comittee and Counsell, Mr Thr̃er signified that there was a mistake of a clause in one of them beinge a standinge Law allreadie enacted formerly as well and rather better then this Whervppon this clause was agreed to be lefte oute.

mistake of a clause in one of ye stand- inge Orders.

Itt was agreed vppon the moc̃on of the last Courte that the standinge Orders shall presentlie be putt in printe and annexed to a booke newlie come out by order from the Counsell, wch booke shalbe given to everie one of the Courte this afternoone. 1

This is the book cited on page 286.

Standinge Orders to be putt in printe.

Mr Thr̃er signified that hee acquainted the last Courte of surrendringe Southampton Pattent and takinge a new one this day butt itt was not redie and therfore itt should be deferred till the next Quarter Courte. [131]

Southampton Pat- tent

Hee morouer reported that Sr Ferdinando Weynman adventuringe 100li: wth the Lord Lawarr (besides the adventure of his p̱son) who dyed there and leavinge one only Childe behinde him a daughter; hee had receaved a ɫre: from the Ladie Lawarr that shee was content to deduct itt from her Laps: accompts that itt might be assigned vnto her, wch the Courte well allowed referringe the rest vnto the Audi- tors: And have further agreed to allow vnto her for the adventure of his p̱son beinge a man of that worth 4 shares wch was confirmed by erecc̃on of hands.

Sr Ferdi: Wenman adventur 100li al- lowed vppon Acco: to his daughter & 4 shares giuen vnto her.

Frauncis Carter assigned 2 shares to mr Tobye Palavicine wch was allowed by the Auditors and confirmed by the Courte.

2 shares to mr Toby Palauicine.

Iohn Gray vppon the like approbac̃on assigned two shares to mr Richard Baynam of London Goldsmith.

2 shares to mr Baynham.

A petic̃on was exhibited by the Executors of mr Christopher Lawne to have the fraught given them of such goods as are now returned beinge 800 weight of Tobacco; The Courte not houldinge itt requisite for president sake to allowe the fraught: butt in regard of the great charge and losse, the said mr Lawne hath been putt vnto and sus- teyned in his pryvate Plantac̃on, itt is agreed to allow him the passage of 2 men wch they esteeme to be xijli and to discount the passage of her Childe wch is alleaged the Cape Marchant was payd for, Nottwth- standinge that itt dyed before itt was shipt.

Executors of Christo: Lawne al- lowed for ye pas- sage of 2: men.

Certaine Articles beinge preferred by the Societie of Martinℯ Hun- dred being read p̱t of them were allowed of and the rest aunswered.

Martinℯ Hundred.

Mr Iohn Zouch his Pattent for a p̱ticularr Plantac̃on was now read and approved.

Mr Io: Zouch his Patent

28TH IUNIJ 1620 A great and generall Quarter Courte helde in the afternoone at Mr Ferrarℯ house. 28th Iunij 1620:

Present ye Right Honorable
Earle of Southampton. Lord Cauendish.
Earle of Dorsett. Lord Sheffeild.
Earle of Warwicke. Lord Pagett.
Earle of Deuonsheire.
Sr Edward Sackuill. Sr Nicho: Tufton. Sr Nath: Rich.
Sr Edwin Sandys Thr̃er. Sr Thomas Roe. Sr Phillip Cary.
Sr Tho: Smith. Sr Ferdinando Gorges. Sr Tho: Weynman.
Sr Dudley Diggs. Sr Iohn Dauers. Sr Walter Earle.
Sr Antho: Aucher. Sr Iohn Wolstenholme.
wth diuers others.

[132] Mr Ther̃r signified that accordinge to the standinge Orders there had been a Courte kept in the morninge wherin divers waightie mat- ters had been discussed and resolved, butt the full Ratyficac̃on of them was referred vnto this great assembly.

ffirst the great Charter read in the last Quarter Courte was now againe read and by erecc̃on of hands confirmed and ordered to be sealed.

Great Charter Con- firmed

Then the Charter for mr Thorpe, mr Nuse, the Deputies of the Col- ledge and Company and for the Secretary was read and confirmed and allowed that the Seale should be affixed.

Chart: for mr Thorpe Cr Con- firmed.

Mr Thr̃er propounded the names of such as by the morninge Courte were chosen of his Maties Counsell here for Virginia, namely the Lord Haughton Sr Edward Sackfeild, mr Samuell Wrote mr Thomas Keightley, mr Thomas Sheppard, mr Robert Smith, Dr Winstone, and Dr Gulstone, who being againe seuerally putt to the question were by errecc̃on of hands confirmed.

8 new Counsellors chosen & con- firmed.

Then was there further chosen to be of his Maties: Counsell for Virginia the Earle of Dorsett then present The Earle of Huntington, and mr Doctor Anthony.

Earle of Dorsett, Earle of Hunting- ton & Dr Anthony chosen to be of his Maties Counsell.

And vppon the reporte of mr Thr̃er of the many and great favours that the Earle of Huntington and Bath had this year done this Com- pany in the procuringe of many fitt and vsefull p̱sons sent to Virginia Itt was ordered that the Courtℯ especially thanks should be signified to them by letters.

Thanks ordered to begiuen to yr Earle of Huntington & Bath.

Likewise the Councellors of Estate in Virginia propounded in the forenoone were againe by erreccon of hands confirmed, namely mr Thorpe, mr Nuce, mr Tracy, mr Pountus, mr Middleton, mr Bluett and to them was now added mr Horwood the cheife of Martinℯ Hun- dred.

7 new Councellors of State in Vir- ginia

The matters concerninge the Ship and Voyadge now p̢sentlie intended were in the same manner as in the morninge p̳pounded and all ratefied and confirmed by errecc̃on of hands.

Touchinge ye Shipp.

The five shares graunted by the Courte in the forenoone to mr Iames Bagg Iunior were againe putt to the hands and confirmed wth many great thanks. [133]

5 Shares to mr Iames Bagg Con- firmed.

The petic̃ons exhibited by mr Wrote and mr Berblock beinge read and approved in the forenoone was now confirmed.

The petic̃on by mr Wrote Cr.

The printinge of the standinge Orders and anexinge them to the booke formerly ordered to be sett out beinge propounded in the Preparative Courte by mr Robert Smith and well liked of by the mornings Courte was now fully ordered to be instantlie done.

Printinge of ye standinge Orders.

The allowance of Land graunted to Sr Frauncis Weynmane was againe by ereccon of hands confirmed

Sr Fra: Weynman.

The rest of the things that were ordered by the mornings Courte were againe propounded and confirmed, and the Seale affixed to the Pattent graunted to Mr Zouch.

mr Zouch Pattent sealed.

The Counsell findinge Capt Argolls buisines intollerable trouble some and vnderstandinge themselues to be vnduely stayed ∥taxed∥ refused to p̳ceed any further therin butt to leave itt to the decydinge and iudginge of the Courte wch was by the generallytie accepted and ratifyed.

Capt Argollℯ buisi- nes lefte to ye Courte to iudge and decyde.

This done mr Thr̃er the second time surrendered his place, att wch time Sr Nathaniell Rich offeringe to move concerninge some asperc̃ons laid vppon him in regard this was a great and Quarter Courte was answered that itt would be a fitter time when the new Treasuror was chosen.

Sr Nath: Richℯ mo- c̃on put of till a fitter tyme.

The Earle of Southampton acquainted this Courte that himselfe wth the rest of the Lords and gentlemen requested thervnto by the last Quarter Courte had presented their humble desires vnto his Matie for the free eleccon of their Treasurer whervnto his Matie: had most gra- tiously condiscented signyfyinge vnto them that it would be pleasinge to him they made choyce of such a one as might att all times and occasions have free accesse vnto his royall p̱sonn. And further declaringe that itt was the mistakinge of the messenger haveinge not receaved his message imeadiately from his owne royall mouth to exclud them from the libertie of choosinge any butt the fower nominated butt whome his Mats: intent was indeed to recom̃end butt not so as to barr the Compa: from the choyse of any other.

Earle of South- amptonℯ report of his prsenting their desire to his Maty: for the free elecc̃on of their Thr̃er.

His Matie: intend- ed not to barr ye Compa: from their free elecc̃on

Whervppon the wholl Courte rendred to his Matie: all humble thankℯ and ordered that by writinge itt should be signified vnto his Matie: [134]

The Compa: thanks to be giuen to his Maty:bywrit- inge

Then mr Herbert delivered vnto the Company that wheras by some distractions and discentions in the Company the buisines much suf- fered in the reputac̃on and otherwise, they should now thinke vppon some Person of such worth and authoritie as might give full remedie thervnto; wch since itt could not be p̱formed by the late Tr̃er a man of that greate habillitie and sufficiencie together wth his industrie and integritie as of his ranke ther could not be found any to passe him, there was now lefte noe hope except itt might please some of those Honorable p̱sonages then p̢sent to vouchsaffe to accept of the place, who by adic̃on of Nobillitie might effect that wch others by meere habillytie could not doe.

Earle of South- ampton nomi- nated and chosen Ther̃r

Wch moc̃on beinge exceedinglie approved the whole Courte imeadi- ately wth much ioy and applause nominated the Earle of Southampton wth much ernestnes beseechinge his Lop: that for the redeeminge of this Noble Plantac̃on and Company from the ruines that seemed to hange ouer itt hee would vouchsaffe to accept of the place of Thr̃er.

Wch itt pleased him after some finale pause in fine to doe in very noble manner out of the worthie love and affecc̃on that hee bare to the Plantac̃on And the Courte in testimoniall of their bounden thankfull- nes and of the great honoure and respect they ought him, did resolve to surcease the ballatinge box and wth out nominac̃on of any other by erecc̃on of hands his Lop: was chosen Tr̃er and tooke his Oath. Wch done his Lop: desyred the Compa: that they would all putt on the same myndes wth wch hee hadd accepted that place.

And the Courte further declared themselvs that itt was not their intent that his Lop: should be further bound to the p̱formance of the buisines of this Courte then his owne more waightie buisinesses did permitt.

a Disspensac̃on

ffor place of Deputie this Courte nominated mr fferrar mr Keightley and mr Cranmer who beinge putt to the Ballatinge Box mr Ferrar was chosen by pluralitie of Balles: who tooke his Oth.

Mr Io: Ferrar cho- sen Deputy.

ffor Auditors were Chosen Sr Edwin Sandys, Sr Iohn Dauers, mr Wroth all three of the quorum, And Sr Edwin Sandys, who said that though hee had been head hee would be contented to be the foote for ye benefitt of ye Plantac̃on was allowed to follow itt att large as his owne buisines gave him leave The other 4: were mr Ferrar, mr Keightley, mr Briggs and Mr Wroth And mr Abbott, mr Hamford, and mr Abdy, whom Sr Thomas Smith the former yeare desyred to be admitted as Adventurers Auditors on his p̱te were continued againe takinge their Othes as the rest. [135]

Auditors Sr Edwin Sandis Sr Iohn Dauers mr Wroth mr Ferrar mr Keightley mr Briggs mr Cran- mer

mr Abbott, mr Hamford & mr Ab- dy Auditors for Sr Tho: Smith.

The Com̃ittee yt were chosen are theise. vizd
mr Cranmer. mr Bernard. mr Bland.
mr Berblock. mr Boothbie. mr Wiseman.
mr Bull. mr Nicho: Ferrar. mr Chambers.
mr George Smith. mr Iones. mr Wheatley.
mr Caswell. mr Clarke. mr Darnelly.
mr Mellinge.

generall Com̃ittee

Mr ffotherby the Secretary offered to give vpp his place in the due p̱formance wherof the Company p̱ceivinge him to have been some- way faulty hee was discharged and mr Collingwood recommended by my Lord of Warwick and Sr Iohn Dauers chosen in his place, And in regard that in a day of soe great ioy none should goe away greived the Courte Condiscended ouer and aboue the 5li due to Mr ffotherbie for his wages to bestow vppon him 10li.

mr Collingwood Secretary.

Mr Webb was chosen Husband and mr Carter Beadle.

Husband & Bea- dle.

Sr Edwin Sandys desyred his quietus est, his Accompt haveinge accordinge to order of Courte lien since the last Quarter Courte vppon the Table and no excepc̃ons taken thervnto: wch the Courte not onely assented vnto butt further allso declared themselvs that itt should be referred to a select Com̃ittee to give him a due testimoniall vnder ye Companies Seale of his worthie service this last yeare performed as likewise by some proporc̃on of Land to testifie their greate thankfull- nes vnto him.

Sr Ed: Sandis al- lowed his quietus est and to haue a testimoniall of ye Companies thank- fullnes and a p̳por- c̃on of Land.

Butt itt beinge past six of the Clock they thought itt fitt to defferr itt to the next Courte that itt might be more orderly p̳ceeded in. [136]

Itt was likewise thought fitt in regard of the extraordinary paines of the Comittees the last year that the Company should shew their thankfullnes vnto them in the like kinde in bestowinge some portions of Land vppon them.

Comittee to haue some proporc̃on of Land.

Sr Thomas Smith in this last Courte acquainted them wth a mistak- inge that a petic̃on exhibited vnto him by mr Canninge should be sent to ye King wch hee now p̳duced and offered to shew vnto the Courte.

Sr Tho: Smith pre- sented mr Canings petic̃on

A Courte held in the afternoone att mr fferrarℯ house 7 Iulij 1620 ther beinge

Present the Right Honorable Earle of Southampton Thr̃er. Lord Cauendish. Lord Pagett.
Sr Edward Sackvill knt. mr Thomas Gibbes. mr Deputy Ferrar.
Sr Edwin Sandys kt. mr Toby Palavicine. mr Dauid Bennet.
Sr Thomas Roe knt. mr Brooke. mr Reignoldℯ.
Sr Iohn Dauers knt. mr Earle. mr Tomlynℯ.
Sr Iohn Bourchein kt. mr Herbert. mr Keightley.
Sr Phillipp Cary knt. mr Docter Gulstone. mr Hanforde.
Sr Thomas Wroth knt. mr Oxenbridge. mr Stiles.

mr Bull, mr Scott, mr Abdy, mr Cranmer, mr Shepheard, mr Rugelℯ, mr Foxton, mr Ed: Palavicine mr Nicholas Ferrar, mr Berblock mr Edwards mr Casewell, mr Cartwright, mr Challoner, mr Widdowes, mr Whitley, mr Georg Smith, mr Baynam, mr Morewood, mr Ether- idge, mr Barron, mr Mellinge, mr Woodall wth divers others.

Sr Edwin Sandys signified vnto this Courte that hee had a Proiect of speciall importance wch hee much desyred before the Acts of ye former Courtes were read to imparte vnto them, for that itt maynely con- cerned the better menaginge of their affaires in Virginia, and good advancement of the Plantac̃on there.

Sr Edwin Sandys Proiect for ye bet- ter menaginnge of ye affaires in Vir- ginia

Whervppon the Courte grauntinge him leave to proceed hee deliuered the matter in writinge, wch writinge he first read intirely himselfe to the Courte and after itt was apoynted to be read by the Secretary by parcellℯ and each parte was weighed and considered of by the Courte, and beinge approved there were severall Comittees appoynted to the seuerall parts, wch writinge wch the Comittees beinge generally rati- fied by the Courte doth here ensue. [137]

Proposic̃ons considerable for ye better menaginge of the buisines of the Company and aduanceinge of ye Plantac̃on of Virginia in this yeare 1620

The late distracc̃ons of the Company by partiallities and facc̃ons are first to be removed and that by takinge away the causes of them which are two: 1: matters of Accompts. 2: and questyoninge of Captaine Argollℯ gouerment ffirst therfore lett Sr Thomas Smithℯ Accompts be divided into fower partes vizd: 1: Receiptℯ by monneys Adventured, 2: Receiptℯ by Lotteries, wth paymt allso of the Prizes and other charges to them incident, 3 Receiptℯ by sale of goods returned from Virginia, by fines allso, by Collections, and other mennes whatsoever, 4: and lastly his Disbursments, lett the Auditors accordinglie divide themselvs into fower Companies each takinge their parts & following them throughlie till they be dispatched, ffor there manner of proceed- inge lett itt be by such means rules as themselvs in a generall meet- inge shall sett downe, and for their ease and quick dispatch lett them have the helpe of such other of the Company as they shall desire, Lett each Company dispatch his parte by Allhalloutide next and then all meete to bringe the wholl to p̱feccon

For ye receiptℯ by Aduenturers Sr Iohn Dauers.
Sr Edwin Sandys.
For yr Receiptℯ by Lotteries wth paymt of the Prizes and other Charge mr Iohn Wroth.
mr Henry Brigs.
For ye Receiptℯ by Goodℯ from Vir- ginia with fines and Collecc̃ons Cr mr Iohn Ferrar Deputy.
mr William Cranmer.
For the Disbursmentℯ mr Thomas Keightley.
mr William Cranmer.
ffor other Accomptants who refuse or forbeare to be ordered by the Auditors lett them accordinge to a former order of Courte be convented by the Counsell and ther the differences be ended and right done to ye Compa: [138]

Vnitie

Touchinge the buisines concerninge Captaine Argoll wch divideth itt selfe into three partes. 1 Matter of State, 2 Depradac̃on of the Pub- lique wth other wrongs done to the Company. 3 oppression of the Collony wth wrongs to p̱ticuler p̱sonns Lett each parte be com̃ended to two choyce men who may make them fitt for hearinge against Alhalloutide next, So that the next Quarter Courte passinge a fynall sentence in the buisines of Captaine Argoll and perfectinge and con- cludinge all matters of Accompts, the returne of firme peace and vnitie may be expected.

Sr Iohn Dauers.
For the matters of State mr Samuell Wrote.
mr Edward Herbert.
mr Herbert.
For Depradation of ye Publique mr Keightley.
mr Wrote.
Sr Edwin Sandys.
For oppression of ye Collony Cr mr Iohn Ferrar.
mr Iames Berblock.

Capt Argollℯ buisi- nes.

The next principall matter is the reputac̃on and Iustice of ye Company in payinge there old Debts wherof there may be neer two thousand pound yett remayninge, I wish yt after the dispatch of this Ship and of another Pinnace to be shortlie sett out the next imployment of monny may be in discharginge those Debts; And in the meane time that the Auditors wth assistance of all other Officers make a true examinac̃on & Collecc̃on of those Debtℯ and present the same to the Courte in the begininge of the next Tearme.

Reputac̃on.

These matters and troubles in the way beinge thus cleered, itt fol- loweth to p̱ceed in the advanceinge of the Plantac̃on. The foundac̃on wherof is the gettinge of monnyℯ beinge the Synews and moving Instrumts in these greate Actions.

Monny

ffower wayes ther are of gettinge in monneys, The first & most certaine is by the Lotteries wch must be continued till the end of this yeare, if there may be found places so many where to keepe them.

1

The Second is the by Debts due to the Company vppon subscripc̃ons wherof ther remaynes yett sixteen Thousand pounds. [139]

2

This yeare itt is to be hoped they wilbe chearfully paid especially if there be good order in Solicitinge the parties, To wch end I wish that a Collecc̃on be made of all those Debts remayninge to be divided after- ward into three parts accordinge to the seuerall quallyties of the p̱sonns indebted; The ffirste Noblemen, The second Knightℯ and Gentlemen, The third Marchants and other Cittizens—And that the Solicitinge therof be Comitted to Three choyse payre of Gentlemen and Cittizens, each suted to their fittest p̱ts And those that are or shalbe in the Cittie to be solicited in p̱sonns the rest by ɫres to be prepared by these Solicitors and signed as heretofore by all the Auditors wherin allso this discrec̃on is to be observed to begin wth the best Debts first and so to the other.

Sr Edward Sackvill.
Sr Iohn Dauers.
For ye Lordℯ Sr Robt Killigrew.
Sr Thomas Roe
mr Brooke.
Sr Henry Rainsforde.
mr Gibbes
For ye Knightℯ & Gentlemen mr Berblocke.
mr Wrote.
Sr Iohn Wolstenholme.
mr Iohn Ferrar Dept.
For Marchantℯ & Cittizenℯ mr Richard Caswell.
mr Daniell Darnelly.

The third way of getting in monny wilbe from the Accomptants of which kinde of Debts I suppose ther will fall out much to be due, this is in charge of the Auditors.

3

The fowerth kinde is the remayne of the monneys by Collecc̃ons there beinge yett nine Bishopps from whome nothinge hath come in. There must be some therfore appoynted for the soliciting of their Lops.

Sr Edward Sackvill.
For ye Solicitinge of ye Lord Bishopps Sr Dudley Diggs.
mr Morice Abbott.

4

[140] Haveinge made these preparac̃ons wee are in the next place to p̱ceed to the imployinge of these monneys to the benefitt of the Plantac̃on which is to be done in three kindes, ffirst in Supplies of People. 2: In supplies of Cattle of all sorts, 3 and lastlie in pro- visions for settinge vpp the best and richest Comodities.

People

ffor people I advise that this yeare there be sent att the publique charge to Virginia 800 choyce p̱sonns. vizd.

400 Teñntℯ to the Companies Land to make them vp full five hundred wherof 200: to be placed att Elizabeth Cittie with the Deputy 100 att Henrico 100: att Charles Cittie, and att Iames Cittie there are all redie 100:
100 Teñntℯ to such officers Cr. as the Courte hath and shall appoynt vizd. 10: to the Deputy of the Colledge, 40 to the Com- panies Deputy 20 to the Secretary, 10 more besides 50 all redie sent to the Mynisters and 20 to the Phisitian.
100 young maydes to make wives as the former 90 lately sent. 100 Boyes more for Apprentizes likewise to the publique Teñntℯ.
100 Servants to be disp̱sed amongst the Old Planters wch they exceedinglie desire and will pay the Company their charges wth verie greate thankℯ.

These people are to be procured as they have formerly beene p̱tlie by a printed publicac̃on of the supplies intended together wth ye Con- dic̃ons offered to these publique Tennantℯ, partly by help of such noble frends and others in remoter parts as have formerlie given great assistance beinge desyred in the like kinde, This Ship now in pro- viding being dispatched wth 120 Personns the rest may follow after in the very begininge of the Springe. 1

This publication was included in the Declaration of June 22, 1620. List of Records, No. 183, page 141, ante.

Touchinge Cattle Cr these are requisite to be sent

Cattle

The providinge of these and all things necessarie for them is to be referred to the care of the generall Comittees yett so that some be p̱ticulerly appoynted to the seuerall parts and kindes.

mr Iames Bagg.
For ye Kine Goatℯ and Mares mr Richard Wiseman.
mr Iohn Blande.
mr Abraham Chamberlyn.
For ye Asses mr George Chambers.
mr Iames Bagg.

Prouisions necessarie for ye settinge Vpp of ye Staple Comodities are these.

ffor Silke to p̱cure great store of Silkworme seed aboute Michaellmas next and men skillfull in the orderinge of the Wormes and their Silke to be sent away in a Pinnace in October betimes.

Comodities.

ffor Oyle besides great quantities to be made out of their great store of Wallnutℯ Olive plants may be allso p̱cured from Mercellis and Ligorne.

ffor Wynes to procure men skillfull in the plantinge and dressing of Vynes outt of ffraunce and from the Rhene, from thence allso to p̱cure plants as likewise from the Canaries.

ffor Hemp and Flax, Sope Ashes, and Pottashes Pittch and Tarr to p̱ceed in the treaty wth mr Moore who hath offered to p̱cure men skill- full in those Trades from the Easterne parts.

ffor Fishinge first to sett vpp mr Pountus againe by making vpp a Stock of 1000li wherof the one halfe to be from those former Adven- turers a fourth from the Compa: and a fourth from the Southampton Hundred.

Secondlie by generall petic̃on vnto his Matie: to preserve the ffishinge att Cape Codd free & indifferent to both the Collonies as was intended in ye first Pattent.

ffor Salt if men skillfull in makinge itt in Pitts and by the Sunn be not to be had att home to p̱cure them from ffraunce and by all meanes to sett forward the makinge of itt in aboundance beinge a very great help to encrease the Plantac̃on.

ffor Iron theris sufficient done allredie. [142]

And for Sawinge Millℯ besides those allredie gone this Springe there are lately com from Hamburrough fower men very skillfull to be sent in the next Ship.

Sawinge Millℯ.

Itt is verie necessarie for the benefitt of the Collony that divers skill- full Millwrights be provided and sent to sett vpp Corne watermillℯ in the seuerall parts of the Collony.

Mill Wrightℯ

Itt is allso convenyent that the Deputie for the Company have a Pin- nace and other Boats belonginge to him to traffique and trade for the Company and their Teñants vnder his charge.

Deputy is allowed a Pinnace for trade and traffique.

ffor these Staple Comodities besides the generall Comittees who are to take charge of the wholl some seuerall parts are to be Comended to divers p̱ticularr p̱sons.

for The Silkworme seed Oliue Plantℯ and Vines mr Abr: Chamberlin.
mr Rich: Wiseman.
For Salte men mr Arthur Bromfeild.
mr Abra: Chamberlyn.

The last matter butt of great difficultie and cheife importance is the establishinge of good gouerment in the Collony for Religion, Ius- tice and Strength together wth their effectℯ, Peace, Plenty and Prosperitie.

Gouerment

This parte requireth the serious consultac̃on of the Counsell & the great labour of learned and iuditious Comittees that being reduced into a bodie of Lawes and Magestracie itt may be first p̢sented to his Maties: vewe and beinge there approved may receave confirmac̃on allso of a Quarter Courte, and lastly the assent and ratificac̃on of the Collony.

Some small dyrecc̃ons herin I wilbe bould to offer, I wish that a Com- ittee be made of twelue select p̱sonns for the Compylinge into a bodie the Politique Lawes and Magistracie of England—necessarie or fitt for that Plantac̃on wch p̱t to be com̃itted to fower learned gentlemen pro- fessors of the Lawe. [143]

The Second to be a like collecc̃on of Orders and constituc̃ons allredie in beinge wch are prop̱ and peculier to this Collony. Wherin first to gather those that are to be found in his Mãties ɫeres Pattentℯ and Instrucc̃ons. Secondlie those that are conteyned aswell in the Booke of the orders for the Company as allso in the seuerall Charters, Com- issions, and Instrucc̃ons, sent to Virginia. Lastly such orders as themselvs there have made in their generall Assemblies All wch beinge likewise desgested into order and conferred and interlaced wth the laws of this Realme itt will be redie easie to see in a veiwe of the wholl Body what Lymme or Synewe is redundant or defective as well for Lawes as Magestracie wherof a reformac̃on or a supply to be made agreeable to ye rest This parte is to be commended to fower other such as are skillfull in all the affayres aswell of the Company here as of the Collony in Virginia, And thus much for matter of the Generall Govermt.

Constituc̃on for ye generall Gouermt.

A Thirde parte remayneth of the p̱ticularr Gouermt by way of Incor- porac̃on for every Cittie and Burrough wch I wish may be for all of one and the same modell vniformitie beinge not onely a nourisher of Amytie butt allso a greate ease to the Generall Gouerment. ∥This p̱te is to be comitted to fower Comittees expert in the gouernment∥ of the Corporac̃on of this and other Citties of this Realme to frame out of them a forme moste fitt for yt people.

Perticular Gouer- mt of each Cittie.

These p̱ticuler Comittees haveinge brought their laboures to an end they are then to meete and out of these p̱ts to make an wholl entire bodie of Lawes and Magistracie for that Gouermt. to be presented by them to the Counsell and being ther reformed or allowed to pass on to the gracious veiwe of his Matie:

Counsell to peruse the said Lawes.

And here I wilbe bould to putt the Councell in mynde of one princi- pall parte of their dutie and Oath to have care by wise and pollitique constituc̃ons to hold the Collony in assurednes of firme and p̱petuall loyalltie to his Matie, and this Crowne, wch Cautian in regard of the farr distance of that place I hold to be necessarie. [144]

Lawes to hold ye Collony in obedi- ence to his Matie

ffor matters of Religion I thinke itt requisite that the Compa: desire direcc̃on from the Lord Archbishops grace and the Lord Bishop of London they beinge both of the Company and my Lord of London of the Counsell allso.

Religion

ffor matter of strength by way of ffortificac̃on I referr to ye treatie wth mr Englebert.

Fortification.

The Millitarie discipline requires a Comittee by itt selfe of men most iudicious in that profession.

Millitary disci- pline

These things p̱formed the Plantac̃on I nothinge doubt will prosper and our selves give good Accompt of our p̱ceedings to his Mãtie:

Sr Thomas Roe.
mr Christo: Brooke.
For ye Lawes of England mr 1

Blank space in the manuscript.

Seldon.
mr Edw: Herbert.
mr Phillip Iermyn.
Sr Edwin Sandys.
Sr Iohn Dauers.
For ye Orders for Virginia mr Iohn Wroth.
mr Sam: Wrote.
mr Robtt Heath Recorder.
mr Robtt Smith.
For ye Perticular Corpora mr Nicho: Ferrar.
mr William Cranmer.
mr George Chambers.
Sr Edw: Sackvill.
Sr Dudley Diggs.
For Millitary Discipline Capt: Bingham.
Capt Lawrence Maisterson.
Capt Iohn Bargraue. [145]
The charges of this Project are estimated thus.
500. Tenantℯ att 16li: the personn 8000li
300. Maides, Boyes and Servants 2000li
200. Kine att 10li the head 2000li
400. Goates att 3li 10s the Goate 1400li
020. Mares att 15li a peec 0300li
080. Asses att 7li 10s a peec 0600li
A Pinnace 0250li
Settinge vp the fishinge of mr Pountus 0250li
Procuringe of Vigneroones, Saltmen, for Silkwormes, for Flax, for Hempe, Pottashes, and Sopeashes wth plantes & all Materiallℯ 1000li
Discharging ye olde Debtℯ yet remayninge of Sr Thomas Smithℯ time 2000li
Totalliℯ 17800li
Meanes of raysinge this sum̃, as may be reasonably estimated.
By Lottaries 8000li
By Debtℯ vppon subscripc̃on one third parte 5300li
By Collectionℯ for ye Colledge 0700li
By Debtℯ vppon Accomptℯ and Reckoningℯ 4000li
18000li

Memorandum that in the Auditinge of Sr Thomas Smiths Accompts itt was Offered by the Auditors that such Difficulties and errors as should occurr, they would from time to time impart to the Auditors chosen by Sr Thomas Smith and if by their help ye points might be cleered they would rest so sattisfied: if otherwise accordinge to the generall orders they would bring them to the Courte from thence to receive resoluc̃on and sattisfacc̃on ∥direction∥. [146]

difficulties or er- rors in Sr Tho: Smiths Accomptℯ are to be imparted to ye Auditors chosen for him.

In handlinge of these buisinesses Sr Thomas Wroth verie vnseasonablie (as was thought by the Courte) interposed some mat- ters of question aboute ye settinge downe of this proceedings in dis- centinge from the whole Courte aboute the acquitinge of Captaine Brewster wch was iustified by Sr Edward Sackvill now trulie sett downe haveinge beene form9ly mispenned by Sr Thomas Wroth and the former Secretarie. In fine ye Court deliu9ed their opinion that Sr Edward Sackuill and mr Deputie had sett itt downe verie truly and that Sr Thomas Wroth was in the wronge & deserved blame.

Sr Tho: Wroth ex- cepc̃onℯ against ye pening of ye Order by Sr Edward Sackvill Cr

A ɫre was presented to the Courte from the La: De Laware signifiing that Capt Argoll had wrongfully taken away certaine of her goods from her late Husbands servants in Virginia for wch hee hath as yett given no Accompt; whervppon the Courte thought fitt to con- sider therof and to warne the said Capt Argoll to the Court vppon Wednesday next.

A ɫre from ye La: Lawar against Capt Argoll for detey: herseruantℯ goodℯ.

Sr Iohn Dauers, and Sr Thomas Roe are appoynted Comittees to drawe a generall ɫre to his Matie: to preserve the ffishinge at Cape Codd free and indifferent to both the Collonies as was intended in the first Pattent and beinge drawne to present the same att the next Courte vppon Wednesday.

Comittee fordraw- ing ye generall ɫre to his Matie con- cerning a free fish- inge att Cape Codd.

Itt was likewise then desyred that itt would please my Lord: Cauen- dish & Sr Iohn Dauers to draw an other generall Petic̃on vnto his Matie concerninge the late Proclamation against the generall & vnlym- ited importacon of Tobacco Cr. wch the Courte conceaved would tend to the vtter ouerthrow and destrucc̃on of both Plantations. 1

The petition and the Order in Council allowing a sole importation of tobacco appear in the Privy Council records of April 5 and 10. A printed proclamation for the restraint of the disordered trading for tobacco was issued June 29. List of Records, Nos. 167, 168, 184, 185, pages 139 and 141, ante.

Com̃ittee for draw- inge a Petic̃on to his Matie: concern- ing ye Proclama- c̃on Cr.

A moc̃on was made by petic̃on that the Compa: would please to graunt vnto the petic̃oners now bound for Virginia that they may have a warrant to take in provision and certaine peeces of Ordinance fitt and necessary for a Plantac̃on as likewise two Comissions for the Maisters and Owners of the Ships such as in like case is vsually graunted by the Company, wch was generally condiscended vnto wth order that the Seale should be thervnto affixed. [147]

warr̃nt to take in prouisions and cer- taine Peeces of ordinance.

2 Comissionℯ for Shipps

The Courte was pleased vppon request to appoynt these Comittees for drawinge of Mr Somerscales Pattent vizd. Sr Iohn Dauers. Mr Herbert Mr Deputy Ferrar, Mr Gibbes.

Somerscales Pat- tent.

A moc̃on was made likewise for a Pattent to be graunted to Sr Thomas Weynman and his Associates to plant in Virginia.

Patent for Sr Tho: Weynman.

Sr Iohn Dauers moved that the Courte would please to give order for drawinge a Pattent for Sr William Mounson and his Associates that they may have for Seaven years the sole benefitt and transportac̃on of two such new Comodities as they shall discouer plant or finde out in Virginia not being yett discouered planted or found outt by any other for wch they offerred to pay one Hundred pounds p̱ Annũ and to plante twenty five men every year during ye said Tearme And moved further likewise that six of the Pattentees in regarde of the great charge they must be att for this discouery might be free of the Company.

Pattent for Sr Wm: Mounson.

6. of ye Pattentees to be free of ye Company.

The Courte haveinge duely considered of the premises did generallie condissend thervnto, and gave order that the Pattent should be drawne accordinglie, Provided thatt the names of the Six Pattentees that are desired to be made free as aforesaid be first made knowne vnto ye Courte and allowed: Provided allso that there be an excep- tion in the Pattent of all Mynes there and a restrainte that they intermeddle not with any Lands allredy possessed.

My Lord of Southampton delivered certaine petic̃ons vnto mr Deputy Ferrar to be consydered of by the Comittees. [148]

Peticonℯ referrd.

12 IULIJ 1620 Att a Generall Courte helde in the afternoone for Virginia the 12th Iulij 1620

Present the Right Honoble͠:
Earle of Southampton Tr̃er. Sr Thomas Roe.
Lord Cauendish. Sr Edwin Sandys.
Lord Sheffeilde. Sr Iohn Dauers.
Lord Haughton. Sr Robert Killigrew.
Sr Edward Sackvill. Sr Phillip Carey.
Docter Meddowℯ. mr Challoner. mr Widdowes.
Thomas Gibbes. mrWrothsbie. mr Couell.
Xo: Brooke esqre. mr Ayscough. mr Berblock.
mr Io: Ferrar Depty. mr Cartwright. mr Wiseman.
mr Samuell Wrote. mr Nicho: Ferrar. mr Boothby.
Dr Anthony. mr Whitley. mr Cranmer.
Peter Humble. mr Foxton. mr Tomkinℯ.
Wm Oxenbridge. mr Pett. mr Edwardℯ.
Captaine Argoll. mr Bull. mr Gardner.
mr Abbott. mr Chambers. mr Woodall.
mr Hanforde. mr Palmer. mr Benson.
mr Caswell. mr Mellinge.
mr Swinhowe. mr Cuffe.
mr Arundell
wth divers others.

Sr Edwin Sandys signified vnto the Courte that hee had received notice that my Lord of Southampton was vppon some speciall occa- sion wth the Lords of the Councell and could not be present heere till three of the Clock whervppon itt was agreed that the petic̃ons exhib- ited vnto this Courte should in the meane time be read and considered of and accordinglie receive all their answer.

My Lo: of South- ampton.

Peticonℯ to be read.

Vppon the humble Petic̃on of Iohn 1

This word was originally written John, and an a is written over the o.

Selsby that her husband Thomas now in Virginia might returne wth the firstpassage for England, who went ouer wth Captaine Lawne as a voluntary att his owne charge haveinge here a wife and 4 Children in great distress for want of means vppon whome his ffather a verie aged man will bestowe some thinge att his returne, the Court is pleased to graunt her request for her said husbands returne home.

Thomas Selsby to returne for Eng- land.

Touchinge mr Peirce his petic̃on for two hundred pound of ye Com- panie formerly ordered to be paide to mr Rolfe to his vse as by the bill of [149] Exchange vnder the Cape Marchantℯ hand may appeare wch monny is not yett paid as hee affirmeth, The Courte therfore hath referred the further examinac̃on of his said petic̃on vnto the Auditors who are to certifie the truth therof vnto the Courte.

mr Peirce his peti- c̃on referd to ye Auditors

Vppon the request of Captaine Warde for the returne of Luke Burden into England now deteyned in Virginia for takinge a way certaine goods from the Indians there The Courte was pleased to order that a letter should be write to Sr George Yeardley Gouernor of Virginia to p̱mitt the said Luke Burden to come ouer if hee be onely deteyned for that ffact (and no other) wth wch Capt Warde stood himselfe charged and was by fauore acquited.

Luke Burden to com for England

A moc̃on was made wch was generally agreed vnto that those that go ouer to Virginia as Planters should first take the Oath of llegiance to be administred vnto them by some cheife Magestrate there where they shall embarke themselvs who by letter from hence should receive direcc̃on to administer the same and to returne their names to be entred here in a Register Booke for that purpose to be kept.

Planters to take the Oath of Alle- giance

Mr Ayskough acquainted the Courte that hee had himselfe paid into Sr Thomas Smith att two seuerall payments 75li in monny as by his bills theirof appeared butt hee found that hee was entred 12li:10s:00 short of ye said some for wch hee now craved allowance, whervppon the Court ordered that itt should be referrd to the examinac̃on of the Auditors to certefie therof.

mr Ayskough re- ferrd to ye Aud- itors.

Thomas Kiddar of London Sheremaker in his petic̃on desyred that his sonne Thomas might returne for England (beinge the Apprentice of one Ienkinson of London Haberdasher for vij years as by his Inden- ture enrolled may appeare vnto whome his said ffather gave his bound for his trueth and abode with him wherof hee nowe stands in daunger his said Sonne beinge entysed away by one Edward Cross to goe ouer with him to Virginia where hee enhabited) the Courte here vppon ordered that the Petic̃on be referred to the Comittees vizd mr Case- well, and mr Berblock who are appoynted to examine the same and to certifie therof accordinglie. [150]

Tho: Kiddar his petic̃on referrd to ye Comittees

Elizabeth Smale Widdowe in her petic̃on desyred that the Company would please to take into their hands the dividend allotted vnto her Husband in Virginia in considerac̃on of his Eleaven years service thervnto the Company that they would bestowe vppon her some monney to discharge the Debt beinge 15li vnto a Chirvrgion vnder whose hands shee hath continued ever since her cominge ouer, And further craveth a stipend for her better mayntenance duringe her life, The Courte heer vppon ordered that shee should addresse herselfe to Captaine Argoll to examine the truth of her said petic̃on and to certifie therof accordinglie.

Eliza: Smale to ad- dress herselfe to Capt Argoll.

Thomas Wale Mercer in his petic̃on sheweth that wheras hee hadd engaged himselfe to pay butt 25li Adventure towards a Second ffish- inge Voyadge vppon the North Coast of Virginia hee informeth that mr Spruson and mr Webb (who is now dead) and through their inces- sant imp̱tunytie vniustly drawne from him att two seuerall payments 75li more then his said Adventure wch made itt vpp one hundred pre- tendinge that hee had subscribed for payment of so much; Whervp- pon the Court ordered that 1

A blank space in the manuscript.

Spruson who is yett liveinge should after a fortnights lawefull warninge given him bring in his Accompts to the Courte to be audited, and in defect of a Courte to the Deputy and generall Comittees.

Tho: Wale Mercer

Mr Spruson to bringe in his Ac- comptℯ.

Elizabeth Barkly in her Petic̃on desyred of the Compa: 100li in p̱t of payment of a greater Some due vnto her Husband and that they would give order to the Auditors to hasten the examininge of her Accompts. Whervppon the Court condiscended to pay her 100li assoone as mon- neys came in provided that shee give securitie to repay the same againe if vppon the Auditinge of her Accomptℯ itt were found not to be due vnto her.

100li to be paide to Elizabeth Barkley

Iohn Wood in his Petic̃on desyred that the Courte would please in regard hee is resolved to inhabite in Virginia, to graunt him 8 Shares in Elizabeth Riuer, for 8 Shares of Land formerly graunted vnto him, because theron is Timber fittinge for his [151] turne, and water sufficient to Launch such Ships as shalbe there built for the vse and service of the Company; The Courte herevppon hath ordered and agreed to recomend the considerac̃on of the premises vnto the Gou- ernor and Counsell of Virginia to deale therin as they shall thinke fitt.

Iohn Wood recom- ended to ye Gou- ernor & Counsell of Virginia

Thomas Moreman signified in his Petic̃on that hee went to Virginia in a Ship called the Bona Noua in the yeare 1619 in the Companies service wherin hee still remayneth vnder the Comaund of Captaine Mathewℯ. Butt for so much as hee hath now sattisfied the Company the charge they have been att in placeinge him there as their Ten- nant, hee desyreth his freedome and withall that proporc̃on of Land as is vsually allotted to others in the like kinde wch the request the Courte thought verie reasonable and did generally assent therevnto.

Tho: Moremanℯ petic̃on graunted.

My Lord of Southampton beinge now com to the Courte declared that his absence and long stay was aboute buisines of ye Companies and that hee had receaved a gracious answere from his Matie: concerninge their petic̃on against the restraint of Tobacco who was pleased to affirme that itt was never his meaninge to graunt any thinge that might be preiudicall to any of both those Plantac̃ons and therfore had referrd itt to the Considerac̃on of the Lords of the Counsell, wth whome my Lord of Southampton saide hee had beene all that while, and that their Lops: desyred that certaine of the Company might attend the hearinge of the cause vppon fryday next in the afternoone. wch the Court generally assented vnto.

ye Lord of South- ampton Com to Courte

a gratious aun- swere received from his Maty: con- cerninge ye re- straint of Tobacco.

After the Actℯ of the former Courtℯ were read Captaine Argoll took occasion to except against some certaine words of an order touchinge him att the last Quarter Courte held in the Afternoone, alledging that hee did never vnduely taxe the Company as that order did declare. Whervppon the Courte evidentlie made itt appear vnto him yt hee was in an error, and thervppon did iustifie the said order to be truly sett downe. [152]

Capt Argoll iusti- fied to be in an Error

Vppon Capt Argollℯ request the Courte was pleased to give order vnto the Secretary to deliver him Coppies of Orders concerninge him- selfe and Captaine Brewster.

Capt Argoll to haue Coppies of Orders concerninge him- self & Capt Brews- ter

Itt was vppon moc̃on ordered and by erecc̃on of hands generally assented vnto that the Courte in respect of many buisinesses yt were to be dispatched should be continued till all matters were determyned.

The Courte con- tinued

These Comittees beinge chosen the last Quarter Courte butt not sworne did now take their Oath, vizd, mr Bland, mr Wiseman, mr Whitley, mr Clerke; And the Secretary in like manner being then chosen did allso now take his Oath.

Comittees sworne.

Secre: sworne.

Mr Robert Somerscallℯ Proiect concerninge the curinge and ordering of Tobacco beinge now putt to the question whether itt would please the Company to allowe therof, and to giue order for drawing his Patent was generally approved and by erecc̃on of hands ratified and confirmed.

Mr Somerscallℯ Proiect allowed.

Concerninge the Proiect for makinge of Drinck in Virginia being an artificiall wine made of vegetable growinge there naturally in great plenty Itt is referred to these Comittees to consider therof vizd. Sr Iohn Dauers, Mr Doctor Anthony Mr Doctor Gulstone Mr Deputy, Mr Smith, Captaine Bargraue Mr Darnelly, Mr Whitley, who are to make reporte of their opynions herein and to compound wth the Author as they shall thinke fitt. 1

A discussion of this project is given in List of Records, No. 186, page 141, ante.

The Proiect for makinge of Drinck in Virginia referrd to the Comittees.

Vppon a moc̃on made order was given for the graunt of a Comission to mr Tracey and that the Seale should be there vnto applyed. 2

This commission is cited in List of Records, No. 189, page 142, ante.

Comission to mr Tracey

Another likewise to the Mr of the Bona Noua.

Another for ye Bona Noua.

Another allso to Sr William Mounson and his Associates.

Sr Wm Mounso n.:

Itt was allso agreed that accordinge to a moc̃on made a Pattent should be graunted to mr Pelham and his Associates for Transporting &r plantinge of a Collony in Virginia. [153]

A Pattent to mr Pelham

These matters beinge ordered as aforesaid my Lord of Southampton desyred the Company that they will now wth the same alacritie & cheerfullnes of mynde as they should ever finde in him goe on to the dispatch of those waightie buisinesses com̃itted to their care and charge, wch for expedic̃on sake were divided into parts and comended to seuerall Com̃ittees here vppon the appoynted Com̃ittees promised with all care and dilligence to expedite the same accordinglie, his Lop: desyred further that a speciall Comittee might be desyred to attend the LL͠s of his Mats: Counsell vppon ffryday next about the Petic̃on referred by his Matie: vnto their ll͠ps: concerninge the restraint of Tobacco whervppon these Comittees were nõiated vizd

Sr Edward Sackuill. mr Deputy. mr Nicholas Ferrar.
Sr Edwin Sandys. mr Gibbes. mr Cartwright.
Sr Iohn Dauers. mr Wrote. mr Ditchfeild.
Sr Phillip Cary. mr Cranmer. mr Casewell, &
mr Brooke. mr Berblock.
Who are all appoynted to meet for a Consultac̃on att Sr Iohn Dauerℯ house vppon ffryday next halfe an hower after twelue. And are then & there allso to consider of the petic̃on concerninge the ffishinge att Cape Codd to be exhibited likewise to the LLs.

my Lo: of South- ampton request to ye company to goe on cherfully Cr.

An extraordinary Courte Helde 18th Iulij 1620 Ther Beinge

Present.
The Right Honorable Earle of Southampton.
Sr Edwin Sandys.
Sr Iohn Dauers.
mr Gibbes. mr Cranmer. mr Tomkinℯ.
mr Dept Ferrar. mr Darnelly. mr Wellℯ.
mr Wrote. mr Whitley. mr Swinhowe.
mr Dr Anthony. mr Ditchfeild. mr Leuer.
mr Robert Smith. mr Casewell. mr Couell.
mr Sheppard. mr Berblock. mr Felgate.
Capt Bargraue. mr Hopton. mr Barnard.
mr Iohn Smith. mr Ruggle. mr Widdowes.
Capt Nuce. mr Couell. mr Ab: Chamberlyn.
mr Chambers. mr Abdy. mr Sywarde.
mr Aires. mr Mellinge.
mr Nicho: Ferrar. mr Poulson.
mr Wiseman. mr Morewood.
mr Baynam.
mr Penistone.
mr Vyner.
mr George Smith.
mr Woodall.
mr Ewins.
mr Sparrow.
mr Robertℯ
and mr Arundell. [154]

The Courte takinge into Considerac̃on the treatie wth the vndertakers for the sole sellinge of Tobacco fyndinge the proporc̃on for Virginia to be so small as not possible to be divided amongst such a multitude of people wth any shaddow of Content, and consideringe that the Som̃er Ilands haveinge no meanes to subsiste butt meerly by the vent of their Tobacco will stand in need of all help wch in that kinde may be given them have consented that the wholl 55000 waight of Tobacco allowed to be vented in this Realme by both the Plantac̃ons shalbe appro- pryated to that of the Somer Ilands alone, And themselvs shall humbly submitt themselvs to his Maties: royall pleasure declared in his last Proclamã and forbear to bringe any Tobacco att all this yeare nothinge doubtinge butt his Maty: in his Princely Considerac̃on will Comisserate ye Estate of the poore people in that Plantac̃on and restore them to their liberty when hee shall see time convenyent, In the mean season p̳testinge against the Vndertakers of this late Proiect tendinge not onely to the hurt butt allso to the vtter ruyne of both the Plantac̃ons.

The sole sellinge of Tobacco.

ye 55000 waight to be appropriated only to ye So: Ilandℯ Company

The Courte beinge resolved as aforesaid to forbeare the bringinge into England any Tobacco from Virginia this yeare butt to send the same to fflushinge, Middlebrough or any other parts to be vented there did appoynt these Comittees here vndernamed to consult and resolue of the fittest Course to be taken for providinge of a Magazine or Store- house there, and to treat wth the States ther by letters for the bring- inge in and carryinge outt of the Tobacco att the easiest rates. And to consider of the best meanes allso for the orderinge and Sale therof by ffactors to the moste advantage of the Company, vizd: all the gen- erall Comittees assisted wth Sr Iohn Dauers, Mr Wrote, Mr Gibbes, Mr Berblock, Mr Chamberlyne, Mr Cranmer, Mr Sheppard, Mr Wise- man Mr Deputy, Mr Smith, Mr Chambers, Mr Clarke, Mr Nicho: Ferrar Mr Casewell, Mr Mellinge.

A Com̃ittee to con- sider of ye fittest course for a Maga- zine or Storehouse att fflushinge Cr.

These Comittees are appoynted to attend the Lord Arch Bishope of Caunterburie wth the Declarac̃on of the Supplies intended to be sent to Virginia this year Cr, and shew the amendment there vppon sub- mittinge the considerac̃on therof vnto his Grace to dyrect what hee shall thinke to leave outt or putt in, And wthall to move his grace that the Booke now p̳hibited by his gracious Comaundemt may againe passe abrode and be published, vizd mr Gibbs, mr Deputy, mr Berblock and Captaine Bargraue. [155]

Com̃ittees to at- tend ye Lo: Arch- bishop of Cant.

Mr Doctor Anthony haveinge brought two bills of Adventure of xijli xs a peece, the ffirst from Ambros Austin of High Holborne the other from Ioane Dawkes widow both vnder the Companies Seale and allowed of vnder the Auditors hands beinge now desyrous to have them passe the approbac̃on of this Courte was accordingly graunted and confirmed.

2 bills passed to Dr Anthony

Mr Edward Kirbie who went to Virginia in the Bona Noua in Iune last wth an intent their to plant att his owne charge where hee hath alredy lefte a Serṽnnt whose passage hee paid for, ∥as by∥ a certificate appears & beinge returned wth a purpose to transporte more people thither was now allowed to be ffree of this Company and order given to mr Deputy to certifie so much to the ffermer of the Custome.

Mr Edward Kirbie allowed to be made ffree.

Itt was moved and generally assented vnto that a ɫre should be drawne to the Gouernor and Counsell for Virginia signifyinge the graunt of a Pattent vnto Sr William Mounson and his Associates accordinge to an order of a former Courte wch ɫre beinge so drawne itt was referred to Sr Iohn Dauers and mr Deputy to mend and make itt agreable to the said Order of Courte.

A ɫre: to be writ- ten to ye Gouernor to signifie of a Pat- ent graunted to Sr Wm: Mounson.

Concerninge Mr Wye his petic̃on although the Courte had iust cause to reiect the same in regard hee had wronged the Company in the verie title therof by tearminge this soe worthie a Societie and Corpo- rac̃on no better then Traders to Virginia, and grounded his Petic̃on likewise vppon vntruthes in denyinge any Comission to be graunted vnto him or that hee hadd done the Company any Damadge wch was apparantlie approved against him yett if the said Wye would acknowl- edge his grosse error in ye direcc̃on of his said Petic̃on and amend the same, and withall submitt himselfe to the awarde and sentence of the Courte concerninge the differences between him and the Company, and concerninge the sute betweene him and mr Deputy the Courte would then allow of his Petic̃on and take itt into their considerac̃on otherwise did vtterly reiect the same.

yf mr Wye will ac- knowledge his er- ror in his Petic̃on and submitt him- selfe to ye award of ye Courte it shalbe allowed.

Reporte beinge made vnto this Courte that mr Woodall had scandal- ized the booke lately sett out by his Mats: Councell for Virginia by a most disgracefull Tearme in callyng itt a lybell wth wch hee being charged sought by a rediculous interpretac̃on of that word accord- inge to the sense itt bears in Latin in some sorte to extenuate and excuse. [156]

reporte of mr Woodallℯ Scan- dall of ye printed Booke

Butt for that itt was further allso laide to his charge that hee had impudentlie cast a foule asperc̃on vppon Sr Edwin Sandys Knight in sayinge hee did butt vsurpe the Authoritie of the Courte; The Com- pany were herewith exceedingly moved and here vppon did forthwth order ∥that∥ the examinac̃on of both his disgracefull Scandalls should be referred to the censure of the next Quarter Courte And in the meane time hee should remayne suspended from the Courts.

A fowle aspertion cast by mr Wood- all vppon Sr Ed: Sandys

The examinac̃on of both his scan- dalls to be referred to ye next Quarter Courte

Mr Paulson assigned 2 bills of Adventure one to mr Andrewes the other to mr Greene.

Mr Paulson j bill to mr Andrews 1 to mr Green.

Mathew Seizemore haveinge desyred the Courte to doe her right for that shee had payd for her passage and yett was att the charge of victuallinge herselfe The Courte ordered that right should be done her accordinglie as itt had been to others in the like case.

Right ordered to be done to Mathew Seizemore.

Iohn Grocer and Susan his wife peticoned that their sonne Iohn might returne for England wch was graunted and subscribed vnto by ye Earle of Southampton.

Io: Grocer to re- turne for England

Att a Courte helde ye 4th of Nouember 1620

Present ye Right Honorable
Earle of Southampton. Sr Edward Lawley.
Lord Cauendish. Sr Edwin Sandys.
Sr Thomas Roe. Sr Iohn Dauers.
Sr Williã Fleetwood. Sr Robert Killigrew.
Sr Ferdinando Gorges. Sr Io: Wolstenholme.
mr Gibbes. mr Barbor. mr Casewell. mr Iadwin.
mr Herbert. mr Bowyer. mr Ditchfeild. mr Chambers.
mr Seldon. mr Deputy. mr Rogers. mr Bull.
mr Bromfeild. mr Keightley. mr Berblock. mr Bland.
Capt Bargraue. mr Tomlynℯ mr Swinhow. mr Whitley.
mr Gulstone. mr Stiles. mr Mellinge. mr Seward.
Dr Anthony. mr Sheppard. mr Meuerell. mr Martin.
mr Cranmer. mr Paulson. mr Barkham.
mr Wellℯ. mr Palmer. & mr Arundell.
mr Robertℯ

My Lord of Southampton signified vnto this Courte that though for many important occasions his owne leasure served him not till now to keep Courte, yett hee doubted not butt those Comittees that hadd any buisines heretofore recomended vnto their p̱ticularr care and charge were now redie to give a verie good Accompt of their pro- ceedings therin accordingly. [157]

My Lo: of South- ampton

His Lop: further signified that hee had received breife ɫres of the saffe arivall in Virginia of all those Ships save one wch were sent the last Springe And that three of the best of them had made a prosperous Voyadge in six weeks or there aboutes, And that of 200 p̱sons trans ported in ye Ionathan there died aboue 16: Of 70: in the Swann of Barnstable not one, of 200: in the London Marchant but one onely, And that the Dutie in her long passage had likewise lost one; And lastly that of the number of the Cattle wch they then allso sent they had intelligence by the reporte of one man that they had lost tenn for wch they had againe in their passage 8 Calues, butt there was no certificate thereof as yett returned from the Gouernor.

Letters receiued of ye saffe ariuall of all ye ships saue one.

His Lop: haveinge desyred the Company to thinke of the preparac̃on of Ships to be sent this next Springe Mr Deputy gave notice of a verie good convenyent Ship called the Abigall of about 350 Tunn belonging to mr Bland, mr Wiseman, and some others brothers of this Societie that was now offered to goe vppon the same Condic̃ons that the Ion- athan and London Marchant did the last Springe, vizd. to Transporte in her 200 Persons and 50 Tunn of goods, for 700li: in hand and 600li vppon Certificate of Arivall in Virginia wch offer the Courte thought verie reasonable, and did generally assent thervnto.

The Abigall enter- tayned

Itt was likewise moved that for the more com̃odiousnes and for p̱curinge of ∥people∥ the better people that the Abigall might take in her people att the Ile of Wight: And that some other ships might be sent from Barnstable by the help of mr Delbridge who was reported to have deserved well of the Company for his care and paynes hith- erto afforded, wch mr Delbridge promised still to continue to the good of that Plantac̃on, and would vse his best endeavour to doe the Com- pany service, And therfore desired that the Court would be pleased for their better encourragment & enablinge of them to transporte their Passengers, to take some present course that hee might have free libertie to ffish vppon the Northren Seas as formerly they had done from wch as hee conceived they were vtterlie debarred by a late graunt from his Matie: to Sr Ferdinando Gorges and some others.

The Abigall to take in her people att ye Ile of Wight

Ships to be sent from Barnstable.

mr Delbridge de- sire to fish vppon ye No: Seas.

Whervppon Sr Edwin Sandys did intimate vnto the Courte yt hee was informed yt Sr Ferdinando Gorges had p̱cured vnto himselfe and others a new Patent (now passed his Mats: great Seale,) wherin cer- taine words were conveyed that did not onely contradict a former order of the LL͠s: of the Counsell, wch their Lps: after a full hearinge of the allegac̃ons on both sides and sett downe in Iune last by wch this Company had yeilded some p̱t of their right to doe them good, [158] and therby promised to ffish, onely for their necessities and transportation of People in tender regaurd of the infancie of that Plantac̃on butt by this new graunt the Adventurers of the Northerne Collony had allso vtterlie excluded them of the Sotherne from fish- inge att all vppon that Coaste without their leave and lycense first sought and obteyned, wch was contrary & manifestlie repugñnt to that comunitie and ffreedome wch his Maty: by the first Patent as is conceived hath beene pleased to graunt vnto either Collony. 1

The order to the Solicitor General for the preparation of this patent is mentioned in List of Records, No. 192, page 142, ante.

A new Patent p̱cured by Sr Fer- dinando Gorges.

The So: Colony excluded frõ Fish- ing in ye No.

The Courte therfore seeinge no reason why they should loose their former right graunted vnto them by the first Patent the Sea allso beinge to all as ffree and com̃on as the Ayre, and fyndinge less reason why Sr Ferdinando Gorges should now appropriate and make a Monopolie of yt fishinge wch had allredie cost this Company 6000li: and was the onely means lefte (now the Lotteries were allmost spent and other supply began to faile) to enhable them to transport their people and susteyne their Plantac̃on wthall: did wth a generall Con- sent resolve forthwith to petic̃on to his Matie: for a redresse herein, and to pray a further Declarac̃on of his highnes gracious pleasure and intention concerninge that Clause of prohibition and restrainte incerted in the New Pattent, wherby they were defeated of their libertie of ffishinge, Whervppon they appoynted theise Comittees to drawe the said petic̃on and to make itt in substance agreeable to those three poyntℯ Sr Edwin Sandys had deliu9ed in open Courte, And for that Sr Thomas Roe said that hee was the next day to goe to the Courte they desired him to p̢sent the same to his Maty:

A Peticon to be drawne to his Matie.

A Comittee todraw itt

Sr Tho: Roedesired to p̢sent itt.

Sr Edwin Sandys desyred the Company to consider how behoufull itt was to sett forth a printed publicac̃on that might in effect conteyne these fower poynts.

The printed Publi- cac̃on to Conteyne 4 poyntℯ.

First to solicite the Iustices of Peace generally for sendinge to this Company all such younge youthes of 15 years of age and vpward as they shall finde burthensome to the Parish wher they live wth the Sume of ffive pounds in monny towards a farr greater charge wch the Company must be att for their apparrell and transportac̃on into Vir- ginia wher they shalbe entertayned in good manner as servantℯ and apprentizes vnder the Companies Teñntℯ.

1

to solicite ye Ius- tices for sending of younge youthes.

The Second poynt to be in the behalfe of the Lottarie now of late very much disgraced that itt may be deliuered of many fowle asper- sions vniustly cast vppon itt by malignnã tounges: notwithstand- inge [159] itt is evident that the monney thereof arisinge hath sent allredie to Virginia 800 Personns to the great advancement of that Plantac̃on.

2

The Lottarie to be deliuered of many fowle Aspersionℯ.

Thirdly to hasten the dispatch of these things against Ianuary next.

3.

Fourthly to putt such Aduenturors in mynde of their subscripc̃ons as have not as yett paid in their monneys as likewise to intimate vnto them what authoritie and power the Company hath by his Maties: gracious ɫres Pattents to recouer the same by suite if they shall will- fully stand outt in poynt of Lawe and soe compell them to vse extreamities.

4

to putt in minde such Aduent. as haue not paid in theirsubscripconℯ.

Mr Delbridge moved that the Courte would be pleased to admitt one mr Reynolds to be ffree of this Company for wch favour hee would pay his xijli xs. wch request the Courte thought verie reasonable and ordered that hee should have a bill of Aduenture given him vnder ye Compa: Seale.

Mr Reynolds to be free and to haue a bill of Aduent: sealed.

My Lord of Southampton prayed the Comittees that were appoynted to make some necessary p̳visions for the setting vpp of the Staple Comodities in Virginia and §as§ likewise those wch were desyred to take some extraordinary paynes for the stablishinge of good gouer- ment there that they would please att the next Courte to give an Accompte of their proceedings in their p̱ticularr charges. In like manner the Comittees appoynted to examine Sr Thomas Smiths Accompts are desyred then allso to certifie what they have done in that buisines.

The Comittees for makinge some necessary prouis- ions for staple Comodities and ye stablishing of good gou9mt to mak report att y next Court

Itt was allso desyred that the Comittees appoynted to treat wth Mr: Englebert who ∥would∥ please to lett the next Courte vnderstand how farr they hadd proceeded with him on the behalfe of the Com- pany touchinge his demaunds for his intended service in Virginia, vizd Sr: Iohn Dauers, and mr Gibbes.

The Com̃ittee for treatinge wth mr Englebert to giue an Accompt att next Courte

Sr Edwin Sandis desired this Courte to take into their considerac̃on howe materiall and necessary itt was as well to suppress hereafter the inordinate excessive plantinge of Tobacco so generally distasted hitherto [160] as allso to encourage and harten them on the more ernestlie to plant such Staple Comodities as they are principally directed to apply to giue notice to the Collony in Virginia that the Company here will hereafter expect to be § re§paid for such servantℯ as they shall send ouer to them for Apprentizes in no other Comoditie butt Corne, Silk Coddℯ, Silkgrass, Hemp Flax and such other Staple Comodities, wherin hee that shall excell and abound moste by his good husbandry shalbe respected and rewarded therafte wth the first choyce of such youths and servants as shalbe sent thither for their vse this next Springe, ffor wch cause hee wished that a Comittee of Marchants skillfull in these p̱ticularr Comodities might be appoynted to sett such indifferent good rates and prizes vppon them now att first as might not onely make the Company here savors therby butt give the Planters allso better encouragment to improve and raise the same aboundantlie by their industry & labour Whervppon the Courte nominated these Comittees vizd.

mr Abraham Chamberlin.
mr Deputie. mr Edwardℯ.
mr Mellinge. mr Cranmer.
mr Wiseman. mr Blande.
mr Keightley. & mr Casewell, who are
desyred against the next Courte to returne their answere.

ye inordinate ex- cess of Plantinge Tobacco to be sup- pressed and other Staple Comodities to be planted.

Comittee

A moc̃on made that mr Markham Bookeeper might have some reward for his paines extraordinary in the service of this Company for wch hee was referred to the Courte by the Auditors to examine and make reporte therof accordingly.

mr Markham for some rewarde

Mr Spruson is desyred to bringe his Accompts concerninge the North erne Fishinge vnto the next Courte to be Audited wherof mr Webb is likewise willed to give Sr Thomas Smith present notice.

Mr Spruson to bringe his Ac- comptℯ.

Vppon the humble Petic̃on of Sr Richard Worsleep knight Baronett Nathaniell Basse gent, Iohn Hobson gentleman, Antho: Oleuan Richard Wiseman, Robert Newland, Robert Gyuer and William Wellis Associates and fellow Adventurers wth Capt: Christopher Lawne deceased the Courte was pleased to graunt vnto them and their heirs a confirmac̃on of their Old Pattent with all manner of pryve- ledges therin conteyned, and that the said Plantac̃on shall from hence forth be called the Ile of Wightℯ Plantac̃on, Provided that the heirs [161] of the said Christopher Lawne be no way p̢iudiced therby; And in regard of the late mortalitie of the personns transported heretofore by the said Captaine Lawne the Courte hath likewise given them till Midsomer 1625 to make vp the nomber of their said p̱sonns menc̃oned in their former Pattents.

Sr Rich: Worsleep knight & Barronet &c theire olde Pat- ent confirmed.

This Plantacon to be called ye Ile of wightℯ Plantac̃o:

Wheras by a former order of Courte in Ivne last vppon the humble petic̃on of William Wellis in the behalfe of the Executors of Christ: Lawne deceased in regard of the great losse and charge that the said mr Lawne in his life time hath bin putt vnto and susteyned in his pryvate Plantac̃on Itt was agreed to allowe him the passage of two men wch they agreed esteemed to be twelue pounds, wch monny was thought fitt should be paid by mr Webb Husband of the Company butt of the monney paid him by two Passengers transported in the last Ship to Virginia.

The passage of 2 men to be allowed Wm: Willis

Mr Golde parte Owner of the Falcon made a request vnto the Com- pany that the remaynder of the fraight of the said Ship might be paid vnto him, seeinge ther was notice given by word of mouth that shee was aryved in Virginia, Whervppon the Court thought fitt that accord- inge to his Charter parte itt should be payd wch was vppon Certificate vnder the Gouernors hand of the Arivall of the said Ship and deliuery of ye Goods and Cattle transported in her.

mr Gold to haue ye maynder of his fraught paid accordinge to his Charter parte

Captaine Mathew Somers haveinge peticoned that hee might enijoy the inheritance of his Uncle Sr George Somerℯ Lands in Virginia the quantitie of 30000 Acres alotted vnto his said vncle in recompence of his service and disbursments beinge as hee alleadgeth 1100li; The Courte ordered that if hee could make itt appeare that so much was due vnto his said Uncle (as hee had informed) hee should have right done vnto him accordinglie.

Capt Mathew Som̃- erℯ petic̃on for his Uncles inherit- ance.

The rest of the Petic̃ons were referred to the next Courte to be read and ordered. [162]

Petic̃ons referrd.

A Preparatiue Courte held ye 13th of Nouember 1620

Present
the Right Honorable The Earle of Southampton.
The Lord Cauendish.
The Lord Pagett.
Sr Thomas Roe. mr Bromefeilde. mr Edwardℯ.
Sr Phillip Cary. mr Iohn Smith. mr Barbor.
Sr Edwin Sandys. mr Wrothsbye. mr Cranmer.
Sr Iohn Dauers. mr Deputy. mr Swinhoe.
Sr Robert Phillips. mr Steward. mr Widdowℯ.
Sr Iohn Radcliffe. mr George Sandys. mr Mellinge.
Sr Walter Earle. mr Robert Smith. mr Delbridge.
Sr Frauncis Wyatt. mr Sheppard. mr Robertℯ.
Sr Edward Lawley. mr Keightley. mr Newporte.
mr Wroth. mr Nicho: Ferrar. mr Porter.
mr Gibbes. mr Leuer. mr Boothby.
mr Bawper. mr Wisemam. mr Sparrow.
mr Herbert. mr Blande. wth divers others.

fforasmuch as Captaine Som̃ers alleadged in his petic̃on that itt appeared vppon Record that Sr Georg Som̃ers his Vncle had disbursed 1100li towards the advancement of the Plantac̃on wch hee desyred might be repayd him as beinge his right Heire; The Courte gave order to the Secretary to search the books and certifie the truth thereof att the next Courte.

The Secretary to certifie ye truth of Capt: Somerℯ re- quest.

Sr Thomas Roe att the request of the Company haveinge delivered theire petic̃on to his Matie: made now a reporte of his highnes gracious answere thervnto, who said that if any thinge were passed in New England Patent that might be preiudicall to them of the Southerne Collony itt was surreptitiously donn and without his knowledge and that hee had bin abused therby, by those that pretended otherwise vnto him. Itt pleased his Matie to express as much in effect to my Lord of Southampton with many other gracious words in comendac̃on of this Plantac̃on, and signified further that his Maty: forthwith gaue comaundment to my Lord Chauncellor then present that if this new Patent were not sealed for to forbeare the Seale, and if itt were sealed and not deliverd hee should then keep itt in hand till he were better informed. [163]

Sr Tho: Roes re- port of the Petic̃on deliuered to his Matie:

His Lop: further signified that vppon Saterday last they had been wth my Lord Chauncellor aboute itt, wher were present the Duke of Lenox, the Earle of Arundell, Mr Secretary and some others who after a full hearinge of ye allegac̃ons of both sides did order that the Patent should be deliuered to be pervsed by some of the Southern Collony who are to make reporte what excepc̃ons they finde therevnto against the next meetinge.

ye Patent to be deliu9ed to be pe- rused by some of the So: Colony.

Sr Edwin Sandis moved that the Addic̃on intended to be affixed to the former Plantac̃on (beinge now redie drawne) §might be read§ wch beinge done was generally approved and by erecc̃on of hands ordered to be published as aforesaid.

The Addic̃on to be affixed to ye former Plantac̃on ordered to be published.

The Owners of the §Ship called ye§ Abigall (allowed of by the last Courte) moved that their Charterparte might be sealed, whervppon the Courte humbly entreated (that because the Treasuror did herto- fore vsually performe the same) itt would please my Lord of South- ampton together wth mr Deputy to vndertake itt on the behalfe of the Company, for wch they would make an Acte of Courte to saue them harmeless; Whervppon his Lop: did willinglie assent therevnto as likewise mr Deputy: And an Acte of Courte by erecc̃on of hands was made accordinglie.

My Lo: of South̴- ton and mr Dep- uty to Seale ye Charter parte for the Abigall.

Mr Deputie haveinge likewise heretofore procured certaine Dutchmen from Hamburrow for erectinge of Saw Mills in Virginia and att the request of the Company Contracted wth them vppon some condic̃ons as wer thought reasonable by the Comittees, hee now therfore desires that this Courte would please to graunt some forme of Securitie vnder ye Compa: Seale that might save both himselfe and mr Sheppard harmeless beinge a partner wth him in the said Contract wch moc̃on the Court thought verie reasonable and gave order for drawinge the said securitie that itt might be sealled accordinglie.

Security to be drawne for saue- inge mr Depty: and mr Sheppard harmeless for ye Contract made wth ye Dutch Carpen- ters.

The Comittees appoynted to examine Sr Thomas Smithℯ Accompts beinge now desyred to make reporte what they had done in their seuerall parts appoynted vnto them: Sr Edwin Sandys declared howe farr Sr Iohn Dauers and himselfe hadd proceeded in their p̱ticularr taske namely in examination of Sr Thomas Smithℯ receiptes by Adven- turers wch notwithstandinge they found itt a most intricate [164] and difficult peec of worke to bringe to passe in regard of ye disagree- ment of the books themselves, by wch they were to be guided, yett they would labour by an Alphabeticall Table to bringe things to an head and therby declare allso the differences whervnto they would afterward desire Sr Thomas Smithℯ answere.

Sr Edw: Sandys re- porte how farr hee & Sr Io: Dauers had proceeded in examyning Sr Tho: Smithℯ Ac- comptℯ.

Mr Wroth one of the Com̃ittees appoynted to examine Sr Thomas Smithℯ Receipts by Lottaries, wth payment allso of the Prizes and other charges to them incident, reported that ∥by reason∥ hee could finde no bookes wherby the particulars might appeare, hee found itt impossible to sattisfie the expectac̃on of the Company therein.

Mr Wrothℯ reporte of Sr Tho: Smithℯ Receiptts by Lottars

Mr Deputy one of the Comittees appoynted to examine Sr Tho: Smithℯ Receipts of Goods from Virginia by ffines allso, by Collections, and other meanes whatsoever, made reporte that hee could finde no men- c̃on att all in any of the books (wch hee and Mr Cranmer had carefully p̱vsed) of any goods brought from Virginia, The Courte therfore thought fitt that hee should give notice therof to Sr Thomas Smith and pray his answere thervnto.

mr Depties: report of Sr Tho: Smithℯ receipts of Goods.

Mr Keightley and Mr Cranmer beinge apoynted to examine Sr Thomas Smithℯ Disbursmentℯ returned this answere that they knew not howe to proceed therin, because they neither could finde warr̃ntℯ nor any other thing else evidence that might shewe howe the moneys might had been from time to time lawfully issued; and haveing acquainted Sr Thomas Smith therwth his answere was that hee knew not what was becom of those warr̃ntℯ.

mr Keightley and mr Cranmer their Reports of Sr Tho: Smithℯ Disburs- mentℯ.

Nottwithstandinge all these difficulties my Lord of Southampton desyred the said Comittees to proceed and goe on to the drawinge of these Accompts to some head, And the rather because Sr Thomas Smith had soe freely offered to be aunswerable for what soever they would charge vppon himselfe and would be redie allso to pay for his mens defaultℯ. [165]

The Comittees to goe on to ye draw- inge of these Ac- compts to some heads.

Mr Deputie signified that the Towne of Ipswich desyred that a Pattent might be graunted vnto them for a Perticularr Plantac̃on, And that wheras they were indebted to the Company 200li they had now payd in one hundred and therfore hee hopeth this favour will be a good inducement vnto them to pay in the rest, Whervppon the Courte ordered that they should have a Pattent.

A patent graunted to ye Town of Ips- wich

Mr Delbridge desyred the Company that hee might passe two of his Shares to his Sonne, wch request the Courte graunted, butt willed him to pass them after the ordinary course wch was by writinge and by allowance of the Auditors wch was accordinglie p̱formed These seu- erall bills of Adventures beinge allowed by the Auditors did likewise passe the approbac̃on of the Courte for their Assignements. vizd:

mr Delbridge 2 Shares to his Sonne.

One bill of 50li from Captaine Brewster to Sr Frauncis Wyatt. One bill of 25li from Thomas Maddox gent to mr Stubbs.

Bills of Aduen- turers passed.

One bill of 37 : 10s from mr William Litton esqr to Captaine Harvy. One bill of 5 Shares from mr Edward Harrison to Raph Fogg.

Mrs: Berkley haveinge petic̃oned from the §for§ repayment of the mony due vnto her husband deceased wch was 331li 12s 10d as may appeare by the Leger Booke. The Company offered her to make vp that sume 400li so that shee would be contented to take 331li 12s 10d in monny and the rest in Shares of Land wch shee willinglie accepted of and there- vppon itt was ordered by a generall consent that shee should be soe paide.

Mrs Berkley or- dered to be paide.

My Lo: of Southampton did putt the Auditors in mynde to examine mr: Markhams deserts in the Companys service and therof to make reporte.

Mr Markams de- serts examined.

Vppon the request humble petic̃on of Wm Iarrat for that hee hath beene an antient inhabitant in Virginia for the space of thirteen years where hee hath done the Company great service by reason of his experience and skillfullnes in many things, the Courte agreed to recom̃end him to Captaine Newce as the Companies Teñnt and should have a boy putt to him for apprentize, and his wife and Child should have their passage free and for the furnishinge of him and his wife wth necessaries itt was left wth §to§ mr Deputy to deale therin as hee thought fitt. [166]

Wm: Iarratt to be recom̃ended to Capt Newce, and to haue a Boy put to him as Appren- tize.

William Gay petic̃oned that his sonne Iames (heretofore the Appren- tize of Christopher Lawne deceased and by him turned ouer to Cap- taine Hamor) might returne home for England, wch was graunted, provided that hee be att the Charge of his said sonns returne, in whose roome the Company resolved to send another to Captaine Hamor.

Iames Gay to come for England.

Lazarus Hauerd beinge heretofore imployed in the Companies serv- ice and likewise by Sr George Yeardley in a Frigott in three daun- gerous voyadges did now petic̃on to this Company for their charrita- ble considerac̃on of his present wants whervppon itt was agreed that mr Poulson should be entreated to entertaine him, and that Sr George Yeardley should be solicited by ɫre to bestowe some thing on him in reward of his service done him.

Lazarus Hauard entertayned by mr Poulson.

Sr Georg Yeardley to bestowe some thing on him

A moc̃on was made as formerlie their had beene in the behalfe of the Som̃er Ilandℯ Company that there might be a Certaine quantitie of Land in Virginia graunted vnto them lyinge neerest to those Ilandℯ for the better support of that Company wch they desyred might now be confirmed att this Quarter Court.

A moc̃on in the behalfe of ye Som̃er Ilandℯ Compa:

A Certaine writinge was exhibited to the Courte by one Gabriell Wisher a man well knowne to some of this Company, who vnder- standinge that divers Staple Comodities are intended to be sett vpp in Virginia maks offer to this Company to procure out of Poland, and Sweadland (wher hee is well acquainted) men skillfull in makinge of Pitch, and Tarr, Pottashes and Sope Ashes, Clapbordes, and Pipe- staues, dressers of Hemp & Flax As allso men skillfull in makinge Salt Peter, and Powder, and would bringe them from those parts into England by the end of May next after the rate of xli xs a man as many as the Compa: shall thinke good. To p̱forme wch hee desires 60li: in hand to be payd att Hamburrow for wch hee will putt in securitie.

A writinge exhib- ited by Gabriell Wisher

Wheras vppon a former treatie had wth mr Wood in the behalfe of Mr Gookin for transportac̃on of Cattle outt of Ireland into Virginia an offer was made vnto him after the rate of xli: a Cowe vppon cer- tificate of their saffe landinge, Provided they were fayr and lardge Cattle and of our English breed. The said mr Wood hath now returned his fynall aunswere that hee cannott entertaine the bargaine vnder xijli the Cowe without exceedinge greate losse. [167]

Mr Woodℯ aun- swere returned.

Att a Quarter Courte helde for Virginia the 15th of Nouember 1620.

Present
the Right Honorable Earle of Southampton.
Lord Cauendish.
Lord Pagett.
Sr Edwin Sandys. Sr Richard Grobham.
Sr Iohn Dauers. Sr Frauncis Wyatt.
Sr Robert Phillips. Sr Edward Lawley.
Sr Phillip Cary.
mr Brooke. mr Chri: Earle. mr Nicholas Ferrar.
mr Deputie. mr Bromfeild. mr Sheppard.
mr Gibbes. mr Wrotheby. mr Boothby.
mr Wroth. mr Iohn Smith. mr Couell.
Docter Anthony. Capt Bargraue. mr Ayre.
mr Georg Sandys. mr Herbert. mr Wiseman.
mr Casewell. mr Robert Smith. mr Berblock.
mr Cranmer. mr Chamberlyn.
mr Mellinge.
mr Clarke.

After the Actℯ of the former Courte were read a straunger stept in presentinge a Mapp of Sr Walter Rawlighes conteyninge a Descrip- c̃on of Guiana, and wth the same fower great books as the guifte of one vnto the Company that desyred his name might not be made knowne, wherof one booke was a treatise of Stt Augustine, of the Citty of God translated into English the other three greate Volumes wer the works of Mr Perkins newlie corrected and amended, wch books the Donor desyred they might be sent to the Colledge in Virginia there to remayne in safftie to the vse of the Collegiates hereafter, and not suffered att any time to be sent abroade, or vsed in the meane while, ffor wch so worthy a guifte my Lord of Southampton desyred the p̱tie that presented them to returne deserved thanks from himselfe and the rest of the Company to him that had soe kindely bestowed them.

A Mapp presented of Sr Walter Raw- leigh & 4 great Bookes.

Sr Edwin Sandys acquainted the Courte howe carefully mr Chamberlyn had been att the request of the Compa: to compound wth the States of Middlebrough for the Custome of the Tobacco to be brought thyther this year from Virginia signifyinge that hee had brought them neere to an agreemt, so that for bringinge the said Comoditie in they should pay but a halfepenny ye pound and for carryinge the same out againe to pay after the same rate; [168] And for that the said States might have the better assurance of the p̱formance hereof by the Company, Itt was humbly desyred that itt would please my Lord of Southampton to intimate so much vnto them by his Lops: owne letter in the name of the Company, wch my Lord very nobly p̱mised to dispatch accordinglie.

Sr Edwin Sandys reporte of mr Chamberlynℯ care for compoundinge wth the States of Middlebrough.

Sr Edwin Sandys further signified that wheras certaine Instrucc̃ons were sent in writinge in the Bona Noua concerninge the plantinge of Mulbery Trees, and makinge fitt roomes for the Silkewormes (wch in his opinion was exceedinglie well done) and haveinge now vnderstood of a ffrench book of the same Subiect comended vnto him for an excellent treatise of that kinde) moved that some of the Compa: would please to take the paines to translate itt into English, and that a good number of them might be printed to be sent ouer to Virginia and ther dispersed amongst the Planters soe as everie houshold might have one, And that in the said bookℯ the p̱ticularr rates of those Staple Com̃odities wch the Comittees were desyred to sett downe to be payd for them to the Planters might likewise be incerted wth some Instruc- c̃ons allso for the orderinge of other Comodities wch moc̃on was well approved of and generally assented vnto.

A French Booke for plantinge of Mulbery trees & ordering of Silk- wormes to be trans- lated into English.

Mr Deputy haveinge presented to my Lord of Southampton a note of such Staple Comodities as are supposed may either now or verie shortly be hadd in good aboundance in Virginia wch were rated par- ticularly by a Comittee of Marchantℯ att such price as they are now sould att here in England, Itt was thought fitt and desyred that the ∥said∥ Comittees would againe take some further paines on the behalfe of the Planters in Virginia to moderate and abate the said Prizes to such a reasonable rate wth considerac̃on of fraight and Hazard, as both the Marchants might be enduced to buy the same and the Planters assured of a Certaine vent hereafter of the said Comodities.

A note presented to my Lo: of South̴- ton of such Staple Comodities as wilbe had shortly in Virginia

The Comittees to moderate and abate ye prize of them Cr.

Sr Edwin Sandys declared that the Comonwealth and State of the Country Colony in Virginia began generally to prosper so well as they did not desire any more provysion of Meale to be sent vnto them but rather prayed that the Company would be pleased to be att the ∥some∥ charge to send them a few triflinge Comodities [169] As Beades and such like toyes wherby to truck wth the Indians for Corne and other necessaries to encrease and maynteyne therby a Christian Comerce, and trade with the Sauages, wch they exceedingly desire may be continued.

Sr Edw: Sandys re- ported yt the Col- ony desired no more meale but rather some tri- fling Comodi: to truck wth ye Na- tiues.

Touchinge Gabriell Wishers former offer att the last Court to procure out of Sweadland, and Poland men skillfull in makinge Pitch, & Tarr, Pottashes, and Sopeashes, Dressers of Hemp and Flax, Clapbord and Pipestaues and for makinge Salt Peter and Powder after the rate of 10li:10s a man that shalbe here by the end of May next. The Courte have ordered that hee shall have 100li allowed him to provide Tenn skillfull men as aforesaid butt for the manner of the Contract to be made with him and other necessary circumstances incydent thervnto they have referred the said Gabriell Wisher to be further concluded wth the Comittees.

Gabriell Wisher to haue 100li: Cr.

Thomas Wood beinge now willinge (though hee conceived itt a hard bargaine) to accept of the offer of the former Courte, wch was that for everie Cowe of our English breed transported by him or his Agents safe and sound to Virginia hee should be paide Eleuen pounde and for every Shee Goate three pounds tenn shillings, vppon certificate att his returne from the Gouernor there; Hee moved therfore now that hee might have some assurance vnder the Companies Seale for the payment of the said Monny; whervppõ the Courte ordered that accord- inge to his request hee should have his securitie confirmed vnder the Seale of the Company for wch they gave order to mr Deputy to see itt done.

Tho: Woode to haue his security Vnder ye Compa: Seale.

Mr Caswell moved that the Lord Maior of this Cittie might be solicited to afforde this Company the like number of Children with the like allowance as formerly they had, butt hee wished wthall that itt might be effected vppon more easie condic̃ons then the former Comittees for the Cittie sought to drawe them vnto who as itt appeared stood more vppon an over advantagious bargaine on the behalfe of the said Chil- dren then they did vppon the good of the Plantac̃on for wch they were p̳cured Itt was therfore thought fitt and so ordered that a ɫre should be write to the Lord Maior and Aldermen specifyinge ye Condic̃ons p̱ticularly for wch the Compa: would accept of them and in good manner place them as serṽntℯ or Apprentizes wth the Companies Teñntℯ. [170]

mr Caswell moc̃on for soliciting ye Lo: Maior for ye like number of chil- dren as formerly they had.

A ɫre: to be writ- ten to ye Lo: Maior & Aldermen.

Mr Smith conceivinge that the sume of five pound demaunded wth everie Childe that should be sent out of the Country to be transported to Virginia was a greater charge then would willingly be disbursed by the Common sorte, seeinge they might wth a lesse charge as ordi- naryly for five Marks binde their Children Apprentizes att home to good Trades and therfore itt was vnlikely they would be drawne to give a greater sume to send them to a fforraigne Country hee therfore moved that the 5li specified in the Publicac̃on might be abated to ffive Marks for wch mayne reason the Courte thought fitt and ordered yt abatement should be made of the said five pound accordinglie.

5li demaunded wth euery Childe yt shalbe sent out of ye Country helde to be too great a charge.

Mr Deputy signified that hee was solicited by the Marshall of this Cittie and some others that had taken paines to p̳cure those Children out of the Cittie wch were heretofore sent to Virginia, to move this Courte for some reward for their care and travell therin, yt they might be encourraged hereafter to take the like paines whensoever they should have againe the like occasion; The Court herevppon referred itt to the Comittees to give such a Sum̃e and to p̳porc̃on the same amongst them as they shall thinke fitt.

The rewardinge of the Marshall of ye Cittie and some others for p̳curing ye Children out of ye Cittie referred to the Com̃ittees

Mr Jefferson desyringe the Courte to take into their good consider- ac̃on the losses hee had susteyned; was referred to Sr Edwin Sandys and Mr Deputy to conferr wth them aboute the same.

Mr Jefferson re- ferred to Sr Edw: Sandys & Mr Deputy.

Some of the Summer Ilands Company moved that the Courte would be pleased as well in respect that the Barmudas was sould vnto them for a farr greater quantitie of Land then they nowe finde it to be as allso for the better enhablinge of them to subsiste and to procure and maynteyne a mutuall dependance and traffique hereafter to graunt and confirme vnto them now in this great & generall Quarter Courte a good porc̃on of Land in Virginia on that side of the Coaste as lyes nearest vnto them, either att Ronoqq̢ southerly or else wheras shalbe most convenyent for them not beinge yett inhabited; Wch request the Courte takinge into considerac̃on, did [171] order and agree that accordinge to the number of their Shares (beinge in all 400 or their aboutℯ) they should have for every Share 100: Acres of Land in Vir- ginia, and 50 Acres for every p̱son that shall be transported thither, Provided that none of them sell his said Shares vnless hee sell together wth itt his Share of Land in the So: Ilands and for a publique Stocke they have likewise graunted vnto them 5000: Provided that between this and the year 1625 they transporte for everie Share for that Plan- tac̃on att least one man; Provided allso that soe many as shall not § vnder § write and accordingly pay in his mony ratably by the set- tinge out of this first Voyadge shall not be capable of the said one hundred Acres for a Share; And lastly the Courte ordered that a ɫre should be write to the Gouernor to sett out their bounds and lymitts where they shall like best to seat themselves so as they may not be preiudic̃all to any other Plantac̃on ther alredy. 1

The provisions for the settlement of this land are included in the printed book of the Orders and Constitutions of the Somers Islands Company. Two Courts of the company concerning this subject are mentioned. See List of Records, Nos. 290, 303, 304, page 154, ante.

The Sum̃er Ilandℯ Compa: moc̃on for a good porc̃on of Land in Virginia

they shall haue for euery share 100 Acres and 50 Acres for euery Person yt shalbe trans- port:

A ɫre to be writ to ye Gouernor to sett out their Landℯ Cr.

Capt: Somers [(]in respect nothinge did appear by Sr Tho: Smiths Cash booke to be paid in redy monny by Sr George Somers to Sr Thomas Smith) was desyred to prepare such proofes against the next Courte as hee presumed hee could produce to iustifie his demaund to be due as aforesaid.

Capt Somers to prepare his proofs Cr

The Ladie De Lawarre haveinge by her ɫre dated the 15th of this present moneth signified vnto the Compa: that wheras aboute three years since the Earle of Hartford adventured 150li in her late husband (the Lord Delawarrℯ) last Voyadge to Virginia as by an agreemt vnder his hand and seale made in the behalfe of the said Earle may appeare. And for asmuch as the said Earle hath since conferred ye benifitt of his said purchase vppon his servant mr Iohn Kelly, shee therfore moved that hee might have a proporc̃on of Land in Virginia accordinge to the number of Shares due for the said some of —150li as allso for the personall Adventure of 10 men transported thither by her said Hus- band: wch request the Courte thought verie reasonable, and accord- inglie assented there vnto: Provided that so much be deducted ratably out of my Lord Delawarrℯ Accompts.

The La: Lawarrℯ request in ye be- halfe of mr Kelly assented vnto.

Mr Henry Rowland Goldsmith petic̃oned that forasmuch as his brother Dauid Floyde had assigned vnto him his purchased Adventure of 12li 10s wch this petic̃oner paid for though passed in his said brothers name as by his assignement vnder his hand and Seale maie appeare. [172] The Petic̃oner therfore humbly desyreth that his said Assignement beinge allowed by the Auditors might now pass the approbac̃on of this Courte And that hee likewise might have one p̱sonall Share of Land, due for the Adventure of his said brothers person who dyed in Virginia full tenn years since, wch Captaine Tucker allso testified to be true. Whervppõ the said Assignement was by order of Courte confirmed to the said peticoner as likewise the Share of Land desyred for the personall Adventure of the said Dauid Floyde deceased.

mr Hen: Rowlands assignment Con- firmed & a Per- sonall Share al- lowed him for ye Aduenture of his brotherℯ person

Richard Mooreton in his petic̃on craveinge an allowance of one Share of Land for the Adventure of his p̱son haveinge been in Virginia allmost three years, answer was made that his request could not be graunted vnless hee had continued there the full tearme of three years, either att one or att seuerall times: And therfor orderd that if hee would be contented to returne againe or send on thither hee should have his personall Share allowed vnto him & direcc̃on should be given to the Gouernor to sett out his Land for him wch offer hee willinglie embraced and assented vnto.

Rich: Mooreton for a share of Land for Aduenture of his Person.

William Potterton in his petic̃on haveinge desyred yt the Courte would please to give him the same recompence for the service of one Edward Trew his Apprentice beinge (15li) wch my Lo De Lawarr promised him as may appeare by his Lops: bond for his good will to lett his said servant goe wth him to Virginia to let where hee still remayneth in the Companies service; The Courte herevppõ ordered that the Petic̃oner should repayre to my La: Lawarr for his sattisfacc̃on in considerac̃on of her husbands promise extant vppon his ∥lps∥ bond.

Williã Potterton petic̃oning for rec- ompence for ye seruice of Wm: Trew referd to my La: Lawarr.

Captaine Daniell Tucker in his Petic̃on desyred that the Compa: would please to graunt him some Competent portion of Land in Virginia, aswell in recompence of his service there, so well knowne to this Companey in vndertakinge the Charge of all the munic̃on and pro- vision belonginge to the Collony beinge allsoe sworne of his Mats: Counsell there, and shortlie after my Lord DeLawarres Arivall, appoynted Prouant Maister, Viceadmirall and Truck Mr, continuinge in the said Offices five years vntill his Matie: by express ɫers sent for him, [173] as likewise in considerac̃on of the Pinnace hee sent thither wher shee is still employed and doth the Company great service in carryinge Corne and other things from place to place; The Courte therfore duely weighinge the merritts of his Person and service did generally agree and order that hee should have fifteen Shares of Land bestowed vppon him vppon a first division as the Companies reward in recompence of his said service, vppon Condic̃on that hee should not sell away any of his said Shares wch hee assented vnto and wth much thankfullnes accepted of.

15 shares bestowed vppon Capt Tuck- er.

Sr Iohn Dauers herevppon moved that for the more equall distribuc̃on of Shares hereafter, vppon well deservinge personns imployed in the Companies service that ther might be a speciall Comittee appoynted who vppon due examinac̃on of their p̱ticularr merritts might sett downe such a proporc̃on of Land for their rewardes, as might best suite wth the * * * * * * ∥Honorable∥ bountie of this Courte, and their p̱ticularr deservings, wch moc̃on the Court conceived to be of very great importance, and did therfor order that these Comittees should be appoynted for the future disposic̃on and proporconinge of Shares vizdt Sr Edwin Sandys, Sr Iohn Dauers, mr Deputy, mr Smith, Captain Tucker.

A Comittee ap- poynted for Dis- posinge & propro- coninge of Shares.

These were appoynted to take care of the two Virginia maydes remayn- inge in the Custodie of mr William Webb the husband vizd mr Case- well, mr Robertℯ, mr Caninge and mr Webb, who are likewise desyred to place them in good services where they may learne some trade to live by hereafter for wch respect ye Company hath promised to bestowe some thinge wth them.

A Comittee for takinge care of ye 2 Virginia Maydes.

The forme of Securitie ordered the last Courte to be drawne for mr Deputy and mr Sheppard to save them harmelesse as touchinge a Contract made wth certaine Dutch Carpenters sent to Virginia to be imployd in the Companies service was now read and ordered to be sealed.

The Securytie for sauinge harmeless mr Deputy and mr Sheppard ordered to be sealed.

The agreement made wth mrs Barkley for allowinge her 331li: 12s: 10d in money and so many Shares of Land in Virginia as might make vpp the said sume 400li was now putt to ye question and confirmed. [174]

The Agreement made wth mrs Barkley con- firmed.

Doctor Bohune haveinge desyred that his Pattent might be renewed in his owne name onely and Capaine Swifte who was ioyned with him in the first might be in this lefte outt for that hee was gone beyond Sea beinge accordinglie drawne and nowe presented the Court gave order to mr Deputy to Seale itt.

Dr Bohunℯ Pat- tent renued in his owne name.

My Lord of Southampton signifide vnto the Company that himselfe and some others hadd been this afternoone before the Lords to make reporte what iust exceptions they had taken against new England Pattent wherby they found themselvs vtterlie excluded from fishinge vppon the North Seas butt wthall his Lop: signified that by a late conferrence had with Sr Ferdinando Gorges aboute itt they did nott doubt butt they should now accorde, for that itt was agreed on both sides for some important reasons to renewe either of their Pattents wch was promised should be done by mutuall advise of the Counsell: Whervppon their Lops: ordered that in the meane while this Patent of Sr Ferdinando Gorges should be sequestred and deposited in my Lord Chancellors hands (as vndelivered) accordinge to his Mats: express Commaundement. And that this Company should notwithstandinge goe on wthout losse of time vppon the preveledge of their former grauntℯ wherby itt was conceived they had libertie to fish vppon the Seas now debarred.

My Lord of South- ampton reported how yt hee had been before ye LLs: of ye Counsell to acq̃int them of ye excepc̃ons taken against New En- gland Pattent

The Patent to be deposited in my Lo: Chancellors handℯ The Compa to goe on vppon ye preu- iledge of their form9 grauntℯ.

Att the risinge of the Courte mr Smith acquainted his Lop: and the rest of the Counsell present that itt was the humble sute of ye gener- allytie vnto them that they would please to enter into consultac̃on, and advise about such further imunities and larger previledges as were fittinge to be moved att this next Parlyament. and that itt might redound aswell to the Honour of this noble Societie as the future advancement of the Plantac̃on in generall wherof they had now cause sufficient to conceave the greater hope to speed the better in respect his Maty began of late to fix his gratious eye vppon itt, as beinge redie vppon all occasions to afford them his Royall fauour and protecc̃on. [175]

mr Smithℯ moc̃on to Consider of such future imunities as were fittinge to be moued at ye next Parliamt

Att a Courte helde in ye afternoone ye 13th of December 1620;

Present.
Sr Edwin Sandys.
Sr Iohn Dauers.
Sr Phillip Carye.
mr Iohn Wroth. mr Earle. mr Robertℯ.
mr Gibbes. mr Berblocke. mr Bull.
mr Herbert. mr Stewarde. mr Mellinge.
mr Smith. mr Palauacine. mr Cuffe.
mr Depty Ferrar. mr Tomlynℯ. mr Boothbie.
mr Sheppard. mr Wheatley. mr Couell.
mr Nicho: Ferrar. mr Maisterson. mr Rolph.
mr Bland. mr Swinhowe. mr Combes.
mr Casewell. mr Challoner. wth divers others.

Sr Edwin Sandys signified vnto this Courte that my Lo: of South- ampton vppon some important occasions could not be present this afternoone butt had all that parte of the day for many howers to- gether taken extraordinary paines in a buisines that concerned them very much wherof they should afterward have a good Account as- soone as they hadd further p̱ceeded therin and brought the same to some better issue.

Sr Edwin Sandyℯ report yt my Lo: of Southampton cannot be now present.

Hee further signified that they had receaved further certificate of the saffe Arivall of all their Ships sent the last Springe, as namely the Frauncis Bona Venture wth all their people save one, the Tryall and Faulcon wth all their Passengers the London Marchaunt with all hers the Duty with all save one, And soe likewise the Swann of Barnstable, butt the Ionathan in her tedious passage of 200 had lost 16: Soe that by this last supply they had landed in Virginia in all well neere the nomber of 800: persons for wch greate blessinge (wth the loss of soe fewe) hee rendred vnto the almightie all possible thankℯ. [176]

A Certificate re- ceaued of ye saffe ariuall of all ye Ships.

Wheras itt was conceived that ther was a mistake in setting downe an order of the Summer Ilandℯ Company att the laste Courte by incertinge a Prouiso to exclude such from haveinge 100 Acres p̱ Share as shall not pay in their monny ratably accordinge to subscrip- c̃on by the settinge outt of the first Voyadge that the Adventurers shall agree vppon for the advanceinge of that Plantac̃on, Itt was now desyred that the said clause might still stand in force least otherwise those that did drawe backe after others had discouered the Countrie might against all reason challenge as great an interest as they yt had beene att all the charge and Coste, for wch considerac̃on itt was agreed and ordered that the said clause should still remayne in force.

A supposic̃on of a mistake in settinge an order for ye Summer: Ilandℯ Company.

The Clause to stand.

Gabriell Wisher haveinge presented himselfe vnto the Courte with offer of his service for procuringe of men skillfull in divers Comodi- ties out of Sweadland and Poland att an easie charge soe hee might have his Mats: ɫres to the Kinge of Sweadland to that purpose itt was aunswered that they held itt vnfitt to trouble his Matie wth soe meane a sute; And for as much as they conceaved that the Charge of pro- cureinge men that way howe gainefully soever would be too great and to high a rate for them, resolved therfore to take some other Course by recommendinge the care herof to some Marchantℯ tradinge into those p̱ts who might provide them wth a farr less charge, In the the meane time the Company would content themselvs wth those they hadd allredie in Virginia whome they would supply wth more helpinge hands, which was the thinge they cheiflie desyred.

Ga: Wisherℯ desire to haue his Mats ɫres to ye Kinge of Sweadland for p̳curinge of men.

Mr Deputie signified that itt pleased my Lord of Southamptõ to write verie effectually to the Lord Maior of the Cittie for a certaine num- ber of Children as was desyred by a former order of Courte: And therfore moved that a Comittee might be appoynted to sollicite the Lord Maior for aunswere of the said ɫre for wch purpose the Courte nominated these followinge, vizdt: mr Smith, mr Swinhoe mr Casswell, mr Chambers, and mr Palmer.

A Comittee to so- licite ye Lord Maior for aun- swere of ye ɫre sent to him by my Lo: of South̴ton

Mr Doctor Bohune haveinge desyred yt hee might be a Phisition gen- erall for the Company accordinge to such Condic̃ons as were formerly sett downe by way of Articles vnto which place [177] they had alotted five hundred Acres of Land and twenty Tennants to be placed ther vppon att the Companies charge. The Courte was pleased to accept of his humble sute for that place & imployment and therfore ordered that hee should have tenn men provided forth with to goe now with him, and tenn more should be sent in this next springe wch should be transported att the Companies charge and furnished as other of the Tennantℯ be, Provided that xxtie Teñntℯ beinge thereon established and made good for one whole year after their landinge, the said Doctor Bohune do after if any of them Dye coveñnt to supply and maynteyne from time to time vppon the said Land, And att his decease or other- wise surrender of the said place, leave the like number of men and Stock of Cattle as are by order of Courte to the said Office allowed and appoynted. And as for other p̱ticulars touchinge his Contract wth the Company the Courte hath referred him to the Comittees who are desyred to treate and conclude wth him aboute the same.

Dr Bohune Phisi- tian for ye generall Company.

Mr Deputy signified that hee had receaved good store of Silkworme seed both out of Fraunce, Italy, and Spaine, and doubted not of much more verie shortlie, soe that their greatest want was of men skillfull in the orderinge of them, wherof they hadd some hope err longe to procure some out of Fraunce by the help of mr Chamberline a man very care- full in yt buisines In the meane time hee acquainted the Courte wth one yt mr Darnelly had p̳cured for them beinge the servant of mr Iespar Stallenge who had these five years togeather been brought vp in tendinge of the Kingℯ Silkewormes vnder his said mr: wherby hee was become very skillfull in breedinge of the wormes and in wyndinge of their Silke, and was allso a good Gardner and that his said mr was verie willinge that hee should goe to Virginnia to be imployed in the service of the Compa: for three years (wch time hee had yett to serve of his Apprentiship) vppon Condic̃on that the Company would please in Considerac̃on of his said time to give his said mr xxli wch offer the Courte thought verie reasonable [178] and beinge putt to the question was generally assented vnto Provided that in those three years hee would vndertake to instruct others that should learne of him suffi- ciently in the premises.

Silkwormes brought out of Fraunce. Cr.

mr Iasper Stal- lenge seruant to goe to Virg: for breedinge ye Wormes.

xxli to be giuen to his mr:

Hee further signified that the first p̱t of the french Booke concern- inge the makinge of fitt roomes to keepe Silkwormes and the manner of plantinge Mulberie Trees to feed was now allmost fynished as like- wise the valuac̃on of the seuerall Comodities to be had in Virginia ordered heretofore to be affixed vnto the saide booke would in few daies be together ready to be printed. 1

These two printed books are mentioned in the List of Records, Nos. 150 and 151, page 138, ante.

The first parte of ye French book all most finished.

Itt was moved that for the better encourragmt of such of the old Planters as had exceeded others in buildinge of fitt houses for Silk- wormes and in plantinge Mulberie Trees and Vynes accordinge to a former dyrecc̃on in that behalfe, might have the advantage before others in the first and best choyce of such Apprentizes as should shortlie be sent vnto them the rather to stirr vpp others hereby to contend for the like favour & reward hereafter, and for recompence of the great charge the Company here shall be att to furnish the said Apprentices well in deed, and for sendinge them ouer to the Planters, Itt was likewise moved that their Maisters might be enioyned to repay them againe within one yeare 2

At this point in the manuscript the writing changes to that of a third copyist, as yet unidentified. For an example of the chirography, see Plate —.

(no whitt in tobacco) but in a good quantity of Corne, Silke, Silkgrasse and other such Comodities and that at the same rates, as were perticularly sett doune vnto them in a booke conteyninge their severall valuac̃ons. And that significac̃on hereof might be given in the Counsells letters to the Gouernor, wth further intimac̃on of a Charter intended to be passed att the next Quartr Court to that effect: wch proposic̃ons the Court did generally agree vnto and ordered for performance of the same accordingly.

ye Olde Plantes yt hadd exceeded others in buildinge of fitt roomes for Silk wormes Cr. to haue the first choyce of Appren:

The Company here for ye charge they shalbe at in furnishing them out shalbe repayd by their mrs in Corne Cr

Sr Edwin Sandys moved, that whereas the bringing over of Sassaphras in so great aboundance, had brought the price thereof to so lowe a rate, as it was now worth little; ffor remeady whereof [(] if the Court so thought fitt) they would make an offer to the Company in Virginia to compound wth them for the same: wch being brought over in a lesse quantity and all into one warehouse might be araysed to a better value, whereof the benifitt should be duely answeared to them againe [in] ordinance Powder Shott, and other such munition, for their better [179] Strength and safety: And that they would signifie so much in ye Counsells letter to the Gouernor wch motion was well approved of, and therevpon it was ordered that it might be effected accordingly.

Sr Edwin Sandys moc̃on for bring- ing ou9 of Sassa- phras

It was likewise moved that some might be appointed to drawe the said Counsellℯ letter vnto the Gouernor wch was to goe wth the Shippe now bound for Virginia: wherevpon the Courte entreated Sr Edwin Sandys to take some paines therein as he had often formerly donne in the like kinde at wch request he was pleased to vndertake the dis- patch thereof.

Sr Edwin Sandys desired to drawe ye Generall ɫre.

Captaine Roger Smith being desirous to goe this present voyage to Virginia, moved that he might have the charge of some of those people that were now sent to §be§ the Companies Tenantℯ. And further that the Company would please to bestowe vpon him some meanes to make him the better fitt for the said voyadge: ffor asmuch therefore as the said Captaine Smith was recomended to be a gentle- man very sufficient for that imployment, and in regard of his good experience already (havinge been heretofore in Virginia about some three yeares) might thereby doe the Company great service: The Court was pleased for his better encouragement to giue him 30li: freely to furnishe him wth necessaries and ordered that he should have the com̃and of 50 persons nowe transported to be Tenantℯ vpon the Companies land.

Capt Roger Smith to haue 30li: & ye Comaund of 50 persons vnder him

The said Captaine Smith further moved in the behallf of a younge Scholler desirous to goe wth him this present voyadge that he might be admitted preacher to the people now sent: The Courte herevpon agreed to give him a text to preach vpon about a fortnight hence in the handling whereof if they found him a sufficient Scholler, he should be entertayned accordingly.

Capt Smithℯ mo- c̃on for a younge Scholler desirous to goe to Virg:

Captain Maddison having been heretofore twelue yeares togeather in Virginia, and there imployed by Sr Thomas Dale (the Gouernor) in discovering the said Countrye and severall Rivers therein: did nowe petic̃on that he might retourne to the Colony and proceed in a further discouering of Comodious places for habitac̃on wthin the Land The Court herevpon ordered that he should be treated wth by the Com- ittees both for the manner of his discovery as also to make it to appeare what the Charge thereof wilbe vnto the Company. 1

Commissions from the Governor in Virginia to Captains Smith and Madison are given in List of Records, Nos. 310, 314 and 374, pages 154, 155 and 161, ante.

[180]

Capt Maddison to be treated wth by the Comittees.

A motion beinge made on the behalfe of Captaine Som̃ers for con- firminge vnto him such lands as was due vnto his vncle Sr George Sum̃ers for his adventure wch appeared by Accountℯ to be 470li: and whereas further also, there was demaunded a proporc̃on of land for the personall adventure of the said George Sum̃ers and in requitall of his other good service: To the first request the Court made answeare that it could not be denied him: but for the second it was not in the power of any other but a Quarter Court, to give any proporc̃on of land, vpon merite.

Capt: Som̃erℯ re- quest.

Mr Deputie signified that my lord of Southampton (being to goe out of Towne and like to be a long time absent) desired that Sr Edwin Sandys might be authorized by order of Courte to giue his hand for receiptℯ of money to the vse of the Company: wch was generally assented vnto and ordered that wth their good approbac̃on he should be herevnto authorised accordingly.

Sr Edwin Sandys to giue his hand for receiptℯ of mon- ey in my Lo: of South̴tonℯ ab- sence.

A Preparatiue Court held the 29 Ianua:

Present the right honoble:
Earle of Southampton. Sr Edwin Sandys.
Lo: Cauendish. Sr Iohn Dauers.
Lo: Pagett. Sr ffran: Wyate.
Sr Edward Sackuill. Sr Walter Earle.
mr Deputy fferrar. mr Zouch. mr Bearblock.
mr Gibbℯ. mr Tucker. mr Casewell.
mr Wroth. mr Tomlinℯ. mr Mellinge.
mr Earle. mr Smyth. mr Cuffe.
mr Geo: Sandys. mr Nicho: fferrar. mr Combe.
mr Doctor Anthony. mr Ditchfeild. mr Baynham.
mr Sheppard. mr Seaward. mr Wyddowes.
mr Bromefeild. mr Wheately. mr Sparrowe.
mr Newporte.
mr Kightley.
wth divers others.

My lo: of Southampton signified vnto this Court that for so much as the time of Sr George Yeardleys Com̃ission of Gouernorshipp would ere longe be expired, beinge to continue but till November next: It was therfore expedient nowe at this Quarter Court (in respect of the shortnes of the time) either to confirme Sr Geo: Yeardly againe in his said [181] office by a newe elecc̃on: or to proceed to the choice of some other fitt person of qualitie to succeed him, who might be pre- pared to goe to Virginia by Iuly next at the farthest wch later Course his Lop did the rather encline vnto, because he had receaved adver- tisement of Sr George Yeardly importuninge desire to relinquish his said office at the expirac̃on of his said Comission, in reguard he had soe longe a time togeather (nowe allmost three yeares) attended wholly vpon the publique service.

My lo: of South- ampton moved either to confirme Sr Geo: Yeardley in his former place or to chuse another in his steed.

His Lop: therfore proposed vnto the Company a gentleman recom- ended vnto him for his many good partℯ (namely Sr ffrancis Wyatt) who was well reputed of, both in respect of his parentage, good edu- cation, integritie of life and faire fortunes (being his ffathers eldest Sonne) as also for his sufficiency otherwise, being deemed every way wthout exception fittinge for this place who was likewise desirous to take this charge vpon him if the Company would please to accept of his willingnes to doe them service, Notwthstanding his Lop: praied the Company not to neglect the nominac̃on of some other if they could thinke of any one or more sufficient persons of quality that would willingly vndergoe this waightie burden of gouerment: who might togeather with this gentleman aforenamed stand for the elec- c̃on of §at§ the next Quarter Courte.

Sr ffra: Wyate com- ended by his Lop for the place of Gouernor

.

Sr Iohn Dauers moved that accordinge to a former order of Courte and intimac̃on by the Counsells letters vnto the Gouernor of a Patent intended to be granted to Sr Wm: Mounson and his Associatℯ, of two Comodities not yet discouered or planted by any other in Virginia: for somuch as a draft of the said Patent was nowe made, he desired a Com̃ittee might be appointed to examine the same, and so put to engrossinge to passe at this next Quarter Court wherevpon the Court nominated a Comittee for that purpose vizt mr Wroth, mr Gibbℯ mr Deputy mr Kightly & mr Bearblock:

A Comittee to ex- amine ye draft of Sr Willm Mounson Patent.

Mr George Sandys havinge moved that he might passe ouer two Shares of land vnto Sr ffrancis Wyneman wch were formerly assigned vnto him by mr Thomas Sandys, the Court was pleased to grant his request.

mr George Sandys .2. shares to Sr ffrances Weyn- man.

Sr Edwin Sandys signified that Sr Richard Bulkly of Beamorris in the County of Anglesy, desired to be a member of this Company, for wch having payde in his 25li: praide he might haue his bills of Adven- ture vnder the Companies Seale wch the Court ordered should be granted vnto him. [182]

Sr Rich: Bulkley made a member of ye Comp̃:

A motion beinge made that mr Woodall, might be warned in at this Quarter Court to answeare such scandalous speaches as he had for- merly diuulged, in disgrace of the booke authorized by his Mats Coun- sell for Virginia as like wise touchinge Sr Edwin Sandys according to a former order of Court, made the 18th of Iuly last.

mr Woodall to be warned.

Mr Caswell signified vnto his Lop: (as mr Smith had formerly donne to the like effect), that it was the humble suite of the Company that it would please his Lop to acquaint them how farre they had p̳ceeded in drawing vp the newe Patent wch was intended to be confirmed by Acte of Parliament the proceeding and good Successe whereof, would exceedingly animate and encourage all the adventurors, if they might be released of these late grantℯ, and from all Monopolies hereafter of the like nature. whereof his Lop promised they would have a speciall care, and happily be able at the next Court to giue them some accounte.

A Generall Quarter Court held for Virginia Vltimo Ianuarij 1620:

Present
The right honorable Earle of Southampton.
Earle of Dorsett.
Earle of Deuonshire.
Lord Padgett.
Sr Thomas ffinch. Sr Nicholas Tufton. Sr Walter Earle.
Sr Iohn Dauers. Sr Willm Twisden. Sr ffrancis Wyate.
Sr Robert Phillip. Sr Samuell Sandys. Sr ffrancis Wyneman.
mr Henry Mannering. Sr Edwyn Sandys. mr Iohn Wroth.
Sr Edward Lawly. Sr Phillip Carey. mr Gibbℯ. [183]
Doctor Gulston. mr Kightly. mr Chamberlaine.
mr Deputy fferrar. mr Iermyne. mr Mellinge.
mr Bromfeild. mr Steward. mr Seaward.
mr Wrothsby. mr Sheppard. mr Bernard.
mr Geo: Sandys. mr Cranmer. mr Lawrence.
mr Robte Smith. mr Scott. mr Louer.
mr Linsey. mr Nicho: fferrar. mr Widdowes.
mr Palauacine mr Rugles. mr Berblock.
mr Whitley. mr Darnelly. mr Casewell.
mr Bland. mr Swinho:
mr Bull. mr Chamberlen.
mr Cartwright. mr Couell.
mr Edwardℯ. wth divers others.

My Lord of Southampton signified vnto the Company that he had been mindefull of their former requestℯ, and for that cause had that morninge been wth my Lord of Doncaster, to §knowe§ his Mats: answeare concerninge their letter wch his Lop: had formerly pre- sented to his Matie: who reported that having the same day moved the kinge to that purpose: It pleased his Matie: to say (having read the letter) that he found nothing therein wch might not in reason be granted: And therfore they should finde him ready to doe this Company all the favour and right they iustly could desire. And touching there request to renewe their Patent, his Matie: was like- wise pleased they should goe, to the drawinge vp of their booke being confident they would be carefull, to insert nothing therein that might be p̢iudiciall eyther to his power or proffitt: for wch cause his pleasure was that after they had finished the same, his learned Coun- sell might pervse it; wch afterward according to their owne desire might also be confirmed by Acte of Parliament ffor wch most grac̃ous and Princely favor: extended to towards them, the Court wth exceeding great ioye and comforte did generally testifie their infinite bounden thankfullnes vnto his Matie: as likewise vnto his Lop: and that other noble Lord: who had togeather taken so great paines and Care in a buissines of so great importance and consequence vnto them all. [184]

My Lo: signified of his Mats: gracious answere to their ɫre.

His Matie: was will- ing to renew their Patent.

The drafte of Sr William Mounsons Patent and other his associatℯ beinge nowe presented to the Court and read. The Court after a longe debating of some points therein conteyned wch were thought not sufficiently explained and having also taken exception against some other parte thereof: at length ordered that for the better explayninge of their true meaninge and intent thereby, these Causions and lymitac̃ons following should be inserted therein: recom̃endinge the Care hereof to see it done to those former Comittees appointed to examine the same. vizt.

Sr Willm Moun- sons Patent read.

Addic̃ons to be in- serted.

Sr Edwyn Sandys signified that my Lo: of Southampton being one of the greatest and most auncient Adventurors of this Company having now a desire wth the helpe and Assistance of some of his freindℯ to vndertake and advance a perticular Plantac̃on in Virginia, to the number of 300 shares, moved that a Patent might be granted to his Lop: and order taken for some p̢paration in the meane tyme to be there made, for the better encouragemt: of the Adventurors and set- ting forward of so noble a designe; wch moc̃on the Court generally condiscended vnto, as beinge willing to giue his Lop: all the hellpe and furtherance they could in an Action so full of honor: and by wch by example might [185] drawe on others, wth like resoluc̃on to advance more perticuler Plantac̃ons in Virginia and thereby in shorte tyme replenish that Country wth good multitudes of people.

A Patent granted to my Lo: of South̴- ton:

The Secretaries petic̃on was referred to the Auditors and Comittees to be considered of who are desired to certifie what they shall thinke fitt to be donne therein.

The Secrẽ Petic̃on referred.

The Auditors being put in mynde of mr Markhams request for some allowance for his paines extraordinary in the Companies service. It was thought fitt to respitt his reward, vntill they had further p̳ceeded in Sr Thomas Smiths Accounts, whereby his desertℯ that way would the better appeare.

mr Markhams re- ward respited.

After these businesses were thus ordered: and the Court nowe full, my Lord of Southampton moved that if the Company so pleased they would now goe to the elecc̃on of their newe Gouernor of Virginia who was to succeed Sr George Yeardly after the expiration of his said Com̃ission (wch is to determine in Nouemb: next, Sr George Yeardley having then allso a desire to release and disburden himsellf of the said place of Gouernmt:) The Court therfore proceeded having agreed to a present elecc̃on my Lo: prayed the Company that if according to his former admonition they had bethought themselues of any person of quality fitting for so eminent a place that would be willing to vnder- take the due managing thereof that they would now please to nomi- nate the man, who might be put to the ballating box to geather wth Sr ffrancis Wyate who was formerly proposed and recomended vnto them. 1

Letters from Sir George Yeardley to Sir Edwin Sandys, concerning his desire to be released from office, are mentioned in List of Records, Nos. 247 and 254, page 148, ante.

My Lo: desired to goe to the elecc̃on of their Gou9 nor:

But no other person being so much as named and for that this gentle- man Sr ffrancis Wyate was both recomended and so well knowne, to be every way sufficient to take this charge vpon him, he was in this great and generall Quarter Courte wth the whole consent and appro- bac̃on of the same, (save two only 2

Two blank pages in the manuscript, not numbered, were evidently unintentionally passed over by the copyist.

[186] whose balls were found in the negatiav box) chosen to be the successiue Gouernor: of Virginia after Sr George Yeardley: wch place Sr ffrancis Wyate having wth much thankfullnes accepted of, and with a free acknowledgment of his affeccon and resoluc̃on constantly bent to doe the Company the best service he could in that place: It was likewise moued that for his better encouragement herein the Court would be pleased to bestowe another favor vpon him by admitting him one of his Mats: Counsell here for Virginia Wch moc̃on was thought very reasonable and was generally assented vnto, as being willing in point of honor: to enhable and encourage him, the better to vndertake the said place of gouermt: vpon him.

Sr ffrauncis Wyate chosen Gouernor

Sr ffrancis Wyatℯ acknowlegmt of thanks Cr.

Sr ffrancis Wyate to be of ye Coun- sell.

An Extraordinary Court held for Virginia 22: Februarij 1620:

Present
Sr Edwin Sandys. mr Smith. mr Whitly.
Sr Iohn Dauers. Captain Bargraue. mr Palmer.
Sr ffran: Wyate. mr Iermin. mr Widdowes.
mr Deputy. mr Doctor Anthony. mr Baynam.
mr Wroth. mr George Sandys. mr Edwardℯ.
mr Wrote. mr Hicks. mr Melling.
mr Gibbℯ. mr Nicho: fferrar. mr Robertℯ.
mr Sheppard. mr Cranmer. mr Viner.
mr Casewell. mr Beareblock. mr Smith.
mr Chamberlen.
wth divers others.

Sr Edwin Sandys signified vnto the Company that my Lord of South- ampton by reason of this buissy time of Parliamt: could not be spared to be here at this present meetinge; and therfore desired to be excused, he further acquainted them, that the occasion of their being assembled this day, was to let them knowe, howe carefull he had been, in the drawing vp of their newe Patent, nowe presented to be read vnto them, [187] wherein he reported, what extraordinary paines he had taken, aswell to amend in this newe draft, the defectℯ he had noted in all the former Patentℯ, also to supply out of them, and other Presedentℯ of like nature, what he in his owne experience and iudgement had observed to be necessary for them, as also he had not omitted to inserte therein, such necessary cautions, as would hereafter secure and save them harmeles, against any Proclamation or Patent, that might (as heretofore) be procured to their preiudice, the same being once passed vnder the Seale and confirmed by Act of Parliament. But before the reading of this Newe Patent, he desired to acquainte them wth some alterac̃ons he had made therein, differ- ing from the former Patentℯ, especially in two pointℯ namely in the head, and in the body thereof. ffirst in the head, That whereas in the former Patentℯ their cheife officers were called by the name of Treasuror he had in this given him a more eminent title, by styling him their Gouernor: because the name Treasuror seemed to imploy an inferior officer and one that was to be an Accountant.

My Lo: of South̴- tons absence de- sired to be ex- cused.

Sr Edwin Sandys declarac̃on of drawing vp ye new Patent

And because the Northerne Colony-Adventurors, had to their Terri- tories given the name of New-England, he thought fitt that theirs did still retaine the ould name of Virginia. for by this meanes all Virginia should be theirs, for the body of this Patent, as namely in their new Incorporac̃on he said, he had likewise differed from the former in two pointℯ: first in the materiall parte thereof, by abrideging the same, and restrayning it onely to such Adventurors and Planters as have at least one share of Land of 100 acres in Virginia Cr. In the formall parte thereof, as well to avoide the infinity of names by reason of the multitude of Adventurors (encreasing still more and more,) as for that many were already named in a former Patent he therfore thought good in this to name only the Lordℯ of the higher howse of Parliament, and add therevnto these words comprehending in effect all the rest: viz: togeather wth all other [188] Adventurors and Planters in Virginia Cr. some other necessary alterac̃ons and addic̃ons, he said he had made in some other parte of the said Patent, wch in the reading he would notifie vnto them desiringe their attentac̃on attencons to the reading thereof, and to giue their best advise about the same.

Before the Patent was read through, because the Afternoone was farr spent it was vpon a motion agreed and ordered that the Court should continue till all buissinesses were ended.

The Court con- tinued

It was also moved by some of the Som̃er Ilands company that ye Court would please to thinke of some Course that might be forthwth taken in hand either by peticoninge to his Matie: or to the howse of Parlia- ment, to declare thereby the great hinderance and losse that both the Plantac̃ons had susteyned by the late Proclamation and Graunt of the sole importac̃on of Tobacco to certaine Patentees: As likewise vnder coulor thereof: of their iniurious proceedings against both the Com- panies in that they have not onely stinted them, to too scant a p̳por- c̃on but have also restrayned them from sellinge their Tobacco lately brought from the Som̃er Ilands wthout their Seale & allowance first had for wch they were to pay for garblinge the same after the rate of fower pence p̱li.

A moc̃on of some of the Sum̃er Ilands Compa: sig- nifying ye great losse they haue sustayned by ye Late Proclamac̃on Cr.

The Court therfore generally agreed to p̳ferr a petic̃on to the lower howse of Parliament in the name of the Company of Virginia being also members of the Somer Ilands. And therein to complaine of the former greivances tendinge to the vtter destrucc̃on and overthrowe of both the said Plantac̃ons, whereof they doubted not but they should finde the like redresse as of many other monopolies of like nature which the lower house had called into question and by his Mats: grac̃ous p̱mission intended vtterly to extinguish. [189]

A petic̃on to be drawen to ye lower house of Parliamt.

It was therfore ordered that a Comittee should be appointed for draw- ing the said petic̃on and for this purpose nominated Sr ffrancis Wyate mr George Sandys and mr Deputy fferrar who are desired to take some paines therein and to make it in substance agreeable to that wch Sr Edwyn Sandys had deliuered vnto them.

A Comittee for drawing ye Peti- con.

The Patent being reade and put to the question to knowe whither they would have it so to passe or desired any thinge to be added there- vnto, it was generally well approved of, and thought to be drawne fully and exactly, for wch the Company gave vnto Sr Edwyn Sandys many deserved thankℯ for his great paines taken therein.

The Patent ap- proued of

Herevpon mr Wrote tooke occasion to pray the Court, to take into considerac̃on such suitℯ as now depend betweene the Company and any person, being heretofore com̃enced in the name of the Treasuror and company (wch by this newe Patent was hereafter to be called the Gouernor and Company) were not so concluded, as they must of necessity be inforced to begin their suitℯ anewe: wherevnto answeare was made that this change of Title could be no preiudice at all to any such suites considering the former Patentℯ should not be surrendred but remaine still in force.

mr Wrotes moc̃on concrning such suites as depend between the Com- pany & any other person Cr.

Sr Edwyn Sandys havinge moved that some might be appointed to solicite the dispatch of this newe Patent vnder Seale and to procure the kingℯ warrant to mr Solicitor to make the same ready for his Mats: signature It was desired that the lordℯ might be intreated on the behallf of the Company to take that paines to procure the said warrant and to hasten the dispatch thereof wth some expedic̃on. [190]

The LLs: desired to procure his Mats: warrant to mr Sollicitor.

Captaine Bargraue havinge presented a treatise wch he had made concerning the gouerment of Virginia moved, that a Comittee might be appointed to peruse the same wherevpon the Court nominated Sr Edward Sackuill Sr ffrancis Wyate mr Gibbs mr Wrote mr Deputy mr George Sandys Captain Masters Captain Bingham mr Nicholas fferrar and mr Rugles who are desired to meete vpon monday the 26: of this present moneth to consider thereof and to certifie at their next Court their opinions touching the same.

A Comittee to pe- ruse Capt Bar- graues treatise.

At a Court held for Virginia the 12 of Aprill 1621:

Present.
The right honoble The Ea: of Huntingdon.
The Ea: of Southampton.
Sr Edwyn Sandys.
Sr Iohn Dauers.
Sr Iohn Wolstenholme.
Sr ffrãncis Wyate.
Sr Iohn Brookes.
Sr Walter Earle.
mr Gibbs. mr Rogers. mr Bennett. mr Baynam.
mr Deputy. mr Berblock. mr Iadwin. mr Hackett.
mr Phil: Iermyn. mr Sheppard. mr Hamor. mr Newport.
mr Chris: Earle. mr Cranmer. mr Tucker. mr Ewen.
Capt: Bargraue. mr Boothby. mr Coombs. mr Viner.
Doctor: Wynston. mr Palavacin. mr Peirce. mr Cuff.
mr Iohn Smyth. mr Smith. mr Barbor. mr Canninge.
mr Moone. mr Leauer. mr Widdowes. mr Woodall.
mr Keightly. mr Bull. mr Meuerell.

Sr Edwyn Sandys being desired to make reporte what had ben done concrning the newe Patent, signified vnto the Company, that whereas the Lo: Viscõnt Doncaster had form9ly p̢sented a letter from the Counsell to the kinge, wherein among other things they did humbly entreate his Mats: most grac̃ous favour, to renewe [191] their Patent, and that the same might be allso confirmed by Acte of Parliament, the better to strengthen the Plantation in generall by engaginge of the whole State in the interest and support of the Action: It pleased his Matie: to signifye his graceous pleasure by my Lord of Doncaster to mr Attorney generall for drawinge vp the same: To wch end he said, that he and mr Herbert and mr Deputy had attended mr Atturney about the same, presenting him the drafte wch had formerly been read here in Courte: and having acquainted him, wth the order he had vsed throughout the said booke by reducing it into three headℯ vizt. the first contayning such ym̃unities as had been graunted in their former Patentℯ, the second some addic̃ons as they had taken out of the Som̃er Ilands Patent, the third such newe clauses as tyme & experience had taught, to be necessary for them: wherevnto he added likewise a fourth wch was the amplifyinge and enlarging some neces- sarie pointℯ as were in generall wordℯ imployed in their former Grauntℯ. In reading whereof mr Attorney well obserued that their newe Incor- poration differing in name from the old (the Tr̃er beinge in this called by the name of Gouernor:) was not warrantable in lawe in that manner as they had drawne it, wthout surrender of the form9 Pat- entℯ, for that it did thereby imploy two distinct Corporac̃ons: But this point mr Atturney vndertooke to amend by altering the forme, and framing it another way: But as for such new clauses & addic̃ons wch they had made, mr Attorney desired he might have a speciall warrant from his Matie: to that effect: To wch purpose Sr Edwyn Sandys said there was nowe a petic̃on drawne to be exhibited to his Matie: for procuring a reference to such of his Highnes most honoble: priuy Counsell as it should please his Matie: to assigne, to take con- siderac̃on of those newe clauses wch they desired to be inserted in their Patent wch petic̃on my Lo: of Doncaster out of a noble desire to farther all occasions tendinge to the good of the Plantac̃on was pleased to vndertake to present vnto his Matie: and to solicite for answeare touching their request. [192]

Sr Edwyn Sandys report of what had been done about the new Patent.

Sr Edwyn Sandys moved that in regard mr Edward Bennett a Cittizen had so well deserved of this Company by a treatise wch he made touching the inconvenience that the importac̃on of Tobacco out of Spaine had brought into this land: and by his often attendance vpon the Com̃ittees of the lower howse of com̃ons about the same, (who were well inclyned to afford their best assistance for prohibiting the bringing in of Spanish Tobacco) that therfore he might haue the favor to be admitted a free member of the Company wch moc̃on was thought very reasonable and being put to the question was generally assented vnto and confirmed by erecc̃on of handℯ.

mr Edward Ben- nett made free.

Whereas Captaine William Newce out of a generous disposic̃on and desire to advance the generall Plantac̃on in Virginia (being induced herevnto by reason of a good successe he had in Ireland vpon the like worthy Action) hath freely offered vnto the Company to transport at his owne costℯ and charges 1000 persons into Virginia betwixt this and midsomer 1625: to be there planted and imployed vpon a pertic- ular Plantac̃on: and intendeth to goe over himsellfe in person, the better to direct and gouerne his owne people over whome he prayes, he may be appointed their Generall and to that end desireth a Patent wth that proporc̃on of land, and wth such large and ample priviledges besides, as are vsually graunted to others in that ∥the like∥ kind. And further aswell in considerac̃on of the Chargeableness, of the enterprise he vndertakes, as also for his better encouragemt there- vnto, he desireth the Company would ∥please∥ graunt him the place of Marshall in Virginia, which office he affecteth the [193] rather, because he hath ever been exercised in Military affaires and Armes, (as may appeare by his many worthy services performed in Ireland, well knowne to diuers honoble: persons of this kingdome, who have testified the same sufficiently vpon their owne knowledge to his exceedinge great Com̃endac̃on): And desires likewise that he may be allowed 50: men to be placed as Tenantℯ vpon the landℯ to be alotted vnto the said office, wch he vndertakes to transporte and furnish wth apparell and necessary implementℯ for 8li: the p̱son charge vnto the Company (whereof the Moytie he desires present payment) wch persons beinge there arryved he will maintaine and vphould at his owne charge from tyme to tyme duringe his continuance in the said office: The Court havinge therefore duely considered of his proposic̃ons (concerning wch the Counsell had also treated wth him formerly) were pleased to giue order that a Patent should be drawne for him, as ample as any other, wth all manner of priuiledges, saving the Tytle of Generall, wch they could not graunt him, because it was a tytle properly belong- ing to the Gouernor only.

Capt Wilɫm Newce offer to transport 1000 persons

his request for a Patent.

his request for ye place of Marshall in Virginia

A Patent graunted him

And forasmuch as Captaine Newce hath given so large a testimony of his experience and skill in Marshall discipline wherein he hath bene exercised and imployed a long tyme, vpon many seruices in Ireland, as allso in matters of fortificac̃on and other warlike experi- mentℯ no whitt inferior to any (as hath been also testified) and for that he hath also promised to imploy his best endeavors and service, to the good of that Plantac̃on (wch is like to proue a matter of great consequence vnto it) in considerac̃on whereof although there be no present necessity or vse of such an officer in Virginia (in reguard of the perpetuall league lately made betweene the Gouernor there and the Indyan Kinge) yet to gratifie his worthy vndertakinge [194] the Company are pleased to grant him the said place of Marshall, wth 50: men to be his Tenantℯ. And if the State of their Cash (wch the Adventurors are now desired to examine,) will p̱mitt, they will pay him in hand one Moytie of the money that he desires, and the other Moytie vpon Certificate from the Gouernor of his arrivall in Virginia: As for other condic̃ons of the Contract to be made betweene the Com- pany and him: It is agreed and ordered that ye generall Comittees assisted wth some of the Counsell hereafter named, shall further treate and conclude wth him about ye same, touchinge all perticularities whatsoeuer, and to this end are desired to meete at Sr Edwyn Sandys house vpon Saturday being the 14th of this present Moneth.

The place of Mar- shall graunted to Sr Willm Newce.

50: men to be al- lowed him.

A Com̃ittee ap- pointed to treate wth him.

Touchinge mr Peirce his petic̃on for two hundred pound of ye Com- panie formerly ordered to be paide to mr Rolfe to his vse as by the bill of [149] Exchange vnder the Cape Marchantℯ hand may appeare wch monny is not yett paid as hee affirmeth, The Courte therfore hath referred the further examinac̃on of his said petic̃on vnto the Auditors who are to certifie the truth therof vnto the Courte.

mr Peirce his peti- c̃on referd to ye Auditors

The names of those of ye Counsell that are desired to assist the Comittees are these vizt. Sr Edwyn Sandys. mr Iermin.
Sr Iohn Dauers. mr Wrote.
mr Sheppard. mr Doc: Winston.
mr Deputy. mr Keightley.
mr Gibbs.

Counsell.

The names of the generall Com̃ittees are these vizt.

mr Cranmer. mr Barnard. mr Bland.
mr Bearblocke. mr Boothby. mr Wiseman.
mr Bull. mr Nich: fferrar. mr Chambers.
mr Geo: Smith. mr Iones. mr Wheatley.
mr Casewell. mr Clarke. mr Darnelly.
mr Melling.

Comittees.

Mr Smith signified vnto the Company that my Lady Berkley out of a desire to be a member of so honoble: a Company and to giue some furtherance to so hopefull a Plantac̃on was pleased to offer her sellf to come in vpon one share of land nowe at first for wch shee would pay in her 12li 10s. And therfore [195] moved her lap: might be admitted into this Society: which moc̃on was thought very reason- able and was generally assented vnto.

My La: Berkly ad- mitted to be free.

He likewise moued that in regard mr Ouldsworth (now in Virginia) when he was in England lyved in that reputac̃on and Creditt as befitted a gentleman of his ranke and quality being a Iustice of peace and of the Quorum; and that in respect of his worth and sufficiency he might be admitted one of the Counsell of State in Virginia, wch moc̃on was also conceaved to be very reasonable, and therfore ordered that it should be moued in a Quarter Courte; And besides some place should be thought vpon for him suitable to his personall merritt and worth.

mr Oulsworth to be one of ye Coun- sell of State in Vir- ginia.

Sr Edwyn Sandys moved that for so much as Sr ffrauncis Wyate, is by a generall elecc̃on appointed to succeed Sr George Yeardley in the place of Gouernor over the Colony in Virginia; whose Comission determines in Novemb: next: That therfore the generall Com̃ittees, assisted wth those of the Counsell, formerly named, might consider, both what charges and what Company, and other preparac̃ons shall be fitt and necessary to be provided for a man of his quality and place, whereby Sr ffrauncis Wyate may the better vnderstand howe to accomodate himsellf against his goinge: wch moc̃on was thought very important and therfore the Court ordered it, to be referred to the Comittees formerly nominated.

The Comittees to consider of the charge Cr yt is to be prouided for Sr ffra: Wyate.

Captain Mathewe Som̃erℯ petic̃on is referred to the examinac̃on of the said Comittees before whome he is required to make it appeare what was due vnto his Vncle Sr George Somers as likewise ye iustnes of his Clayme therevnto in the right of his said vncle now deceased whose heire he pretendeth himsellf to be. [196]

Capt. Som̃erℯ peti- c̃on referred.

Sr Edwyn Sandys moved, that for somuch as Sr Richard Bulkley hav- ing purchased two shares of land for wch he had paid in his 25li: intended nowe to make a perticular Plantac̃on in Virginia, and to send over 100 p̱sons at his owne Charge: moued that he might for that purpose have a Patent graunted vnto him: wch moc̃on was accord- ingly assented vnto.

A Patent to Sr Rich: Buckley.

Sr Edwyn Sandys signified that there was one (vnknowne to him by face) was nowe in hand wth an excellent Tretise consisting of these five speciall headℯ Defence, Plentie Health, Trade and Manners, all tendinge to the reformac̃on of the Colony in Virginia, and the future advancement of the generall Plantac̃on: moved therfore that the Court would be pleased to make request, that the said Treatise might be perfected against the next meetinge: Wherevpon the Court entreated the same might be ready against that tyme.

The treatise of de- fence Health Cr. to be ready agt: ye next meeting.

It was likewise moved that for somuch as there hath hetherto been observed so great neglect and remissenes in the Gouernors: of Virginia, from tyme to tyme (to the infinite preiudice of that Plantac̃on) in that they haue not duely performed those direcc̃ons, which haue from hence been Com̃ended, to their care and execuc̃on, whereby little or nothinge hath been effected, answearable to the great care and charge the Company haue been at, for planting good and staple Comodities in that Country, to the great scandall of the gouerment there, and noe lesse discouragement of the Adventurors here, that for reformation hereof such an [197] officer may be chosen, to be sent thither, who might in the qualitie of a Treasurer not onely to take into his p̱ticuler charge the Rentℯ and duties of what kind soever, belonging to the Company here (there being at this instant aboue 1000li: due vnto them) but also take into his speciall reguard and care, (as principally recom̃- ended to his peculiar Charge onely and for wch a good Acc̃ount wilbe expected) to see those direccons and com̃aundementℯ wch he shall receaue from hence, duely and faithfully executed from time to time or otherwise to render a sufficient reason to the Contrary whereby the Company hereafter may be better informed and satisfied in the pro- ceed of their buissines and affaires in Virginia: wch moc̃on the Court greatly applauding, as that wch carried wth it the greatest consequence, and being desirous that such an important officer, might be forthwth thought vpon:

The neglect in the Gou9nors for plant- ing of Staple Com- odities.

An officer to be sent in ye quality of a Treasuror

It pleased my Lo: of Southampton to propose a gentleman, well knowne vnto them all, as a man very fitt to take that charge vpon him namely mr George Sandys who indeed was generally so well reputed of, for his approued fidelity sufficiency and integrity: as they conceaved a fitter man could not be chosen for that place and there- vpon agreed to his elecc̃on; referring him to the former Comittees to be further treated and concluded with concerning the same.

mr George Sandys named for Treas- uror.

Herevpon, and vpon declarac̃on of the State of the newe Patent made by Sr Edwin Sandys, mr Smith tooke occasion, first to p̳test that his eye, in that he had to speake, reflected not either vpon ye person of the nowe Gouernor: in Virginia, or vpon the new Gouernor here in Court, or vpon any other in perticular but for the generall honor: and welfare of the Plantation, was to entreat of my lord of Southampton & the Counsell: that in the said Patent (if no such [198] addic̃on of power were therein inserted) authority might be given to the quarter Courtℯ, to question the Gouernor of Virginia here in England if the ill merritt of his government should so deserve, and to puñish him by fyne or otherwise. ffor he could not but declare that not publicum but priuatum com̃odum did seeme to have ben their endℯ of effecting that place: for his private letters (whereof he had at tymes receaved aboue forty) did as he thought truely informe: That no direcc̃ons or instrucc̃ons (which wth sing̃ler wisedome dilligence and care) had from tyme to tyme issued from the Treasuror: and Counsell here; had been put by them in execuc̃on to the losse of many mens lives there, to the hinderance & scandall of the whole Plantac̃on and to the disesteeme and slightinge of the p̱sons of the Treasuror and Counsell here, and the authoritie of the whole Court, wch he onely presumed to com̃end to their considerac̃ons. But herevnto answeare was made yt it was the opinion of mr Atturney generall vpon a smaler matter in their newe Patent then this was (namely the punishment of labourers artificers and such like offenders) that he feared, it would have much adoe to passe wth such a clause the house of Parliamt. And besides they had already power in their said Patent to displace the Gouernor vpon iust occasions: which was conceaved to be as much as would be graunted vnto them by Acte of Parliament touching that point. 1

This is the last mention of the new patent. See Introduction, page 102, ante.

mr Smithℯ mocon touching ye newe Patent.

yt ye Gouernor of Virginia may be questioned in Eng: Cr

The opinion of mr AtturneyGenerall.

Power to displace ye Gou9nor.

Mr Smith likewise moved: That for so much as ye lottaries were now suspended, which hetherto had continued the reall and substantiall food, by which Virginia hath been nourished: [199] That insteade thereof, shee might be now preserued, by divulginge fame and good report, as shee and her worthy Vndertakers did well deserue, declar- ing that it could not but much advance the Plantac̃on in the popular opinion of the Com̃on Subiectℯ, to have a faire & perspicuous history, compiled of that Country, from her first discouery to this day: And to haue the memory and fame of many of her worthies ∥though they be dead to liue and be transmitted to all posterities∥: As namely Sr Thomas Dale Sr George Som̃ers Sr Walter Rawleigh the Lo: Dela- warr Sr: Thomas Gates and divers others wherevnto were it not for suspition of flattery he would wish also the names of many her other worthies yet livinge and some of them now present in Court, might have also their honoble : and good deservingℯ com̃ended to eternall thankefullnes, for that our inhabilities had as yet no trewer Coyne, wherewith to recompence their paines and merrite, affirming also, that the best now planted partℯ of America, vndr the Spanish gover- ment nor their Annales or histories of those times, in their like ages of ours nowe 12 yeares old Virginia afforded better matter of relac̃on then Virginia hath donn; and doth, which what effect such a gen- erall history (deduced to the life to this yeare) would worke through- out the Kingdome with the generall and com̃on Subiect, may be gathered by the little Pamphlettℯ or declarac̃ons lately printed: And besides fewe succeedinge yeares would soone consume the lives of many whose livinge memories yet retayned much and devouered those letters & intelligences which yet remaine in loose and neglected papers: for wch boldnes in mouinge hereof he prayed his Lops: par- don, ledd herevnto vpon the request of some of his fellowes of the Generallity. [200]

mr Smiths Moc̃on for a faire history to be put out in Print Cr.

wch worthy speach had of the whole Court a very great applause as spoken freely to a speciall purpose and therfore thought fitt to be considered of and put in practise in his due time. And for wch also, mr Smyth (as preferring alwaies moc̃ons of speciall consequence) was exceedingly com̃ended. 1

This book is not again referred to, but is doubtless John Smith's "The Generall Historie of Virginia."

A Præparatiue Court for Virginia 30: Aprilis 1621:

Present:
Sr Iohn Dauers. mr Bland. mr Melling.
Sr ffrãncis Wyate. mr Henry Rainsford. mr Geo: Smith.
Sr Henry Raynsford. mr Edw: Gibbℯ. mr Meuerell.
mr Deputy. mr Rogers. mr Wale.
mr Gibbℯ. mr Cranmer. mr Parker.
mr Wrote. mr Challoner. mr Nich: fferrar.
Capt Newce. mr Wheatly. mr Rugles.
mr Geo: Sandys. mr Boothby. mr Widdowes.
Doctor Anthony. mr Barbor. mr Baynam.
mr Smith. mr Couell. mr Ewens.
mr Shepperd. mr Combs.
mr Steward. mr Bull.
Captain Tucker. mr Casewell.

Whereas it hath been taken into considerac̃on howe importantly necessary it is to establish two such officers in Virginia as Marshall and Treasuror whereby the one might take into his care and charge aswell the fortificacon Armes and forces of the Colony there, and to cause the people to be duely trayned vp in military services and in the vse and order of Armes, and so from time to time to [201] mayn- taine the greatest strength that may be against all forraigne invasions, And that the other, might not onely wth like care take into his Charge the Rentℯ and debtℯ that now and here after shalbe due vnto the Company (there being already aboue 1000li to be answeared vnto them) but further also see those direcc̃ons that he shall receave from home for the setting forward all staple Com̃odities duely and faith- fully executed from time to tyme (wherein a very great neglect hath hetherto been observed to the infinite preiudice of that Plantac̃on) And for asmuch as Captain William Newce hath been specially recom̃ended vnto this Company by divers honoble: persons of this kingdome for his fidelity iudgement and sufficiency to vndertake and performe the said office and service of Marshall as having ever been exercised in military affaires and Armes: And for the said place of Treasuror because mr Sandys was in like manner proposed whome all men conceaved to be every way sufficient, to take that charge vpon him: It was thought fitt and ordered that the generall Com̃it- tees, assisted wth some of the Counsell, should meete togeather and advise aswell for setling of the said offices and places and for accom- odating them wth fitting allowances and people. As also to take the like care that the Newe Gouernor shortly to be sent be well provided and accomodated fitting for his place and quality, Wherevpon mr Deputy desired Sr Iohn Dauers to deliver what had been donn by the Comittees concerning the same who reported that they had taken great care and paines therein aswell to informe them sellves out of other Presidentℯ what had been allowed in the like kinde as also of the present State of the Cash what it was now able to performe. 1

The system of government for the colony is mentioned in List of Records, No. 261, page 149, ante.

[202]

The officers of Marshall & Treas- uror held very necessary.

Capt Newce for the place of Mar- shall.

mr Sandys for ye place of Treasuror.

The Generall Com- ittees to advise for ye setling of the said offices.

It was reported by Sr Io: Dauers yt ye Comittees had taken great paines Cr

And first for the place of Marshall the said Comittees haue allotted 1500: acres of land to be appropriated to that office for ever, And the number of 50: p̱sons to be placed as Tenantℯ vpon the said landℯ which the said Captain William Newce hath vndertaken wthin one yeare after his arrivall in Virginia to procure and place vpon the said landℯ well furnished wthall thingℯ necessary for the cultivatinge thereof and the same number to maintaine and keepe, and so to leave to his Successor. In considerac̃on whereof they have agreed to paye vnto him the said Captain Newce 200li: in hand at the sealing of his Com̃ission for that place and other 200li towardℯ the discharge of his shipping and Marriners wages vpon their returne from Virginia, or in default thereof vpon Certificate of the landing of his people in Virginia.

Allowance for ye maynteñnce of ye place of Marshall.

And for the maintenance of the said Treasuror, the said Comittees have likewise allotted 1500: acres of land perpetually to his office, and 50: men to be placed therevpon, in the quality of Teñantℯ, whereof 25 to be sent this yeare, to accompany the person of the said Treas- uror, and the other 25: the next yeare following: who is also to have the passage of his owne family (not exceeding the number of 10: p̱sons) to be transported at the Comps charges: And toward furnish- inge of himsellfe for the voiage, according to former Presidentℯ in the like nature, they thought fitt to allowe 150li.

Allowance for ye maintenñce of ye place of Treasuror.

And concerning Captain Thomas Newce (the Companies deputy in Virginia) aswell in discharge of a former p̳mise made vnto him as also to thend his reward might be no lesse then others whose paines and desertℯ they doubted not but he would equall they have agreed to add 10: p̱sons more (when the Comp: shalbe able) to make vp his former number 50. [203]

Capt Thomas Newce 10 persons.

The Comittees thought meete also, that for all officers thus setled, the same priviledges (graunted vnto the said Captaine Thomas Newce deputy) should in like sort be given vizt: that whosoever for their sakes should bringe in any adventure of 12li 10s: the money so brought in, might be imployed for encreasing the numbers of men belonging to their places and likewise the hallf of all such old debtℯ due vnto the Company vpon subscripc̃on that shall be procured and brought in, by their meanes.

The Priviledges graunted to Capt. Tho: Newce to be likewise grãnted to these officers (vizt) Cr.

And as touching the Gouernor: shortly to be sent: It was thought fitt to haue all necessaries in such readines as to have him shipped and be gon the Voyadge by the prime of Iuly and the men to be taken in, at the Ile of Wight.

The Gou9nor to be gonn by Iuly.

ffor the more speedy effecting whereof, it is also agreed that the Comittees should be required to enquire out the Shipp meete for this intended voyadge.

The Comittees to enquire out a Shipp.

It was allso thought fitt by the said Com̃ittees not to allowe ye Gou9- nor: lesse then two hundred poundℯ for all necessary provisions to be made for his voyadge And to allowe him the transport of himsellf and such as shall attend him so as the number exceedℯ not 20 p̱sons.

200li allowed by ye Comittees to ye Gou9nor: & ye transport of 20. persons.

All wch allowances the Court thought very reasonable and therefore recom̃ended them to the Confirmation of the Quarter Courte.

Mr Deputy signified that according to the direcc̃ons of the former Com̃ittees, they had made enquiry and had already found out a very good Shipp, called the George very fitting for their purpose wch mr Wiseman offered vpon these Condic̃ons following vizt yt shee should carry no more then 80 men [204] and them at 6li a man after wch rate he desires to have the whole payment in hand: he demands likewise for each tuñ of goodℯ 3li: & to carry no more then may conveniently be stowed in the Hold, wthout pestering the decke. He hath promised likewise to allowe to every two Passengers one Chest, fraight free: And further for his fraight homewardℯ he will take it as it falls out and offereth to bynde himselfe to bring the Companies Tobacco at 3d the pound or otherwise to leave it, at their pleasure for the price and whither they will accept to have it brought in his Shipp or no; wch mr Ewens also agreed vnto, offring to carry their Tobacco as good Cheape as another, and otherwise they did not desire it.

The George found out by ye Comit- tees.

mr Wysemans offer.

Wch proposic̃ons the Court thought very reasonable and therfore rec- omended it to the Quarter Court, and wthall enioyned the said mr Ewens, to haue his Shipp in a readines by the first of Iuly next, either at the Ile of Wight, or where the Comittees shall appointe, whome he is required to attend for that purpose.

The said offer rec- om̃ended to the Quarter Court.

Sr Iohn Dauers delivered (and referred it to the Considerac̃on of the Courte) a moc̃on that fell out to be made after the treaty of the Com- ittees concerning the former officers was concluded: wch was that in reguard of the vsuall constituc̃on of men and landℯ to belonge to every cheif officers place, and some reason & experience had found that the officers Teñantℯ were cheifely reguarded and the generall Companies Tenantℯ the more neglected: it therfore might be fitting to cast and allott all the Gou9nors and other officers Teñantℯ into the ñmber of the publique and out of [205] the whole proffittℯ belonging to the Com- pany, and the said Gouernor: and other officers should have their p̱ts proportionable to the number of Tenantℯ appointed vnto them. By wch meanes there would be a more generall care for the advancing publique affaires and proffitt of the generall Company since all the officers interest and Comodity was therein imployed; which moc̃on being conceaved an Innovac̃on and to overthrowe thingℯ already estab- lished was (as the case nowe stoode) thought more likely to introduce a conceipt in the people of inconstancy of their governmt: & conse- quently a discontent then such a due reformac̃on as might be hoped. Nevertheles it was worthy considerac̃on whither the Treasurors place and other hereafter to be established might not very fittingly be referred to receaue their proporc̃onable mayntenance from the proffitℯ of the publique Teñantℯ since it was very probable that these officers so to be mayntained would imploy their owne care, and likewise by their dilligent watchfullnes enduce the former established officers, to bestowe their paines more fully and diligently for the raising of the Companies proffitt and not so much to intend their owne p̱ticulers: wch moc̃on was thought fitt to be considered of hereafter.

Sr Iohn Dauers moc̃on for casting and alotting all ye Gou9nors and other officers Teñntℯ into ye number of the Publique:

Mr Wrote moved that for somuch as the Gouernors: hetherto as he had heard had not donn according to their instrucc̃ons to cause their Tenantℯ to plant and builde howses whereby they might haue a fixed place of abiding and subsistence that therefore the newe Gouernor and all others hereafter might be the more strictly dealt wthall, in their Instrucc̃ons concerning that point whereby the Company may not be inforced hereafter at the seaven yeares end to send over fresh supplies of p̱sons vpon a newe charge wch moc̃on was thought fitt to be recomended to the care and considerac̃on of the Counsell and to insert that Prouiso in his Comission and Instrucc̃ons.

mr Wrotes moc̃on of the neglect of Gou9nors in not buildinge howses. Cr.

Whereas in respect of the personall worth and merritt of mr: Ouls- worth nowe in Virginia a moc̃on was made for conferring vpon him the Chansellor ship ∥Chauncellorp∥: wherein he had [206] some good experiences: It was aunsweared that for somuch as the place is chal- lenged by another gentlemen pretending a former graunt thereof from the Company in respect of his adventure, it could not be graunted: The Court therfore thought fitt, to respite the same vntill it might appeare what title or pretence the said gentlem̃n had therevnto.

The Place of Coun- sellorp: to be con- ferred on mr Ouls- worth referred.

Mr Deputy acquainted the Court that for so much as the orders of the Company did require every officer to give vp his Account for the yeare past at this Quartr Court according to his place he thought good for somuch as concerned him and to yeeld them a true Account (not doubting but that p̱te of Account wch concrned my Lo: of South- ampton himsellf it would please his Lop: to relate vnto them to their good satisfacc̃on.)

Every officer to giue vp his Ac- count.

Concerning mr deputies Accountℯ he shewed that whereas he had receaved divers Som̃es of money of his Lop: to be disbursed by him and the Comittees in making provisions of all sortℯ for divers shipps and people this yeare sent to Virginia he was not able at this Court to giue vp a p̱fect Account of all the p̱ticulars to the finishing of it. In regard that himsellfe and the Comittees for the more speeedy dispatch of the said Shipps and people formerly sent had bought divers sortℯ of provisions vpon their Credittℯ hoping to have receaved money ere this tyme from mr Barbor for clearing those debtℯ. Wherby his Accountℯ might have been perfected against this Quarter Court.

Concrning mr Dep- uties Accom̄t.

But the sodaine suppressing of the Lottaries have caused that money came not in as they expected; And forsomuch as the Companies Stocke lyeth now altogeather in plate, and therfore not so p̢sently able to be turned into money, wthout to great losse but hoped it would by the next Quarter Court wch would be about five weekes [207] hence; for these reasons he did humblie entreate this Court that they would be pleased to respite his Accountℯ till the moneys were receaved for the paying of such debtℯ as were to be discharged vpon the last yeares Account wch being cleered he promiseth to bring in his Account wch the Court thought verie reasonable.

mr Deputies re- quest to respitt his Accountℯ.

Touching Sr Edwyn Sandys Account he likewise declared that in his absence he was to signify vnto them, that whereas Sr: Edwin at the giv- ing vp of his place stood bound for the Company, for certaine Sum̃es of money wch were ordered to be paid vnto him for discharge of the fraight of divers shipps, and other things, wch Shipps for somuch as all of them are not yet returned but daily expected he therfore desired his Accountℯ might likewise be respited till the next Quarter Courte after this: By wch time hee hopeth the Shippes wilbe returned, whereby he may discharge her according to the Contract, as wee ∥hee∥ had well and carefully donn all othrs for wch he stoode engaged, wch moc̃on was likewise thought very reasonable and of necessitie to be graunted.

touching Sr Edwyn Sandys Account.

Mr Tucker moved in the behallfe of one mr: Norewood whome hee much comended for his approved skill and experience in surveying of landℯ and for so much as there was so great vse of such an officer in Virginia for meating out and distinguishing the true lymittℯ and boundℯ of each p̱tic̃ler Plantac̃on and that he was very desirous to goe vpon that service that therfore the Company would please to accept of him for their Surveyor: The Court herevpon referred him to the Comittees to be further treated wth about the same.

mr Morewood re- ferred to ye Comit- tees to be treated with.

Mr: Deputy having informed the Court of mr Newlandℯ good affecc̃on to the Plantac̃on and of his extraordinary paines and care he had taken about the Shipping of the p̱sonns transported in ye Abigaile taken in at the Ile of Wight: In considerac̃on whereof the Court was pleased to bestowe vpon him ·5· shares of land, recomending the same to the confirmac̃on of this Quarter Court. [208]

5: shares of Land bestowed on mr Newland.

It was likewise moved that for somuch as mr Bonnall keeper of the kingℯ Silkewormes at Otlandℯ had so well deserved of the Company by his Care in procuringe the ffrenchmen from Languedock wch were heretofore sent to Virginia and had likewise reported well of Virginia to his Maty: vpon occasion of speach (comending the Mulbery trees in that Country to be of the best kinde) moued therfore that the Court would please to gratifie his good deservingℯ wth the guift of some shares of Land and to make him a free brother of the Company wherevpon it was ordered he should have two shares and have his admittance accordingly.

Two Shares be- stowed on mr Bon- nell & admitted to be free.

The Auditors and Comittees according to a former order of Court having taken into their considerac̃on the many buissinesses incident to the Secretaries office (farr exceeding that wch was donn by the former Secretary) thought it fitt in considerac̃on thereof to enlarge his Salary from xxli p̱ Anñ: to 40li: for the time to come and for the yeare past to reward him wth 20li: more then his former stypend in respect of his paines extraordinary.

The Secretaries Sallary enlarged.

Sr Iohn Dãuers signified that it was the request of my Lady Lawarre vnto this Courte that in Considerac̃on of her goodℯ remayning in the handℯ of mr Rolfe in Virginia shee might receave satisfacc̃on for ye same out of his Tobacco nowe sent home, But for so much as it is supposed the said Tobacco is none of the said Rolfℯ, but belonged to mr Peirce, it was thought fitt that mr Henry Rolfe should acquaint my Lady Lawarre of his Brothers offer (as he informes) to make her Lap: good and faithfull Account of all such goodℯ as remayne in his handℯ vpon her Laps: direcc̃on to that effect. [209]

It was signified vnto the Court that my Lady Lawarr and her sonne had assigned 40: shares of land in Virginia vnto mr Carter for sun- drie Adventurors of the Company wch they desired might passe the approbac̃on of this Courte wch being allowed by the Auditors was graunted. Where, vpon, mr Carters moving to passe these shares followinge, his request was graunted.

My Lady Lawarr 40: shares to mr Carter.

To mr Henry Rainsford 2 shares
To mr Craddocke 1 share
To mr Palmer 1 share
To mr Iohn Harte 1 share

Shares passed by mr Carter.

Thomas Colby of London Silkeman peticoning for the Adventure of his Brother Edmondy Colby who paid in xijli xs 1609. as likewise for the Adventure of his said Brothers p̱son, being long since dead, and he next heire: The Court was pleased to graunt him his request recomending the same to the Quarter Courte to be confirmed.

Tho: Colby his re- quest graunted.

The Court vpon like request passed these other ∥shares∥ following vizt.

mr Peire 2 shares to mr Barbor.

2: shares from mr Lott Peire to mr Barbor.

3· shares from mr Downes to mr Iohn Smith

mr Downes ·3· shares to mr Iohn Smith.

Vpon request of mr Raph ffogge that he might have the shares passed vnto him by assignemt: confirmed vnto him vnder the Companies Seale, It was moved that it might be referred to the Auditors and Comittees that such a generall Course might be taken, for better assurance of shares of land vnto each man, that they might have it passed vnder the Seale of the Company in regaurd that papers were apt to be torne and lost.

mr ffoggs request to haue his shares confirmed vnder ye Comps: Seale.

Mr Woodall is required at the next Quarter Court in Middsom̃er Terme to make his p̱sonall answeare to such scandalous speeches as he had form9ly divulged in disgrace of the Booke authorised by his Mats: Counsell for Virginia and in the meane time he standℯ suspended from cominge to Courtℯ. [210]

mr Woodall re- quired to make his answere.

Mr Capps having put a peticon to the Counsell and Comittees at their last meeting, for satisfacc̃on of Certaine land wch he said was taken from him by the Gouernor: in Virginia at the arrivall of Captaine Newce because the said land fell in that parte where the Companie had appointed & ordered there land should be sett out: The Counsell and Comittees thought it not fitt vpon his report to make any such satisfacc̃on but to leave the matter to be fully examined by the Newe Governor: and therein they promised Iustice and equity.

mr Capps petic̃on to be examined by ye newe Gouernor.

But in regard the said mr Capps was knowne to have donn much serv- ice to the Company in the space of 12: yeares wch ∥whilst∥ he lived in Virginia and had not receaved the Reward of ·2· Kyne wch ye Comp̃: had three yeares agoe given him, (as some of the Company remem- ber) They thought it therfore fitt (wthout preiudice he pretendℯ in ye land) to bestowe on him the passage and transportac̃on of five men in reward of his good service: To wch the Courte gave consent and referred the Conclusion to this Quarter Courte.

mr Capps to haue ye passage of 5. men free

Mr Henry Rolfℯ petic̃on in the behallfe of his brother Iohn Rolfe in Virginia, is referred to the Auditors and Comittees to be examined, who are desired to make report what they shall thinke fitt to be donn therein.

mr Henry Rolfℯ pe- tic̃on referred.

Mr Thomas Harteastles peticon is referred to Sr ffra: Wyate who at his arryvall in Virginia is desired to make enquiry touching such goodℯ as the peticoners wyfe Claymeth in the right of her former husband Leonard Danby deceased as likewise for allottment of the shares of land due vnto her said deceased husband for his personall adventure & of her two sonns, Iohn Whitton, and William Danby, being both transported at their said fathers charge.

mr Tho: Harteast- les peticon re- ferred to Sr ffra: Wyate.

Mr Moones petic̃on touching his Brother Nicholas Moones Adventure of money paid into the Treasury, is referred to the examinac̃on of the Auditors. [211]

mr Moones peticon referred.

Mr Richard Bulkleys Patent for a perticular Plantation in Virginia was nowe read and recomended to the Confirmac̃on of the Quarter Court.

mr Bulklies Pat- ent.

The Patent to Sr Richard Worsly and the rest of his Associatℯ was like wise reade and recomended as afore said.

Sr Rich. Worsleis Patent.

The Patent of Captaine Newce for a Plantac̃on was likewise reade and recom̃ended.

Capt Newce his Patent.

Mr Cranmer mr Bland mr Melling, mr Nicho: fferrar, by order of Court mett at mr Deputy fferrars house the 30th of Aprill, to examine the bookes what land was due to Sr George Sum̃ers in Virginia.

Secondly to see what proofes mr Mathewe Sum̃ers could make that he was Sr George Sum̃ers heire and that the land belonged vnto him. ffor mr Mathewe Sum̃ers appeared Captaine Bayly and two othr gentlemen.

The Comittees re- porte touching mr Mathewe Sumers.

Concerninge the first.
The Iournall and lidger being p̱vsed the Account was found to stand thus Sr George Sum̃ers is Creditor for sundrie provisions bought by him for the Company fol. 280: 0939li:—14—9d.
Sr George Som̃ers is deputor for seuerall Adventures of Sr Thomas ffreake & others allowed him, as fol 28. 0463 —19—6:
So rests due to Sr George Summers to be paid in shares of land 0475 —15—9d.

Concerning the second pointe.

Captaine Baylie confessed yt Sr George Sum̃ers had a brother called Nicholas Summers, wch Nicho: Sum̃ers had ·2· sonns: Nicho: Sum- mers the elder, and Mathewe Sum̃ers the younger to wch Mathew, they say Sr George Som̃ers his intent and purpose was, that all his land and estate should discend, and to that effect they produced the Copie of Sr George Sum̃ers his will, but neithr vnder Seale of the office or any Notaries hand, this will they say was made before Sr Geo: Sum̃- ers went to Virginia, & neither of the brothers Executor, in this will they shewed a clause to this purpose, yt Sr George Sum̃ers bequeathed a crtaine Porc̃on of land & 100li in money to his Nephew Nicholas Sum̃ers vpon Condic̃on yt ye said Nicho: ∥Sum̃ers∥ [212] should release vnto his brother Mathewe all manner of right and Title that the said Nicholas Could or might pretend to certain Manors and other landℯ of Sr George Som̃ers in certaine Villages in dorsett shire there p̱ticulrly sett downe and this they say the said Nicholas did performe and made vnto his brother Mathewe a release and assignement of all the landℯ discended or discendable vnto him by Sr George Som̃ers by vertue whereof they challenge the Landℯ in Virginia and say they can p̳duce the release and assignemt: of Nicholas vnto Mathew drawne by a lawyer and engrossed this Nicholas they confesse to be yet alive. 1

The rest of this page 212 is, in the original, without writing.

[213]

At a great and generall Quarter Court held for Virginia on Wenesday the second of May 1621:

Present
the right Honoble: Earle of Southampton.
Lo: Cauendish.
Lo: Padgett.
Sr: Thomas Roe. Sr: Edwyn Sandys. Sr: Samuell Sandys.
Sr Nich: Tufton. Sr: Iohn Dãuers. Sr: Walter Earle.
Sr Rich: Worsely. Sr: Henry Rainsford. Sr ffran: Wyate.
mr Deputy fferrar. mr George Sandys. Captain Tucker.
mr Toby Palauacine. Capt: Wm Newce. mr Rob̴te Smith.
mr Thomas Gibbs. Capt. Bargraue. mr Challonr.
mr Iohn Zouch. mr Wm: Oxenbridge. mr Porter.
mr Iohn Smith. mr Kempe. mr Moone.
Doctor: Winstone. mr Henry Rainsford. mr Jefferson.
Doctor: Anthony. mr Edw: Gibbs. mr Sheppard.
mr Nich: fferrar.

mr Peniston mr Cartwright mr Wale mr Scott mr Palmer mr Newland mr Abra: Chamberlen mr Biddolph mr Boothby mr Tomkins mr Iadwin mr Rogers mr Clarke mr Wiseman mr Agres mr Bennett mr Couell mr Poulson mr Louer mr Bull mr Bland mr Rugles mr Casewell mr Berblock mr Barker mr Barbor mr Swinho, mr George Smith mr Mellinge mr Swayne mr Widdowes mr Martin mr Ewens Captain Hamer mr Peirce mr Peake wth divers others.

Mr Deputy signified vnto the Company that my Lo: of Southampton could not be here at the begiñing of this Court by reason of some speciall buissines this afternoone at Parliament. And therfore desired that in the meane tyme they might begin to order something in reguard of many matters they had to dispatch: wherevpon after the Actℯ of the former Court were read, he began to remember them of those p̱ticulars yt had been p̳pounded [214] in the Preparatiue Court and referred to the confirmac̃on of the greater Quarter Courte.

My Lo: of Southh̴- ton can not be p̃nte at ye begiñng of ye Court.

And first that whereas it hath been taken into considerac̃on how necessary and behoufull it is to establish two such officers in Virginia as a Treasuror and a Marshall whereby the one might be Accountant to the Company here for such rents and dutyes as shall yearely accrue and belong vnto them (there being already 1000li: due in that kind) and especially take care, to cause such direcc̃ons as from hence ∥shall∥ proceed touching the setting forward of good and staple Comodities be duely and exactly executed from tyme to tyme, the neglect whereof hetherto hath been an infinite preiudice vnto the Plantacon: And that the other officer namely the Marshall might vndertake ye Care and Charge aswell of the ffortificac̃ons as of the Armes and forces of the Colony and to settle it in that proporc̃on of strength as it may be able to defend it sellfe against all forraigne Enemyes.

The establishing of the two officers of Marshall and Treasuror.

To wch end and that these officers might be mayntayned, care had been taken by the Comittees, assisted wth some of the Counsell accord- ing to an order of Courte, and to state and endowe the said offices wth a convenient Salary: wch they had proporc̃oned in man9 follow- inge.

The Comittees care in stating ye said offices.

ffirst vnto the place of Treasuror they had allotted 1500: acres of land to be cultivated and manured by 50: p̱sonns to be placed therevpon in the quality of Teñntℯ at hallfℯ, to belong to the said office for ever: whereof 25 to be sent this present yeare ∥voyage∥ and as many more the yeare ensuing: wch number of 50 p̱sons ye Treasuror is bound to mayntaine and leave to his successor. Moreover towardℯ the Charge of necessary provisions to be made for the said Treasuror they had allowed (according to former Presidentℯ) 150li: and the free transporte of his owne family not exceeding the number of 20 p̱sons. [215]

Tr̃ers Allowance.

And vnto the place of Marshall in like manner they have thought fitt to allowe the like proporc̃on of land and Tenantℯ to be appropri- ated to the said office for ever, And for asmuch as Captaine William Newce nowe proposed for the place of Marshall vpon speciall recom̃- endacon of his sufficiency to performe the said service, hath vnder- taken to plant and furnish out wth necessaries, the said number of 50 persons all wthin one yeare vpon the said land, and them to maintaine and leave to his Successor. In consideracon hereof the said Comit- tees have thought fitt, the better to enhable him herevnto to allowe him 200li: in hand towardℯ the Charge of his present setting out, and other 200li: vpon Certificate of his arryvall in Virginia: wch severall allowance this Courte having duely considered conceaved to be very reasonable, and being put to the question did ratifye and confirme But for the manner of managing the said offices it was thought fitt to recom̃end yt tothe Care and wisedome of the Counsell to prescribe the same, and to order and lymitt their proceedingℯ by instrucc̃ons.

Marshalls Allow- ance.

It was further signified that the said Comittees have likewise thought fitt to allowe the Gouernor noe lesse then 200li: for all necessary p̳visions to be made for this his present voyadge wth free transport of his owne family not exceeding twenty persons Wch being now put to the question was ratified and confirmed by a generall errecc̃on of handℯ.

Gou9nors Allow- ance.

Vpon this and the like vsuall constituc̃on of men and lands to belonge to every Cheif officers place. Sr Iohn Dãuers having formerly taken a fitt occasion to moue did now againe referr the same to the consid- erac̃on of this Court: that seeing both reason and some experience had taught that officers did more regard, and labor more to advance their owne Tenantℯ by whome they were mayntayned, then those of the Companies: whither it were not fitting for prevention thereof hereafter to reduce and cast into the number of the publique those Tenantℯ [216] that belong to the Gouernor, or any other officer, and out of the whole proffitℯ belonging to the Company to propocon the said officers the same allowance ratably according to the number of their Tenantℯ: conceaving it to be very probable that this Course, if any will stirr them vpp to a more serious regard and care of advanc- ing the publick seeing their own private interest and Com̃oditye was therein involued. Wch moc̃on this Court conceavinge it to be of speciall importance thought fitt to referr it to the further considerac̃on and determinac̃on of the Counsell.

Sr Iohn Dãuers moc̃on that offi- cers Teñntℯ might be cast into ye Company

The bargaine made wth mr of the George, for carryinge 80. persons in the said Shipp at vjli a man and 3li a tunne for goodℯ, (after wch rate of 6li a man he is to receaue present payment of the whole Sum̃ togeather) being put to the question was likewise con- firmed. 1

For contracts with William Ewens, see List of Records, Nos. 256, 257, page 149, ante.

The bargaine made wth mr Ewens.

The Contract made wth the ffrenchmen procured from Languedock and sent to Virginia for planting of Vynes and orderinge of Silke- wormes, the said Contract being for payment of ther wages and other allowances (whereof the said ffrenchmen had already sealed the Counterp̱te before their departure hence) the same being now read and after put to the question was ordered to be sealed.

The Contract wth the ffrenchmen.

Three patentℯ for p̱ticular Plantac̃ons in Virginia one to Sr: Rich: Bulkly the second to Sr Richard Worsley and his associatℯ and a third to Captain Willm Newce being all three formerly read and approved of by the Preparatiue Court, and nowe put to the question were con- firmed and ordered to be sealed.

·3· Patents.

The Patent heretofore ordered to be graunted to Sr Willm Mounson and his associatℯ being nowe read and observed to be amended accord- ing to a former order of Courte was likewise put to ye question and ordered to be sealed.

Sr Willm Moun- sons Patent sealed.

This Afternoone being nowe farr spent and much buissines remayn- ing still to be despatched, it was agreed that the Court should be con- tinued till all matters were ordered.

Court continued.

In regard of the shortnes of time it was moved yt they might now goe in hand wth buissines propper to that day wch by his Mats: ɫres Patentℯ was ordeyned Cheifly for elecc̃on of officers. [217]

Wherevpon the names of the Auditors for the last yeare were appointed to be read: wch being donne the Courte thought fitt, in respect of their worth, their sufficiency and experience, to continue 6. of them still for the yeare ensueing vizt

Sr: Edwyn Sandys. mr Iohn Wroth.
Sr Iohn Dãuers. mr Keightly.
mr Iohn fferrar. mr Cranmer.

Auditors Chosen.

And in respect mr Briggs was nowe gon to Oxford to abyde, there was chosen in his place mr Gibbs: All wch being put to the question were confirmed and tooke the same Oath.

Proceeding to the elecc̃on of the Comittees according to the standing orders of the Company (whereby they are to choose anewe a fourth part the number of 16: to the end that many may be trayned vp in ye like buisines) the Court chose againe twellve of them of the last yeare vizt.

mr Cranmer. mr Caswell. mr Bland.
mr Berblock. mr Melling. mr Wiseman.
mr Bull. mr Barnard. mr Darnelly.
mr Geo: Smith. mr Boothby. mr Nich: fferrar.

And having discharged one ffourth parte vizt. mr Iones mr Clarke, mr Chambers mr Wheately, choise ∥was∥ made of these fower in their places vizt.

mr Bennett. mr Biddolph.
mr Ayres. mr Couell.
Edward Collingwood Secretary Willm Webbe. Husband Frauncis Carter Beadle were confirmed in their former places and tooke their Oath.

Proceedinge to the elecc̃on of Marshall for somuch as Captaine Wil- liam Newce was onely proposed to stand to the elecc̃on and to ∥to be∥ put to the Ballating Box, was by the same chosen wth a generall con- sent (saue of three balls onely found in the negatiue boxe) to be Marshall of Virginia:

Capt Newce chos- en Marshall.

Mr George Sandys likewise being nominated for the place of Treas- uror and accordingly ballated §was§ wth like consent (saue of 3 balls onely) chosen and confirmed to be Treasuror: [218]

mr Geo: Sandys chosen Tr̃er.

It being moved that two such eminent officers as the Marshall and Treasuror wherevnto so worthy Gentlemen are now elected might be admitted both of his Mats: Counsell here as also of the Counsell of State in Virginia. The Court conceaved it very fitt and ordered vnto them both accordingly.

Marshall & Tr̃er to be of ye Coun- sell here & of ye State in Virginia.

Mr Oulsworth likewise vpon mr Smyths report and comendac̃on of his worth & sufficiency (having been a Iustice of peace here in England for so many yeares and of the quorum) was nowe chosen and con- firmed to be of the Counsell of State in Virginia.

mr Oulsworth of ye Counsell

A moc̃on being made yt the Auditors and Comittees might have some reward in shares of land in recompence of their great paines and attendance vpon the Companies service. It was thought fitt the Comittee appointed for the distribuc̃on of shares in that kind should take the same into their considerãcons

The Auditors to haue some reward in Shares.

But in regard of the extraordinary well deservinge of Sr Edwyn Sandys and his Continuall constant endeavors: both before and in the time of his gouerment and since to vphold and advance the Plantac̃on by his industry care and providence the Company thought fitt now in his absence especially, to shewe some testimony of their loue and thanke- fullnes though no wayes able to gratifie his paines in that ample meas- ure as he had deserued, by bestowing 20: shares of land vpon him for the present till better meanes accrue yt might enhable the Company to be further thankefull vnto him: wch 20: shares being put to the question were by a Generall Consent ratified and confirmed.

20: Shares be- stowed on Sr Ed- wyn Sandys.

ffor somuch as it hath been obsrved that the alienating and selling shares of land at an vnder value as comonly men do for 40: or 50s: did not onely defraud the treasury of much money that would come vpon an orderly purchase thereof from the Company but did also exceedingly sleight & disesteeme the free and honoble bounty of this Court, and in a manner embace the Virginia Soyle: and besides not a little discour- age such as had paid in their 12li 10s for every single share; ffor p̢venting whereof it was therfore moved that ye Court would please in bestowing shares ∥of land hereafter∥ vpon merrite: to graunt it wth [219] such lymitac̃ons, as no man may have liberty to sell, or transfer his shares to any other for any considerac̃on whatsoever vnles the Comittee appointed for distribuc̃on of shares should be moved vpon some speciall reasons to give way therevnto: wherevpon the Court ordered that from this daye forward all shares of land given by the Company, shalbe lymited vnder the former Caution, vnles the said Com̃ittee shall thinke otherwise thinke fitt to allowe thereof. The names of the said Com̃ittee are these vizt.

Sr Edwyn Sandys. vnto whome the
Sr Iohn Dãuers. Court have now added
mr Deputy fferrar. mr Herbert and
mr Iohn Smith. mr Iermine.

The alienating & sellinge of Shares at vndervalue

Shares given vpon merritt not to be sould Cr.

The five shares of land graunted to mr Newland as a free guift of the Comp: in reward of his extraordinary paines taken in their service in taking care of Shipping their people in the Abigaile at the Ile of Wight being now put to ye question was confirmed vpon condic̃on that he sell them not awaye.

5. shares to mr Newland

Two shares of land given to mr Bonnall in considerac̃on of his paines in procuring the ffrenchmen from Languedock for the Companies service nowe in Virginia being put to the question were confirmed vpon the same condic̃on.

2. shares to mr Bonnall.

Concerning mr Deputies Account he shewed that whereas he had receaved divers Sum̃es of money of his Lop to be disbursed by him and the Comittees in making provisions of all sortℯ for divers Shipps and people this yeare sent to Virginia, he was not able at this Court to give vp a perfect Account of all ye p̱ticulars to the finishing of it: In reguard that himsellfe and the Com̃ittees for the more speedy dispatch of the said Shipps and people formerly sent had bought divers sortℯ of provisions vpon their Creddittℯ hoping to have receaved money ere this time from mr Barbor for clearing those debtℯ whereby his Account might have been p̢served against this Quarter Court.

mr: Deputies re- port concrning his Account.

But the soddaine suppressing of Lotteries have caused that money [220] came not in as they expected: And for so much as the Com- panies Stock lyeth now altogeather in Plate and therfore was not so presently able to be turned into money wthout to great losse but hoped that it would be by the next Quarter Court wch would be about five weekℯ hence: for these reasons he did humbly entreate this Court that they would be pleased to respite this Account till the next moneys were receaved for the paying of such debtℯ as were to be discharged vpon the last yeares Account wch the Court thought very reasonable. 1

The Order in Council and the Proclamation of the King suspending the lotteries are mentioned in List of Records, Nos. 231, 233, page 146, ante.

Touching Sr: Edwyn Sandys Account he likewise declared that in his absence he was to signify vnto them that whereas Sr Edwyn at the giving vp of his place, stood bound for the Company for certaine Sum̃es of money wch were ordered to be paid vnto him for discharge of the fraight of divers shipps and other thingℯ: wch Shipps for somuch as all of them are not yett returned but daily expected, he therfore desired his Accts: might likewise be respited till the next Quarter Court after this by wch time he hopeth the Shipp will be returned, whereby he might discharge her according to the Contract, as he had well and carefully donn all others for wch he stood ingaged wch moc̃on was like- wise thought very reasonable and of necessity to be graunted.

Touching Sr Ed- wyn Sandys Ac- count.

The encrease of the Secretaries Salary from 20li: to 40li: p̱ Anñ and his reward of 20li: for the time past is likewise confirmed by erecc̃on of handℯ.

Secretaries Sallery

Mr Capps reward of 5. men passage free at the Companies charge, in considerac̃on of his many yeares service for the Company in Virginia wth hazard of his life amonge the Indians is likewise confirmed.

mr Capps to haue the passage of .5. men free.

After these buisinesses were thus ordered and the day farr spent, it was moved that seeing my Lo: of Southampton was not yet come, they might notwthstanding proceed to the elecc̃on of their newe Treasuror for the yeare ensueinge: wch moc̃on being agreed vnto and my Lo: of Southampton onely proposed for elecc̃on his Lop: was forthwth ballated according to order [221] and thereby chosen with a full and generall consent of the whole Courte (as appeared by the Balls there being not one against yt) to continue and hold the said place of Treasuror for the ensuing yeare whereof his Lop: being advertized at his Cominge, and of the humble and earnest request of the whole Court to that purpose, was pleased to accept of their willing choise in very noble mañer excusing his remisse coming to their Courtℯ the yeare past, as allso the occasion of his longe stay this daye at Parliamt: wch the Court did not onely signify their readines to dis- pence wth, but rendered also to his Lop: the greatest thankℯ that pos- siblie they could for his honoble: care and paines and endeavors to vphold and advance the Plantac̃on ever since his happy entrance into this place of gouermt.

My Lo: of South- ampton chosen Treasuror.

After this his Lpp according to the standing orders of the Company deliu9ed into the Court a booke of his Accountℯ for the yeare past examined & approved vnder the Auditors handℯ, as allso the number of the Supplies of people sent to Virginia the same yeare. But touch- ing the present State of the Cashe his Lop said he could give them as yet no Account: because the State was now already in Plate wch required some longer time to be converted into money.

A booke of my Lo: Account.

Sr Edwyn Sandys signified vnto the Company that whereas to their great care and Cost of at least 4000li: they had heretofore given direc- c̃on for the setting vp of certain Iron workℯ in Virginia and to that end p̳cured skillfull workemen for making of Iron they had receaved credible informac̃on that three of their mr workemen were dead: In supply of whome, because the hope of that Com̃oditie alone is very great having already receaved a good proofe thereof by Iron sent from thence they have already sent three other skillfull workemen to advance againe the said worke, and now it was their good happ to light vpon a fourth gent (named mr Iohn Berkly who in the iudgement of those that knewe him well was helld to be very sufficient that waye) who did now offer himsellf to goe vpon the said service and carry over wth him 20 principall workemen well experienced in those kinde of [222] workℯ wherevpon the Court thought fitt that the Com- ittees hereafter named or any five of them should treate * * * and conclude wth the said mr Berkly and likewise wth his Sonne being desirous to goe over wth his said father touching their demaundℯ for performance of the said service.

mr Io: Berkly com̃ended for Iron workes.

Comittees to treate wth mr Berkly.

The Comittees were these,

Sr: Nicho: Tufton. mr Iohn Smith.
Sr: Iohn Dãuers. mr Wrote.
Sr: Henry Rainsford. mr Iohn fferrar.
Sr: ffra: Wyate. mr Nicho: fferrar.
Capt Wm: Newce. mr Berblocke.

Mr: Norwood being recom̃ended by Captain Tucker for his sufficiency in surveying of landℯ and one desirous to goe over to Virginia, vpon that was now chosen for that place and referred to the former Com̃- ittee to treate wth him concerning some allowances to be given vnto him.

mr Norwood Sur- veyor.

The said Com̃ittee are likewise desired to drawe vp a Comission for Captain Will͠m Newce for the office of Marshall of Virginia to be ready for the Seale against the next Court, vnto wch authority is given by this Quarter Court to applie the Seale vnto the said Comission being once approved.

Captain Newse his Commission to be drawn.

My Lo: of Southampton signified vnto the Company that although the number of his Mats: Counsell for Virginia was already very great: yet in regard the most part of them were such eminent persons of State as could not afford their presentℯ so often as they might have occ̃asion; he therfore thought it very expedient and necessary to make such ∥some∥ addic̃on of such as had not only approved their sufficiency and worth vnto the Company: but were like to give more diligent attend- ance at their Courtℯ ∥and∥ in a manner be at hand vpon all occasions of service and therewth all presented the names of eight Gent: wch his Lop. com̃ended to their good approbac̃on vizt

Sr Phil: Carey. mr Edw: Harbert.
Sr: Edw: Lawly. mr Iohn Smith.
Sr: Walter Earle. mr Iohn Delbridge.
mr Nicho: fferrar. mr Nicho: Hyde.

Eight new Coun- sellors.

Who were all approved of and by a generall erecc̃on of handℯ admitted to be of his Mats: Counsell for Virginia. [223]

My Lo: of Southampton having taken his Oath desired he might have allowance of time and their dispensac̃on for absence, Concerning the wch the Court fully declared that it was not their intent that his Lop: should be further bound to the p̱formance of buissines of this Court then his owne more waightier occasions would p̱mitt.

My Lo: tooke his Oath.

The like moc̃on Sr: Edwyn Sandys made for himsellf in taking his Oath in regard of his daylie attendance and imployment in Parliament buissines wch was also graunted.

Sr: Edw: Sandys to be dispenced with.

My Lord further signified that it was his suite vnto the Company that mr Iohn fferrar of whose fidelity and sufficiency they had already so good experience might still continue his place of Deputy wch with a generall consent was very willingly condiscended vnto and chosen by ballating Box.

mr fferrar contin- ued Deputy.

My Lo: moved on the behallfe of Captain Mathew Som̃ers that for so much as he vndertakes to transporte 100: p̱sons into Virginia, to plant vpon a p̱ticular Plantac̃on that therefore he might have a Patent to enhable him therevnto wch the Court accordingly graunted.

A Patent to Capt Mathew Som̃ers

But touching Captain Baylies moc̃on on the behallf of the said Captain Som̃ers that he might have 200li: towardℯ the Charge of planting the said number of 100: p̱sons in regard of the p̱sonall worth and merrite of Sr: George Som̃ers deceased whose heire he pretendℯ himsellf to be, it was thought fitt to referr him to the former Comittees to be treated with.

Capt Baylies mo- c̃on referred.

Mr Wale in his petic̃on desiring some order might be taken for pay- ment of the money vnduelly taken from him, as being more then his subscription wch was paid into Sr Thomas Smith, to be imployed vpon an adventure of a Northerne ffishing: It was answeared that for somuch as the Adventurors of the said fishing voyadge were not all of them of this Company and besides the same being a private adventure this Court helld it not propp̱ for them to meddle wth it.

mr Wales petic̃on.

Mr Moones petic̃on touching his Brother Nicho: Moones adventure of money paid into ye Treasury is referred to ye Auditors for his further satisfacc̃on. [224]

mr Moone referred to ye Auditors.

Captain Iohn Smith in his petic̃on sheweth that for somuch as he hath not onely adventured money for the good of the Plantac̃on and twise built Iames Towne and fower other perticuler Plantac̃ons as he alledgeth but for that he discouered the Country and relieved the Colony willingly three yeares with that wch he gott from the Sauages wth great perill and hazard of his life: that therfore in considerac̃on herof the Company would please to reward him either out of the Treasury here, or out of the proffitℯ of the generallity in Virginia: Touching wch request the Court hath referred him to the Com̃ittees appointed for rewarding of men vpon merritℯ.

Capt Io: Smith re- ferred to ye Audi- tors.

Att an Extraordinary Court held for Virginia the 12 of May 1621

Present
Sr: Iohn Dãuers. mr Gibbs. mr Casewell.
Sr Henry Rainsford. Capt Wm: Newce. mr Edwards.
mr Deputy fferrar. mr George Sandys. mr Wheatly.
mr Iohn Wroth. mr Iohn Smyth. mr Melling.
mr Wrote. Capt. Tucker. mr Cuff.
mr Combe.

Whereas at the last Quarter Court held the second of this p̢sent Moneth order was given to Certain Comittees for drawing vp of a Comission against the next Quarter Court for Captain William Newce appointed Marshall of Virginia for three yeares the said Comission being now presented and read and afterwardℯ put to the question was by a generall erecc̃on of handℯ confirmed and ordered to be sealed (authority being given by the last Quarter Court vnto this present Court vpon their approbac̃on to seale the same).

Captain Wm: Newce his Comis- sion to be Sealed.

Mr Berkly having been formerly treated wth (by the Comittees appointed by Order of the last Quarter Coort) touching his demaunds for p̱form̃nce of the service he vndertakes for advancing the Iron workℯ in Virginia: and having then desired some time to consider of that offer, that was made vnto him, did now declare him sellf willing to goe vpon the same condic̃ons, as mr Blewett lately deceased had donn, (exceptinge some fewe perticulars,) & to p̳cure and carry over wth him twenty p̱sons well [225] experienced in those kinde of workℯ, whereof .8. should be imployed vpon the ffurnace vizt .2. Founders, 2. Keepers, 2. ffilers, 2. Carpenters. and 12. others vpon the fforge namely, 4. ffyners, 2. Servantℯ, 2. Chaffery men, 2 Ham̃er men and their 2 Servantℯ. bsides his owne sonne and .3. Servantℯ of his pri- vate ffamily all wch should be ready at the Ile of Wight to take ship- ping the 25th of Iune next: In considerac̃on whereof it was thought ∥fitt∥ to allowe mr Berkly 20li: to defray the Charge of procuring and bringing the said workemen out of the Country to the Ile of Wight as also 30li: more towardℯ the charge of his owne provisions and neces- saries for that voyadg.

mr Berklyes offer.

And besides to give him the free transporte of his sonne and his .3. servantℯ wth wch he was contented, and wth much thankfullnes accepted of the offer.

A Court held for Virginia the 23D: May 1621: at Mr Ferrars house:

Present
Sr Edwyn Sandys. mr Gibbs. mr Geo: Smith.
Sr Iohn Dãuers. mr Iohn Smith. mr Mellinge.
mr Deputy. Captain Tucker. mr Cuffe.
mr Wrote. mr Ayres. mr Combe wth divers others.

Mr Deputy signified that mr Iohn Berkly and Mawrice his sonne being formerly treated wth the 5th of this present Moneth by a Comittee and afterward at the next Court held the 12th of the same, they havinge declared them selves willing to goe vpon the same Condic̃ons that mr Blewett formerly had donn (except in some fewe p̱ticulars) and vnder- tooke to p̳cure 20: p̱sons well experienced in making Iron to be imployed in the Comps: service in Virginia for seaven yeares togeather wth themsellves: In considerac̃on hereof the said Court was pleased to give him 30li towardℯ the Charge of furnishing himsellf and his said sonne wth apparell and other necessaries wth free transporte of 3. of his owne servantℯ. And 20li: more to defray the Charge of Con- ducting the said 20: persons to the [226] Ile of Wight by the first of Iuly next, wch said 20: p̱sons and his said 3 servantℯ are likewise to be transported furnished and victualled as other Tenantℯ for one whole yeare at the Companies charge wch allowances this Court thought very reasonable, and being nowe put to the question did ratifye and con- firme the same. And further gave Order to mr Deputy for the more speedy dispatch of the said mr Berkly and that he might haue a suf- ficient time to gather his people togeather to be ready at the day pre- fixed, to drawe ye Articles of agreement according herevnto wth such necessary addic̃ons as he should thinke fitt and after to applie the Companies Seale vnto the same.

Allowance to mr Iohn Berkly.

Articles of Agree- ment to be drawne.

Mr Iohn Smith acquainted the Company that there was a Gentlem̃n of good Account and sufficiency whome he could name who would vndertake to p̳cure and transport to Virginia at an easie rate (if so the Company please) a good number of young men and maydℯ able to do them good service there to plant and to be imployed to ye Companies behoofe wch offer the Court did very well approve of as deserving thankℯ but findinge themsellves vnhable in Cash to goe through with so great a charge, thought fitt to respite the same till they might have better meanes to performe it. [227]

mr Smiths moc̃on.

A Præparatiue Court held for Virginia in the Afternoone the Xjth of Iune 1621.

Present
Sr Edwyn Sandys. mr George Sandys. mr Darnelly.
Sr Roger Iames. mr Wrote. mr Caswell.
Sr: ffra: Wyate. mr Doctor Anthony. mr Ayres.
Sr William Newce. mr Iohn Smith. mr Swinho.
mr Iohn Wroth. mr Nich: fferrar. mr Kelly.
mr Gibbs. mr Rugles. mr Moone.
mr Deputy fferrar. mr Wheately. mr Meverell.
mr Widdowes.
mr Barbor.
mr Melling.
mr Bolton.
mr Steward.
mr Newport.
wth divers others.

Sr Edwyn Sandys signified that my Lo: of Southampton desired this Courte to excuse him for his absence at this time being wthheld vpon extraordinary occasion: and though long absent yet his Lop: had been exceeding carefull of their buissines: for no longer agoe then Sater- day last he signified that some of the Counsell having mett at his Lops: howse, had conference for many howers together, about waightie buissinesses concerning Virginia: where they first tooke into their considerac̃on the establishing of the Counsell of State there as likewise concerning the Gouernor: and Secretary: whose Comis- sions continuing but for three yeares in certaine, did both expire in Novemb: next. In supply of the first they have allready made choyse of a worthy gentleman to be their Gouernor: namely Sr ffrauncis Wyate who was shortly to sett out to Virginia and to take his place at the expirac̃on of Sr Geo: Yeardlyes Comission and not before: It was allso well knowne vnto them the choyse that had been made of two Newe officers namely of mr: George Sandys to be Treas- uror of Virginia: and Sr William Newce to be their Marshall. But touching the Secretary of State there that now is namely (mr Porey) it remayned to knowe their Pleasure whither they would continue him still in his said office or make a Change. Wherevpon it was sig- nified that for so much as mr Porey had not caried himsellf well in the said place to the contentmt: of the Company it was conceaved to be the generall purpose of the Court to change him for a better so neere as they could and therefore desired some other might be nom- inated vnto them. 1

At this point in the manuscript the handwriting returns to that of Nicholas Ferrar's assistant, referred to on page 270 as Thomas Collett. See Plates.

[228]

My Lo: of South̴- ton desired to be excused.

the establishing of ye Counsell of State in Virginia consid- ered of.

Sr ffra: Wyate Gou9nor.

Mr Geo: Sandys & Sr Wm Newce for ye places of Trer & Marshall Mr Porey.

Whervppon mr Deputy gaue notice of 4 worthie gentlemen that had been recommended vnto him for that place all of them well bred sufficientlie well quallefyed soe as the meanest seemed much worthie of a better place not in respect of the quallytie thereof but in respect of the entertaynement belonginge thervnto so as itt was his greife they had not places for them all butt must be enforced to dismisse three of them the names of the said gentlemen were these mr Para- more, mr Dauison, mr Smith, and mr Waterhouse who hath been recommended by Sr Iohn Dauers for three things especially namely his honestie Religion and sufficiencie for wch hee would vndertake vppon that knowledge hee had of him this gentlemen mr Waterhouse should make good to their full sattisfacc̃on: Butt itt was signified that they haveinge been all fower comended to the Lord of South- ampton his Lop: was so nobly mynded towards this Company as to leave them to their free libertie of choyce of any of them by an orderly elecc̃on, and therfore wished they would in the meantime make some further enquirie of them against the next Courte and then come resolved, for wch and many other noble favors the Courte did gener- ally testifie their much obliged respect and thankfullnes vnto his Lop:

4 named for ye place of Secretary in Virginia

mr Waterhouse comended by Sr Iohn Dauers.

Sr Edwin Sandys further signified that itt was then allso taken into their considerac̃on and thought fitt that the Counsell of State in Vir- ginia should assemble fower times a yeare each Quarter once for one wholl weeke together to advise and consult vppon matter of Counsell and of State and of the generall affaires of the Colony and as there shalbe cause to order and determine the greater matters of contro- versie growinge and arysinge betweene the Plantations ther beinge now added a good nomber of new Counsellors to the former, namely.

mr Thorpe. mr Dauid Middleton.
mr Tho: Newce. mr Bluett.
mr Pountes. mr Horwood.
mr Tracye.
And now of late mr William Newce, mr George Sandys and mr Ouls- worth. [229]

The Counsell of State in Virginia to assemble 4 times in a yeare.

Sr Edwin Sandys declared further that they had taken into considera- c̃on matter of future supporte of the Plantac̃on to supplie if they could now other helps doe faile out of that contribuc̃on wch is p̢sumed will be given by each Cittie Towne and Burrough towards the send- inge of their poore with whome they are pestred into Virginia, Which offer beinge made vnto the lower house of Parlyament vppon an occa- sion of the like complainte of the poore wch are burthensome to many parishes itt was accepted of that howse with a verie great and grate- full applause; Itt was therfore thought fitt that some choyce gentle- men might be appoynted to drawe a bill to that purpose against the next Parlyament that the poore may hereafter be sent to Virginia att the charge of the parish where they live wch hee wished the Company to consider of against the next Courte.

A bill to be drawne to ye Parliament howse for sendinge ye poor to Vir- ginia.

Mr Casewell likewise moved that some course might be thought on to stirr vpp the Companies here in London that had adventured monny towards the Plantac̃on in Virginia to doe the like there by building of some Towne as they had alredie done in Ireland to their good proffitt wch moc̃on was well approved of and thought fitt to be prose- cuted to effect.

mr Casewellℯ mo- c̃on to stirr vp ye Companys heer in London.

Touchinge Tobacco wch hath been allwaies so generally affected by the Planters in Virginia Sr Edwin Sandys signifyed how extreamly displeasinge itt was to the Kinge and scandalous vnto the Plantac̃on and vnto the whole Company, that notwithstanding itt hath been prosecuted these many years by many wise and worthie p̱sons and wasted in that time a Masse of monney yett hath itt not produced to any other effect, then that smokie weed of Tobacco, and therefore the Counsell as heretofore itt may appeare by all their former instrucc̃ons and letters, so now againe had taken itt into their considerac̃on how they might restraine the generall plantinge theirof or at leaste bringe itt downe to a farr lesse proporc̃on and quantitie then now is made. 1

The action of the Privy Council for suppressing the importation of tobacco is cited in List of Records, No. 263, page 149, ante.

Sr Edw: Sandys declarac̃on for the Kingℯ displeasure in plantinge To- bacco.

Hee further declared that the cheifest cause that all other Comodities were neglected was found to be the long maynteyninge of the high price of Tobacco att 3s the pound, wch had alredy destroyed a Maga- zine of att leaste 1000li charge vnto certaine Adventurers for Appar- rell and other necessarie provisions wherof the Collony stood in need; wch they repayd againe [230] in nothinge butt Tobacco forceinge itt at that price vppon the Cape Marchant wherof a good p̱t of itt was scarse sould [for *d p pound] and now againe they have repayd the wholl Company in the like manner att the same price for all the charge they have been att for sendinge them Apprentizes Servantℯ and wives wch cost the Company heere neer 2000li.

the long mayn- teyninge of ye high price of Tobacco to be ye cheifest cause yt all other Comodities are neglected.

A Second thinge taken into considerac̃on by the Counsell, was what proporc̃on hereafter should in all be allowed to be made, and how the same might be rated by the pole amongst ye Planters to each famylie his p̱t and proporc̃on towards the makinge vpp of the generall lumpe that shalbe hither brought; Touchinge this poynt itt was conceived no true estimate could be made till the tru number of the famylies were knowne and rectifyed; Butt for the price of Tobacco att 3s p̱ pound itt was thought fitt to be valued accordinge to the goodnes thereof and att no certaine price.

what proporc̃on of Tobacco shall be made and how the same may be rated by the pole.

Itt was further signified that as itt hath been the vse and practise of forraigne kings and Monarchs (to their great glory and renowne) att certaine times to send some speciall worthy p̱sons whom they call their Sendicks to visite all their Dominions and remoter Countries, and by vertue of their prerogative and power to examyne wth a curious eye the actions and carryage of all the principall Officers and Gouer- nors and to thend that those that had deserved well might be rewarded with honor, and others punished accordinge to their Demerites; The like course have beene thought fitt by the Counsell here to be taken with the Officers in Virginia, and that a choyse Comittee of men of worth and integritie might be authorised to examine and enquire into the Acc̃ons and doings of former Officers & therof to returne a good Accompt vnto the Company here that they may proceed further therin accordinge to the rules of Iustice and equytie.

Sendikes.

Sr Edwin Sandys acquainted the Company wth an exquisite discourse that a gentleman had made (though not perfected) for the advance- ment of the Plantac̃on who desyred his name might not be made knowne which discourse hee had devided into those five headℯ. [231]

Sr Edw: Sandys signified of an ex- quisite discourse a gent: had made which was deuided into 5 heads.

The first wch was most necessarie was matter of ffood and Sustenance for the Colony wherof hee had discouered the defectℯ and proposed the way how itt might be supplyed.

i Foode & Suste- nance

The Second was matter of health for p̢servinge of wch hee had given excellent direcc̃ons observinge the want herof not to be through the ill condic̃on of the Clymate soe much as through the disordered doings of the people and their misgouerment.

2 Matter of Health.

The Third was Forteficac̃on a matter of as great consequence as any of the rest wherin hee hath shewed all ways and means how to fortefy with least charge and least expence of time.

3 ffortificac̃on.

The ffowrth was that wheron all mens eys were fixed namely Wealth shewinge how the Planter may wth honor and much gaine to himselfe sett vpp a boundance of good and Staple Comodities wherof yt Clymate is knowne as capable as any in the world.

4 Wealth.

The ffifte and last head treated of Religion civilitie of life and how to keepe the people in amytie and good agreemente amongst themselvs.

5 Religion. Cr.

The Courte herevppon made a generall request that ye gentleman might please to p̳ceed to the p̱fectinge of the saide worthie worke and that a Comittee might be appoynted att the next Courte to p̱vse itt and soe recomend itt to the care of the Gouernor to make a begininge in that course that is like to conduce soe maynely to the advancemt of the Plantac̃on.

The gent to pro- ceed to ye pfect- inge of itt.

Mr Deputy signified that wheras the Duty was now returned from Virginia and attended in the Downes for her direcc̃on whether to goe, the Counsell and Comittees haveinge mett aboute itt have given order to Damiron mr of the Ship to send her to Flushinge and had allso agreed wth mr Arthur Swayne a Marchaunt of London com̃ended for his fidelitie & sufficyency to be their ffactor there for puttinge off their Tobacco to their most proffitt allowinge him 2 in the C for his paynes wth wch hee was contented, and to this end gave him a Comission vnder the Companies Seale & certaine instrucc̃ons wch the Counsell thought necessary for his direcc̃on in yt buisines wherof hee doubted not butt that they should have a good Accompt of his doings. [232]

ye Duty returned and attended in ye Downes.

order giuen to send her to Flushinge.

mr Arthur Swaine to be their ffactor.

Hee likewise signified that hee had received intelligence of a Ship lately aryved in Ireland that came from Virginia butt what Ship itt should be hee knew not but hoped itt was the Tryall which was yett behinde.

a Ship aryved in Ireland.

Itt was moved yt for soe much as his Maty: had bestowed the honour of Knighthood vppon Sr William Nuce whome his Maty was pleased to call his Knight Marshall of Virginia and hopeth to have a better Accompt of his doings then he hath had of others hetherto that hee might have a new Patent wth that addic̃on of honor wch his Maty: had given him wch was graunted.

A Patent graunted to Sr Wm: Newce.

Mr Deputy signified that itt was thought fitt a Pinace should be pro- vided to be redy against September next for carryinge the Silkworme seed for wch my Lord had write into Italy, Fraunce, and Spayne, wch is p̳mised to be here by that time.

A Piñace for carry- ing ye Silkworme seed.

Hee further signified yt my Ladie Dale late the wife of Sr Thomas Dale deceased yt worthy Knight and greate advancer of ye Virginia Action desyred a Patent for a p̱ticularr Plantac̃on wch was graunted and that direcc̃on should be given to ye Gou9nor to allott the place accordinge to her Lapp: request if itt be not allredy planted.

a Patent to my Lady Dale

The like Patent wth like direcc̃on to the Gou9nor was ordered to be made redy for Sr Dudley Diggs and his Associates.

A Patent for Sr Dudley Diggs.

The like Patent vppon request was graunted to Sr Iohn Bourcher and his Associates.

A Patent to Sr Iohn Bourchere.

Mr Smith acquainted the Courte that ther was one exceeding skillfull in makinge of Salte that accompanies mr Berkley in his Voyadge to Virginia att his owne charge as yett of purpose to try whether itt may be there effected or noe; And of one other allso who was not onely a founder of Iron butt expert in makinge all manner of Pottℯ brewinge vessells of Iron who offered his best service if the Company soe please and that for some small considerac̃on from them towards the keepinge of his wife in his absence desyringe butt 20 Nobles att his now goinge and so much more att the years end if hee can effect any good for the Compa: otherwise hee will returne againe att his owne charge touch- ing wch moc̃on the Court hath referred him to mr Deputy to treate with him and conclude if hee cann. [233]

mr Smithℯ moc̃on referrd to mr Dep- uty

Wheras mr Cleyborne was appoynted to have his dyett wth the Gou- ernor the Courte held itt vnfitt to the the [sic] Gouernor to such an inconvenyenc And therfore have referred him to be further treated with by ye Comittee herevnder named for encreasinge his Salary to such a proportion as may enable him to live vppon his owne allow- ance: The names of the Comittees are these—

mr Gibbes. mr Wroth.
mr Berblock. mr Smith.
mr Casewell. mr Mellinge.
mr Nicho: Ferrar.
or any five of them who are desyred to meet to morrow att 2 a clock in the afternoone att mr fferrars house.

mr Cleyborne to be further treated wth by ye Comittee

Wheras itt did appear that ther was a remayne of monneys due §by§ the Collecc̃ons in the hands of divers Bishops itt was moved yt some course might be thought on for solicitinge their Lordships whervppon mr Wrote signifyed yt to his knowledge Dor: Ieggon then Bishop of Nor- wich had received a very great Collecc̃on out of his Lops: Diocesses butt made no returne therof vnto ye Compa: and therfore desyred a Coppie of the breife wch would shew howe the Collecc̃ons were passed from hand to hand.

The Bishops to be solycited.

The Courte thought fitt that my Lord of Canterbury be moved to solicite these Bishops that are in arrear vppon Accompt by his graces L̃re for payinge in their Collecc̃ons.

My Lo: of Canter:

Itt was likewise moved that the knights and gentlemen as also the Merchantℯ and Cittizens might be called vppon for payment of their monneys due by subscripc̃ons wch was referred to this next Quarter Courte to be considered of.

The Knts & gentle- men Cr to be called vppon for their subscripc̃ons

Intelligence was given yt one Capt: Norton made an offer & would vndertake to p̳cure 6 straungers skillfull in makinge of Glasse and Beads to goe ouer to Virginia to be imployed in the saide workℯ for the Com- pany for no other considerac̃on then onely the halfe profitts of their labors, and the said Norton would likewise goe att his owne charge and carry wth him some servantℯ and is contented to putt himselfe vppon the considerac̃on of ye Company for what hee shall have to dyrect and ouersee the said p̱sons in their saide workℯ, concerninge wch the Court hath referred him to the former Comittee to be treated and concluded with. [234]

Capt Norton.

Intelligence beinge given likewise of one vndertakinge to plante Lyq- uorish if hee might have considerac̃on according to his proposic̃ons was referred to the said Comittees.

One Undertakinge to plant Lyquo- rish.

A Roll for Adventurers to vnderwrite for a Ioynte Stocke was ∥for∥ p̳vidinge of Apparrell and other necessaries wch Sr George Yeardley had signified the Colony had great need of, and would be profitable to the Adventurors All the remayne of this former Magazine beinge sould was now offered to such as would please to subscribe what some they would willinglie adventure wherof they were desyred to consyder against the next Courte.

A Roll for Aduen- turers.

Sr Edwin Sandys signified that Sr Richard Bulkley haveinge purchased two shares of Land of the Compa: and vndertaken to plant 100 Per- sonns in Virginia for wch they had graunted him a Pattent vnder Seale desyred the Company would please to allott him Elizab: Iland neere Cape Codd to plant vppon The Court agreed yt direcc̃on should be given to the Gouernor to that effect.

Sr Richard Bulk- ley to haue his Lande alloted att Eliz: Cittie

Mr Webb moved yt some course might be taken that the two Indian Maydes might be disposed of to free the Company of the weeklie charge that now they are at for the keeping of them.

mr Webbs mocon for ye 2 Indian Maydes.

Whervppon some havinge moved yt they might be sent to ye Som̃er Ilandℯ att the charge of this Company itt was thought fitt rather to referr itt to the next Court to determyne therof.

Touchinge mr Francks request yt Lieuetenant Pearce might be requyred to give sattisfacc̃on vnto mr Franck for ye charge of 4 men and the goods sent vnto his sonns vppon the last supply wch mr Rolfe tooke into his possession to mr Peirces vse, The Courte ordered that for so much as itt appeared ther was some reckoninge betweene mr Franck and mr Peirce nott yett reconcyled nor brought to a head that direcc̃ons should be given to the Gouernor to examyne the matter of Accompt between them and drive itt to some certaine poynte and for the doubte ∥debt∥ appearinge to be due to mr Franck, mr Rolfe, and mr Peirce should give good securitie for payment therof to mr Franck in monny here in England between this and our Lady day next. And that the Gou9nor shalbe entreated further to take some paynes to enquire out and recouer such Debtℯ as shalbe found due to mr Francks sonne. [235]

mr Francks re- quest

Att a great and generall Quarter Courte helde for Virginia the 13th of Iune 1621

Present
Ea: Nottingham ∥Huntington∥.
Ea: Southampton. Lo: Cauendish.
Ea: Warwicke. Lo: Pagett.
Sr Nicholas Tufton. Sr Nathaniell Rich.
Sr Dudley Diggs. Sr Frauncis Wyatt.
Sr Edw: Sandys. Sr Wm Newce.
Sr Phi: Cary. Sr Edw: Lawley.

mr Hide, mr Robert Smith, mr Wroth, mr Gibbs, mr Earle, Dr: Gul- ston, mr Wrote, mr Sandys, mr Franck, mr Oxenbridge, mr Deputy, mr Iohn Smith, mr Nicho: Ferrar, mr Foxten, mr Scott, mr Blande, mr Biddolph, mr Swinhow, mr Casewell, mr Neuell, mr Langton, mr George Smith, mr Robertℯ, mr Martin, mr Cole, mr Kinstone, mr Widdowes, mr Combes, mr Morewood, mr Barron, mr Dawes, mr Pennistone, mr Bynge mr Berblock mr Wiffe, mr Mellinge, mr More, mr Harte, mr Tay- lor, mr Symond, mr Woodall, mr Ayres, mr Bagwell, mr Keightley, mr Swaine, mr Askur, mr Barbor, mr Dowe, mr Riseley, mr Wale, mr Edwards, mr Alleynes, mr Somers, mr Lawne, mr Challoner, Captaine Hamor, mr Ewinℯ, Capt Maddyson, mr Tomlynℯ, mr Lawne, mr Iad- win, mr Darnelly, Capt Bargraue, mr Lewis, Captaine Goldingham, mr Newporte, mr Thomas Gibbs, mr Kelley, mr Russell, mr Brome- feilde, mr Porter, Captaine Tucker.

Vppon readinge of the Actes of the former Quarter Courte held the second of May last Sr Edwin Sandys takinge knowledge of 20 Shares of Land bestowed vppon him by the Company did now declare his thankfull acceptac̃on of the same p̳fessinge that although hee had allredy land in Virginia by adventures of monny paid into the Treasurie more then hee could as yett well plant yett did hee with a gratefull acknowledgmt of their bounty accept this testimony of their love and favour towards him. [236]

Sr Edwin Sandyℯ thankfull accep- tac̃on of ye 20: Shares bestowed vppon him

Mr Deputy signified the reasons why hee presented not ye Accompt of the last years Disbursmentℯ vnto this Courte, was in regarde ther was not yett monneys sufficient com in to discharge all the Debtℯ for goods bought by him and the Comittee for such provisions as were sent with the people then shipped for wch hee and the Comittee stands yett indebted to divers men and the Lottary beinge dissolved and the Companies Stock lyinge in Plate could not be suddenly turned into monney but to very great losse; The Courte thought itt verie fittinge to respite the same Accompt vntill monny did com in fully to pay all those debts mr Deputy hopinge monny would be got- ten by the next Quarter Courte to discharge all the said Debtℯ wch being done hee p̳mised to p̢sent the Accompt vnto the Courte.

mr Deputies rea- sons why hee pre- sented not an Ac- compt of ye laste years Disburs- mentℯ.

Sr Edwin Sandys likewise moved touchinge his Accompt that wheras att the giveinge vpp of his place hee stood bound for the Company for certaine somes of monny wch were ordered to be payd vnto him for discharge of the fraught of divers Ships and other things; that for so much as the Ships were not all of them returned butt daylie expected hee therfore desyred his Accomptℯ might likewise be respited till the next Quarter Courte against wch time hee would be redie with his said Accomptℯ wch favour (vppon soe iust a reason) the Courte did willing- lie assent vnto.

Sr Edwin Sandys Accompts respited.

Itt was informed that for asmuch as Sr George Yeardley complayned of the small number of the Counsell of State in Virginia remayning alive and of their seldome meetinge by reason they dwell so dis- persedly asunder and had no manner of allowance for attendance in that kind itt was the cause hee wanted such necessary assistance as was fitt and requisite: Itt was therfore taken into considerac̃on how this defect of Councellors might be supplyed and their meetings hear- after made more frequent, and itt was offered to the iudgment of this Courte wheither itt be not expedient that the said Counsell should be appoynted to assemble fower times a yeare and to hold quarterlie Sessions for one wholl weeke together to assist the Gouernor from time to time ∥as well∥ in matter of Counsell and of State and in all causes of importance as allsoe for redresse of generall and as well p̱ticularr greivances The Courte conceavinge this to tend much to the advancement of iustice in generall did therfore order that the said Sessions should hearafter be duely observed and kept: and that direc- c̃on should be given in the Gouernorℯ instrucc̃ons for establishinge of the same. [237]

The Counsell of State in Virginia to meet 4 times a yeare & to holde quarterly Session for one whole yeare week to- gether.

Itt was likewise signified that care had been taken to make some addic̃on vnto the Counsell of State in Virginia of men of worth and quallytie namely Sr William Newce knight Marshall of Virginia and mr George Sandys Treasuror of the same, And haveinge allsoe for- merly chosen Sr Frauncis Wyatt to be the successive Gouernor imeadi- atly vppon thexpirac̃on 1

Contraction for "the expirac̃on."

of Sr Georg Yeardleys Comission ther remayned now butt one Officer more of the Counsell to be continued or chaunged namely mr Secretary Porey whose Comission beinge butt for three years ended in Nouember next.

An Addic̃on to ye Counsell in Vir- ginia

Sr Frauncis Wyatt Gonernor.

Next mr Deputy therfore moved to knowe their pleasure wheither they would have mr Poreys Comission renued or the place to be supplyed by another whervppon the Company declaringe their desire to make a change; there were fower gentlemen proposed for the said place namely mr Smith mr Paramore, mr Dauison and mr Waterhowse beinge all of them recom̃mended by worthy p̱sonns for their honestie suffi- ciencie and experience in Secretary affaires, butt because no more butt three could stand for the elecc̃on itt was putt to the question wch three they would have nõiated for that purpose, whervppon mr Smith was dismissed and the other three appoynted to stand for the elecc̃on who beinge all three putt to the Ballatinge Box choise was made of mr Dauison by haveinge the maior p̱t of Balls whoe beinge called in to take notice that the Secretaries place was fallen vppon him did declare his thankfull acknowledgmt vnto the Company of their favour towards him promisinge to p̱forme his best to answer their expectac̃on of him.

mr Dauison chosen Secretarie

Itt was allso agreed vppon request made that hee should be admitted a free Brother of this Company and be of the Counsell of State in Virginia.

mr Dauison made free & of the Coun- sell in Virginia

Itt was further signifyed that the Counsell had taken into their Con- siderac̃on matter of future supporte of the Plantac̃on to supply ye Defectℯ of the Companies Stocke if they could by procuringe poor people to be sent hearafter to Virginia att the Common charge of the parishes where they live wch offer beinge made to the lower house of Parlyament att the last Session vppon occasion of great complaynte of the multitude of poore people swarminge in everie Cittie, Towne and parish itt was accepted of that house with a verie great and grate- full applause whervppon the Courte agreed a bill should be drawne to that effect against the next Session of Parlyament and entreated Sr Dudley Diggs, Sr Edwin Sandys and Sr Iohn Dauers to take some paines in the drawinge of the saide Bill. [238]

Poore people to be sent to Virginia.

a Bill to be drawne & to be exhibited to ye Parliamt howse.

A moc̃on was made that for soe much as the Companies of London and other Citties and Townes of this Kingdome had Adventured good Sums of monny towards the Plantacon in Virginia some course might be thought vppon to excite them to make some proffite of the Lands due vnto them they haveinge allredie done the like in Ireland with verie good Successe, This moc̃on was well approved and the Courte entreated the Comittee hearafter named to make some Declarac̃on to the seuerall Companies Citties and Townes what porc̃on of Land belongs vnto them in respect of their monneys adventured as allso what the charge wilbe to plant the same with people, and lastly what returnes of good Comodities they may make in a short time beinge duely prosecuted; The names of the said Comittees are these

Sr Edwin Sandys. mr Cranmor.
Sr Iohn Dauers. mr Berblock.
mr Deputie. mr Bernard.
mr Iohn Smith. mr Casewell.
or any fower of them are desyred to meet vppon the next ffryday followinge to advise aboute the same.

A Declarac̃on to be made to ye seuer- all Compa: Citties and Townes Cr.

Intelligence beinge given that a gentleman refusinge to be named hadd written a Treatice for the good of the Plantac̃on which consisted of those five generall heads namely Sustenance, Health, Defence, Comerce, and Censure, in handlinge of which hee had with great iudgment observed the causes of ye Defectℯ of everie of them in the Colony and proposed seuerall wayes how to remedie the same; The Court gave order that ye Companies thankℯ should be given vnto the said gentle- man wth ernest request that hee would p̳ceed to the finishinge therof and that after itt had been p̱vsed by a select Comittee itt should be putt in printe to p̱vse wch booke the Courte entreated these vizd.

Sr Dudley Diggs. Sr Frauncis Wyatt.
Sr Edwin Sandys. mr George Sandys.
Sr Iohn Dauers. mr Secretary Dauison.
mr Iohn Smith. mr Gibbs, mr Wrote.
or any fower of them. [239]

The Companies thanks to be giuen to ye gent̃ yt makes ye treatie of Sus- tenance Cr.

mr Deputy moued yt in respect some doubt was made that the Seed miscarryed wch was sent in Doctor Bohunℯ Shipp a Pinnace might be provided against September next to carry some more Seed, wch Seed was allredie spoken for, and promised to be here against that time, wch Pinnace should allso carry in her some Barly and Garden Seeds and some ffruite Trees of two years graftinge; The Courte agreed yt a Pinnace should be hyred and referred the bargaine to be made for the saide Ship and all other things therevnto app̱teyninge vnto the gen9all Comittees.

A Pinnace to be prouided for car- ryinge of Silk- worme seed Cr.

Mrs Katherine Binion shewed in her petic̃on that wheras one Iohn Martin late of London esqre was bound to the Petic̃oners ffather mr Thomas Binion lately deceased for payment of 205li att certaine daies, shee therfore moved that §in respect§ the said Capt: Martin had paide no p̱t of the said Debt and by reason of his resydinge in Virginia, shee knew not how to come by the same, that the Company would please to take some course to cause him to give her sattisfacc̃on wch request being taken into considerac̃on itt was conceaved the graunt of her desire would prove an ill president and would disharten many to see a course taken here to force such men to paie their Debts that had fled thither with hazard of their lives for releife and safegaurd in regard of their disabillities to discharge the same; And yett on the other side beinge vnwillinge to make Virginia a Sanctuary for bad Debtors that had wherewithall to discharge the same and yett out of obstenacie or ill consience would take no course that in such cases direcc̃on should be given (vppon complainte) to the Gouernor of Vir- ginia to cause ye p̱tie indebted to sattisfie the Same out of the proffittℯ of his labours wth Caution neuerthelesse that there be allwaies lefte vnto every such Debtor some Competent means of subsistance; Butt if they shalbe found sufficientlie able and yett denyed sattisfacc̃on out of a p̱vers willfullnesse that with such ill mindes strict order be taken for §p̢sent§ payment as the equitie of the Debt shall require; And because a question was moved whether ye Compa: had power by their Pattent to remand any back from Virginia to give sattisfacc̃on here if need did require, Itt was thought fitt that mr Hide, and mr Earle did consider of this poynte and examine the authoritie of the Company touchinge the same. [240]

mrs Kathern Bin- ions Petic̃on.

The Patent graunted to my Lady Dale for a p̱ticular Plantac̃on in Virginia beinge drawne in the vsuall forme and now p̢sented to be read was referred to a Comittee to p̱vse the same wch beinge approved by them order was given to mr Deputy to affixe the Seale thervnto, And ordered further that accordinge to my Ladie Dales request direc- c̃on should be given to sett outt her Lande where shee desyred if itt were not allredie planted or disposed of the Comittee appoynted to p̱vse the Pattent are these namely—

who are likewise entreated to p̱vse the Pattents graunted to Sr Dud- ley Diggs and his Associates, and one other to Sr Iohn Bourcher and his Associates and after that mr Deputy is appoynted to Seale them.

A Patent graunted to ye Lady Dale re- ferred to a Com̃it- tee.

Vppon mr Hamers moc̃on for the like Pattent as had beene graunted vnto others order was given for drawinge of itt vp in the vsuall forme and beinge p̱vsed and allowed of by the former Comittee mr Deputy is authorized to Seale itt.

A Patent graunted to mr Hamer.

Vppon moc̃on of the Som̃er Ilandℯ Company that they might have a Pattent of the proporc̃on of Land given them in Virginia by this Company beinge a thousand Acres the Court referred itt to the Audi- tors to prepare itt against the next Quarter Court and to take the advise of mr Iermyne therin, And that the Somer Ilandℯ Company if they pleased might make a draught of the said Patent and present the same to the Auditors to be corrected and amended if they shall see cause.

A Patent for the S: I: Company

Wheras the Plantac̃on in Virginia founded by his Maties: royall power and prosecuted by the Adventurers and Planters with the charge of aboute one hundred thousand pounds out of their owne pryvate estates without any proffitt as yett [241] hath in these latter years been cheifly Supported by his Mats: most grac̃ious graunt of the vse of the Lottaries wch are now susspended; The Compa: for Virginia in this great and generall Quarter Courte have ordered that the Auditors of the same Company make vp a true and perfect Accompt of all the said Lottaries §to§ be presented in all humble duety and thankfullnes to his Maty: In wch Accompt is to be sett downe aswell the seuerall Sums received as allsoe the vses whervppon they have been expended for the advancement of the Plantac̃on, And for the better effectinge therof, Itt was ordered likewise that the seuerall Treasurors of the said Company should forthwith transmitt vnto the Auditors soe much of the said Accomptℯ respectively as belongeth to the seuerall times of their offices.

A perfect Accompt of ye Lottaries to be p̢sented to his Maty:

The appoynted Comittee haveinge treated wth Captaine Norton did now reporte that findinge him resolved to plant himselfe in Virginia with his famylie att his owne charges beinge aboute the number of Tenn p̱sonns, and to make offer to carry ouer with him 4: Itallyans and two servants of his owne whome hee had p̱swaded to goe wth their wives and Children on Condic̃on they may be furnished in good manner att the Companies charge, which six p̱sonns shall within three moneths after their Arivall in Virginia sett vpp a Glasse ffurnace and make all manner of Beadℯ & Glasse and to content themselvs with the one halfe, and the other halfe of their labours to be the Companies wherof they desire a Patent of previledge for seaven years that they and no other in that space may sett vpp the said Workℯ, and if any other of ye same profession be sent they to come vnder their parte and to be imployed by them in the said worke; In considerac̃on herof and in regard of the benefitt that is like to come to ye generall Company; The Comittee certefyed they were of opinyon ye Compa might graunt him such a Patent, without makinge presydent for Monopolies; And forasmuch as Capt Norton himselfe vndertakes the ouersight and gou9ment of this worke and p̳miseth to instruct and traine vp Apprentizes or any other p̱son that the Company shall appoynt to be taught therin The said Comittee have thought fitt to allowe him a fifte p̱t of the Companies moytie, And besides hee being desirous of a quantitie of Land, for so much as they found him soe free and generous in his proposic̃ons they have p̳pounded 400 Acres of old Adventure to be bestowed vppon him for his inheritance, wch seuerall proposic̃ons the Courte takinge into their considerac̃ons did agree first that the said p̱sons should be furnished in the best man- ner at the Compa: charge, and shall have the Patent they desire for seaven years. [242] Provided that in leive of their moytie of Beads wch is the matter of Trade with the Indians properly belonginge to the Companie they take a valuable considerac̃on either outt of the Companies moytie of Glasse or in Corne or other like Comodities as the Gouernor and Counsell of Virginia shall thinke meete, and for Capt Nortons owne allowance the Courte have confirmed vnto him the fifte parte of their moytie, and the proporc̃on of Land hee desires, And shall have two men more for cuttinge of wood for the sayd workℯ, wherof hee is to furnish out one att his owne charge.

The Comittees re- porte concerninge Capt Norton.

The Comittee appoynted by the Preparative Courte to treate with mr Cleyborne (Comended and proposed for the Surveyors place) have- inge mett the next day and takinge into their considerac̃ons the allow- ances that a former Comittee had thought fitt to State that Office withall in respect of the service hee was to p̱forme aswell in generall as p̱ticuler Surveys did agree for his Salary to allow him Thirty pounds p̱ annum to be payd in two hundred waight of Tobacco or any other valuable Comoditie growinge in that Country and that hee shall have a convenyent howse p̳vided att the Companies charge and Twenty pounds in hand to furnish him with Instruments and bookℯ fittinge for his Office wch hee is to leave to his Successor. Butt for the matter of his dyett wch was formerly appoynted to be wth the Gouernor find- inge therein some difficultie & inconvenience they had in leive therof thought fitt to allowe him the free transporte of a third p̱son besides himselfe and his servant and have given him 200 Acres of Land of olde Adventure for an inheritance; And in case hee shalbe supplyed in matter of Survey for any pryvate man his wages shall not exceed six shillings p̱ diem besides his Lodginge and Dyett wch hee that imployes him shall pay him for; The said allowance beinge now putt to the question this Court did ratifie & confirme And fyndinge mr Cleyborne contented to goe vppon the sayd condic̃ons have accepted of him to be surveyor for three years.

The Comittees re- porte concerninge mr Cleyborne

The Comittee appoynted to treat with him that vndertooke to plant Lyquorish touchinge his demaunds of the Company for his imploymt in that kinde to their vse did now make reporte therof vnto the Courte, wch beinge taken into further considerac̃on and fyndinge itt a worke of no such difficultie butt that everie ordinary man might soone learne howe to plant the same and beinge vnwillinge to putt the Company to any further charge then needs must did therfore refuse to entertaine this bargaine especially vppon such p̱posic̃ons as the vndertaker had offered. [243]

The Comittees re- porte of him yt vndertakes to plant Lyquoris.

Itt was signified vnto the Courte that an Apothecary offered to trans- porte himselfe and his wife att his owne charge to Virginia if the Company would please to give them their transporte of two Children, the one beinge vnder the age of eight and the other a youth of good years: wch offer the Courte did verie well like of in respecte of the great want of men of his p̳fession and beinge putt to the question did agree thervnto; Provided that the said Apothecary att his Cominge ouer did exercise his skill and practise in that profession wch itt should be lawfull and free for him to doe and to that end should be recom- ended to the Gouernor.

An Apothecary al- lowed to haue ye passage of two Children free

Itt beinge moved in the former Courte and referred to the considera- c̃on of this Quarter Courte that the remaynes of monny due by Col- lecc̃ons in the hands of divers Bishops might be called vppon and brought in; The Courte desyred yt itt would please my Lord of South- ampton to ioyne with my Lords grace of Canterbury to solicite those Bishops by L̃res for bringinge in of the same.

The Lo: of South: desired to ioyne wth ye Lo: grace of Cant̃: to solicite ye Bishops Cr.

And beinge likewise moved that the Knightℯ and gentlemen as allsoe the Marchantℯ and Cittizens might be earnestly called vppõ for pay- ment of their monneys due by their subscripc̃ons, Itt was recom- mended to the care of the Auditors to dyrect some course touchinge the same.

The moc̃on for sol- licitinge Knts Cr. for their subscrip- c̃ons referd to ye Auditors.

Wheras itt was referred to the Considerac̃on of this Courte for Adven- turers to resolve what som̃e of monny they would willinglie subscribe to pay for raysinge a Ioynt stocke towards the p̳vidinge of Apparrell and other necessaries wherof the Colony stood in greate need all their former store beinge spent and therfor this Supply the more like to be putt of wth the greater proffitt to ye Adventurors The Courte here- vppon agreed that mr Webb should goe aboute with the Role that was allredie drawne to that effect for Adventurors to vnderwrite.

mr Webb to Carry the Role

Wheras the Compa: were Adventurers in the olde Magazine the sume of 800li: and many other pryvate men of the Company interessed in it allso; Itt was ordered that the Auditors for the said Magazine vizd

should meete to audite the said Accompts wherby they might knowe [244] what they were indebted as allso what they were to receave and for their better assistance and help in their proceedingℯ therin the Courte have added vnto them—

mr Ayres. mr Mellinge
mr Bland. and
mr Casewell. mr Cuffe.

Magazine to be audited

Itt beinge referred to this Courte to dyrect some course for the dis- pose of two Indian maydes haveing byne a long time verie chargeable to ye Company itt is now ordered that they shalbe furnished and sent to the Summer Ilands whether they were willinge to goe wth one servante apeec towards their prefermt in marriage wth such as shall accept of them wth that means—wth especiall dyrecc̃on to the Gou9nor & Counsell there for the carefull bestowinge of them.

ye 2 Indian maydℯ to be sent to ye So- mer Ilandℯ

Itt beinge moved that a Comittee might be appoynted for drawinge vpp of the Gouernors instrucc̃ons and Comission as likewise for the Thr̃er and Secretary to expedite their dispatch in respect of their p̢fixed time of their settinge forth drewe neere, The Courte nõiated these followinge to p̱forme the same vizt.

Sr Edw: Sandys. mr Wroth.
Sr Io: Dauers. mr Io: Smith.
mr Deputie. mr Nich: fferrar.
mr Gibbs. mr Casewell.

A Comittee for drawinge ye Gou9- nors instrucc̃ons

Captaine Bargraue haveinge petic̃oned to this Courte that some of the Counsell (beinge Parlyament men) might be appoynted to examine certaine wittnesses of his beinge nowe in Towne afore their goinge back to Virginia in the cause in difference betweene him and Sr Tho: Smith for wch hee had petic̃oned to the Lower house of Parlyament; The Courte made him aunswere that for soe much as Parlyament men were named in his Petic̃on they durst not meddle therwith nor would the Parlyament accept of Deposic̃ons taken in any pryvate Courte without the Personall appearance of witnesses themselvs vnto the house att the hearinge of the cause besides itt was held indyrect and vnequall to give way to his desire, vntill Sr Thomas Smith himselfe were made acquainted with his Petic̃on and did assent vnto this Courte of examyninge Witnesses.

Ca: Bargranes Pe- tic̃on for examin- inge of Wittnesses.

Vppon the humble petic̃on of Ioice Lodge the Courte have orderd that shee shall have one Share of Land of 50 Acres for the Adven- ture of her p̱sonn and her thirds out of the Land due for her p̱sonall Adventure due for of her said deceased Husband, and besides the Courte have been pleased to bestowe vppon her one Share of Land more for §of§ one hundred Acres old Adventure in considerac̃on of her goods that she sayth shee lefte behinde her in Virginia, And accordinge to her request ordered the same to be assured vnto her vnder the Companies Seale.

Ioice Lodge Peti- çon.

mr Peirce movinge the Courte would please to assigne him the place wher hee desires his land might be sett outt, some of Martinℯ Hundred alleadged yt the said Lands were allredie possessed by them [245] butt mr Peirce affirmed the contrarie, whervppon the Courte ordered that further enquirie should be made, and beinge found who hadd the pryoritie or first possession itt should be assigned accordinglie.

mr Peirce moc̃on to appoynt him ye place wher hee desires his Land may be layd out

Intelligence beinge given of two Mynisters yt offered themselvs to goe for Virginia the Court referd them to be treated & concluded with by ye Comittees

2 Mynisters.

And for somuch as Sr Fraunces Wyat desyred hee might make choyse of one that was willinge to goe wth him ye Courte assented thervnto.

Sr Fra: Wyate.

Mr Deputie moved that the Courte would give order for sealinge ye Contract made wth mr Ewens, mr of the George beinge drawne vpp accordinge to the Contract made withim which was ratyfied by a former Courte The Courte thought fitt to Commend itt to his care to see the same p̱formed accordinglie as allso to seale his Comission.

The Contract wth mr Ewens to be sealed.

Mr Edward Hackluite assigned two Shares of 25li Adventure to one Iohn More beinge next heire to Richard Hackluite his father deceased desyred itt might pass the approbac̃on of this Courte which was accordingly graunted they findinge his said ffather vppon search of the booke no way indebted to the Company for ye same.

mr Edmond Hack- luite 2 shares to Io: Moore.

Vppon credible informac̃on that Ambrose Wood of Hamsey in the County of Sussex gent̃ is the next heir vnto Capt Thomas Woode deceased (beinge his onely brother) wch Thomas Wood adventured the some of 50li towards the Plantac̃on in Virginia Anno: 1609 as by his bills of Adventure may appeare; Itt is therfore ordered by a generall consent that the said Ambros Wood shall have allowed and confirmed vnto him in the right of his said Brother fower Shares of Land in Virginia due for the Adventure of the said 50li paid into ye Treasury as allso one Share of Land more due for the Adventure of his Broth- ers p̱son to Virginia wher hee dyed longe since.

mr Ambrose Wood to have 4 shares of Land Cr.

At a generall Courte helde for Virginia the 25th Iunij 1621

Present.
mr Iohn Ferrar. mr Berblock. mr Bill.
mr Deputy. mr Palmer. mr Meuerell.
mr Iohn Wroth. mr Tucker. mr Morewoode.
mr Gibbs. mr Swinhoe. mr Baynam.
mr Robert Smith. mr Ruggellℯ. mr Widdowes.
mr Nicholas Ferrar. mr Blande. mr Vyner.
Captaine Bargraue. mr Harte.
mr Cuffe.
mr Geo: Smith.
mr Hackluit.
mr Penistone.
mr Robertℯ.
mr Mellinge.
mr Raph Fogge.

Mr Deputie signified vnto this Court that the occasion of their meet- inge this afternoone was to lett them know how farr the Comittees (haveinge mett the 18th of this p̢sent monneth) had p̳ceeded with Captaine Norton [246] and the Italian Straungers that are to be sent to Virginia to make glasse and beads; That wheras the last Quarter Courte had approved of a bargaine made wth them by the former Com- ittee for the furnishinge and transportinge of eleven p̱sonns for the said worke att the Companies charge wch amounted to the Sume of att least 150li, the same haveinge been againe taken into considerac̃on att this last meetinge and fyndinge the Companies Stocke no way able to p̱forme the same (as thingℯ now stood) Itt pleased mr Sandys outt of a desire to advance soe hopefull a worke and to ease the Company of the present charge to offer to take the said Itallyans to himselfe in leive of those men that were to be allowed him by the Company in respect of his office and that the Company should be att no further charge then for transportinge and furnishinge two of their wives and three of their Children wch offer by a Comittee was willinglie embraced and in leive therof they thought fitt that the said workmen should be appropriated vnto mr George Sandys as Treasuror vntill the Compa: shall please to give him a valuable considerac̃on for them, wch work- men have couenanted within three monneths after their arrivall in Virginia to sett vp a Glass Furnace and to make Glasse and Beads for the Company in the condic̃on of Tennantℯ att halfℯ for the space of Seaven years for wch time they are to have a Pattent of pryveledge that they onely and no other except such as the Company shall send vnto them may be p̱mitted to make round Glasse drinckinge Glasse or Beads and in lieve of their moytie of their Beads they ar to have valuable consyderac̃on in some other Comodities att such Rates as the Gouernor and Counsell of State in Virginia shall thinke fitt who are likewise to stint and proproc̃on what quantytie of Beads they shall thinke requisite to be made from time to time. And in respect Cap- taine Norton is to have the ouersight & gou9ment of the said Italyans ther is graunted vnto him on fifte p̱t of the Companies moytie to dis- pose of att his pleasure and besides hee is to have 400 Acres of Land olde Adventure for an inheritance.

mr Geo: Sandys offer to take ye Italians to him- selfe in lieue of those yt are to be allowed him by the Compa:

To sett Vp a Glass Furnace within 3 monneths after their ariuall Cr.

Captaine Norton.

Which seuerall p̳posic̃ons and allowances lymited wth so good Cautions this Courte did well approve of and beinge put to ye question did will- inglie condiscend vnto them.

Captaine Norton likewise p̳mised to be redie with his people within 14 daies to take Shippinge.

Capt Norton to be redy wth in 14 daies

Mr Ralph Fogge moved that the five Shares confirmed vnto him by the Quarter Courte held the second of May last might be testified vnder the Companys Seale for that many vppon that assurance would be moved to goe ouer to plant for his sake, whervppon itt was agreed that hee should have a Certificate to that effect Sealed. [247]

mr Raph Fogge 5 shares to be con- firmed vnder ye Seale.

At an extraordinary Courte helde for Virginia ye 2th Iulij 1621

Present.
Sr Iohn Dauers. mr Wroth. mr Iohn Smith.
Sr Edwin Lawley. mr Gibbs. mr Iohn Bland.
mr Deputy. mr Wrote. Captaine Bargraue.
mr George Sandys.

Wheras itt was agreed and ordered by the former Courte yt for somuch as the Company were not able to p̱forme the bargaine made wth the Glasse men without bringinge themselvs into Debt (wch my Lord of Southampton did not desire) and had often given Caution hereof to the Compa: That therfore they should be turned ouer to mr George Sandys Treasurer of Virginia for a certaine time in lieue of those hee should have hadd for his place att the Companies charge vntill a val- uable considerac̃on might be given him for them by the Company, yett haveinge now againe taken the same into considerac̃on and find- inge itt may proue a matter distastfull to many, that a Bargaine of this nature should be translated from the Company to one mans pry- vate vse and benefitt (wch Act allso was found to contradicte an order of a great Quarter Courte held the 13th of Ivne last) Itt was therfore thought fitt and is now agreed and ordered (and that wth the consent and good likinge of mr Georg Sandys who said that hee desyred them not to preiudice the Company, butt to sett the said worke a foote that was like to fall for want of means) that the Company should againe entertaine the Bargaine into their hands though they did some what bringe themselvs in debte for the same, and that mr George Sandys should have his men taken of the publique in Virginia who should be furnished from hence with apparrell, and other necessaries in as good manner as any other of the Companies Tennantℯ, wch Course was well approved of by the Courte.

The bargaine wth ye Glasse men en- tertayned againe by ye Company.

Captaine Bargraue moved yt the Compa: would please to appoynte some to take hearinge of the differences between him and Captaine Martin, (Wittnesses haveinge been alredie examyned on either side and certified as would appeare) to thend they might be accorded with- out longer delay or farther sute. Whervppon the Courte thought fitt that some five of the Counsell should be entreated to meet on ffryday morninge next att mr Ferrarℯ house to heare and determyne the same if they cann or otherwise to make reporte how the cause stands between them, and in whome ye default is that an agreement cannot be made. [248]

5 of ye Counsell to determine ye dif- ferences betweene Capt Bargraue and Capt Martin

mr Thomas Iadwin moved that wheras Thomas Woodliffe stands indebted vnto him (§as§ by bond dated the 8: of Iuly may appeare) in the some of 20li for Comodities lent him then att his goinge ouer to Virginia wch should have been paid in Ivne followinge, that for soe much as the saide Woodliffe is now dead and hath lefte a sufficient estate to discharge his Debtℯ that therfore the Court would please to give order to ye Gou9nor to take some course that hee may be sattisfied for the saide Debt out of the p̱sonall Estate of the said Woodliffe wch moc̃on the Court conceaving to be verie reasonable ordered that direc- c̃on should be given to ye Gouernor to see that right be done accordinglie.

mr Tho: Iadwinℯ moc̃on thought Very reasonable

Mr Deputy signified of a letter hee had receaved from mr Gookin of Ireland who desyred yt a Clause in the Contract between him and the Company touchinge Cattle wch hee had vndertaken to transport to Virginia after the rate of eleven pounds the Heiffer and Shee Goatℯ att 3li: 10s apeec for wch hee might take any Comodities in Virginia att such prizes as the Company here had sett downe hee desired yt those words might be more Cleerly explayned; And to this effect mr Deputy signified yt they had drawne a letter in the name of the Counsell and Company vnto mr Gookin declaringe that their intent and meaninge was itt should be lawfull and ffree for him and his ffactors to Trade barter and sell all such Comodities hee shall carry thither att such rates and prizes as hee shall thinke good and for his Cattle shall receive either of the Gouernor or other pryvate p̱sonns any of the Comodities there growinge att such prizes as hee cann agree; And lastly yt accord- inge to mr Gookins request in his said ɫre they had promised yt hee should have a Pattent for a p̱ticularr Plantac̃on as large as yt graunted to Sr William Newce and should allso have liberty to take 100 Hoggs out of the fforrest vppon condic̃on that hee repay the said nomber againe vnto the Company within the tearme of seaven years; Pro- vided that hee vse them for breed and encrease and not for present slaughter.

A L̃re: from mr Gookin.

A L̃re written to mr Gookin.

And further to this effect they had allso drawne a letter to the Gouer- nor and Counsell of State in Virginia both wch beinge now p̢sented and read the Court did very well approue of and gave order that the Seale of the Counsell should be affixed to that addressed to mr Gookin and that some of ye Counsell should signe the other to the Counsell of Virginia. [249]

A L̃re written to ye Gouernorr & Counsell of Vir- ginia to this effect

Itt was signified yt one mr Kettleby made offer to goe att his owne charge to Virginia vppon a Discouery now att the first with an intent there to settle and plant himselfe; for wch cause hee desired to be recomended to the Gou9nor; wch moc̃on the Courte conceauinge to be verie reasonable did willinglie condiscend there vnto.

mr Kettlebie to be recomended to ye Gou9nor

Lastly itt was moved and thought fitt that some of the Counsell appointed would please to meet vppon this next Thursday in the after- noone att mr Ferrars howse about the Gouernors Instrucc̃ons.

Some of ye Coun- sell to meete aboute ye Gouern- ors Instruc̃:

At a Courte helde for Virginia the 10th Iulij 1621

Present.
Sr Iohn Dauers. mr Alder: Iohnson. mr Gibbs.
Sr Antho: Palmer. Sr William Newce. mr Wrote.
Sr Phillip Cary. mr Deputy Ferrar. Dr Winstone.
mr Wm: Spencer. mr Wroth. Dr Anthony.
mr Georg Sandys.
mr Smith.
mr Nicho: Ferrar.
mr Risley.
mr Holloway. mr Casewell. mr Lawrence.
mr Cartwright. mr Barnarde. mr Couell.
mr Abdy. mr Wiseman. mr Leuor.
mr Tucker. mr Ayres. mr Newporte.
mr Palmer. mr Edwards. mr George Smith.
mr Whitley. mr Ruggell. mr Fellgate.
mr Darnelly. mr Essington. mr Morrice.
Capt Hamor. mr Chamberlyn. mr Meuerell.
mr Bull.
mr Bagwell. mr Woodall. mr Hackett. mr Cuffe.
mr Ewre. mr Wells. mr Colethurst. mr Webb.
mr Robertℯ. mr Harte. mr Dawes.

Mr Deputie signified, that the occasion of warninge the Courte this present day was to acquainte them with the aryvall of the Bona Noua rydinge att anchor neer the Ile of Wight by wch Ship haveinge received divers letters, and one generall letter from the Counsell of State in Virginia directed to the Company here hee thought fitt to imparte itt vnto them att this meetinge and thervppon prayed they would attend the hearinge of them, wch beinge read the p̱ticular relac̃ons gave the Companie verie great content to heare that som̃ Staple Comodities, as Vines, and silke, began to be planted accordinge to the Companies former dir̃ections and that they prospered with soe good successe, as allso to heare of a confirmac̃on of a Peace, and of a League wth the Indian Kinge wherby not onely a great trade and com̃erce wth them hearafter for Corne and other Comodities is like to ensue and good means allso for converting them to Christianytie and to draw them to live amongst our people; [250] Butt fitt occasions likewise seems now to be offered of further Discoueries vp into the Countrie both for the findinge out of the South Sea and Certaine Mynes menconed in the said letters ∥wch∥ will vndoubtedlie conduce ∥to the∥ great honor and enlargment of the generall Plantac̃on in a short time; Ther was also read vnto the Company a Relac̃on of three seuerall Voyadges made this last Sum̃er one to the Southward to Roanocke made by mr Mar- maduk Rayner. 1

These letters were probably those mentioned in List of Records, Nos. 238, 241, 243–245, 247–249, pages 147 and 148, ante.

The Bona Noua returnd

The L̃res reade.

3 Seuerall Voy- adges made one by mr Marmaduk Reynor

A Second by Ensigne Sauadge in the great Bay wherin is a relac̃on of a great Trade of Furrs by Frenchmen: A Third mr Dirmers Discou- eries from Cape Charles to Cape Codd vp Delawarr Riuer, and Hud- sons Riuer beinge butt 20: or 30 Leagues from our Plantac̃on and within our lymitℯ in wch Rivers were found divers Ships of Amster- dam and Horne who yearly had there a great and rich Trade for Furrs, wch have moved the Gouernor and Counsell of State in Virginia ernestly to solicite and invite the Company to vndertake soe certaine and gainefull a Voyadge mr Chamberlyn likewise informed the Compa: of the great Trade that the Frenchmen had in those p̱ts of Virginia to their infinite gaine wch might wth farr less charge and greater ease be vndertaken by the Company.

a 2d by Ensigne Sauage.

a 3d by mr Dirmer.

This beinge done mr Deputy further signified that the Bona Noua was ∥nowe∥ returned from Virginia, staied onely for direcc̃on from hence to what Porte shee shall repayre, shee beinge laden wth some 40: or 50000 waight of Tobacco (as hee heard) for the generall Invoice hee had not as yett received wherof by mr Peirce ye Cape Marchantℯ ɫres there appeared to be about 16000 waight vppon the Accompt of the Old Magazine and about 11000 vppon the Accompt of the last yearℯ Magazine whervppon the Courtℯ resoluc̃on was that ther should be order giuen to ye mr to dep̱t instantlie for the Porte of Middle- burrow in Zealand and that the goods should be deliu9ed to mr Arthur Swaine sentt ouer formerlie as the Companies Factor and that hee should take them vpp accordinge to the Invoyces, and receave the ffraight of 3d p̱ pound due vnto the Company and afterwards deliuer the generall parcell to the Owners or to whome the Owners here should consigne them; And in p̱ticular the Adventurers of the Old Magazine concerninge the disposinge of theirs did order.

The Ship to de- parte for ye Porte of Middlebrough.

The Goods to be deliuered to mr Arthur Swaine and hee to receaue ye Fraight of 3d p̱ pound.

That mr Swayne vppon receipt of the ffraight of 3d p̱ pound should deliuer the Tobacco belonginge vnto them to mr Iohn De Clark whom by the p̱swasions and recom̃endac̃ons of mr Alderman Iohnson and mr Chamberlyn they did choose to be their ffactor.

mr Swaine to de- liuer ye Tobacco to mr Io: De Clark

They entreated mr Abdy, mr Chamberlyne, mr Essington and mr Bull to meete and consult concerninge the sale of this Tobacco nowe come home and ther vppon to write their letters of advise and direcc̃on to mr Iohn De Clark speedylie to try the markett and to returne them answer how the prizes went, mr Alderman p̱swadinge that the deferr- inge of the sale a little while would cause a good rise in the price.

A Comittee to Con- sult about ye sale of ye Tobacco.

Mr Chamberlyn and mr Bull were entreated to keep accompt of this present returne and to take order for discharge of the ffraight and all other duties and itt was ordered that all such monneys as mr Iohn De Clark should receave vppon Sale of the said Tobacco should be made ouer to mr Abrah: Chamberlin and mr Richard Bull who for ye same are to be accomptable to the Magazine Company. [251]

mr Chamb̴len and mr Bull to keep accompt of this present returne

Lastlie vppon the importunate desire of the Adventurers of the Mag- azine to come to some head in this intricate and tedious Stocke, mr Essington was desyred with all expedic̃on to make redy the Accompt some time the next weeke and to present itt to the Auditors appoynted by the last Quarter Courte to whome for the speedyer p̱fectinge of the buisines were added mr Abdy & mr Bull.

mr Essington to make redy ye Ac- compt.

Vppon the Right Honorable the Ea: of Southamptons recom̃endac̃ons of mr Bolton Minister for his honestie and sufficiencie in Learninge, and to vndertake the care and charge of the Mynistry, The Company have been pleased to entertaine him for their Mynister in some vacant place in Virginia and have therfore referred him to the Comitee to be treated and concluded wth touchinge his allowance and seated where they shall thinke fitt and most convenyent for him.

mr Bolton ye Myn- ister entertayned.

A moc̃on was made yt mr Iohn Pontice §aswell§ in respect of his owne worth and sufficiencie as allso in reward of his paynes and endeavors in the Companies service that some place of Comaund might be bestowed vppon him, and for somuch as ther was so great vse of a Vice Admirall in Virginia to take care of the Companies Ships that cam thither and of other matters thervnto app̱teyninge; Itt was therfore desired the said place might be conferred vppon him wch the Courte consented vnto, and ordered his Comission to be drawne vpp for the execuc̃on of the said place, provisionally for one yeare, and after duringe the Companies pleasure recom̃endinge itt to ye next Quarter Courte for confirmac̃on.

mr Iohn Pountice to be Vice Admi- rall.

ffor somuch as mr Peirce Cape marchant had now sent home his Accomptℯ by this Ship the Bona Noua, Itt was desired that the Com- ittees appoynted to meet to morrow, would please to examine and p̱vse the same.

Comittees to ex- amine mr Peirce Accomptℯ.

The Contract made wth William Ewens mr of the George accordinge to an order of Court held the second of May last beinge now presented and read, and likewise that p̱te wch hee was to seale vnto the Company The Court did approue therof and gave order to mr Deputy to see them sealled, And did allso allowe of the letter written on mr Ewens behalfe to the Gouernor and Counsell of State in Virginia who were entreated to p̳cure for mr Ewens what fraight they could homewards in recompence of the losse hee susteyned by carryinge a less fraight outward in the George then is vsuall for a Ship of her burthen onely to accomodate Sr Frauncis Wyatt and some other gentlemen the better in the said Shipp. 1

This contract is cited in List of Records, No. 256, page 149, ante.

The Contract wth mr Ewens to be sealed

The L̃re written to ye Gouernor in his behalfe allowed.

Itt beinge signified yt Capt Norton had p̢sented a bill of a greater charge then hee had form9ly p̳posed vnto the Comittee amountinge to 80li wch hee demaunds p̱tly for cleeringe the apparrell of the Itallyann gentlemen glasemen engaged for debt, and p̱tly for buyinge some materialls for their Glass worke wthout wch they could doe nothinge wch if the Compa: would please to discharge and sattisfie they should have for their securitie to be repayd againe the goods of the said Itall- yans turned ou9 to them [252] vntill ye said workmen might be able to sattisfie that debt out of the profittℯ of their labor, This beinge taken into considerac̃on itt was at length thought fitt that hee be referred to the former Comittee to be treated wth aboute the same, who are to make reporte how itt may be done wth out too great charge vnto the Company.

Capt Norton pre- sentinge his bill is referred to ye Com̃- ittee

Itt was signified that the Ladie Lawarr desyred the Court would please to graunt her a Comission dyrected to Sr Fraunces Wyatt, mr George Sandys and others to examine and certifie aswell what goods and monny of her late husbands deceased came to the handℯ of mr Rolfe in the year 1611 and to require yt accordinge to his promise shee may be sattisfied. And allso to cause the Cape Marchantℯ and some others of the olde Planters to examine how Captaine Argoll dis- posed of and to whose vse hee imployed the goods and provisions transported in the Neptune 16i8 appearinge to be of no lesse value then 1500li wherby shee is to demand sattisfacc̃on for the same; The Courte hervppon ordered that the Gouernor, mr George Sandys, mr Thorpe and some others whom they should thinke good should take the p̢mises into their considerac̃on, and enquire what goods and Debtℯ belonged to the late Lord Delawarr deceased and to whose hands they came and were com̃itted, And whatsoever shall appeare vppon exam- inac̃on and proofe to be due to cause a restituc̃on to be mad to their vttermoste value, or otherwise certifie vnto the Company here, that they may take such order therin for the recouery of them or the value as allso of ye debtℯ as to iustice shall app̱taine; Provided that her Lap: out of the worth of the said goods take order yt the Company may be sattisfied for the Debt they stand engaged for her said hus- band the Lord Lawarr accordinge to an order of Court the 14th of March 16i8 and an other formerly made the 14th of Ianuary 16i8.

My Lady Lawarrs request to graunt her a Comission Cr.

Request was made that such adventurers as were willinge to subscribe towards a Ioynt Stocke for sendinge a Magazine to Virginia to sup- ply ye Colony wth apparrell and other necessaries (wherof they were in great want) would please to vnderwrite to the Roll of p̱chment what some they are willinge to adventure yt p̢parac̃on might be made accordinglie in due time some haveinge allredie begann to subscribe to that purpose.

Request made to ye Aduenturers to vnderwrite to ye Role.

The Court beinge informed that the Comittee for the distributinge of Shares vppon merritt haveing mett the iith of Iune last and taken into their considerac̃ons the petic̃on of Capt: Maddison, and fyndinge that hee hadd deserved well of the Company by his constant endeavors many waies to doe them service, did thinke fitt for his encourragment to graunt him and his wife their transport att the Companies charge and two shares of Land and hearafter when the Compa: shalbe able they thinke fitt hee have two boyes sent him to ∥be∥ his Apprentizes out of the first number shalbe sent, & besides shalbe especially recomended to the Gouernor, all wch allowances the Court did very well approve of and assented thervnto.

Capt Madison & his wife to haue their passage free, & 2 shares of Land and to haue 2 Boys sent him

ffor so much as itt appeared yt mr Whittakers had obeyed the Com- panies orders in buildinge a Guesthouse for entertaynment of Sicke p̱sonns and for ye releife and comforte of such as came weake from Sea and had allso begunn to plant vines, Corne and such good Comodities and rayled in 100 Acres of ground, itt was moved yt the Court would please to bestowe some reward vppon him for his better encourrag- ment in soe good a course, Whervppõ itt was agreed and ordered that hee should have two boyes sent him when the Compa: shalbe able and that the reward of Tobacco allowed him by the Gouernor of Virginia shalbe confirmed vnto him. [253]

2 Boys to be sent to mr Whittakers, and to haue ye re- ward of Tobacco confirmed vnto him.

Vppon the humble petic̃on of mr Cutbert Essington yt the Court would please to pay for his passage home and free him from the Condic̃on of a Tenñant to ye Phisicians place seeinge Doctor Bohune wthout his consent or knowledg had tyed him thervnto, wheras hee onely went vppon his owne Adventure with Dr Bohune (as hee made to appear vnder the Doctors hand) in regard herof and for that itt was testified by the Counsell of States letters to the Company hee had done good service in the ffight, wth two Spanish Ships of warr, wher Doctor Bohune himselfe was slaine; The Court was pleased to graunt him his request to sett him free and pay for his said passage

mr Cutbert Essing- ton to be sett free and to haue his passage free to England.

Vppon the humble petic̃on of mrs Newporte widdowe, the Court ordered that Sr Frauncis Wyat thelect Gouernor and the rest of the Counsell of State in Virginia should be treated to sett out 32 Shares of Land in Virginia heretofore bestowed vppon Capt Christo: New- porte her late husband deceased in reward of his service with an addic̃on of three wholl Shares for the p̱sonns of 6 men transported att her charge in the Ionathan Anno 1619 in any place not alredy disposed of wch is com̃ended to the care of Captaine Hamer to see itt done accordinge to mrs Newportℯ desire.

Sr Fra: Wyatt to sett out 32 shares of Land for mrs Newporte, and 3 whole shares for 6 men transported.

The Courte takinge the petic̃on of Thomas Webb into their considera- c̃on have agreed and ordered yt hee shall have 3. Shares of Land old Adventure in considerac̃on of his Adventure of his monny and p̱sonn into Virginia and to desire the Gouernor of Virginia att his cominge ouer to sett out his said Land for him in any place not alredie disposed of.

Tho: Webb to haue 3: shares of Lande.

Vppon the humble petic̃on of Ioice ffreake a poore distressed widdowe that the 2 Shares of Land formerly bestowed vppon her by order of Courte the 13th of Ivne last in respect of hir p̱sonall adventure and for some certaine goods shee p̢tended shee had lefte in Virginia into the Companies store might be confirmed vnto her vnder the Companies Seale and direcc̃on given for settinge out of the said Land, Itt is ordered that Shee shall have a graunt or confirmac̃on of the said Lands vnto her, and her heirs and assignes for ever vnder the seale of the Company.

Ioice ffeakes 2 shares to be con- firmed to her vn- der ye Compa: seale.

An extraordinary Courte ye 12th of Iuly 1621

Present.
mr Deputy Ferrar. mr Bromefeild. mr Bartham.
mr Brooke. mr Riseley. mr Combes.
mr Wroth. mr Bargraue. mr Baynam.
mr Gibbes. mr Rogers. mr Robertℯ
mr Wrote. mr Blande. mr Whitley.
mr George Sandys. mr Casewell. mr Smith.
Dr: Gulstone. mr Couell. mr Woodall.
mr Nicho: Ferrar. mr Swinhoe. mr Harte.
mr Paine. mr Leuer. mr Ayres.
Dr: Winstone. mr Edwards. Wth divers others
mr Barnard.

The Court haveinge made request vnto mr Chamberlyne to p̳cure them some good quantitie of Silkworm seed from beyonnd sea, hee signified that hee had heard the Seed of Valentia to be held generally the verie beste for that those wormes would prosp̳ in any place, wheras ye Seedℯ of other p̱ts would onely thrive in their native and prop̱ Clymate and no where else and therfore hee promised att their request to solicite some of his frendℯ that should doe their best to procure (if they could) [254] some Six pound of Seed from Valentia accordinge to their desires, for which the Company gave him verie great thankℯ and prayed itt might be done wth as much expedic̃on as may bee.

The Courtℯ re- quest vnto mr Chamblen for Silk- worme seed.

mr Deputie signified yt wheras Captaine Norton had formerlie agreed & contracted to carry ouer with him into Virginia besides his owne pryvate famely the number of 6 Itallyans who within 3 moneths after their arivall had vndertaken to sett vpp a Glasse ffurnace, and make Glasse and Beads for the vse of the Company in the Condic̃on of Tenñantℯ att halfℯ for 7 years the charge of wch workemen wth 2: of their wives and 3 of thire children beinge transported and furnished wth apparrell, Victuall, Tooles and all other materialls and necessaries fittinge for their vse, and of the p̱formance of the said worke should stand the Company butt in 150li or ther aboutℯ vppon wch condic̃on the bargaine was entertayned and the same ratifyed and confirmed by the last Quarter Courte, yett shortly after entringe into a re-examinac̃on of the State of their Cash they found as things then stood 150li was more then the Stocke of the Compa: could make good without bring- inge themselvs into debt, wherof my Lord of Southampton had admonished them to be carefull, and thervppon they thought fitt to turne ouer the said Bargaine to mr George Sandys. after this vppon better considerac̃on, and for some reasons menc̃oned in the said order of Courte, the Company were willinge to entertaine the said bargaine againe into their hands; But since that time Captaine Norton had now p̢sented them a bill of a new charge amountinge to no less then 80li: ouer and aboue the former Sum̃e of 150li wch hee said was to be disbursed p̱tlie for redeeminge the said workmens apparrell and Tooles engaged now for Debtℯ, and p̱tly for such materialls as hee feared could not be had in Virginia, and without which they could not p̳ceed in their said worke; Hee therfore thought good to pro- pose itt to the Considerac̃on of this Courte that hee might know their further pleasure herein, assuringe them that ther was nothinge lefte in Stocke to discharge so great a Sum̃e, Whervppõ after much dispute aboute itt, Itt was att length moved and desired that if the Compa- nies stocke were no ways able to goe through with so greate a charge that then this Courte would please cleerly to release Captaine Norton of his former Contract and to yeild the same bargaine to pryvate Adventurers yt would be willinge to vndertake the same wch moc̃on was generally held to be both iust and resonable, and ther vppon the same beinge accordinglie putt to the question itt was agreed wth gen- erall consent yt Captaine Norton should therby be discharged of the said contract and lefte free for pryvate Adventurers to entertaine the said bargaine vppon the same condic̃ons in poynt of benifitt that the Compa: should have done.

Captaine Norton.

The Bargaine made wth Capt: Norton cleerly re- least and left free to priuate Aduent- urers to entertaine ye said Bargaine

At a Courte held ye 16: of Iuly 1621

mr Deputy. mr Risley. mr Robertℯ.
Dr Gulstone. mr Rogers. mr Wydowℯ.
mr Wroth. mr Nich: Ferrar. mr Baynam.
mr Gibbs. mr Parkhurst. mr Hackett.
mr Wrote. mr Wm Hickes. mr Bland.
mr Robt Smith. mr Casewell. mr Georg Smith.
mr Sandys. mr Barbor. mr Morewood.
mr Bromfeild. mr Bull. mr Newporte.
mr Darnelly. mr Harte.
mr Fogge.
mr Vyner.
mr Palavacine.
mr Crossland.
mr Ladwin.
mr Lawne.
wth divers others. [255]

Wheras att a Courte held the 12th of this p̢sent monneth the bargaine made wth Captaine Norton and the Italyans for settinge vpp of a Glasse ffurnace in Virginia for makinge of Glasse and beads was taken into serious considerac̃on and findinge the charge of transport- inge and furnishinge out the saide workmen with their servantℯ wives and Children (being in all eleven p̱sons) wth apparrell, victuall, Tooles and all other necessaries would come to a farr greater some then was att first proposed when the agreement and Contract wth Captaine Norton was first made, wherby the Companies stocke was no way able to vndergoe the burthen of this new charge in so much as this buisi- nes for want of sufficient means was like to fall to nothing

Itt was therfore now moved that seeinge the Company were not able to goe through wth itt, itt might be lefte free to pryvate Adventurers to vndertake the same vppon like condic̃ons in pointe of p̳fitt as they should have done; vnto this moc̃on (so iust and reasonable) the Courte did willinglie assent and by their said order did release and quite discharge the said Captaine Norton of his §former§ Contract with the Company; Hervppon the said bargaine beinge a new enter- tayned by certaine adventurers now present they did now acquainte this Courte that itt was not their intent therby vtterly to exclude the Company from a buisiness of this speciall consequence vnto them all (seeinge the Comoditie of Beads was like to proue the Verie Coyne of that Country), and therfore intendinge to raise a Ioynt Stocke of at least 400li the better to accomplish so good a worke they have agreed among themselvs that the Company should com in for a fowerth parte of the said charge, and therfore moved that for the better advancemt of the said worke and encourragment of the said Adventurors therin. That the Court would please to graunt him these p̳posic̃ons followinge.

The bargaine made wth Capt Nor- tonentertayned by pryuate Aduent- urers.

The Compa to come in for a 4th: parte.

First yt the said Adventurers might have a Patent of the said Glasse Furnace for seaven years for the sole makinge of Glasse and Beades.

To haue a Patent for 7: years.

Secondly yt they might have 50 Acres of Land for every p̱sonn they should transporte vppon this buisiness, and yt the Compa: would give them their p̱t of the Land.

To haue 50 Acres of Land for euery person they shall transporte.

They desire itt may now likewise be p̳mised and att the next Quarter Courte confirmed that the Sole makinge and transportinge of Soade beinge a materiall of speciall vse in makinge of Glasse may be appro- priated vnto them for 7: years.

The Sole makinge of Soade to be ap- propriated to them for 7 years.

Lastly they desire for the better releife and Comforte of their people that the Guest house wch mr Whittacres hath built may be appoynted for entertaynmt of their people some two monneths after their first landinge yt they may be able to build theire houses, and this may be specially recom̃ended to the care of the Gouernor to see itt done; All wch proposic̃ons the Court takinge into due considerac̃on conceived to be very reasonable and beinge putt to the question did willingly condiscend vnto them and p̳mised further that they should be reco- m̃ended to the next Quarter Court for confirmac̃on.

that ye Guest house erected by mr Whitacres may be appoynted for the entertaynment of their people.

The said Adventurers moved likewise yt some might be deputed for the Compa: and advise wth them aboute the well orderinge & manag- inge of the same, To wch end the Court nõiated these that follow vizt:

mr Deputy. mr Covell.
mr Keightley. mr Barkham.
Dr Winstone. mr Wheatley.
mr Cranmer. mr Bolton.
mr Barnarde. mr Cuffe.
who are appoynted to meete to morrow in the afternoone. [256]

some to be de- puted for ye Com- pany to aduise aboute ye well or- deringe of ye same

The said Adventurers did likewise offer that if any other would com in with their Adventure of xli a peec for neither lesse nor more was resolved to be paid towards this, between this and thursday next they should be admitted.

if any will aduen- ture their 10li they may be admitted

Itt was likewise moved and thought fitt yt two of the Company and six of ye said Adventurers should meet att their first leasure and §to§ consider and sett downe some Instrucc̃ons for Captaine Norton for his better direcc̃on in the managinge of the said Glasse worke.

2 of ye Compa & 6: of ye Aduent9 to meet & sett downe some Instrucc̃ons for Capt Norton.

The said Adventurers made choyce of mr Nicho: Ferrar to be thier Thr̃er whome they entreated very earnestly yt hee would not refuse to doe that favoure.

mr Nicho: Ferrar to be their Thr̃er.

Itt was likewise moved yt the said Adventurers would please to pay in their subscripc̃ons between this & Thursday next for the more speedie dispatch away of Captaine Norton and the said Glassmen.

The Aduenturers to pay in the sub- scripc̃ons.

ffower seuerall Rolls were now read and offered to such as would please to vnderwrite The ffirst beinge for a Magazine of Apparrell, and other necessary p̳visions such as the Colony stood in great need of; The Second for sendinge of 100: mayds to be made wives; The third for the advancement of the Glasse ffurnace as hath been for- merly menc̃oned; The ffowerth was for the settinge out of a Voyadge to trade with the Indians in Virginia for Furrs, It beinge certainely enformed by mr Chamberlyn & others and now of late from the Gouernor and Counsell of State in Virginia of the great trade of Furrs wch the French and Dutch have yearly made in Lawarr and Hudsons Riuer some 20: or 30 Leagues in distance from the Sotherne Plantacon to their incredible gaine and wealth; ffor better p̱formance of wch voyadge a means woulde now be found to doe itt att a less charge then att other times.

4 seuerall Rolls read and offered to such as will Vnderwrite

These said good vndertakingℯ were generally approved of and moved many then present to vnderwrite in the said Rolls, And for the better furtherance and advancement of this Acc̃on itt was moved & thought fitt yt direcc̃on should be given to the Gouernor to afforde his best assistance herein.

Direcc̃ons to be giuen to ye Gou9- nor

The said Adventurers have made choyse of mr Blany to be their ffactor or Agent to trade with the Indians for Furrs, and for this purpose allso mr Bland hath vndertaken to p̳cure one to ioyne with him that is verie skillfull in those kinde of Comodities if the Adven- turers think so good.

mr Blany to be their Factor.

Itt was moved that seeinge mr Iohn Peirce had taken a Patent of Sr Ferdinando Gorge and ther vppon seated his Company wthin the lymitℯ of the Northerne Plantac̃on as by some was supposed wherby hee seemed to relinquish the benifitt of the Patent hee tooke of this Company that therfore his said patent might be called in vnlesse itt might appeare hee would begin to Plante wthin the lymittℯ of the Sotherne Colony, Herevppon the Courte appoynted mr Robertℯ, mr George Smith, and mr Webb to treate with mr Peirce aboute itt and certifie att the next Courte what aunswere they should receave frome him. 1

The settlement in the Northern Plantation was at Plymouth.

[257]

mr Peirce his Pat- ent to be called in.

ffor so much as the Phisic̃ons place to the Company was now become voyde by reason of the vntimely death of Doctor Bohune slaine in the ffight with two Spanish Ships of Warr the i9th of March last; Doctor Gulstone did now take occasion to rec̃omend vnto the Com- pany for the said place one mr Pottℯ a Mr of Artes and as hee afirmed well practised in Chirurgerie and Phisique, and expert allso in Dis- tillinge of waters and that hee had many other ingenious devices soe as hee supposed his service would be of great vse vnto the Colony in Virginia, but prayed yt wheras Doctor Bohune was tyed by his Con- tract to supply such of his Tenantℯ as should dy after the first year att his owne charge that mr Pottℯ might be released of that Covenant beinge too strict and ouer hard as hee supposed, butt itt was aunswered itt was not in the power of any other butt a Quarter Courte to reverse or alter the same butt should allwaies finde the Company in all thingℯ verie reasonable to all well deservinge men, and therfor if mr Pottℯ would accept of the place vppon the same condic̃ons as Doctor Bohune did hee should be entertayned and for his better content should be specially recommended to the Gouernor to be well accom̃odated and should have a Chest of Phisique of 20li charge vnto the Company and all thingℯ thervnto app̱tayninge together wth 10li in Books of Phisique wch should allwaies belonge vnto the Company, wch Chest of Phisique and Books Doctor Gulstone was desyred to buy, and seeinge hee intended to carry ouer wch him his wife a man and a mayde they should have their transporte freed and if one or more Chirurgions could be gott they likewise should have their passage freed, wth condic̃ons mr Pott havinge accepted of was referred to the Comittees to be further treated & concluded with.

mr Pottℯ enter- tayned for ye Phi- sic̃ons place.

Itt was signified that Sr Frauncis Wyattℯ brother beinge a Mr of Artℯ and a good Divine and very willinge to goe wth him this present Voy- adge, might be entertayned and placed as Mynister ouer his people and have ye same allowance towards the furnishinge of himself wth necessaries as others have hadd, and that his wife might have her transporte freed, wch moc̃on was thought verie reasonable and ordered by erecc̃on of handℯ that hee should be entertayned and haue the place hee desyred and the same ∥like∥ allowance of monny graunted vnto mr Bolton lately entertayned.

Sr Fraunces Wy- attℯ brother enter- tayned for Myn- ister

Captaine Welden moved yt hee might have leave payinge his fraight to take out his Tobacco now brought home in the Duty wherby hee might sell the same to his best advantage, butt itt was obiected that hee must first take order to sattisfie the Company for the §great§ charge they were att in transportinge and furnishinge himselfe and two servantℯ att his first goinge to Virginia for wch hee was by coue- nant to have stayed in the Companies service for seaven years wheras hee had continued butt two years, and came away without their leave, and yett had given no accompt vnto the Company for that time for wch hee p̢tended some excuse and withall offered that for somuch charge as the Company were att for him (wch hee guessed to be some 44li or ther aboutℯ) hee was contented that mr Swaine should sell so much of his Tobacco as should aunswere the said debt vntill the matters in difference were decided, and ordered, wth this offer the Courte [258] was contented for the p̢sent to release his Tobacco and ordered yt direcc̃on should be given to mr Swayne to make sale of so much Tobacco as should amount to the said some of 44li to be made ouer to the Company.

Capt Weldenℯ mo- c̃on to take out his Tobacco brought home in ye Duty paying his fraight

mr Wrote acquainted ye Courte yt haveinge taken into considerac̃on the p̢sent State of the Companies Stocke and knowinge ∥it∥ to be vtterly exhausted and that all means of supply for the present are altogether seased hee conceaved itt to be a p̱t of his dutie to offer vnto this Honorable Courte such of his concepc̃ons as may for the p̢sent supply the Companies necessitie wth great plenty & defray ordinary charges.

mr Wrote offered to ye Compa: such of his conceptions Cr.

ffirst therfor hee p̳pounded that wheras ther are divers com̃odities in Virginia of good value in themselvs wch by the ouermuch greedines of the Planters have beyonnd all moderac̃on been sent ouer in that aboun- dance as the price of them is so abased as they will hardly discharge the fraight And are now vnp̳fitable both to the Adventurers and Planters, and for instance hee named that of Saxafras heretofore of good value and now not worth any thinge, that therfore hearafter divers of these Comodities may be appropriated to the Company and tearmed the Companies Comodities; Amongst these hee propounded Saxafras for one, and three other or 1

Written over the word "of" by the copyist.

more of such Comodities as wilbe of good value if they might be brought ouer sparingly and the pro- porc̃on lymitted.

Diu98 Comodities in Virginia of good Value in them- selues to be appro- priated to ye Compa:

And that neither the Planter nor Adventurer may 2

The letter "y" written over the letters "sh" by the copyist.

iustly condempne the appropriatinge of these Comodities hee did likewise propound the vse and end of them, hee wished therfore that the benefitt hereby accuringe may be imployed in buildinge of Churches, Hospitalls in fabricke of the Colledge in publique libraries for the vse of Mynisters in supply of Preachers in cause of death or their returne into England In ffortyfycac̃on, Armes Powder and Munic̃on, in erectinge new Officers necessary for the gou9ment of the Plantacon, especially for establishinge Courtℯ of Iustice, in buildinge of Ships, Galleys, & Shallops for Defence Trade and Discouery, In defrayinge the Charges of the Counsell of State in Virginia att their seuerall Quarter Ses- sionnℯ In buildinge of Bridges, makinge of Highwayes, and Aqua- ductℯ Cr And that this may continue for seaven years onely or till the publique Revennues be advanced, And that the Colony may ratefie this att their generall assembly, And that a select Comittee may be chosen to consider herof, and power given to them to add alter or diminish what they please, And so corrected bringe itt to ye Courte And if itt shall then be approved to receive a full confirmac̃on in a Quarter Courte ∥all wch hee humbly submitted to the censure of this Court.∥ Whervppon the Court conceavinge itt to be a matter of great importance and worthy of Consultac̃on com̃itted the same to ye con- siderac̃on & advise of.

Sr Iohn Dauers. mr Casewell.
mr Wroth. mr Abrah: Chamberlyn.
mr Deputy. mr Dr Gulstone.
mr Wrote. Doctor Winston.
mr Gibbs. mr Widowes.
mr Darnelly. mr Ayres.
mr Wiseman.
who are desyred to meete about itt when mr Deputy shall appoynte.[259]

The Vse and end of them

A Select Comittee to consider hereof

mr Wrote further signified that wheras the reputac̃on of this Honoɫe: Company hath by many sinister courses and iniurious Calumnies been blemished, (wch as a membr of this Company hee could not but resent) yett the greatest obliquie that hath been layd vppon itt hath been the im̃oderate prizes that our Comodities hath been vented att, wherin the Charitable and pious intention of good men hath been extreamly wrested and traduced, for avoydinge wherof hee propounded, ffirst that accordinge to former orders that such Cape marchantℯ as have abused their trust and transgressed their Instrucc̃ons may receave exemplary punishment, And for the future to prevent scandall that ther be a course taken to decry the price of Tobacco in Virginia, as beinge the onely couller they have to make good their asserc̃ons, for that Comoditie is become their monny and is valued att 3s the pound certaine, (be itt good or badd) wherby they are nourished in that thirstles and p̱nicious humor of plantinge Tobacco: and the evill returnes they make they attribute still to the oppression of the Adventurers here never consideringe the basenes of their Comodities and the infinite losse the Company have susteyned by itt, this beinge not onely the Destrucc̃ons of more then halfe the last Magazine adven- ture but the consumpc̃on allso of well nigh all the Companies Stocke by sendinge the last supply of Prentizes and maydℯ for wch the Planters have repayd them againe in nothinge butt Tobacco att 3s p̱ pound: And yett notwithstandinge the publique Declarac̃on of the Company and pryvate informac̃on by publique §frequent§ ɫres and otherwise of the base estimac̃on and price of the Comoditie and of their desire to be repayd in other Comodities, yett such is their opinion of this alone as itt hath not been possible hetherto to awake them out of this straunge dreame; Hee therfore advised that besides the decryinge of Tobacco some course be taken that some other Com- oditie may be made their Coyne and that Tobacco might be vented as as marchandize onely of no certayne price butt accordinge to the goodnes, this hee desyred might be Comitted as the former; Wher- vppon the Courte ordered that the former Comittee should take itt into their Considerac̃on and certifie their opinions what they should thinke fitt to be done therin.

mr Wrotℯ declara c̃on of ye synister Courses & iniuries Calumnies wth wch this Compa: hath been abused

Itt was likewise moved that wheras ther was sent hertofore 50: Boyes in the Duty wch cost the Company 500li: for wch ye Planters repayd them in 66 waight of Tobacco att 3s p̱ pound ratinge itt att 10li a boy wch Tobacco beinge sould by the Company they could hardly reach to 5li the Boy that therfore order might be taken to cause such of the Planters as had the said Boyes to make vpp a full allowance of the rest to the iust rate and valuac̃on of i0li the p̱sonn as itt stood the Com- pany in ∥in∥: wch moc̃on was very well approved of and ordered that a present Course should be taken to require the said p̳porc̃on of the Planters that the Company might not be loosers in the Disbursment of their monny to their vse & benifitt. [260]

The Planters to make allowance of ye residue to ye full value of 10li a per- son for ye 50 Boys sent in ye Duty

Wheras Credible informac̃on hath been given of the Death of Doctor Bohune mr Ouldsworth, and mr Tracy late chosen to be of the Coun- sell of State in Virginia, The Courte now thought fitt and requisite in supply of them to make addic̃on of other gentlemen vizd, mr Pott, mr Leech mr Paulett mynister and Captaine Roger Smith to be as p̳visionalls Councellors till they may receave confirmac̃on att the next Quarter Court and their names be incerted in the Comissions.

Counsellors chosen in ye steed of Doct: Bohune, mr Ouls- worth and mr Tracye.

The Petic̃on of Widdow Gunston was now read and ordered that itt itt should be referred to some of the Counsell and Comittee to cal mr Damiron and other the officers of the Ship before them to examine them touchinge certaine bookℯ and notes, touchinge Beniamyne Gun- stone her husband deceased concerninge his wholl estate wch shee sayth came to the hands of the said Damiron and others and now deteyned by them from her, as likewise agreat p̱t of her husbands estate.

The Widdow Gun- stones Petic̃on re- ferd to some of the Counsell Cr.

mr Deputy signified that wheras the Tryallℯ fraight was nowe to be payd wch came to 240li or theraboutℯ one mr Couell had attached the said monny vntill hee might be certified §sattisfied§ for certaine goods deliuered to the Mr of the said Ship: ffor somuch as mr Morer p̱t owner of the said Ship beinge now p̢sent did signifie yt hee was con- tented that Defalcac̃on should be made vnto him for the said Debt; Itt was agreed and ordered that the mony should be payd.

The mony for pay- inge ye Tryallℯ fraight attached by mr Couell

mr Morer content- ed that defalcacon should be made vnto him

At a Court helde 24 Iulij 1621

Sr Iohn Dauers. mr Nicho: Ferrar. mr Wyddowes.
mr Deputie. mr Shepparde. mrBaynam.
mr Wroth. Capt Bargraue. mr Couell.
mr Gibbs. Capt Martin. mr Edwardℯ.
mr Wrote. mr Barbor. mr Harte.
mr George Sandys. mr Blande. mr Moorewood.
Doctor Gulstone. mr Bull. mr Taylor.
Doctor Winstone. mr Swinhoe. mr Georg Smith
Doctor Anthony. mr Casewell. mr Martin.
mr Keightley. mr Darnelly. wth others.

Mr Wrote signified to the Company that hee had receaved informac̃on from a frend of his by letter that the Collection monny wch was gath- ered in the Countie of Norfolke towards ye buildinge [261] of a Col- ledge and Church in Virginia was payd ouer vnto mr Doctor Ieggon then Bp: of Norwich who dyed soone after wherby itt is conceaved that all that monny remaynes still in the hands of his executors vnac- coumpted for whervppon the Court ordered that the Secretary for the Company should repayre to the Prerogative Office to search who those were that were appoynted executors by the sayd Bp:

The Secretary to repaire to ye Pre- rogatiue Office to search who was executor of Doct: Ieggon Bp: of Nor- wich.

Itt was likewise signified that one mr Anthony Wythers out of an earnest desyre to further the Plantac̃on had vndertaken to p̳cure out of ye Low Countries a very rich Comoditie to be planted in Virginia as allsoe men skillfull for the orderinge therof wch if itt tooke that effect as was hoped, would exceedinglie advance the Plantac̃on in matter of p̳fitt Itt was therfore moved that in gratificac̃on of his good endeavors herein the Court would please to admitt him a free brother of the Company wch request was thought very reasonable and beinge putt to the Question was assented vnto by erecc̃on of hands; And for that itt was moved that this Comoditie might be one of those that were thought fitt to be appropriated onely to the Company.

a Rich Comodity p̳cured of the Low Countries by mr Withers.

mr Withers made free.

Itt was referred to the Comittee formerly appoynted for this p̱ticularr buisines to take itt into their considerac̃on and certifie their opinions touchinge the same.

Itt was allso moved that for so much as mr Sachiuerell who went ou9 heretofore to Virginia att the Companies charge had now againe repayde the Company as well for the charge of his passage wch was 6li as allso for the charge of his settinge outt wch was 20 nobles that ther- fore hee might be sett free and att liberty to dispose of himselfe, The Courte conceivinge this to be a sute very reasonable graunted his request accordingly.

mr Sachiuerell to be at liberty to dis- pose of himselfe.

The three Comissions formerly ordered to be graunted to the Gouer- nor, Thr̃er, and Secretary of State in Virginia, as allso the Instrucc̃ons and one other Comission for the place of Vice Admirall graunted to mr Iohn Pountice beinge now presented to the Courte were read and approved and order given to mr Deputy to affix the seale vnto everie of them, and further ordered that Duplycates of each of them should be sent by the next Shipp. 1

These Instructions and a letter to the Governor and council in Virginia are mentioned in List of Records, Nos. 261 and 262, page 149, ante.

The 3 Comissions for ye Gouernor Threr & Secr: Cr

1 other Comission to mr Pountice or- dered to be sealed

The Comitteee app appoynted to hear the diffirence between Capt: Bargraue, and Captaine Martin haveinge now made reporte of their p̳ceedings touchinge the same, Itt was signified that my Lord of South- ampton beinge desirous to accorde the differences had been pleased to appoynt that Capt Bargraue should make choyse of 2 for his p̱t to debate the said cause [262] before him, and himselfe would be Vmpyer therin, The Courte conceavinge this to be the fayrest and likelyest course that could be propounded to give a fynall end thervnto they ∥hath∥ therfore left it wholly to that course his Lp: had p̳pounded.

Captaine Bargraue and Capt Martine.

My Lo: of South: pleasure yt Capt Bargraue choee 2 to debate yte cause and he to be Vm- pyer

Mr Deputy signified that haveinge p̢sented to the Ea of Southampton the 4 Rollℯ of p̱chment whervnto divers had subscribed testifyinge therby their Zeale and constant resoluc̃on to advance the Plantac̃on (notwithstandinge the many discourragmentℯ they had receaved) as allso acquainted his Lop: with the 5 Rollℯ proposed since for sendinge Shipwrightℯ, and other principall ∥worke∥ men for makinge Ships, Boatℯ and other Vessellℯ wherof the Collony had great need growinge now to be populus and haveinge plenty of materialls for Shippinge, soe as they onely wanted Artistℯ to make vse of the same; Itt pleased his Lop: in furtherance of soe worthie Proiectℯ to subscribe for pay- ment of no less then 200li for his Lops p̱t, wch Rollℯ beinge presented likewise to Sr Edwin Sandys itt pleased him allso to subscribe for payment of the like Sum̃.

My Lo: of South- ampton sub- scribed, 200li to ye Rolls

Sr Edwin Sandys ye like sum̃

Mr Doctor Gulstone moved in the behalfe of Doctor Pottℯ chosen for the Phisicions place vppon his recomendac̃on that the Compa: would further please att his request to bestowe vppon him some 10li for his necessary provision for the present Voyadge wch the Courte takinge into considerac̃on was pleased to allowe him his Demaund the better to encourrage him to p̱forme the service hee hadd vndertaken for the generall good of the Collony.

10li allowed to Doct: Pott

A request beinge made in the behalfe of mr Richard Toppinge Cittizen and Brownebaker of London that the Court would please to take into their Custody an acquittance vnder his hand and Seale for a Debt due vnto him in Virginia from mr Iohnn Pollington, and to send him the said Pollyngton a true Coppie therof vnder the hand of mr Deputy Ferrar: This Courte herevppon appoynted the Secretary to keep in saffty ye originall acquittance and to vnderwrite their order to the Coppie of the said acquittance vnder mr Deputies hand for the better sattisfyinge as well of mr Toppinge (least the acquittance vnder his hand might miscarry) as allso of mr Pollyngton that theris no ill meaninge towards him in retayninge the Originall and sendinge butt the Coppie therof vnto him. [263]

A request in ye be- halfe of mr Rich- ard Toppinge

Vppon mr Carters moc̃on the Court p̱mitted him to passe ouer two shares of Land in Virginia the one vnto Rowland Trueloue of London Clothworker The other vnto Tobias Coop̱ of London Clothier the said Shares beinge p̱cell of the 40 Shares assigned vnto him by the Lady Lawarr with the allowance of the Auditors and the approbac̃on of a Preparatiue Courte held for Virginia the 30th of Aprill last past 1621

mr Carter 1: share to Rowland Tru- loue —1:share to Tobias Cooper.

Itt was now moved that for soe much as divers gentlemen were gone into the Country (accordinge to their vsuall manner att this time of the yeare) and for that the Compa: had now ouercom the greatest p̱t of their buisines that therfore the ordinary Courtℯ might be putt of and suspended till Michalmas wch beinge putt to the question was generally assented vnto Provided nevertheless that if ther should be cause to call an extraordinary Court itt might be p̱mitted, As allso itt was held fitt yt ye Comittee should have power to treat and conclude wth such Mynisters as should offerr themselvs to goe for the service of the Col- lony vppon the same tearms and condic̃ons as others formerly had done.

Ordinary Courtℯ suspended

Vppon moc̃on order was given to mr Deputy to seale such Com̃isions as were to be graunted to Maisters of Ships bound for Virginia.

Att a meetinge of ye Magazine Aduenturers ye 27 Iulij 1621

Present
mr Alderman Iohnson. mrBarnard. mr Bull.
Sr Io: Wolstenholme. mr Swinhoe. mr Wiseman.
mr Deputy Ferrar. mr Blande. mr Darnelly.
mr Wroth. mr Chamberline. mr Casewell.
mrWrote. mr Essington. mr Iadwin.
mr Gibbs. mr Rogers. wth divers others.
Itt is agreed and ordered that Henry Fotherby Servant to Sr Thomas Smith shalbe assigned by the Adventurers to receive such monneys as are now due by Aldermann Iohnson wch is near aboute 200li00:00
And of mr Leete 281:15:00
of mr Essington 100:00:00
of mr Wm Caninge 092:10:00
of mr George Smith 097:02:04

mr Fotherby as signed to receaue monny

[264] ffor the payment of a bond of 600li with the interest to one mrs Iane Iohnson a Dutchwoman and the ouerplus to be reserved in Cash to the said Adventuror's vse.

600liwth ye interest to be paid mrs Iohnson.

Itt is agreed further that mr Alderman accordinge to his owne offer shall have the Sassafras att 30s price p̱ Cent̃: Provided nevertheless that if ye said Adventurers can wthin a moneths time have a better price for it then mr Alderman is to be released of his said promise and they to make their best markett.

mr Alderman to haue ye Sassafras at 30s p̱ Cent̃.

Itt is allso agreed that at the monneths end the said Sassafras shalbe weighed out and mr Alderman is to pay for the same with other monneys due by him and others in Ianuary next for the sattisfinge of a bond of 1000li: wth interest to the Chamber of London; And what shalbe wantinge of the p̳ceed of the said Sassafras and Debtℯ to make vpp the said bonds wth interest the Adventurers have prom- ised to make good.

The sassafras to be weighed at a moneths end and ye monny to be paide

Itt is allso moved that Iohn De Clark shall have order to sell ye Mag- azine Tobacco att 5s flemish that is to say 30 stivers and not vnder butt is to take his best markett for advanceinge the said price as much as he cann.

Io De Clark to sell ye Maga: Tobacco

Mr Alderman Iohnson, and mr Essington, made complainte against Capt: Bargraue for haveinge much abused them in his sute of Chaun- cery against them and signified that hee refused last Tearme to come to tryall whervppon they had made a moc̃on against him and hoped in the Courte of Chauncery to obteyne a good end att the next Tearme requiringe the consent of the Adventurers thervnto and for allowance of Charges of the sute vppon the Magazine Accompt for whose bene- fitt they sued; The Adventurers Counsell was that since hee refused to p̳ceed they should seeke to have itt dismissed in ye Chauncery and take their course att Common Law against Captaine Bargrave and for allowance of charges they would vppon clearinge of ye matter doe accordinge to iustice and equitie.

mr Alderman Iohnsons & mr Es- singtons Com: against Captaine Bargraue.

Memor̃: that the Magazine standeth indebted to Martinℯ Hundred for 8 Cowes sould there att 15li p̱ Cowe. [265]

Magazine indebt- ed for 8 Cowes to Martinℯ Hundred.

A Courte helde yli 15th: of October 1621

Sr Iohn Dauers. mr Steward. mr Widdowes.
Sr Phillip Cary. mr Palavicine. mr Baynam.
Sr Hugh Wirrall. mr Bland. mr Sewarde.
mr Deputy. mr Berblock. mr Rogers.
mr Gibbs. mr Barbor. mr Palmer.
Doctor Anthony. mr Edwardℯ. mr Lambe.
mr Robert Smith. mr Bennett. mr Morrice.
mr Shepparde. mr Ayres. mr Hickforde.
mr Nicho: Ferrar. mr Wiseman. mr Iadwine.
Capt Bargraue. mr Casewell. mr Webb.
mr Bynge. mr Barnarde. mr Bull.
mr Meuerell. mr Bolton. mr Whitley.
mr Berkeley. mr Atkins. mr Georg Smith.
mr Swinhow. mr Caninge.
mr Cuffe.
mr Robertℯ wth others.

Mr Deputy signified yt the occasion of callinge this Courte was to acquainte them that accordinge to a message receaved from the LLs: of the Counsell some of the Virginia Company had appeared before their Lops: the 12th of this present monneth, vnto whome the LLs: declared yt itt was complayned vnto that Boord yt this Company had sett vpp a trade att Amsterdam and brought thither all their Comodi- ties from Virginia, they therfore now required to know the Com- panies answere wheither or noe they would bringe all their Comodities into this Kingdom or continue their Trade there att Amsterdam.

A Compɫ: made to ye Lords yt ye Compa: had sett vp a trade at Am- sterdam.

ffor Amsterdam answere was made that they never sent any Comod- ities thither: Butt for such Tobacco as came from Virginia this year they had carryed itt to Middlebrough beinge restrayned by the Kings Proclamac̃on and order of that Table from bringing in any into this Kingdome this Yeare.

yt they neu9 send anie Comodities to Amsterdam but carry such Tobacco to Middlebrough as Cr

And touchinge their LLps proposic̃ons of bringinge all Comodities hither they humbly besought their Lops: they might have some time to call a Courte and they would returne their answere vppon the next Wednesdaie followinge as their Lopps: Comaunded.

for bringinge all their Com̃odities into this Realme they besough their Lopps Cr.

Mr Deputy therfore now desyred this present Court that they would please to take this waighty buisines into their considerac̃on where vppon after much dispute and many reasons given of ye impossibillyty of beinge bound to bringe in all their comodities into England wthout fallinge into very great inconvenyencies they did agree to have these reasons together wth such other as the Counsell yt morninge haveinge mett have thought vppon to be drawne vp into certaine heads against the next wednesday morninge att wch time they would have a Court to p̱vse and p̱fect them. [266]

The inconven- iences that would happen to bring all ther Comodi- ties into this Realme to be drawne into heads.

A Courte helde the 17th of October 1621

mr Deputy. mr Abra: Chamberlin. mr Georg Smith.
mr Gibbes. mr Bland. mr Webb.
mr Ro: Smith. mr Whitley. mr Hackett.
mr Nich: Ferrar. mr Barbor. mr Cuffe.
mr Shepparde. mr Ayres. mr Widdowes.
Captaine Bargraue. mr Palmer. mr Lawrence.
mr Stewarde. mr Bull. mr Bolton.
mr Porter. mr Morgann. mr Berkley.
mr Meuerell. mr Lambe. wth divers others.
mr Hickforde.

Mr Deputy p̢sented vnto the Courte accordinge vnto former direcc̃ons the aunswere wch was to be given to the lls: of the Counsell this after- noone if the Courte did approve therof beinge framed vppon those reasons that ye form9 Courte had sett downe wch were these that followe.

mr Deputy pre- sented to ye Court ye answere wch was to be giuen to ye Lordℯ.

The most Humble amswere of such of ye Virginia Company as could at present be assembled to ye Right Honorable ye Lords of ye Counsell touchinge their Lops: proposition for ye importinge of all goods from Virginia into England.

May it please yor Honors.

They will take itt as a most singular favor yt they may enioy their former lib- erty for bringinge their Comodities into England and transportinge them els- where; Butt to be bound to bringe in all their Comodities and to pay Custome here for all (howesoever markettℯ rule abrode) in that they humble desire to be p̱doned and most earnesttly beseech yor Lops: they may not be compelled for these subsequent reasons and divers other waightie consideracons.

The Compa: an- swere

ffor the rest they humbly beseech Yor Lops: to beleive that they affect no for raigne Trades with any neighbour nation more then in case of necessitie and for the better susteyninge and advancement of the Coloney: Butt shall always endeavor such a mutuall trade between Englande and Virginia as shall stand with the honor and benefitt of both: And soe humbly desire yor Lordships to conceive of them, that next Godℯ Glory they cheifly ayme att the good of this Kingdome the advancement of his Mats honor and speedy encrease of his higness profitt and revennue.

ffor wch ends they have out of their owne pryvate states (besides their labor and time) expended aboue one hundred Thousand poundℯ withoutt returne either of profitt or of any p̱t of the principall it selfe to any one of the [268] Adventurors to their knowledge, and yett doubt not but by Gods blessinge his Mats: accustomed gracious favour and yor Lops fau Honorable furtherance in short time to bringe this great worke to a good p̱fecc̃on.

This Answere beinge reade and throughly debated the Court did well approve of and ther vppon desyred some of the Company would be pleased to accompany mr Deputy to p̢sent itt to their ll͠ps: as the Acte of the Company.

The Answere ap- proued of.

At a Courte helde ye 22th October 1621.

Sr Phillip Cary. mr Ayres. mr Mellinge.
mr Deputy. mr Swinhoe. mr George Smith.
mr Gibbes. mr Wyddowes. mr Penistone.
mr Nich: Ferrar. mr Baynam. mr Newporte.
mr Shepparde. mr Bland. mr Cuffe.
Captaine Bargraue. mr Lawarance. mr Wyndhame.
mr Stewarde. mr Bull. mr Webb.
mr Berblock. mr Palmer. Wth Divers others.
mr Tomlynℯ. mr Barkham.
mr Whitley. mr Casewell.

Mr Deputy signified vnto this Court that hee had p̢sented the Com panies aunswere vnto the Lords of his Mats pryvy Counsell wch beinge read they were willinge to dep̱te and after beinge called in againe their llps seemed not to be sattisfied therwth butt told them that they did not intend they should give aunswere touchinge the bringinge in all their Comodities butt onely that of Tobacco wherby the Kings last §yearℯ§ revennue might be still vphelde.

mr Deputy signi- fied yt ye ll͠s: seemed not sattisfied wth their Answere.

And therfore required them on Wednesday next to returne their answere wheither they would bringe in all their Tobacco into England or none att all, or otherwise to accomodate the buisiness wth mr Iacob with whome on ffryday last some of the Company haveinge had con- ference mr Iacob signified vnto them that hee had no proiect wherby to accomodate the buisiness butt onely by way of advise and Counsell p̱swaded them to bringe in all their Tobacco as moste for their good mr Deputy therfore desyred that this Courte would take itt into their Considerac̃ons what answer they would give to their llps: against Wednesday next.

Their aunswere to be returnd againe Cr.

Whervppon some reasons were p̳pounded and considered of wch beinge well approved were appoynted to be drawne vp againste wednesday followinge in the morninge, when itt was desyred the Courte would meet againe to consider of them. [269]

some reasons pro- pounded & ap- poynted to be drawne.

At a Courte helde ye 24th: October 1621.

mr Deputy. mr Abra: Chamberlyne. mr Widdowes.
mr Gibbs. mr Berblock. mr Baynam.
Docto: Winstone. mr Blande. mr Bolton.
mr Robert Smith. mr Bull. mr Meuerell.
mr Iohn Smith. mr Bennett. mr Morewoode.
mr Nich: Ferrar. mr Ayres. mr Lambe.
Captaine Bargraue. mr Wiseman. mr Georg Smith.
mr Tomlynis. mr Darnelly. mr Robertℯ.
mr Stewarde. mr Caswell. mr Webb.
mr Rogers. mr Couell. mr Fogge.
mr Edwards. mr Barbor. Wth Divers Others.

The aunswere of the Virginia Company to the Right honorable the ll͠s of his Mats: pryvy Counsell touchinge their ll͠ps: proposic̃ons for ye bringinge in or not bringinge in of all their Tobacco from Virginia into England beinge now p̢sented to be read and taken into due con siderac̃on was well approved of and ordered to be p̢sented to the ll͠s: that afternoone in the name of the Company, and divers appoynted to attend mr Deputy aboute the same.

The answere to ye ll͠s: approued & ordered to be pre- sented Cr

.

The moste humble aunswere of the Virginia Company to the Right Honobl͠: the Lords of his Mats: most honobl͠: pryvy Counsell.

May it please yor Lop̃s: They have accordinge to yor llps: order given mr Iacob a meetinge but could not from him vnderstand any possible means of accomodac̃on butt such as would breed the vtter ruyne and ouerthrowe of ye Planta- c̃on to wch out of their bounden duety to god and his Maty: they may not agree. ffor their p̱ts they made offer to deliuer him all their Tobacco belonginge to themselves here att home for goods sent here- tofore and this last yeares ∥wch they conceaue may amount to fifty thowsand weight this yeare∥ if hee would give him good security to

The Companies answere to the Lords touchinge their llps proposi c̃ons

make them butt savers wch hee refused to doe, wherby yor llps may see how great their desires is to give yor honors sattisfacc̃on, And humbly beseech to have free libertie to bringe into England or not to bringe in their Tobacco accordinge as they shall finde itt most advan tagious and benefic̃all vnto the Plantac̃on; By wch liberty they hope to effect those great matters of honor and profitt to his Maty: and this kingdome wch they have p̳mised from Virginia. [270]

Butt if this seeme not convenyentt to yor llps: for his Mats: proffitt (wch they most sincerely affect) rather then be a hinderance of the improvement therof, although to their owne very great preiudice, they will for this yeare restraine themselvs and forbear to bringe in any Tobacco att all from Virginia this yeare ensuinge. 1

An order in council on this matter was passed on the day of this court. List of Records, No. 272, page 150, ante.

Mr Deputy acquainted the Courte that one mr Copeland a Mynister lately returned from the East Indies out of an earnest desire to give some furtherance vnto the Plantac̃on in Virginia had been pleased as well by his owne good example as by p̱swasion to stirr vpp many that came with him in the Ship called the Royall Iames to contribute towardes some good worke to be begunn in Virginia: insomuch that hee hadd p̳cured allredy a matter of some 70ll to be imployed that waie and had allso write frome Cape Bona Speranza to diuers ffactors in the East Indies to moue them to some charitable contribuc̃on there vnto, So as hee hoped they should see verie shortlie his letters would produce some good effect amongst them especially if hee might vnder- stand in what manner they intended to imploy the same. Itt was therfore ordered that a Comittee should be appoynted to treat wth mr Copeland about itt, And for soe much as hee had so well deserved of the Company by his extraordinary care and paynes in this buisiness itt was thought fitt and ordered that hee should be admitted a free Brother of this Company and att the next Quarter Courte itt should be moved that some proporc̃on of Land might be bestowed vppon him in gratiflcac̃on of his worthie endeavors to advance this intended worke, and further itt was thought fitt allso to addmitt him of ∥to∥ the number of some other speciall Benefactors vnto the Plantac̃on whose memoriall is p̢served: 2

For a declaration of the disposition of this money, see List of Records, No. 289, page 152, ante.

The Comittee appoynted to treat with him are these
mr Deputy. mr Abra: Chamberlyne.
mr Gibbs. mr Robertℯ.
mr Nicho: Ferrar. mr Ayres.
mr Bamforde.

70ll procured by mr Copeland Cr.

mr Copeland ad- mitted to be free.

Informac̃on was given that wheras divers noblemen and Gentlemen were still indebted to the Company vppon their subscripc̃ons and in like manner certaine Bishops for monny remayninge in their hands vppon Collecc̃ons an offer was nowe made by one mr Waterhouse a verie sufficient vnderstandinge gentleman for solicitinge the said p̱sonns for payment in of their said monneys if the Company shall please to imploy him in the said buisines and authorise him for the doinge therof. Itt was herevppon agreed that hee should be enter taynd for this imployment provided his demaunds were reasonable and that hee could give the Company good securitie for answeringe the monneys that hee receaved from time to time to be paid into the Com panys Treasury, Touchinge wch the Courte nõiated these Com̃ittees to treat wth him about the same vizd.

mr Waterhouse en- tertayned for Col- lectinge in of sub- scripc̃ons

Sr Iohn Dauers. mr Abraham Chamberlyn.
mr Deputye. mr Rogers.
mr Gibbs. mr Edwardℯ.
mr Tomlyns. mr Robertℯ or any 4. [271]
mr Ayres.

a Comittee to treat wth him

Mr Ayres informed the Court that ther were some men that would willinglie proceed in their Adventure butt haveinge paid in their monneys as maie appeare by their bills yett they found their names lefte out in the printed booke and therfore desyred they might be righted in those defectℯ: The Courte therfore referred this to the examinac̃on of the Auditors vppon whose report they have p̳mised that right shalbe done vnto them to their full sattisfacc̃on.

some lefte out in ye printed Book de- sired to be righted

Mr Deputy signified that itt had pleased God to raise vp means beyonnd their expectac̃on to advance the Plantac̃on in Virginia in that hee had kindled ∥in∥ the mynds of many worthy men a desire still to proceed to the transportinge of great multitudes of people thither to wch end and for their better encourragment hee was to move the Courte that they might ∥haue∥ Patentℯ graunted vnto them in the vsuall forme.

A moc̃on for Pat- entℯ to be graunted to diuers worthy men Cr.

The first Patent was for a gentleman that had deserved singularly well of the Company before hee was a member therof, And since his admittance hee had been att a verie great charge for transportinge of people to Virginia namely mr Bennett who now ioynes himselfe in this buisines wth mr Wiseman, and mr Ayres, and divers other their associates.

A Patent for mr Bennett

A Second Patent hee moved for mr Swayne, mr Barre, mr Conder, and their Associates who vndertakes to transporte 100 p̱sons to Virginia.

A Patent for mr Swaine

A Third Patent was for certaine old and new Adventurers the new beinge to the number of thirteen whose names are these that follow vizd.

Rowland Trueloue. Frauncis Waterhouse. Io: Elkington.
Tobias Cooper. Iames Berkett. Ri: Perry.
Tho: Waterhouse. Iohn Lake. Tho: Ouer.
Iohn Cocks. Wm White. Tobias Iohnson.
Law: Leigh.
who have bought each of them a single Share of Land of ffrauncis Carter beinge p̱cell of 40 Shares formerly assigned vnto him by the Right Honoble͠ the Lady Lawarr, All wch the Court did well approve of and ordered that Pattentℯ should be drawne vpp ready for the Seale against the next Quarter Courte.

A Patent for mr Trueloue

mr Deputy moved the Courte to give order for drawinge vpp Comis- sionns for the Bona Noua, the Discouery, ye Elizabeth and the God- helpe, beinge shortly to goe for Virgina and after that some of them are to p̳ceed on a Fishinge Voyadge. 1

For some of these commissions see List of Records, Nos. 225, 277, 278, pages 145 and 151, ante.

[272]

Comissions Cr.

Itt was allso moved that such as had either people or goods to send to Virginia would forthwith give notice to mr Webb of their names that Shippinge might be provyded for them now that ther be so many good Ships offered to goe vppon the Companies service.

Those yt haue peo ple to send to giue notice to mr Webb.

mr Essington was entreated to p̱fect the Magazine Accompts to the end that such monneys as shalbe due before Christmas might be divided amongst the Adventurers wthout longer delay: which was hoped would prove halfe a Capitall.

mr Essington to perfect yt Maga- zine Acco:

Notice was allso given that ther were certaine sufficient men come out of Ireland ∥who∥ would would vndertake to transporte manny hun- dreds of Cattle to Virginia this Springe vppon the same condic̃ons that mr Gookin had donne; Itt was therfore moved that Southamp- ton Hundred, Martins Hundred Berkleys Hundred, and all other pryvate Plantac̃ons that desyred to have Cattle would be pleased out of hand to give speedy notice what numbers of Cattle they would have wch beinge certainely knowne they might p̱ceed to a further treaty wth the said p̱sonns.

sufficient men com out of Ireland to transporte Cattle Cr.

Mr Chamberlyne recom̃ended vnto the Company one mr Staples a preacher who haveinge a brother in Virginia that had given him good encourragment to come thither was desirous to goe ouer; Whervppon some of Martins Hundred seemed to be willinge to enter- taine him for their hundred.

mr Staples Com- ended bymr Cham- berlyne.

mr Iohn Smith moved that wheras mr William Tracye afore his goinge ouer to Virginia was arrested for 200li principall debt for wch hee putt in bayle wch suite hath since proceeded and bine p̳secuted soe as the said cause was ready for iudgment wherof stay was made vntill some wittnesses might be brought in to certifie of the said mr Tracyes death In respect wherof and for that hee hath receaved informac̃on by ɫres that the said William Tracye dyed in Aprill laste hee desires notice of such as came lately from Virginia that may be ready vppon occa- sion to wittness the death of the said gentleman touchinge wch the Company promised to procure him as many as they could herof.

mr Iohn Smiths desire ye such as came lately from Virginia may ius- tifle ye death of mr Tracye

Vppon the humble Petic̃on of Robert Gaile shewinge yt wheras some 13 years past hee furnished out one Iohn Burroes to Virginia wth monny, Armor, Apparrell, beddinge, Copp̱, Victuall and other neces- saries; And since that time allso hath sent him fewe supplys of what soever the said Burros write to him for. [273]

Direction to be giuen to ye Gou- ernor to cause Iohn Burros to make sattisfacc̃on to Robert Gaile.

In considerac̃on wherof the Petic̃oner was to have the moytie of all profitts made and raysed in Virginia by the Industry of the said Iohn Burros as by his bond now presented to be read might appeare, Itt is therfore accordinge to the peticoners requeste ordered that dyrecc̃on should be given to the Gouernor & Counsell of State in Virginia to call the said Burros before them and to examine him touchinge the p̢mises; And if the information shall appeare to be true, then to compell him the said Burros to make the peticoner due sattisfacc̃on accordinge to equitie and good confydence.

Att a Courte helde ye laste October 1621

Present.
Sr Phillip Cary. mr Blande. mr Sewarde.
Sr Henry Rainsforde. Capt Tucker. mr Meuerell.
Sr Iohn Dauers. mr Palmer. mr Lawrance.
mr Deputy Ferrar. mr Bull. mr Barnarde.
mr Gibbs. mr Barbor. mr Mellinge.
mr Wrote. mr Boothbie. mr Ewer.
mr Gulstone. mr Caswell. mr Newporte.
mr Keightley. mr Baynam. mr Robertℯ.
mr Nicho: Farrar. mr Newland. mr Whitley.
mr Berblock. mr Ayres. With Divers others.
Captaine Bargraue. mr Widdowes.
Capt Rossingham. mr Bennett.
mr Edwardℯ. mr Webb.
mr Gosnolde.

Mr Deputy declared vnto the Courte that hee and those gentlemen appoynted by the last Courte had deliuered vnto the ll͠s of the Coun- sell the Companies aunswer and resolucon ∥to forbeare∥ to bringe in any Tobacco att all for this year followinge which as their ll͠ps for- merly intimated they conceaved would have given them full sattisfac- con; Butt their llps: tearmed itt an vnduetifull answere and com- maunded them on their p̱ills to bringe in all their Tobacco, against wch himselfe and the rest alleadged all the reasons yt were so often in the Courte discussed, of impossibilitie inconvenyency and the supposed [ou] ouerthrowe of the Plantac̃on But their Lops told them that they were not to dispute at that Boorde, and againe gave them an absolute com̃aund to bring in all their Tobacco [274] 1

The handwriting changes at the top of the following page to that of an unidentified copyist, referred to in the "Introduction" as the fourth copyist. See Plate—.

Att this Reporte the Court remained much greiued and conceauinge it a matter of greater importance and difficulty then to admitt any present deliberac̃on espeacially of so fewe they were resolued that the buissines should be reserued entire for the Preparatiue and Quarter Courtℯ to take into their graue considerac̃ons howe the Companie should proceed between two such extreame difficulties as their llps. com̃aund and the vtter dis- hartninge of all both Aduenturers and Planters.

mr Deputy gaue notice of ye Lordℯ Comaund to bringe in all their Tobac- co into England.

Notwithstandinge these apprehended disasters mr Deputy exorted the Companie not to be discouraged for that he hoped God had still a hand in the protecc̃on of Virginia who turned all thingℯ for the best, when diuers former Proiectℯ in their first appearance seemed to tend towardℯ the verie distrucc̃on of the Plantac̃on; and therefore hoped that hauing put their handℯ to the Plough they would not nowe looke back nor be weary of well doeinge for the Acc̃on it selfe was such, as he knewe no man but confessed it to be most Christian honoble and glorious, and of high consequence vnto this com̃onwealth and though they might seeme to some to haue cast their bread vpon the waters; yet after many dayes he doubted not but they should finde it againe, to their great comfort, the rather in reguard their ll͠ps professed to wish the prosperity of the Plantac̃on from whome wee may not de * * * ∥despaire∥ of helpe or redresse vpon further informac̃on.

Mr Deputy further declared that albeit the Companies Stocke beinge well nighe exhausted was able to doe but litle this present yeare for sendinge of people to Virginia, yet it pleased God to stirr vp so many worthie mindℯ for the aduancemt of this noble Acc̃on, as there was no lesse wthin the space of these 5 6 §six§ Moneths then 20: Sayle with those already gonn and that would after Christmas (by Godℯ assistance) sett out for the Plantac̃ons, whereby aboue 1000 p̱sons wilbe transported, whereof neare 900 went vpon priuate mens charges, And as at home so abroad likewise euen from Cape Bona Speranza God had raised vp many benefactors towardℯ this good worke, inso- much as the Companie of gentlemen and Marriners that lately came home from the Indies in the Royall Iames had giuen a contribuc̃on of 70li towardℯ the buildinge of a Church or Schoole in Virginia besidℯ a probable hope of a further [275] supplie from diuers factories in the East Indies through ye solicitac̃on of a learned Minister (namely mr Copland) by whose good example and p̱swasion they were moued to this pious worke.

Hee also signified that forsomuch as it was referred vnto the Com- panie to determine whither the said money should be imploied towardℯ the buildinge of a Church or a schoole as aforesaid, the Com̃ittee appointed haue had conference with mr Copland about it, and do hold it fitt for many important reasons to imploye the said contribu- c̃on towardℯ the errecc̃on of a publique free schoole in Virginia, towardℯ wch an vnknowne person hath likewise giuen 30li as may appeare by the Report of the said Com̃ittee nowe presented to be read.

At a Meetinge of the Com̃ittee on Thursday §Tuisday§ the 30: Octob: i621 Present

Present
mr Deputy. mr Ayres.
mr Gibbs. mr Nich: ffarrar.
mr Wrote. mr Robertℯ.

The said Com̃ittee meetinge this Afternoone to treat with mr Cop- land touchinge the dispose of the money giuen by some of the East Indy Companie that came with him in the Royall Iames to be bestowed vpon some good worke for the benifitt of the Plantac̃on in Virginia, the said mr Copland beinge nowe present did deliuer in a note of the names of those that had freely and willingly contributed their moneyes herevnto, wch money mr Copland said they desired might be imployed towardℯ the buildinge either of a Church or Schoole in Virginia (wch the Companie should thinke fitt). And that although this Som̃e of money was but a smale proporc̃on to p̱forme so great a worke, yet mr Copland said he doubted not, but to p̱swade the East Indy Companie (whome he meant to solicite), to make some Addic̃on therevnto, besidℯ he said that he had very effectually writt (the Coppie of wch letter he shewed and was read) to diuers ffactories in the East Indies to stirr them vp to the like contribuc̃on towardℯ the p̱formance of this pious worke as they had already donne for the buildinge of a Church at Wappinge where by his Report they haue giuen about 400li.

It beinge therefore nowe taken into considerac̃on whither a Church or a Schoole was most necessarie and might nearest agree to the inten- c̃ons of the Donors: It was conceaued that for somuch as each p̱ticu- ler Plantac̃on aswell as the generall either had or ought to haue a Church appropriated vnto them, there was therefore a greater want of a Schoole then of Churches:As also for that it [276] was impos- sible with so smale a proporc̃on to compasse so great a charge as the buildinge of a Church would require, they therefore conceaued it most fitt to resolue for the erectinge of a publique free schoole wch beinge for the educac̃on of Children and groundinge of them in the principles of religion Ciuility of life and humane learninge serued to carry with it the greatest waight and highest consequence vnto the Plantac̃ons as that whereof both Church and com̃onwealth take their originall foun- dac̃on and happie estate, this beinge also like to proue a worke most acceptable vnto the Planters, through want whereof they haue bin hitherto constrained to their great costℯ to send their Children from thence hither to be taught.

Secondly it was thought fitt that this schoole should be placed in one of the fower Citties and they conceaued that Charles Citty, of the fower did affoord the most convenient place for that purpose as well in respect it matcheth with the best in holesomnes of Aire, as also for the comodious scituac̃on thereof, beinge not farr distant from Henrico and other perticuler Plantac̃ons.

It was also thought fitt that in honor of the East Indy Benefactors, the same should be called the East Indy Schoole who shall haue pre- cedence before any other to preferr their Children thither to be brought vp in the rudimentℯ of learninge; It was also thought fitt that this as a Collegiate or free schoole should haue dependance vpon the Colledge in Virginia wch should be made capable to receaue Schollers from the Shoole into such Scollershipps and fellowshipps as the said Colledge shalbe endowed withall for the aduancement of schollers as they arise by degres and deserts in learninge.

That for the better mayntenance of the Scholemr and Vsher intended there to be placed it was thought fitt that it should be moued at the next Quarter Cort that 1000 acres of land should be allotted vnto the said Scolle, and that 5 p̱sons besidℯ an ouerseer of them should be forthwith ∥sent∥ vpon this charg in the condic̃on of Apprentices to manure and cultiuate the said land, and that ouer and aboue this allowance of land and Tenantℯ vnto the Schoolemr, such as sent their Children to this Schoole should giue some benevolence vnto the scoolemr for the better encrease of his mayntenance

That it should be speacially recomended to the Gouernor to take care that the Planters there be stirred vp to put their helpinge handℯ towardℯ the speedy buildinge of the said Schoole in respect [277] their Children are like to receaue the greatest benifitt thereby in their educac̃on: And to let them knowe that those that exceed others in their bounty and Assistance herevnto shalbe priuiledged with the preferment of their Children to the said Schoole before others that shalbe found lesse worthie.

It is likewise thought fitt that a good Schoolemr be prouided forthwith to be sent vnto this Scoole.

It was also informed by a gentleman of this Com̃ittee that he knewe one that desired not to be named that would bestowe 30li to be added to the former Some of 70li to make it vp 100li towardℯ the buildinge of the said schoole: This report beinge read was well approued of and thought fitt to be referred for confirmac̃on to the next Quartr Court.

Mr Copland beinge formerly entreated to knowe what acquittance mr Landman did desire for payment of the said 70li left in his hands to be deliuered to this Companie did nowe report that mr Lanman said he would take his direcc̃on herein from the East Indy Compã at their next meetinge, Notwithstandinge it was thought fitt, that offer should be made to mr Lanman to secure them §him§ vnder the Coun- sells seale for payment of the said money to mr Deputy.

Mr Wrote in discharge of his former promise did nowe give an Account vnto the Court what he had donn for findinge out to whose handℯ the Collecc̃on gathered money ∥gathered∥ in Norff. and Suff. was paid whereof he said he was promised a p̱ticuler so as he shalbe able to let them knowe verie shortly where and in whose handℯ the said Money resteth and well doe his best endeauor to solicite that it may be paid in: And therefore did entreat those gentlemen that did vndertake for solicitinge the rest of the Bishopps for moneyes remayninge in their handℯ vpon collecc̃ons would nowe be pleased to giue an Account vnto the Companie of what they had donn therein.

Vpon the humble petic̃on of mr Anthony Gosnold gentleman it is agreed and ordered first that he shall haue two shares of land in Virginia, due vnto him for the aduenture of 25li in money paid into the Treasury to Sr Thomas Smith as by his bill nowe shewed by him in Court ∥vnder the Companies Seale∥ though it were not sett downe in the printed booke vnder the Companies Seale may appeare And secondly that he shall haue one share of land more wch of right also belongeth vnto him for his p̱sonall Aduenture to Virginia some 16 yeares since vpon his owne charge. [278]

Thirdly whereas the said mr Gosnold alledgeth he had two kinsemen that died longe since seized of land in Virginia who by their last will gaue him their said land: It is likewise ordered that it shalbe recom̃- ended to the Gouernor to take order that upon due proufe made thereof, he do him iustice, lastly touchinge the merritt of his p̱son in reguard of his longe and hard seruice for many yeares together in the condic̃on of a Servant, notwithstandinge he ought to haue bin free: The Court hath referred him to the Com̃ittee appointed for reward- inge men vpon their good deservingℯ.

It beinge likewise moued that for somuch as diuers worthie gent̃ desired to be mr Gosnoldℯ Associatℯ intendinge at their owne charge to trans- port 100 p̱sons to Virginia there to plant and inhabite that therefore the said mr Gosnold might haue a Patent for p̱ticuler Plantac̃on wch was accordingly graunted and ordered to be drawne vp against the next Quarter Court.

Vpon the request yt the said mr Gosnold might passe ouer two of his Shares formerly allowed vpon his Bill of Aduenture the one to his Brother Robert Gosnold esquire the other to mr Roger Castle of Ramingham in Norff gent̃: The Court did well approue of thereof and confirmed vnto each of them a single share as aforesaid.

Mr Caswell moued that forsomuch as himselfe and some others of the Com̃ittee stood bound for the freight of the Bona Noua that the Com- panie would please by order of this Court to giue warrant to mr Bull for payment of 300li in discharge of the said Bond, wch the Court did generally agree vnto and ordered that a warrant vnto mr Bull should be drawne for payment thereof accordingly neuertheles vpon mr Bullℯ moc̃on it was also ordered and prouided that if in case so much should not be found due vnto the Companie vpon the p̱fectinge of the Accountℯ that then the Ouerplus should be repaide againe vnto mr Bull.

Mr Woodall stood suspended by order of a Court the 18: Iuly i620 from cominge to Courtℯ till the Quarter Court followinge to wch he was referred for censure, for that he had mistermed the printed Publication and rashly spoken against Sr Edwin Sandys for somuch as he did nowe humbly acknowledge his said fault and shewed him- selfe so exceedinge penitent and scornfull ∥sorrowfull∥ for the same and wthall desired pardon of this Court The Companie seemed to like well of this his acknowledgment and submission. [279]

Mr Deputy informed the Companie of the great paines that mr Bon- nell the ffrenchman, Mr of the Kingℯ Silkwormes at Oatland had taken in peñinge a Treatise in ffrench concerninge the orderinge of Silkwormes and makinge of Silke, wch treatise for that it might be of speciall vse vnto the Planters in Virginia, he therefore moued this Court would please to recom̃end it, to some to translate it into Eng- lish and afterward that it might be p̱vsed and beinge approued it might be printed, wch the Court assented vnto, and praid mr Deputy to see it donne, and that a good number of the said Bookℯ might be sent vnto the Colony in Virginia by the next Shippe that goes.

Capt 1

Written over mr.

Henry ffortescue Vncle and Administrator of the goodℯ and Chattells of Symond ffortescue who died intestate at Sea at his returne for England from Virginia, moued, that forsomuch as he cannot him- selfe goe to Virginia to recouer such landℯ goodℯ and Debtℯ: as are due vnto the said Symond ffortescue deceased whereof Sr George Yeard- ley stands indebted 250li that it would therefore please this Honoble Court to write to the Gouernor to informe himselfe of the p̱sonall estate of the said Symond ffortescue and to afford his Kindred and frendℯ all lawfull fauor and Assistance for recouery of the said ffor- tescues landℯ goodℯ and Debtℯ The Court conceaued this moc̃on to be verie reasonable and therefore ordered that direcc̃on shalbe giuen to the Gouernor of Virginia to take such order in the premises as may be most agreeable to equity and good conscience.

Elizabeth Smalley Widdowe hauinge petic̃oned to the Kinge against Captaine Argall pretendinge that he deteyned certaine goodℯ from her to the value of 500li, and beinge referred by his Matie to his High- nes Counsell for Virginia did nowe petic̃on to the Companie to take hearinge of the said cause accordinge to his Mats Referrence, where- vpon the Counsell agreed to meete vpon friday followinge in the Afternoone about two of the Clocke at mr ffarrars howse against wch time order is nowe giuen for warninge both the said Widdowe Smalley and Capt: Argall to make their appearance as also all such Wittnesses as could be p̳duced on the behalfe of the said Complaynant. [280]

Mrs Allice Bohune Widdowe late wife of Dor Bohuñe petic̃oned vnto the Companie that forsomuch §as§ her said Husband in his life time was at great charge as shee supposeth for the prouidinge furnishinge and transportinge of Servantℯ into Virginia that the Companie would please to allowe her some Annuall contribuc̃on as also to release and free her sonne Edwards Barnes from his seauen yeares seruice where- vnto he is tyed contrary to his meaninge and her expectac̃on: But answeare was made that shee was misinformed for that the Companie and not Dor Bohune were at all the said cost and charges and for that her sonn was the Companies Servaunt, he was to serue out his yeares and might not be sett at liberty.

Vpon the humble request of mr Rider that mr Ro: Taylor whome he reported to be a gentleman of good quality nowe in Virginia might be sett at liberty and made free: The Court is pleased to graunt him his freedome, vpon condic̃on he paye the Companie for the charge of his passage and whatsoeuer other charge they haue bin at for his beinge there.

Mr Robert Staples a Minister com̃ended much by mr Abraham Cham- berlen and by Certificate from many Diuines resident in this Citty reportinge him to be of honest conversac̃on and a good Scholler: beinge desirous to goe to Virginia did nowe make request, that the Companie would please to entertaine him for their Minister there.

But the Companie wantinge meanes to furnish him out did moue that some of the p̱ticuler Plantac̃ons would imploy him:

Wherevpon mr Darnelly signified that he thought that they of Mar- tins Hundred wanted a Minister to whome he was recomended. [281]

At a Court held for Virginia the 14th of Nouember i621

Present
Lo: Cauendish.
Lo: Padgett.
Lo: Haughton.
Sr Sam: Sandys. Sr Fran: Egiocke.
Sr Io: Dãuers. Sr Io: Bingly.
Sr Phill: Carey. Sr Hen: Maynwaringe.
Sr Wm: Hericke.

mr Edw: Spencer mr Deputy mr Gibbs, mr Wrote, mr Steward mr Tomlins mr Binge mr Ro: Smith, mr Kightley, mr Christofer Earle mr Iohn Smith, Capt: Bargraue mr Rogers, mr Nicho: ffarrar ∥ mr Sheppard ∥ mr Barbor mr Ayres mr Bennett, mr Wiseman mr Couell mr Leuer mr Berblocke mr Barnard mr Caswell mr Dr Lawne mr Swinho mr Palmer mr Edwards, mr Widdowes mr Baynham mr Mellinge mr Robertℯ mr Elkin mr Bromefeild mr Risely mr Truloue mr Waterhowse mr Cocks, mr Birkett with diuers others.

Mr Deputy acquainted the Companie that at the end of the last Sum̃er Ilands Court held the seauenth of this present Moneth there came a letter vnto his handℯ from an vnknowne person directed vnto him and the rest of the Counsell and Compã for Virginia, wch letter, for that many of the Virginia Compã ∥were then p̱sent∥ he caused to be opened and read, the Contents whereof are as followeth.

A Letter dated the 7o of Nouember i621 directed to mr Deputy ffarrar and to the rest of the Counsell and Companie for Virginia

You shall receaue here enclosed 40s for a sermon to be preached before the Vir- ginia Companie this Michalmas Terme and before the Quarter Court day: The place I leaue to ye Companies appointement, Also I desire that mr Damport may preach the first sermon if the Companie approue hereof: I will if God permit make a perpetuity in this kinde: So beseechinge your good acceptance of this smale mite, as also that you mr Deputy performe yor promise in con- cealinge my name I take my leaue and rest a daylie orator for

Virginia. [282]

This letter beinge read and the Companie then present demaunded on what day they would haue this Sermon preached, it was then agreed to haue it vpon this day before the Virginia Companie and after ser- mon it was also vpon moc̃on agreed to suppe together, mr Gibbs beinge entreated to giue notice hereof to mr Damport accordingly. Nowe forsomuch as it further appeareth by the said Letter that the Author of this Guift hath promised vpon the Companies good acceptance hereof to make a p̱petuity of this kinde, mr Deputy therefore moued that this Court would please to recom̄end it to the next Quarter Court to appoint on what daye hereafter this yearely exercise shalbe p̱formed wch moc̃on the Court did well approue of and accordingly referred it to the iudgement of the Quarter Court to order it, and in the mean time entreated mr Deputy whoe knewe the gentleman to signifie the Companies espeaciall thankℯ vnto him.

Whereas in reguard of the great seruice wch mr Io Pountis hath per- formed in Virginia for the generall good of the Plantation as also in respect of his worth and sufficiency otherwise the Court was pleased the 10th of Iuly last to conferr vpon him the place of Vice admirall prouisionally for one yeare as by his Comission bearinge date the 24th of the same Moneth may appeare and that with a further promise that his Comission. should be recomended to the next Quarter Court to be confirmed it was therefore nowe moued that accordingly his Comis- sion might be then ratified and that in the meanetime the said Office of Vice admirall might be stated with a competent proporc̃on of land and Tenantℯ wch may mainetaine them for the present vntill some other Accrues incident to that office shalbe allotted him. The Court did verie well approue of this moc̃on and praid Sr Io Dauers Sr Phil- lep Carey mr Gibbs, mr Wrote mr Io Smith mr Nicho: ffarrar mr Ber- blocke to meet the next daye at two of the Clocke in the Afternoone to state the said place with such allowances as they shall thinke fitt.

In treatinge of these buissinesses mr Hawes takinge notice of the Com- panies purpose to entertaine mr Iohn Pountis into their seruice moued that whereas certaine priuate men had aduentured the Some of 10 1800li in a ioynt Stocke for transportinge of men and diuers goods for a ffishinge voyage in the yeare i618 ouer wch the said mr Pountis had charge & gouermt moued yt forsomuch as it seemed the Companie intended to imploye the said mr Pountis in their seruice that they would please in considerac̃on hereof §to giue§ the said priuate Aduen- turers send greater p̳porc̃on of land for the 25 men formerly sent ouer [283] As also some considerac̃on for the goodℯ remayninge whereof the Companie might make good vse. Touchinge the first aunsweare was made that the Companie did not conceaue mr Pountis to be any way engaged vnto them but rather had receaued much preiv- dice by their failinge him of their promised Supplies whereby he could effect nothinge for want of meanes, where it did appeare he was so much dishartned as it made him put on a resoluc̃on to come home for England had not the Companie given him some encouragmt to stay by conferringe this place vpon him as also the managinge of some other buissines, As for such goods of thers as yet remayned, It was lawfull and free for them to make their best markettℯ whereby there could be no great losse.

Mr Deputy signified that he was to moue the Court for graunt of three seuerall Patentℯ for perticuler Plantac̃ons vnto such as would vnder- take to transport at their owne charge one hundred p̱sons a peece to Virginia the first for Sr Charles North, the second for mr Crowe, the Third for mr Leninge, wch seuerall Patentℯ the Cort gaue order for drawinge them vp in that vsuall forme against the Quarter Court

Whereas in drawinge vp the Patentℯ for Sr Richard Worsly and his Associatℯ there was a mistake in settinge downe of Anthony Ienings for Abraham it was moued that error might be amended at the next Court wch was graunted.

It was ordered by consent of the Aduenturers of the old magazine that mr Abraham Chamberlen shall take vp as much money here as appeareth by the Account of Iohn De Clarke to be due to the old Magazine and remaine in his handℯ and paye the same ouer to mr Richard Bull that a diuident may be made to the Aduenturers.

The Auditors also of the old Magazine were earnestly entreated to audite the Accounts in mr Essingtoñs handℯ and to giue warrant to mr Richard Bull to paye what shall appeare to be due to euery man, the Brokℯ for non paymentℯ at due times beinge allowed accordinge to the orders of the Magazine vnto wch warrantℯ one of the last yeares auditors at least is appointed to sett his hand.

Mr Churchill Moone of the Middle Temple in London gentleman hau- inge eight shares of land in Virginia allowed by the Auditors did vpon request passe them ouer wth approbac̃on of this Court in manner fol- lowinge vizt: he assigned 4 of them vnto mr Charles Cratford of the midle Temple in London esqr.

Also he assigned 2 to mr Richard Chettle.

And two vnto mr Wm Wheat of the Midle Temple esqr.

ffrauncis Carter also with like approbac̃on of this Cort passed ouer7 shares of land in Virginia p̱cell of 40 shares assigned vnto him by the right Honoble the Lady Lawarr vnto those seauen p̱sons followinge. [284]

To Rob̴t Chettenly gentlẽ
To Iames Woodcocke Marriner
To mr Geo: Butler Clarke
To Isaacke Gold Drap̱ 7 shares.
To Io: Kirby Marchantaylor
To mr Tho: Wilson Clothworker
To mr Geo: Cornish haberdasher

Whereas mr Hawes a free Brother of this Companie hath vndertaken to carry to Virginia diuers passengers as also diuers goodℯ of his owne to trade and barter with the people of the Colony for Com̃odities, he therefore moued that he might haue some license vnder the Companies Seale to be his sufficient warrant for his so doinge wch request the Court thought verie reasonable and ordered that he should haue a Com̃ission to enhable him therevnto.

A Præparatiue Court held for Virginia the Nineteenth of Nouember i621.

Present
mr Deputy. mr Barbor. mr Budge.
mr Gibbs. mr Bland. mr Swinhow.
mr Bromefeild. mr Darnelly. mr Wiseman.
mr Risely. mr Clarke. mr Robertℯ.
mr Smith. mr Ayres. mr Baynham.
mr Steward. Capt: Martin. mr Widdowes.
mr Wrote. mr Casewell. mr Barbor.
mr Nicho: Farrar. mr Iadwin. mr Geo: Smith.
mr Sheppard. mr Shipton. mr Meuerell.
mr Challoner. mr Mellinge. mr Newport.

Vpon readinge of the former Courtℯ mr Deputy acquainted the Com- panie with what the Com̃ittee appointed by the said Court had donn concerninge the Statinge of the Vice admiralls place in Virginia, who in considerac̃on of the quality of the place haue thought fitt that 300 acres of land be allotted vnto the said Office; and that the number of 12 Tenantℯ be placed therevpon for the cultiuatinge thereof and did also thinke fitt that this land should be laid out neare Iames Citty as fittest for the Vice admirallℯ residence in reguard of the first arriuall of Shipps there: mr Deputy therefore moued to knowe the Companies approbac̃on hereof and beinge desired to put it seuerally to the ques- tion, the Court approued of the matter of allowance but differed in opinion in the choise of the place, where this land should be sett out, and that they rather thought fitt it should be com̃ended to the care of the Gouernor to appoint the same. [285]

Forsomuch as mr Io. Pountis was elected Viceadmirall of Virginia by a generall Court held the 10th of Iuly last, and was also authorised by Com̃ission to execute the said Office prouisionally for one yeare vntill the said Com̃ission might be further confirmed vnto him by the next Quarter Court; mr Deputy therefore moued to knowe the Companies pleasure herein for his longer continuance: Whereupon the Court agreed both in reguard of his sufficiency and generall good report and esteeme amonge the Planters, as also in reward of his seruice and carefull endeauors to aduance the publique, that this Com̃ission should be continued for three yeares and therefore referred it to the Quarter Court for confirmac̃on.

Whereas the Com̃ittee appointed to treat with mr Copland about the buildinge of the East India Church or Schoole, in Virginia towards wch a Contribuc̃on of 70li was freely giuen by some of the East Indy Company that came home in the Royall Iames did nowe make report what speciall reasons moued them to resolue for the bestowinge that money towardℯ the erectinge of a Schoole rather then a Church wch report is at large sett downe at a Court held the last of October: And further that they had allotted 1000 acres of land and fiue Apprentices besidℯ an Ouerseer to manure it, besidℯ that beneuolence that is hoped wilbe giuen by each man that sendℯ his Children thither to be taught for the Schoolemr mayntenance in his first begiñinge: with ∥wch∥ allow- ance of land and Tenantℯ beinge put to the question was well aproued of and referred for confirmac̃on to the Quarter Court Prouided that in the establishment hereof the Companie reserue vnto themselues power to make lawes and orders for the better gouerment of the said Schoole and the Revenues and proffittℯ that shall therevnto belong.

It was further moued that in respect mr Copland Minister hath bin a chiefe cause of procuringe this former contribuc̃on to be giuen by the aforesaid Companie and had also writt diuers Letters to many ffacto- ries in the Eart Indies to moue them to follow their good example for the better aduancemt of this pious worke that therefore the Companie would please to gratifie him with some proporc̃on of land: Where- vpon the Court takinge it into considerac̃on and beinge also informed yt mr Copland was furnishing out certen p̱sons to be transported this present voyage to plant and inhabite vpon such land as should be granted vnto him by the Comp̱anie they were the rather induced to bestowe vpon him an extraordinary gratificac̃on of three Shares of land old Aduenture wch is 300 acres vpon a first diuision wth out payinge rent to the Companie referringe the further ratificac̃on of the said guift to the Quarter Court as also his admittance of beinge a free Brother of this Company.

Whereas diuers Patentℯ formerly appointed to be engrossed were nowe presented to be read: It was thought fitt in reguard the after- noone was farr spent to reserue the readinge of them till the next Wedensday morninge at wch time it is agreed the Quarter Court shall beginn. [286]

Mr Deputy moued for order to drawe vp certen Com̃issions for diuers Shipps that intended to goe for ffish and trade after they had deliu- ered their Passengers and goodℯ in Virginia: Wherevpon order was giuen to prepare the said Com̃issions ready against the next Quarter Court.

Mr Waterhouse presented vnto the considerac̃on of this Court certen Propositions for the better p̱formance of the seruice he was to vnder- take for collectinge the moneys due from Noble men and gentlemen vpon subscription: The Court conceaued them to be verie reasonable saue in the matter of allowance for his paines, for wch they rather desired mr Waterhowse would stand to their curteousie wth wch he was contented, So that he might out of his Receipts from time to time be p̱mitted to take allowance for defrayinge of necessary charges for himselfe his man and two horses, wch the Companie assented vnto so that his said Charge exceeded not 50s a weeke, and that accordinge to his promise he doe present his Account a weeke before euery Quarter Court and giue Security of 500li, for such money as shall come to his handℯ in the interim. And also that he take his direc c̃ons for the better managinge of the buissines from the Companie, and acquainte them from time to time into what partℯ he will bend his course to solicite in this buissines.

It was moued that whereas many billℯ of Aduenture were from time to time presented to the Court wch were found to be om̃itted in the printed publicac̃on that here after a booke of purpose might be kept to register the said names alphabettically for the ready findinge of them vpon any occasions wch moc̃on was well approued of and order giuen to the Secretary to see it donne vnto whome all such billℯ are to be presented that he may take the better notice of them.

It was also moued that such shares as were passed ouer from one from another might be registred alphabettically in a booke wch was also well approued.

It was further moued that whereas since the printed publicac̃on many orders were established in Quarter Courtℯ that did binde the Com- panie no lesse then the standinge lawes themselues that therefore the aforesaid Corts might be carefully p̱vsed and Colleec̃on made of all such bindinge orders wch being further ratified might be added to the rest of the lawes in the printed booke. [287]

It beinge signified that mr Essington beinge made acquainted with the order of the last Court held the 4th of this present Moneth touch- inge the auditinge of the Accountℯ remayninge in his handℯ and the makinge of warrantℯ to mr Richard Bull to paye what shall appeare to be due to euery man, (the brokℯ for non paymentℯ at due times beinge allowed accordinge to the orders of the Magazine) wch order for that it was not somewhat doubtfull and not clearely expressed in this last order of Court, he desired the same might be so farr explained as the time may be p̱emtorily sett downe when the brokℯ shall begin: Wherefore it was agreed that accordinge to the said former order the Brokℯ vpon defalt of the first payment shall beginn at Bartholmewe tyde, and for default of the other paymentℯ appointed to be made in Easter and Mich̴as Termes the allowance for brokℯ shall begin at the end of those Termes and so forward till this present daye and to ruñ at 20 p Centum whereof the Auditors were desired to take notice and to proceed accordingly.

Captaine Martin ∥hauinge∥ petic̃oned to the Court for redresse of certaine greivances whereof he complained was admonished that if he would willingly surrender his Patent wch had so often been ques- tioned and complained of both here and by the Counsell in Virginia in reguard of the vnlawfull priuiledges passed therein directly repug- nant to the standinge lawes of the Companie since that time made (wch requires all graunt of landℯ to be made with equall fauor except the differency of rent) that then he should not only haue a newe Patent as large as any but further the Companie would be ready to affoord him, all the fauor, and Assistance that in reason or iustice he could expect, notwithstandinge this admonic̃on Capt Martin refused to surrender his said Patent, and said he would exhibite his petic̃on vnto the next Court and stand to the iudgement and censure of that Honoble: Assembly touchinge the priuiledges of his said Patent. [288]

At a Generall Quarter Court ∥held∥ for Virginia on Wedensday in the forenoone the 21 of Nouember i621

Present
mr Deputy. mr Challonr. mr Mellinge.
mr Gibbs. mr Barbor. mr Bennett.
mr Wrote. mr Bland. mr Wiseman.
mr Shippard. mr Ayres. mr Baynham.
mr Nicho: ffarrar. mr Caswell. mr Widdowes.
With diuers others.

It beinge formerly ordered by the preparatiue Court that in reguard of many buissinesses that were to be dispatched this Daye the Court should begin in the forenoon to examine such Patentℯ as were appointed to be made ready against this Court as also such Com̃is- sions as were to be graunted to mrs of Shipps to ffish and trade, the said Patentℯ and also the Draftℯ of the Comissions beinge nowe pre- sented to this Court were read and §after examinac̃on beinge put to ye question were§ well approued of.

The Patentℯ were these vizt.
Patent to
Arthur Swaine xc for plantinge of 100 p̱sons
Rowland Truloue xc for 100
Iohn Crowe xc 100 Aduenturers
mr Edw: Ryder 100
mr Symond Leeke 100
Daniell Gookin 300
mr Edw: Bennett 100 Planters
Sr Charles North 100
mr Leninge 100

The Com̃issions granted for ffishing Cr trade were these vizt 1

Three of these commissions, bearing this date, are mentioned in List of Records, Nos. 276–278, page 151, ante.

Io: Huddleston mr of the Bona Noua of 200 tuñ
Tho: Smith mr of the Hopewell of of 60 tuñ
Daniell Gale mr of the Darlinge of 40 tuñ
Capt. Tho: Iones mr of the Discouery of 60 tuñ

Whereas it appeareth by the printed booke of names of the Aduen- turors that one Io: Clapham paid 25li into the Treasury who lately died intestate. It was therefore moued this Court would please to confirme the said two shares of §land§ vnto mr 2

A blank space in the manuscript.

Clapham being his next heire, But in respect no Billℯ of Aduenture could be showen to proue the deceased Clapham to be that Io Clapham menc̃oned in this printed booke the Court remained in some doubt least he was not the same man and therefore haue respited the graunt of the said Shares till his claime appeare to be iust by some clearer evidence. [289]

At a Generall Quarter held on Wedensday in the Afternoone for Virginia the 2i of Nouemb: i621

Present
Sr Io: Dãuers. Dor Anthony.
mr Deputy. mr Io: Smith.
mrGibbℯ. mr Shippard.
mr Wrote. mr Nicho: ffarrar.
mr Challoner.

mr Bromefeild mr Lent mr Steward mr Porter mr Binge Capt Bar- graue mr Paulavicine mr Barbor Capt: Martin, mr Bull mr Couell mr Leuer mr Rogers mr Ayres mr Wiseman mr Copland mr Whitly mr Caninge mr Swinhowe mr Baynham mr Baron mr Mellinge mr Hack- ett mr Robertℯ mr Meuerell mr Lawrence mr Morewood mr Sparrowe mr Berblocke mr Hawes mr Trueloue mr Seaward, mr Bolton mr Peake mr Rider mr Phesie mr Viner mr Widdowes mr Ditchfeild mr Heck- ford mr Ley mr Waterhowse mr Newport with diuers others

Vpon readinge of the former Quarter Court holden for Virginia the i3th of Iune last, some thingℯ beinge obserued to haue been com̃ended to the care of seuerall Com̃ittees who could not well meet because the buissinesses were appointed in the longe vacac̃on when most gentle- men were out of Towne it was therefore nowe againe propounded and desired that the same Com̃ittee would please to take those matters againe into their considerac̃ons namely the Comittee appointed for drawinge vp the Bill to be preferred to this present Parliament to moue that howse that the poorer sort of people that encrease in mul- titudℯ and swarme in all places of the Kingdome might be sent to Virginia at the com̃on charge of the p̱ishes where they liue and where they are exceedinge burdensome the Com̃ittee nominated were these vizt

Sr Dudly Diggs.
Sr Edwin Sandys.
Sr Iohn Dãuers. [290]

And whereas it was then thought fitt and desired that a publiq̢ Decla- rac̃on might be made as well to the Companie of London as to all other Citties and Townes of this Kingdome that haue aduentured any Som̃es of mony towardℯ the Plantac̃on in Virginia to let them knowe what proporc̃ons of land belongℯ vnto them in respect of their said Aduen- tures and what proffittℯ they may make thereof by plantinge good and staple Comodities, as also what the perticuler charge of transportinge people and prouisions thither wilbe vnto them It beinge formerly referred to a select Com̃ittee vizt.

Sr Edwin Sandys. mr Wrote.
Sr Io: Dãuers. mr Cranmer.
mr Deputy ffarrar. mr Berblocke.
mr Io: Smith. mr Secrẽ Dauison.
mr Gibbs.

They are nowe againe entreated to take some paines in drawinge vp of the said Publicac̃on that such as haue bin Aduenturers may be stirred vp to plant their land, wchwilbe to the great aduancement of the generall Plantac̃on aswell as their owne priuate benifitt.

Mr Deputy signified that the Auditors accordinge to the order of the Quarter Court in Iune last had made a true and perfect Account of all such som̃es of money as haue bin receaued by the benifitt of the Runinge Lotteries, and had also in the said Accountℯ declared the vses wherevpon the said moneyes haue bin expended from time to time for the aduancement of the Plantac̃on, wch Accountℯ they had accordinge to the direcc̃on of the said Court presented in all humble Duetie and thankefullnes vnto his Matie. The whole Court Som̃e of wch Account amounted to about 29000li as may appeare, though it was by diuers reported to haue bin a farr greater Som̃e.

Hee further signified that mr Barbor hauinge had his Accountℯ p̱ticu- lerly examined by the Auditors touchinge his receiptℯ by the said Lot- teries who audited the same the last Terme and allowed thereof for wch he was then to haue had his Quietus est, mr Deputy therefore moued that he might nowe haue it at this Quarter Court, but mr Barbor rather desired that his Quietus est might be respited till the next Quarter Court and that in the meane while his bookℯ of Accountℯ might euery Cort day be brought in and laid vpon the Table to be veiwed and p̱vsed and excepted against if any error could be found, but if no exception in the meane while could be taken thereat he praid he might then haue his Quietus est.

Whereas the Companie had formerly contracted with Captaine Norton for settinge vp of a glasse furnace in Virginia to make glasse and beadℯ (as by the p̱ticulers of the said Contract more at large may appeare) It was nowe declared that for somuch as the Charge of fur- nishinge out the said Capt Norton (when it came to be p̱ticulerly examined) did farr exceed that proporc̃on wch he had before proposed to the Companie insomuch as the Com̃on Stocke beinge altogether exhausted was no way able to p̱forme the same, So that this great worke whereof the Companie had conceaued so good a hope was like to haue fallen to nothinge for want of sufficient meanes [291] to goe forward with it, for wch cause the Company hauinge giuen it ouer it pleased certen priuate Aduenturers to vphold the same and therevpon entertayned the bargaine made with Capt: Norton and the Italians vpon like condic̃ons as the Companie had Donn, and yet beinge unwil- linge to exclude ye Companie from a buissines so much concerninge them they did agree they should ioyne wth them in a fourth p̱t of ye Charge and so p̱take a 4th of ye benefitt that should any waies accrue thereby In considerac̃on whereof as also for their better encouragemt the said Aduenturers moued that the Companie would please to bestowe amongst them all the landℯ that should be due for transpor- tac̃on of people sent thither to be imployed vpon the said worke, wch moc̃on the Court conceaued to be verie reasonable and fitt to be graunted in respect of the great charge they haue and must still be at in prosecuc̃on thereof, beinge therefore put to the question the Court confirmed the same vnto them.

Mr Deputy signified that whereas it pleased the Companie to rest the exhibiting of his Accountℯ till this Quarter Court in respect that moneyes were not then ready to discharge those debtℯ wch he and some others stood engaged for for many kindℯ of prouisions taken vp for the vse and seruice of the Company yet hauinge nowe satisfied a good p̱t of the said Debtℯ (so as there remayned onely but 100li for the Companie to paye) he thought good to present his Account as it was though not fully perfited that they might be acquainted with the State thereof and so leaue it to their pleasure for the auditinge of it, but the Court conceaued it more convenient to respit the same till the next Quartr Court, hopinge by that time sufficient meanes would come in to the full finishing of his Account.

Concerninge Sr Edwin Sandys Account mr Deputy signified that he would err longe be here himselfe to present the same vnto them, when he doubted §not§ but he would giue the Companie good satisfacc̃on.

The Com̃ittee appointed by the former Court hauinge taken into con- siderac̃on what proporc̃on of allowance they conceaued to be neces- sarie for the present support and mayntenance of a Vice admirall in Virginia whereof they conceaued there was a verie great necessity and that the want of such an Officer haue bin no smale losse and preiudice vnto the Companies Shipps and prouisions and other pub- lique seruice haue thought fitt in respect of the quality of the place to state the same wth 300 acres of land and the number of 12 Tenantℯ to be placed therevpon for the plantinge and cultiuatinge thereof wch allowances were thought verie reasonable and therevpon beinge put to the question were ratified and confirmed.

And for somuch as mr Io: Pountis was espeacially recomended for the said place of Vice admirall in respect of his sufficiency and continuall reguard of the publique good §&§ of the Companies direcc̃ons (in considerac̃on whereof he was by a former Court chosen to execute the said place by Com̃ission prouisionally for one yeare vntill it might be further confirmed vnto him by order of a Quartr Court) It is therefore nowe agreed and ordered that the said Io: Pountis shall continue in the place of Viceadmirall for three yeares begiñing from the date of these presentℯ. [292]

Whereas there was a contribuc̃on of 70li freely giuen by certaine gen- tlemen and Marriners of the East India Companie yt came home in the Royall Iames wch they desired might be imployed towardℯ the buildinge either of an East Indy Church or Schoole in Virginia at the Choise of the Virginia Companie: Wherevpon it beinge referred to a Com̃ittee and by them taken into considerac̃on they did nowe certifie that many important reasons had moued them to agree in opinion yt the said moneyes were fitt to be imployed for the buildinge of a free Schoole in Virginia wch they likewise thought fitt should be called the East Indy Schoole in honor of the said Benefactors they also signified further that an vnknowne person out of a zealous affecc̃on to aduance so pious a worke had giuen 30li more, both wch Som̃es were nowe brought into the Court and laid vpon the Table It was also further declared in the report of the said Com̃ittee beinge entred at large in the Court held the last of october that they thought fitt for the mayn- tenance of the said Schoolemr and his Vsher to be placed in the said Schoole to allowe no lesse then 1000 acres of land and fiue p̱sons besidℯ and Ouerseer of them wch they thought fitt should be forthwith sent vpon this former charge (in condic̃on of Apprentices) to manure and cultiuate the said lands, wch allowance of land and Servantℯ beinge intended for this as a Collegiate Schoole, the Court conceaued to be verie reasonable and therevpon beinge put to the question were accordingly confirmed.

fforsomuch as it was also informed that mr Copland was a good meanes by his owne example to moue the aforesaid Companie to giue that contribucon of 70li beinge Preacher in the said Shippe and had further allso writt to diuers ffactories in the East Indies to stirr them vp to the like charitable contribuc̃on towardℯ this pious worke: It was there- fore thought fitt and ordered that the said mr Copland by waye of gratificac̃on should haue 3 shares old Aduenture bestowed vpon him as a free guifte and should also be admitted a free Brother of the Company.

It was likewise moued that the Companie would please to adm̃itt mr Balmeford into their Society in respect he had deserued so well by his often attendance at Courtℯ and readynes to doe the Companie seruice, ffor wch cause the Court hath made him free and do intreat his accus- tomed paines and attendance in the seruice of the Companie.

Mr Waterhowse beinge formerly chosen and appointed to collect the moneyes from such as are indebted to the Company vpon subscriptions, hauinge nowe presented his Propositions and agreemts made with the appointed Com̃ittee who thought fitt to allowe him 50s a weeke for his rydinge charges duringe his imployment to be taken out of his receiptℯ from time to time and that a further considerac̃on should be had of his paines and trauell herein, wth wch mr Waterhowse was contented and promised to solicite the Bisps that were behinde gratis: The Court there- fore takinge the said allowances into their considerac̃on did well aproue thereof and beinge put to the question confirmed the same vnto him promisinge to deale liberally with him vpon discharge of that [293] buissines, and further also for his better encouragement in so good a worke as he hath vndertaken they haue admitted him to be a free Brother of the Companie: And touchinge his Comission wch he is to haue under the Companies Seale whereby to authorise him to collect the said moneyes the Court hath referred it to Sr Iohn Dauers assisted with any fower other of the Counsell to drawe the same vp and beinge accordingly engrossed they haue authorized mr Deputy to seale it with the legall Seale.

Intelligence was giuen that my Lord Bp: of Rochester beinge solicited for the moneys remayninge in his handℯ vnto the Companie vpon Collecc̃on made in his lps Diocesse hath paid in the Some of 20li to be imployed towardℯ the buildinge of the Colledge in Virginia.

Whereas Captaine Martin preferred a petic̃on to the Preparatiue Court complayninge of diuers greivances wch he desired the Companie to take into their considerac̃ons, an offer was made vnto him that if he would surrender his old Patent wch had bin so often questioned and complained of both by the Companie here and by the Gouernor and Counsell of State in Virginia in respect of the vnlawfull priuiledges therein; directly contradictinge the standing orders of the Companie wch required all Patentℯ to be made alike wth equall fauor (exceptinge the difference of Rent) vnto all, he should then not only haue a newe Patent in as large and ample manner as any other whatsoeuer but should also haue what further fauor and assistance for redresse of his said greiuances, as the Companie in equity could afford him, notwith- standinge this admonic̃on and faire offer Capt: Martin refused to drawe deliuer vp his said Patent sayinge that he would petic̃on to the Quarter Court touchinge the premisses, and stand to the censure and iudgement thereof Wherevpon the matter beinge nowe againe propounded and a Coppie of his Patent openly read many iust excep- tions were taken thereat in respect it contayned greater im̃unities then the Companie may or can graunt by the Kingℯ Letters Patentℯ, in somuch as the Court thought fitt for their better informac̃on to referr it to a select Com̃ittee to be reveiwed and therevpon did nominate

mr Herbert. mr Iermyn.
mr Brooks. mr Wrote.
mr Earle. mr Nicho: ffarrar.
mr Gibbs.
authorisinge them or any fower of them to meet about the same at mr ffarrars howse when mr Deputy shall appoint and to call Capt: Martin before them and to require a sight of the said Patent and whatsoeuer other writinge that may concerne the same wch they are entreated diligently to p̱vse and examine and to make report of their proceedingℯ together wth their opinions touching the validity thereof at the next Quarter Court. [294]

Mr Deputy gaue notice of nine Patentℯ nowe presented in Court to passe the seale of the Companie hauinge been perticulerly examined by the morningℯ Court wch did approue of them wch Patentℯ were of Two sortℯ the one of such as were Aduenturers by moneys paid into the Treasury for wch they had allowed 100 acres of land for euery sin- gle share of Twelue poundℯ Ten shillings the other beinge for Plan- ters only who had allowed fifty acres for euery person transported to Virginia: Accordinge to wch two formes the said Patentℯ were drawne and accordingly engrossed ready for the Seale being these that followe.

To Arthur Swayne Nathaniell Basse Aduenturers and to their Asso- ciatℯ who vndertake to transport 100 p̱sons to Virginia.

To Rowland Truloue and diuers other Patentees Aduenturers & to their Associatℯ who vndertake to transport 100 p̱sons.

To Iohn Crowe of Newton in the County of Washford in Ireland esquire an Aduenturer who vndertakℯ to transport 100 p̱sons.

To Edw: Rider and his Associatℯ an Aduenturer vndertakinge to transport 100 p̱sons.

To Capt Symon Leeke Planter vndertakℯ xc 100 p̱sons.

To Daniell Gookin of Corke in Ireland Planter xc 300 p̱sons.

To Edw: Bennett Robert Bennet Richard Bennett. Thomas Ayres Thomas Wiseman and Richard Wiseman Planters who vndertaketh for 200 p̱sons.

To Sr Charles North of Wakringham in the County of Nottingham for 100:

To mr Leninge—100

So that the whole number vndertaken by the Aduenturers & Planters to be transported to Virginia comes in all to 1200 p̱sons.

All wch Patentℯ beinge put to the question were confirmed and ordered to be sealed.

Mr Deputy likewise moued signified of 4 Com̃issions appointed for fower mrs of Shipps nowe bound for Virginia for transportac̃on of peo- ple and goodℯ and after for a ffishinge voyage wch Com̃issions were nowe engrossinge for the seale the draftℯ hauinge been examined and approued of by the morningℯ Court vizt

The first Comission was to Iohn Huddlestone mr of the Bona Noua of about 200 Tuñ.

To Tho: Smith mr of the Hopewell of 60 tuñ

To Dan: Gatℯ mr of the Darlinge of 40 tuñ

To Capt: Thom Iones mr of the Discouery of 60 tuñ.

All wch Com̃issions the Court authorised mr Deputy to seale. [295]

Mr Hawes moued that whereas the Companie had graunted a Patent for a p̱ticuler Plantac̃on to Sr Robert Heath then Recorder of London and to his Associatℯ who were not expressely named that therefore the said Patent might be renued and haue their names inserted therein wch request was thought verie reasonable and well assented vnto.

It was also moued and thought fitt that all such as had any shares passed ouer vnto them by order of Court or were otherwise Planters or Associatℯ vnto any such as were Planters or had vpon their priuate charge sent any persons to Virginia, would please within some rea- sonable time to declare themselues vnto the Court that notice might be taken of their names to be registred in a booke for that purpose to be kept whereby they might be admitted to come vnto Courtℯ: It beinge otherwise against the order of the Companie for any to present himselfe in Court before he be admitted.

Whereas the Auditors of the old Magazine were earnestly entreated to audite the Accountℯ in mr Essingtons Handℯ and to giue warrant to mr Richard Bull to pay what shall appeare to be due to euery man the Brokℯ for non paymentℯ at due times beinge allowed accordinge to the orders of the Magazine ffor somuch as it was informed that mr Essington desired some better explanac̃on of the said order touch- ing the times when the said Brokℯ are to take their begiñinge It is found by pervsall of the bookℯ, that it was ordered that the Brokℯ vpon default of the first payment should begin at Bartholmewe tyde, and for default of the other payment appointed to be made in Easter and Mich̴as Termes, the allowance for brokℯ should begin at the end of those Termes, and so forward till this present daye and to ruñ at 20 p̱ Centũ and that the Auditors should be certified of this and desired to proceed accordingly.

Whereas a moc̃on was made in the former Court that for somuch as many Bills of Aduenture were passed presented to the Court from time to time wch were found to be omitted in the Printed Publicac̃on that therefore the bookℯ might be hereafter kept alphabetticallwise conteyninge the names of all such Aduenturrs wch moc̃on was well approued of and order giuen to the Secretary to see it donn vnto whome all such bills are to be deliuered that he may register their names whome it doth concerne.

It beinge further moued in the former Court and referred to the con- siderac̃on of this great Court, that whereas since the printed Publica- c̃on many orders were established in Quarter Courtℯ that did binde the Companie no lesse then the standinge lawes themselues that therefore the aforesaid Courtℯ might be p̱vsed and [296] Collecc̃on made into what part of all such §bindinge§ orders wch beinge further ratified might be added to the rest of the Lawes in the Printed bookes The Court approued well of this Proposition and haue therefore recomended it to the care of a select Com̃ittee to see it donn vizt.

Sr Edwin Sandys. mr Wrote.
Sr Iohn Dãuers. mr Ro: Smith.
mr Deputy. mr Nicho: ffarrar.
mr Gibbs. mr Caswell.

After these thingℯ were thus ordered mr Deputy aduertized the Com- panie that he was to acquaint them with a waightie buissines namely the proceedinge of some former Courtℯ touchinge the Lordℯ of the Priuy Counsell their late proposic̃on and com̃aund for bringinge in all their Tobacco into England to paye the custome here due for that his Mats revenues (as it was alledged by ye ll͠s) could not other wise be vpheld concerninge wch that this Court might the better vnder- stand the whole proceed of this buissines from the verie begininge thereof to that pointe and period it was brought vnto, and wherevpon it nowe resteth he desired they would please to heare the same read in order as it was p̳secuted wch buissines begañ the i5th of October last and so forward as may appeare by the seuerall Courtℯ.

Wch beinge read mr Deputy made two requestℯ vnto ye Company, the first was to knowe whither they did approue of that he had donne by the aduise and direcc̃on of the ∥said∥ Courtℯ touchinge the former Propositions, the second was that they would nowe please to deliuer their opinions freely what course they conceaued best to take to release the Companie of this strict com̃aund and to restore them- selues to their former liberty, and the rather for that it was expected that this ∥Court∥ especially (wherevnto it was referred) should do somethinge herein and not omitt to declare their resoluc̃on touchinge this present buissines concerninge the first the Court did generally assent therevnto testifyinge their good approbac̃on of their p̳ceedingℯ and of their aunsweares made vnto the lordℯ of the Counsell freely acknowledginge, that as the Cash stood more could not haue bin p̱formed, but for the other request concerninge the Companies expresse resoluc̃ons touchinge the pointe in question, it was thought fitt to respite the same vntill some longer time, forsomuch as the Parliamt might happily effect somethinge that might ease the Companie of that care & labor yet was it also held fitt that a choise and large Com̃ittee should nowe be appointed to consult about this buissines and prepare the same against there should be further cause giuen to moue them to take some course for remedy hereof wherevpon these herevnder named were nominated and desired to meet vpon the next Satturday followinge at two of the Clocke in the afternoone at mr ffarrars howse vizt

Lo: Cauendish.
Lo: Padgett.
Sr Edw: Sackuill. Sr ffran: Egiocke.
Sr Dudly Diggℯ. Sr Io: Dauers.
Sr Walter Earle. Sr Sam: Sandys.
Sr Phil: Carey. Sr Lawr Hyde. [297]
Sr Ro: Phillip.
mr Deputy, mr Gibbs, mr Wrote, mr Nicho: Hide mr Brooke mr Ier- myn mr Challonr, mr Kightly mr Roberte mr Bateman mr Ro: Smith mr Ditchfeild mr Caswell mr Ayers mr Abraham Chamberlen mr Bland mr Bull mr Barbor mr Nicho: ffarrar mr Smith mr Caninge.

After this a moc̃on was made that for somuch as many Excellent Proiects had bin propounded at diuers Courtℯ in this last vacac̃on when many gentlemen were out of Towne, whereby they could not take that notice of them that was fitt that therefore they might nowe againe be read and published in open Court, seinge they did not onely tend to the great benifitt of the Aduenturers that were interessed therein but also to the great honor and aduancemt of the generall Plantac̃on as would more plainely appeare by the Rollℯ themselues beinge read vnto them wherevpon order was giuen for readinge of them seuerally.

The first beinge for settinge vp of a glasse furnace in Virginia for makinge of glasse and beads for the vse and benifitt of the Colony to trade wthall, to wch end certen Italians and others to the number of 16 p̱sons were already sent wch worke is hoped by this to be in a good forwardnes sett vp in aduancement whereof diuers Aduenturers had vnderwritten xli a peece beinge the Som̃e proposed to be paid by each Aduenturor wch is to be imployed in a Iointe Stocke: So that that per- ticuler Roll was already come to the Some of 500li.

A second Roll was a Magazine for prouisions of Apparrell and other necessaries whereof the Colony stood in great need and did earnestly desire to be supplied wch was nowe prouided and the Shippe Departed wch was like to returne good proffitt vnto the seuerall Aduenturers vnto wch Roll there was already vnderwritt for a Iointe Stocke 1800li.

The Third Roll was for sendinge of Maydℯ to Virginia to be made Wyues, wch the Planters there did verie much desire by the want of whome haue sprange the greatest hinderances of the encrease of the Plantac̃on, in that most of them esteeminge Virginia not as a place of Habitac̃on but onely of a short soiourninge haue applyed themselues and their labors wholly to the raisinge of present proffitt and vtterly neglected not only staple Com̃odities but euen the verie necessities of mans life, in reguard whereof and to preuent so great an inconven- ience hereafter whereby the Planters mindℯ may be the faster tyed to Virginia by the bondℯ of Wyues and Children, care hath bin taken to prouide them younge handsome and honestly educated maydℯ whereof 60 are already sent to Virginia being such as were specially recomended vnto the Companie for their good bringinge vp by their parentℯ or friendℯ [298] of good worth: Wch maydℯ are to be disposed in mar- riage to the most honest and industrious Planters who are to defraye and satisfie to the Aduenturors the charges of their passages and pro- uisions at such ratℯ as they and the Aduenturors Agents there shall agree and in case any of them faile through mortality it is ordered that a proporc̃onable addic̃on shalbe made vpon the rest, In the fur- therance of wch Christian Acc̃on diuers of the said Aduenturors had vnderwritt diuers good som̃es of money none vnder 8li whereby the whole Some of that Roll did already amount to 800li as may appeare by the subscriptions.

The ffourth Roll was intended for a most certaine and benificiall trade of ffurrs to be had wth the Indians in Virginia in the lymittℯof the Southerne Colony, it beinge credibly informed both by letters from the Gouernor and Counsell of State in Virginia as also by relac̃on of others of the great Trade of ffurrs wch is yearely made by the ffrench and Duch Shipps in a verie great proporc̃on in D' Lawarr and Hud- sons Riuer beinge not aboue 30 or 50 leagues distant from the Plan- tation and for that there is at this present so good an opertunity offered for the cheape and safe managing of the said Trade it hath moued many of the former Aduenturors to subscribe vnto this Roll, Also wherein it is so ordered that none shall subscribe aboue 100li nor any man for lesse then 20li. Whereof onely a Third part for the present voyadge is to be imployed in wch Roll there is already vnder- written the Some of 900li wch Shippe is also departed. 1

A letter to the Colony by the Company, concerning the third and fourth Rolls, is mentioned in List of Records, No. 279, p. 151, ante.

The fift Roll wch is the last though not the least in estimac̃on is for the sendinge of Shippwrightℯ and howse Carpenters to Virginia where plenty of materialls is to be had, So that the onely want was of Skill- full and sufficient workemen in those kinde of professions whereof Diuers did nowe offer themselues to goe, wth whome the Colony beinge once furnished they will in short time be enhabled with Pynnaces and Boatℯ to make further discoueries vp into the Countrie and by meanes of howses ready framed to their handℯ and afforded at reason- able ratℯ the Planters there and such as come newe ouer wilbe able to furnish themselues from time to time with substantiall howses well built and in a good manner to the comfort of the Inhabitants and future strength of the Plantac̃on.

Herevpon it was signified that it was not the intent and meaninge of the former priuate Aduenturers to exclude any or to appropriate the same the same only to such as had already vnderwritten but that it was free for any member of the Companie to ioyne wth them and p̱take of the honor and [299] and proffitt that would arise vnto them thereby wherevpon many gentlemen then present did offer themselues to become Aduenturers and subscribed vnto some of the said Rolls But for somuch as it was nowe growne late: It was moued that the Rolls might be presented at euery Court between this and the next Quarter Court, to the end that such as were disposed might subscribe vnto them.

Notice was giuen of a certaine gentleman lately come out of Ireland that offered to transport Cattle to Virginia at easie ratℯ: It was there- fore moued that such as were desirous to send any Cattle thither would please to acquaint mr Deputy therewith that they might proceed to a further treaty with the said Gentlemen.

Mr Deputy also signified that there were diuers verie good Shipps offred to goe to Virginia and therefore moued that such as had either goodℯ or Passengers would giue notice of their names that preparac̃on might be made accordingly.

At a Court held for Virginia on Wedensday the 4th December i621

mr Deputy. mr Wiseman. mr Cuffe.
mr Gibbs. mr Bland. mr Geo: Smith.
mr Wrote. mr Mellinge. mr Webbe.
mr Shippard. mr Meuerell. mr Sparrowe.
mr Nicho: ffarrar. mr Iadwin. mr Newport.
mr Edwards. mr Morewood. mr Whitely.
mr Ayres. mr Widdowes. mr Barbor.
mr Rogers. mr Baynham. mr Swinhowe.
mr Abraham Chamb̴len. mr Viner. Capt: Bargraue.
mr Woodall.

Whereas by the last Quarter Court appointed a great Com̃ittee to take into considerac̃on the Propositions of the Lords of the Counsell for bringing in all their Tobacco into England concerninge wch the said Com̃ittee were entreated to giue their best aduise and to prepare some reasons touching the same (against occasion should be offered) mr Deputy did nowe signifie vnto the Court that some of the said Com̃- ittee did meete accordinge to the appointement but in reguard there were but fewe then present they thought fitt to adiourne their proceed- ingℯ vntill some other time.

Captaine Leeke presentinge a Letter to this Court from the right Honoble the Lord Chamberlen directed vnto the Counsell and Com- panie of Virginia wch beinge opened and read, it appeared that his lp moued for twoe thingℯ in the behalfe of Capt: Leeke the one was that he might be made one of the Counsell of State in Virginia (where he intendℯ to plant himselfe) the other that he might haue the place of Collonellppe: conferred vpon him in respect of his sufficiency and experience to p̱forme that office wch place Capt: Leeke himselfe also said [300] that he affected onely for the honors sake wthout desir- inge to put the Companie to any Penny charge for the same where- vpon the Court beinge willinge to satisfie his lpe so farr as conveniently they might in respect of his lps good affection vnto the Plantac̃on and honoble endeauors to aduance the same hath therefore made choise of a select Com̃ittee to take it into their considerac̃on vizt

Sr Iohn Dauers. mr Wheatly.
mr Gibbs. mr Ayres.
mr Wrote. mr Rogers.
mr Nicho: ffarrar. mr Roger Smith.
mr Abraham Chamb̴len. mr Baynham.
mr Mellinge.
or any 5 of them who for the better expidic̃on of the buissines in reguard of mr Leeks sodaine goeinge into the Country are desired to meete this next ffriday beinge the 6° of this present Moneth about two in the Afternoone at mr ffarrars and are entreated to make report of their opinions touchinge the premisses.

ffor somuch as it was formerly ordered at a Court held the 14th of Nouember last by the consent of the Aduenturers of the old Magazine that mr Abraham Chamberlen should take vp as much money as here as appeared by the Account of Iohn D' Clarke to be due to the old Magazine and remayninge in his handℯ and paye the same ouer to mr Rich: Bull that a Diuident might be made to the Aduenturers before Christmas; It was nowe complaned that the said order was not p̱formed But mr Abrah: Chamb̴len said that he had not as yet Iohn D' Clarkes Account whereby he might knowe what was due vpon the foote thereof but beinge brought vnto him he hath promised that vpon the cominge of the Post from Midleburrough who was nowe expected wthin two dayes if it shall appeare by Iohn D' Clarkℯ letter he hath not already transmitted the money to be paid here, it shall then remaine still in Iohn D' Clarks handℯ and he will forthwith take vp somuch here and paye the same ouer vnto mr Bull accordinge to the former order.

A moc̃on was made that forsomuch as certen errors were supposed to be p̱tly in the Virginia Companies Receiptℯ and p̱tly in the paymts whereof a Collecc̃on had bin made of some p̱ticulers amountinge to a good Som̃e nowe presented in Court and read that therefore the same might be referred vnto the Auditors to be further examined whereby the said Accountℯ might be righted wch moc̃on the Court assented vnto and ordered the same to be donn by the Auditors who are afterward to giue Account of their proceedingℯ touchinge the same.

Vpon intelligence giuen of one Thomas Butler sett short one share in the printed booke and of mr Wheatly sett short two shares the Sec- retary was willed to take notice thereof and to enter them into the Booke for that purpose ordered to be kept. [301]

Captaine Bargraue moued that for somuch as Captain Martin intends to sett forward for Virginia nowe about Christmas that some present course might be taken for endinge the differences between them the former Com̃ittees hauinge as yet made no end thereof.

At a Court held for Virginia the 19th of December i621

Present
Sr Io Dauers. Capt: Bargraue.
Sr Walter Earle. mr Barbor.
Sr Edw: Lawly. mr Ayres.
mr Deputy. mr Leuer.
mr Gibbs. mr Paulavicine.
mr Wrote. mr Copland.
mr Io: Smith. mr Baynham.
mr Ro: Smith. mr ffelgate.
mr Wroth. mr Mellinge.
mr Nich: ffarrar. mr Woodall.
mr Balmford. mr Newport.
mr Shippard. mr Robertℯ.
Capt: Leeke. mr Cuffe.
with many others.

The Committee appointed by the former Court to treat with Capt: Leeke hauing some of them mett and taken into considerac̃on his two requestℯ namely to be one of the Counsell in Virginia and to haue a Collonellp: there for wch it had pleased my Lo: Chamb̴len by his Honoble Letter to recomend him vnto this Companie did nowe make report that they had agreeed accordinge to his Lps Desire to recom̃end Capt Leeke to the next Quarter Court to admitt him one of the Coun- sell, but for his other request namely to be Collonell gen9all ouer the whole body of the Plantac̃on, they conceaued it a place of that eminent Com̃aund as it was not in their power especially beinge so fewe to creat or constitute so great an officer, and therefore thought fitt to leaue to the further considerac̃on of this Court: Herevpon the Court agreed to respite the same till further aduise were taken therein: In the meane time Sr Io: Dauers is desired to acquaint my Lo: Chamberlen wth those important reasons that moued them here- vnto whereby they trust his lp: will remaine satisfied.

Whereas ∥mr∥ Abraham Chamb̴len had formerly promised to take vp so much money here as appeared by the Account of Io: D' Clarke to remaine in his handℯ for the Tobacco sold by him at Midleburrough, fforsomuch as Iohn D' Clarke had aduertized by letter that he had trusted out some p̱t of the Tobacco to be paid at certaine dayes wch were not yet due, mr Chamb̴len therefore moued that the money might be forborne till Iohn De Clarke had receaued it, beinge p̱swaded that §it§ was sure enough, but in the meane time he desired he might not be tied to his former p̳mise least for his good will and paines freely bestowed for the Companie he should ruñ into an inconven- ience. [302]

The Auditors appointed for the old Magazine.

mr Kightly. mr Clethero.
mr Cranmer. mr Bland.
mr Bull. mr Caswell.
mr Ayres. mr Mellinge.
mr Abdy. mr Cuffe.
are entreated to p̱fect those Accountℯ and it is required that mr Essington make no more warrantℯ for paymt of moneys but that the Auditors p̱forme the same after they haue sett those Accountℯ right who are likewise to take notice that it is nowe agreed and ordered that those that haue already taken out their Capitallℯ of Tobacco shall haue no part of the Diuident in money, but such as haue taken out but part shall haue so much allowed in money as may make them equall with the rest that are to receaue vpon the Diuident of mony.

Mr Edwards and mr Ditchfeild beinge at a Sum̃er Ilandℯ Court appointed to repaire to Sr Tho: Smith for such writingℯ and bookℯ as concerned the Sum̃er Ilandℯ are desired likewise to §en§treat of him the Lottery bookℯ to the end they may be examined by the Auditors.

The Auditors for the generall Colledge §Accountℯ§ for the Companie

Sr Edwin Sandys. mr Gibbs.
Sr Io: Dauers. mr Kightly.
mr Io: ffarrar Dept̃. mr Cranmer.
mr Io Wroth.
are desired by order of this Court to meete euery ffriday in the after- noone, at Sr Edwin Sandys howse and to beginn vpon ffriday next to examine such supposed errors as haue bin obserued p̱tly in the Com- panies receiptℯ and p̱tly in the paymentℯ whereof a Collecc̃on hath bin made of some p̱ticulers and if the errors be so found by the Audi- tors then the Casheires to be required to make good the defectℯ and proue the rest of the paymentℯ by the seuerall Receiptℯ remayninge in their handℯ or elℯ not to be allowed of by the Auditors.

Mr Edwardℯ mouinge for payment of some money due vnto him many yeares agoe for Comodities sold the Compã: for wch he was neuer yet paid it was referred to the Auditors to be further enquired of.

Capt: Bargraue being required by the Companie to giue his aunsweare nowe in Cort for the 500li he stood indebted to the Magazine Companie ∥for wch∥ there was a sute between hime and Alderm: Iohnson and others nowe dependinge in the Chauncery said that as soone as the said cause were heard wch he hoped would be wth the first the next Terme hauinge procured my Lo: Keep̱s p̱emptorie order for it that then he would discharge the said Debt if it were due vnto the Com- panie. [303]

ffrauncis Carter wth the approbac̃on of this Court passed ouer two shares of land in Virginia beinge p̱cell of the 40 Shares assigned vnto him by the right Honoble the Lady Lawarr vnto mr Ro: Hall of Grais Inn.

Also one Share of land more vnto mr Rich: Delbridge of Barnstable in the County of Devoñ marchant.

Mr Bamfeild signified vnto the Court of a booke compiled by a paine- full Schoolmr one mr Iohn Brinsly: Wherevpon the Court gaue order that the Companies thankℯ should be giuen vnto him, & appointed a select Com̃ittee to p̱vse the said Booke vizt

Sr Iohn Dauers. mr Bamfeild.
mr Deputy. mr Copland.
mr Gibbs. mr Ayres.
mr Wrote. mr Nicho: ffarrar.
mr Binge.
who are entreated to meete when mr Deputy shall appoint and after to make report of their opinions touchinge the same at the next Court.

At a Court held for Virginia on Wedensday the 16 of Ianua: i621

Present
mr Deputy. mr Caswell. mr Copland.
mr Gibbs. mr Rogers. mr Caswell.
mr Wroth. mr Robertℯ. mr Caps.
mr Wrote. mr Rich: Smith. mr Darnelly.
mr Kightly. mr Iadwin. mr Swinhowe.
mr Shippard. mr Waterhowse. with diuers.
mr Nicho: ffarrar. mr Mellinge.
mr Barbor. mr Cuffe.

The Com̃ittee appointed to p̱vse the bookℯ wch mr Io: Brinsly Schoolmr presented at the last Court touchinge the educac̃on of the younger sort of Schollers, for somuch as they had yet no time to p̱vse the same by reason of many buissinesses that did occurr they desired of the Court some longer respite wch was graunted vnto them mr Cop- land beinge present was entreated to p̱vse it in the meane time and deliuer his opinion thereof vnto the said Com̃ittees at their meetinge about it.

Mr Deputy signified that one Theodore Wadsworth mr of the Geo: of London of about 100 Tuñ (beinge bound for Virginia) did desire a Com̃ission for transportinge of 60 Passengers wth their Prouisions wch was graunted and order giuen to mr Deputy to seale it. [304]

He further also signified that one mr Henry Southey a Som̃ersett- sheire gentleman did desire a Patent for a p̱ticuler Plantac̃on in Vir- ginia to him and his Associatℯ vndertaking to transport one hundred p̱sons thither (hauinge sent some already) Wherevpon the Court gaue order for the drawinge up of a Patent for him in the vsuall forme against the next Quarter Court.

Hee further signified that whereas a Patent was graunted to Capt: Nath: Bassey and ∥other∥ his Associatℯ for a p̱ticuler Plantac̃on it was desired that the Patent might be renued onely for inserting the names of such as were to be his Associats wch the Court assented vnto.

Mr Deputy acquainted the Court that one mr Leat a Minister beinge heretofore in Newfoundland and preacher there whome mr Slany the marchant com̃ended for his ciuill and good carriage the said mr Leat hauinge upon conference wth some of Virginia heard a good report of that Comittee ∥Countrey∥ was nowe desirous to goe ouer not mean- inge to put the Companie to any further charge then onely to furnish him with necessaries and such bookℯ as shall be vsefull vnto him ∥hoping∥ they would please to recomend him to the Gouernor (wth whome he desires to remaine till a place in that Countrie become voide) that he may be then preferred wch request the Court thought verie reasonable and referred him to the generall Com̃ittee to be treated and concluded wth touchinge some moderate allowance to be bestowed vpon him and haue appointed him to preach vpon sonday come sennight in St Scyths Church in the afternoone proposinge seu- erall Textℯ vnto him to take his choise, but beinge more willing to take what text the Companie would giue him they haue appointed him the 9th of Isay 2° verse.

Mr Nicholas ffarrar beinge formerly chosen Treasuror by the Aduen- turors of the glasseworkℯ moued that for somuch as he had issued out their names accordinge to their direcc̃ons and therevpon made vp his Accountℯ that therefore some might be appointed to audite his said Accountℯ: Wherevpon the Court entreated mr Kightly on the behalfe of the Companie and these other hereafter named on the behalfe of the said Aduenturers to examine and audite the said Account vizts.

mr Gibbs. mr Mellinge.
mr Wrote. mr Swinhowe
mr Barbor. mr Wroth.
mr Darnelly. mr Robertℯ.
who are entreated to meet at mr ffarrars vpon Satturday about 9 in the morninge to this purpose. [305]

Herevpon mr Deputy moued that not onely a Coppie of this perticuler Account after the same be once audited but also the Coppies of all other Accountℯ in like manner beinge audited and allowed might remayne in the Counsellℯ Chest to be forth comm̃inge when soeuer they shalbe required wch moc̃on was well approved and ordered accordingly to be obserued & kept.

Informac̃on was giuen that an vnknowne person had made offer to vndertake the prosecutinge of a Proiect in Virginia for wch he would paye a good rent vnto the Companie and after seauen yeares it should be free for any to vse the same: But the Companie beinge much dis- couraged wth Dor Bohuns proiect wch promised much benifitt but in the end came to nothinge were vnwillinge to giue waye to any such newe proiectℯ but rather wished the Proiector to explaine himselfe freely to some of the Companie what it was he aymed at and they would be ready to afford him all lawefull fauor and assistance in so worthie an enterprize.

Mr Deputy acquainted the Companie that whereas mr Barret a very sufficient Shippwright ∥was∥ entertained to goe to Virginia about a Moneth hence for settinge out of whome and his Compa diuers had vnderwritten good Somes of money as appeared by the Roll of Boate- wrightℯ and howse Carpenters nowe presented in Court wch Roll for somuch as it was not yet fully made vp to that Som̃e wch so great a worke did require it was therefore moued that such as were desirous of the honor and proffitt that would hereby acrue would please to vnderwrite vnto the said Roll.

At a Court holden for Virginia the 21 of Ianuary i621

mr Deputy. mr Wheatly mr. mr Rogers.
mr Gibbes. mr Bland. mr Meuerell.
mr Wroth. mr Bromefeild. mr Cuffe.
mr Wrote. mr Robertℯ. mr Swinhowe.
mr Kightly. mr Caswell. mr Palmer.
mr Nich: ffarrar. mr Edwardℯ. mr Barbor.
mr Couell. Capt: Tucker. mr Mellinge.
mr Woodall.

This Court beinge called to heare the Propositions of Martins Hun- dred Society beinge to receaue their Patent the said Aduenturors made a request in the name of Sr Iohn Wolstenholme Knight and diuers other of the Companie that they might seuer themselues from such as refused to proceed in that Plantac̃on and the next Quarter Court being the 30th of this present Moneth haue a new Patent graunted vnto them and some others who with them hath of late sent a large Supply of people to Virginia wch requ[est] [306] although the Court after much debate conceaued is not onely fitt and convenient but also iust and necessarie as could not be Denied yet to the intent that no mans right might be preiudiced vpon the moc̃on of §some of§ the first Aduenturers that refused now to proceed there was a select Com̃ittee chosen to heare and receaue any obiecc̃ons that could be made vnto the contrary and it was and ∥ordered∥ that p̱ticuler notice of this buissines be giuen vnto euery man by leaving this order at his howse on Thursday next beinge the 24th of this present the said Comittee ∥are these∥ vizt

Sr Io: Dauers. mr Wrote.
mr Gibbs. mr Edwardℯ.
mr Wroth. Capt Tucker.
mr Kightly.
are appointed to meete about 2 in the afternoone at mr ffarrars howse in St Scyths Lane.

Mr Woodall hauinge heard in what good and orderly sort the said Aduenturers did intend to proceed to aduance that Plantation and beinge fully satisfied in those obiecc̃ons wch moued him to refuse to come in at the first did nowe make a proffer that if the Companie would be pleased to accept of his paymt in Cattle wch should be deliu- ered vnto them in Virginia he would then willingly make vp his former Supplies to the proporc̃on of 10li the share for so many as he Vnderwritt for wch offer the Court accepted of prouided he giue his Bond for the p̱formance of his promise either in Cattle §at such rates§ as they are sold in Virginia or to pay so much in money here, wch he promised to doe.

Mr Wrote signified that he was to make a request vnto the said Aduen- turers of Martins Hundred in the behalfe of a frend of his a gentle- man of good worth and Sufficiency namely mr George Mordan of North walsam in the County of Norff esqr who was desirous who after they had settled and compossed this buissines to come in amongst them for three shares, if he might be admitted a free brother of the Companie, and because the said gentleman should seldome be here himselfe by reason of his remote dwelling he did also desire that him- selfe might in his absence supply his person and giue his voice as freely as if he were here himselfe present both wch requestℯ beinge taken into considerac̃on the said Companie were pleased to assent vnto as well for makinge the said gentleman free as for admittinge mr Wrote to haue free voice amongst them in the said gentlemans absence [307]

A Præparatiue Court held for Virginia in the Afternoone on Wedensday the 28th Ianua: i621

Sr Io Dãuers. mr Copland. mr Barbor.
Sr Io: Wolstenholme. mr Balmford. mr Waterhowse.
mr Deputy. mr Ewens. mr Nicholls.
mr Wrote. mr Widdowes. mr Essington.
mr Wheatly. mr Mellinge. mr Meuerell.
mr Caswell. mr Cuffe. mr Swinhowe.
mr Kightley. mr Bull. mr Leat.
mr Viner. mr Hackett. mr Shipton ∥wth diuers others∥
mr Roberts.

The Patentℯ formerly ordered to be drawne vp were nowe presented to the Court to be read vizt.

A Patent to Sr Geo: Yeardley and his Associatℯ who being an Aduenturer vndertake to transport 300 p̱sons
The second to mr Leueson Aduent̃ vndertakinge to transport 100
A third to Capt: Nath: Basse and his Associatℯ 100
A fourth to Capt: Wm Welden a Plant̃ vndertakinge to transport 100
A fift to mr Caps a Planter vndertaking to transport 100
A sixt to Henry Southey of Rimpton in Som̃ersett sheire a Planter vndertakinge to transport 100
in all 800 p̱sons

Wch Patentℯ beinge examined and read were put to the question and by ereccon of handℯ approued of and recom̃ended to this next Quartr Court to passe the Soale of the Companie.

The Patent likewise for Martins Hundred was also appointed to be drawne vp against the next Quarter Court and the Companie entreated to meet in the forenoone to examine the same that it might be ready to pass the Seale with the other Patentℯ. [308]

A letter was brought to the Court by an vnknowne p̱son directed to the Honoble Companie of Virginia, contentℯ whereof are sett downe verbatim in the Quarter Court followinge this.

Wch Letter beinge read the Companie did much reioyce to heare that it had pleased God still to stirr vp so worthie a benifactor vnto the Plantation: And because the said Letter contayned some matter of waight in it, This Court thought fitt to referr it to the considerac̃on of the Quarter Court when the Companie were desired (accordinge to the request of the said Letter) to giue some Account howe the said first money was imployed for the better satisfacc̃on of the Donor.

Mr Waterhowse presented in writinge the Aunsweares of such as he had solicited for moneys due vpon their subscripc̃on vnto the Com- panie, by wch it appeared that diuers had Acquittances to showe for payment of those moneys they are charged with, and some others desired time to consider thereof The Court thought fitt to recomend it to the Auditors to take such course therein as they should see cause: Wherevpon Sr Io: Dãuers signified that he had moued my Lord Keeper for the Assistance of his Lps Letter vnto such as should refuse to paye in their moneys due vpon subscripc̃on to the Companie And that it pleased his lp: to promise §his lr̃es§ should be ready if occasion were offered.

And in reguard mr Waterhowse had taken great paines about solicit- inge for moneys and had giuen so good an Account of what he had already donn It was vpon moc̃on thought fitt to bestowe vpon him two shares of land old Aduenture wch beinge put to the question was well approued of.

The like reward of two Shares of land was thought fitt to be bestowed on mr Balmeford in respect of his often attendance at Courtℯ and Desire to doe the Companie seruice wch was also approued and there- vpon as the other referred to the Quarter Court for confirmac̃on.

Notice was giuen that mr Euans produced Billℯ of Aduenture for fiue shares of land whereas in the printed booke he was sett downe but fower to rectifie wch the Court gaue order to the Secretary to note this Defect in his Alphabetticall booke: And for somuch as mr Euans desired to passe two of his said Shares vnto mr Tho: Newton, the Aditors hauing allowed thereof the Court was pleased likewise to giue their approbac̃on. [309]

Intelligence was also giuen that one mr Tho: Leuison (beinge the gentleman that thath nowe taken a Patent for a p̱ticuler Plantac̃on) did make it appeare by his seuerall Billℯ of Aduenture vnder the Companies Seale that there was Due vnto mr ∥Wm∥ Leuison his ffather deceased seauen Shares of land for moneys paid into the Treas- ury whereas in the printed booke he had but three sett downe so that fower of his Shares were cleane left out whereof the Secrẽ was willed to take notice.

Mr Deputy signified that mr Copland hauing had some shares of land bestowed vpon him by the last Quarter Court in reward of his good desertℯ, did nowe moue that he might haue his said Shares confirmed vnto him vnder the Companies Seale with allowance of fiftie acres for euery person that he and his Associatℯ shall transport with such other priuiledges and ym̃unities as shalbe thought fitt and necessarie wch moc̃on was well approued of and order giuen to the Secrẽ to drawe an Instrument against the Quarter Court to that purpose: Where- vpon it was also moued and thought fitt that this fauor should be extended generally to all that should desire the same that their landℯ might be confirmed vnto them vnder the Companies Seale.

Mr Deputy signified that mr Leat Minister beinge formerly appointed to preach this last Sum̃er in St Scyths Church vpon a Text that was giuen him §had nowe p̱formed the same§ with good approbac̃on and beinge still desirous to goe to Virginia and to be recomended to the Gouernor for the next place that shall become voide; he praid they would please to take his request into their considerac̃on and that he might haue some gratuity bestowed vpon him to furnish him wth nec- essaries Wch request the Court conceaued to be verie reasonable and therevpon agreed to giue him 20li to furnish him with bookℯ and Apparrell and to paye for his transportac̃on.

Mr Deputy signified that whereas order was giuen for drawing vp a Patent for the Sum̃er Ilandℯ Companie for confirminge the landℯ graunted vnto them in Virginia touchinge wch mr Robert Smith had taken some paines to make a Draft who desired Sr Edwin Sandys to p̱vse the same: But Sr Edwin hauinge much buissines of the Com- panies had no spare time as yet to examine the same So as they must nowe respite it till the next till the next Qr Court when it shalbe made ready for the seale.

Henry Mansell hauinge pretended in his petic̃on to my Lo Keeper that the Virginia Companie stood indebted vnto him aboue 60li due about six or seauen yeares since was willed to be present at this Court But for somuch as he came §not§ it was thought fitt he should referr him selfe to the Quarter Court to make it appeare howe the said Debt came due vnto him. [310]

And for somuch as mr Caninge at the last Sum̃er Ilandℯ Court pre- tended the Virginia Companie to be much indebted vnto him, was entreated to be here at this Court to make the said Debt appeare, but seinge he is not come, this Court thought fitt to recom̃ed it to the Quarter Court to appoint some Com̃ittee to examine his Accountℯ that what shall appeare to be due may be Discharged.

Mr Kightley beinge one of the Aduenturers §Auditors for the old Magazine§ moued that for somuch as in the Auditinge of the Maga- zine §Accountℯ§ he had taken notice 1

Originally written "taking notice."

of some thingℯ of moment fitt to be made knowne in reguard he found many good Debtℯ due vnto the Companie that therefore there might be a meetinge of the Magazine Aduenturers to take Account what had bin donn by the afore said Auditors wch moc̃on was well approued of and agreed to meet vpon Friday in the Afternoone at mr Deputy ffarrars.

A moc̃on was made that a speciall Com̃ittee might be appointed by order of the next Quarter Court that might haue power to treat and contract wth such as should offer to send young youthes and to be at part of the charge to Virginia, wch moc̃on was well approued of and therevpon these followinge were named vizt

Sr Edwin Sandys.
Sr Io: Dãuers.
mr Deputy.
mr Wrote.
mr Gibbs.

And for somuch as it was signified by mr Deputy that mr Recorder of this Citty was ready to doe good Offices for the Companie in this kinde by procuringe Children to be sent out of this Citty to Virginia vpon reasonable Termes, it was desired that Sr Edwin Sandys would please to giue him thankℯ in the name of the Company for his forwardnes herein.

Vpon the presentinge of mr ffarrars Accountℯ touchinge the glasse buissines wch beinge audited were much com̃ended for the exact forme thereof, a moc̃on was made that both a Coppie of this and all other Accountℯ of priuate Aduenturers and Vndertakers for the aduance- ment of publique workℯ for the Colony might be kept in ye Companies Chest to the end ye memory of those that were the first Aduenturers and founders of so worthie designes might be preserued vnto their prosperity.

The Rolls for sendinge of Maydℯ and for the trad of ffurrs & for the Boatwrightℯ & howse Carpenters did nowe lye open in Court for Aduenturers that pleased to vnderwrite. [311]

At a Quarter Court held for Virginia the 30th of Ianuar 1621

Present
mr Deputy. Ea: of Warwicke.
mr Gibbs. Lo: Padgett.
mr Wrote. Lo: Warwicke.
mr Io: Smith. Lo: Cauendish.
mr Ro: Smith. Sr ffranc Leigh.
mr Keightley. Sr Edwin Sandys.
mr Nich: ffarrar. Sr Phil: Carey.
mr Tomlins.
mr Rogers. After the readinge of the former Quarter Court mr Deputy signified of diuers Patentℯ wch beinge read in the Præparatiue Court were well ap- proued of and recom̃ended to this generall Court for confirmac̃on namely
mr Barbor.
mr Ayres.
mr Caswell.
mr Wiseman.
mr Swinhow.
mr ffaucet. A Patent graunted to Sr Geo Yeardley an Aduenturer who vn- dertakℯ to transport & plant .....} 300 Persons
mr Iadwin.
mr Waterhowse.
mr Elkington.
mr Meuerell. A Patent to Tho: Leueson an Ad- uenturer for ..... 100
mr Bromfeild.
mr Berblocke. To Capt: Nath: Basse and his As- sociatℯ ..... 100
mr Binge.
mr Grey.
mr Gardiner. Patent to Capt: Wm Welden a Planter vndertakinge for .....} 100
mr Widdowes.
mr Viner.
mr Shipton. A Patent to Henry Southey of Rimpton in the County of in Som̃ersett sheire a Planter for ..... } 100
mr Weston.
mr Mellinge.
mr Hart.
mr Taylor. Patent to William Caps for ..... 100
mr Newport.
mr Man. In all 800 p̱sons
mr Martin.
mr Stubbℯ. Wch Patentℯ were all put to the question and ordered to be sealed.
mr Brewer.
mr Wheatley.
mr Edw: Rogers. A Patent likewise for Martins Hundred hauing bin examined by this morningℯ Court called on purpose for it accordinge to the former Corts appointement and by it approued as beinge drawne accordinge to Southampton Patent, It was nowe put to the question and ordered to be sealed.
mr fflaxton.
mr Geo: Smith.
mr Boothby.
mr Harrison.
mr Hacket.
mr ffelgate.
mr Copland.
mr Balmford.
mr Woodall.
mr Barker.
mr Moorr.
mr Matson.
mr Lilly.
mr Bull.
mr Couell.
mr Bagwell.
wth diuers others.
[312]
The Letter subscribed D and A was brought to the former Court by an vnknowne Messenger was nowe againe ∥presented∥ to be read the Contentℯ whereof are as followeth. 1

This document was copied into the manuscript at a later date.

Ianuary 28th i621
Most worthie Companie

 Whereas I sent the Treasuror and yor selues a letter subscribed Dust and Ashes wch promised 550li to such vses therein expressed, and did soone afterward, accordinge to my promise send the said money to Sr Edwin Sandys to be deliuered to the Companie, In wch letter I did not strictly order the bestow- inge of the said money but shewed my intent for the conversion of Infidellℯ

 Children, as it will appeare by that letter wch I desire may be read in open Court wherein I chiefely com̃ended the orderinge thereof to the wisedome of you the Noble §Honoble§ Companie, And whereas the gentlement of South- ampton Hundred haue vndertaken the disposinge of the said 550li I haue longe attended to see the erectinge of some Schoole or other waye whereby some of the Children of the Virginians might haue bin taught and brought vp in Christian religion and good manners wch not beinge donne accordinge to my intent but the money deteyned by a priuate hundred all this while contrary to my minde, though I iudge verie charitably of that honoble Society, And as already you haue receaued a great and the most painefully gained part of my estate towardℯ the layinge of the foundac̃on of Christian religion and helpinge forward of this pious worke in that Heathen nowe Christian land, So nowe I require of the whole Body of yor Honoble and worthie Companie (whome I entrusted with the dispose of the said moneyes,) to see the same speedily and faithfully converted to the worke intended: And I do further propound to you the honoble Companie that if you will procure that some of the male Children of ye Virginians (though but a fewe) be brought ouer into England here to be educated and taught, and to weare a habbit as the Children of Christℯ Hospitall do, and that you wilbe pleased to see the said 550li converted to this vse then I §do§ faithfully promise that when eight or ten of the Virginians Children are brought ouer, and placed in London either in Christℯ Hospitall or elℯ in the Virginian Schoole or Hospitall (as it may be called and by the willℯ and guiftℯ of good men may be yearely augmented) where the Companie may haue an ey ouer them and be (as it were) nursinge ffathers vnto them then I say I faithfully promise to add 450li more to make the Sum̃e 1000li wch if God permitt I will cheerfully send you only I desire to nominate the first Tutor or Gouernor who shall take charge to nurse and instruct them: But if you in yor Wisedomes like not of this moc̃on then my humble Suite vnto ye whole body of yor Honoble Companie is that my former guift of 550li be wholly imployed & bestowed vpon a free Schoole to be erected in Southampton Hundred (so it be presently imployed) or such other place as I or my freindℯ shall well [313] like of wherein both English and Virginians may be taught together and that the said Schoole be endowed with such priuiledges as you in yor wisdomes shall thinke fitt: The Mr of wch Schoole I humbly craue may not be allowed to goe ouer except he first bringe in to the Companie sound testimony of his sufficiency in learninge and sincerity of life The Lord giue you wise and vnderstandinge hartℯ that his worke herein be not negligently performed.

D and A
Directed To the right Honoble and worll͠ the Treasuror Counsell and Company for of Virginia.

This letter beinge referred to the considerac̃on of this Court for somuch as it did require an Account of the Companie howe they haue expended the saide money vizt the 550li in gold for the bringinge vp of the Infidellℯ Children in true religion and christianity, Sr Edwin Sandys declared that the said money cominge vnto him enclosed in a box in the time of his beinge Treasuror, not longe after a letter sub- scribed Dust and Ashes had bin directed vnto him in §the§ quality of Treasuror, and Deliuered in the Court and there openly read he brought the money also vnto the next Court and there openly read in the Box vnopened: Wherevpon the Court after a large and serious deliberac̃on howe the said money might be best imployed to the vse intended, at length resolued that it was fittest to be entertayned by the Societies of Southampton Hundred and Martins Hundred and each to vndertake for a certaine number of the Infidellℯ Children to be brought vp by them, and amonngst them in Christian Religion and some good Trade to lyue by accordinge to the Donors religious desire; But Martins Hundred desired to be excused by reason their Plantac̃on was sorely weakened and as then in much confusion: Wherevpon it being pressed that Southampton Hundred should vndertake the whole they also consideringe together with the waight the difficulty also and hazard of the buissines were likewise verie vnwillinge to vndertake the managinge thereof and offered an addic̃on of 100li more vnto the former some of 550li that it might not be put vpon them. But beinge earnestly pressed therevnto by the Court and findinge no other meanes howe to sett forward that great worke yealded in fine to accept thereof: Wherevpon soone after at an Assembly of that Society the Aduenturers entred into §carefull§ a considerac̃on howe this great and [314] and waightie buissines might with most speed and great aduantag be effected: Wherevpon it was agreed and resolued by them to imploy the said money together with an Addic̃on (out of the said Societies purse) of a farr greater Som̃e toward the furnishinge out of Captaine Bluett and his Companie beinge 80 verie able and sufficient workmen wth all manner of prouisions for the settinge vp of an Iron worke in Virginia, whereof the proffittℯ accruinge were intended and ordered in a ratable proporc̃on to be faithfully imployed for the educatinge of 30 of the Infidellℯ Children in Christian Religion and otherwise as the Donor had required: To wch end they writt verie effectuall letters vnto Sr Geo: Yeardley then Gouernor of Virginia and Capt: also of Southampton Plantation: not onely recom̃endinge the excellencie of that worke, but also furnishinge him at large with aduise & direcc̃on howe to proceed therein with a most earnest adiura- c̃on (and that often itterated in all their succeedinge Letters) so to imploy his best care and industrie therein, as a worke whereon the eyes of God, Angellℯ, and men were fixed: The Coppie of wch letter and Direcc̃on through some omission of their Officer was not entred in their booke, but a course should be taken to haue it recouered.

In aunsweare of this letter they receaued a letter from Sr George Yeardley; shewinge howe difficult a thinge it was at that time to obtaine any of their Children wth the consent and good likinge of their Parentℯ by reason of their tendernes of them & feare of hard vsage by the English vnlesse it might be by a Treaty with Opachan- kano the Kinge wch Treaty was appointed to be that Sum̃er wherein he would not faile to do his vttermost endeauors.

But Capt: Bluett dyinge shortly after his arriuall, it was a great set- tinge backe of the Iron worke intended; yet since that time, care had bin taken to restore that buissines with a fresh Supplie: So as he hoped well, the gentleman that gaue this guift should receaue good satisfacc̃on by ye faithfull Account wch they should be able and at all times should be ready to giue touchinge the imployment of the said money.

Concerninge wch, Sr Edwin Sandys farther said that as he could not but highly com̃end the gentleman for this his worthie & most Chris- tian Act, So he had obserued so great inconvenience by his modestie and eschewinge of shewe of vaine glorie by concealinge his name, whereby they were depriued of the mutuall helpe and aduise wch they might haue had by conference wth him and whereby also he might haue receaued more cleare satisfacc̃on wth what integrity care & industrie they had managed that buissines the successe whereof must be submitted to the pleasure of God as it had bin comended to his blessinge. [315]

Hee concluded that if the gentleman would either vouchsafe himselfe to §or§ send any of his frendℯ to conferr with the said Society they would be glad to apply themselues to giue him all good satisfacc̃on But for his owne p̱ticuler iudgement, he doubted that neither of the two courses p̱ticularised in this last letter, nowe read in Court would attaine the effect so much desired: ffor to send for them into Eng- land and to haue them educated here, he feared (vpon experience of those brought by Sr Tho: Dale) might be farr from the Christian worke intended, Againe to begin wth buildinge of a ffreeschoole for them in Virginia he doubted (consideringe that none of the buildinges there there intended had as yet prospered,) by reason that as yet through their dotinge so much vpon Tobacco no such workmen could be had but at intollerable ratℯ, it might rather tend to the exhausting of this sacred Treasure in some smale fabricke then to accomplish such a foundac̃on, as might satisfie mens expectac̃ons wherevpon he wished againe some meetinge between the Gentlemen or his frendℯ and Southampton Society that all thingℯ beinge debated at full and iudiciously so wayed some constant cours might be resolued on and pursued for the p̳ceeding in and p̱fectinge of this most pious worke for wch he praid the blessinge of God to be vpon the Author thereof; And all the Companie said Amen.

In the middest of this narrac̃on a stranger stept in presentinge 4 books fairely bound sent from a p̱son refusinge to be named who had bestowed them vpon the Colledge in Virginia being from the same man that gaue heretofore fower other great bookℯ the names of these he nowe sent were these vizt a large Church Bible, the Com̃on prayer booke, Vrsinus 1

Zacharias Ursinus.

Catichisme and a smale Bible richly imbroydered: The Court desired the Messengr to returne the gent̃. that gaue them their generall acknowledgmt of much respect and thankℯ due vnto him.

A lre also was presented from one that desired not as yet to be named wth 25li in gold to be imployed by waye of Addic̃on vnto the former contribuc̃on towardℯ the buildinge of a ffree schoole in Vir- ginia to make vp the other some 125li for wch the Companie desired the messenger to returne him their hearty thankℯ.

Mr Waterhowse hauinge two shares of land bestowed vpon him for the great paines he had taken in solicitinge such as stand indebted unto the Companie vpon their subscription whereof he had giuen a verie good Account, the said shares beinge put to the question were ratified & confirmed and vnto them him.

Mr Balmeford hauinge also two shares of land giuen him in considera- c̃on of his often attendance at Courtℯ and readines to doe the Com- panie seruice, being nowe put to the question were confirmed.

And whereas mr Hugh Euans made request yt he might passe 2 of his shares to mr Tho: Newton beinge allowed of by the Auditors & approued of by ye former Court they were put to the question & con- firmed vnto him, wch Shares were due vnto him vpon paymt of his 4th and fifth Supply as by Acquittances may appeare. 1

This paragraph was inserted by the copyist in finer writing at the bottom of the page.

[316]

Intelligence beinge giuen of diuers that complained they were sett downe lesse in the printed §booke§ then they had bills of Aduenture to shewe: The Court herevpon hath ordered that such Billℯ should be deliuered to the Secretary (takinge a note of receipt vnder his hand) whereby the said Billℯ might be in a readines to be exam̃ined by the Auditors who are to amend those defectℯ and errors and thereby rectifie the booke against the next Publicac̃on and to this end mr Waterhowse is desired to giue knowledge of this order to such as ∥he∥ shall solicite and finde to be wronged in that kinde.

Herevpon Sr Edwin Sandys tooke occasion to report what paines he had taken in reveiwing the seuerall Somes sett downe in the printed booke by comparinge Sr Thomas Smiths Leger and Cash booke together, wch beinge carelesly kept by his Officers who had sett downe diuers Som̃es of money vnder mistaken names, he found thereby such variance and disagreement between the saide Bookℯ as he had much adoe to reconcile them, yet he said he had nowe found out a meanes to excuse some exceptions that were formerly taken thereat, but Some others, the Auditors for Sr Tho: Smith desired some time to consider of.

Mr Copland the preacher hauinge three shares of land old Aduen- ture bestowed vpon him by the last Quarter Court in reward and gratificac̃on of his good Desertℯ did nowe humbly desire the same might be confirmed vnder the Companies Seale wth allowance of fiftie acres the p̱son more for so many as he and his Associatℯ should Vndertake to transport at their owne propper costℯ and charges Wch request was thought verie reasonable, and hauinge a Deed to this purpose ready drawne (accordinge to the order of the former Court) wch was nowe presented and read the Court approued thereof and ordered it to be sealed. [317]

Mr Deputy signified that mr Leat the Minister beinge appointed to preach this last Sundy in St Scyths Church vpon a Text the Comp gaue him had p̱formed the same with good approbac̃on and beinge still Desirous to goe to Virginia rec̃omended to the Gouernor and Counsell there to remayne in expectañce till some place in the m̃istery become voide, did therefore praye the Companie would please to fur- nish them §him§ with some smale allowance for bookℯ and other necessaries: wch request hauinge bin formerly taken into considerac̃on it was thought fitt to allowe him 20li to furnish §him§ with bookℯ and apparrell, and to paye for his transportac̃on: Wch allowance the Court did well approue of.

Mr Deputy signified that one Henry mansell in his petic̃on to my Lo: Keeper, amongst other his grevances he complained that the Virginia Companie stood indebted vnto him in 60li aboue these six or seauen yeares for wch cause beinge present at the Sum̃er Ilandℯ Court held on Monday last in the morninge he was willed by the whole Court to attend the Præparatiue Court held for Virginia in the afternoone, where if he could make the said Debt appeare to be due vnto him they doubted not but order would be taken to giue him satisfacc̃on but he neither appeared then nor nowe:

Wherevpon the Court thought fitt the Com̃ittee appointed to certifie my Lo: Keeper touchinge this and some other his complaintℯ should let his lp: knowe that Mansell neuer acquainted the Auditors wth this his pretended Debt as he ought to haue donne, nor did he euer Dem̃and it before of the Companie and yet he alledgeth in his petic̃on the said Debt to be due to him aboue six yeares since in the time of Sr Tho: Smithes beinge Tr̃er And further that beinge lately warned to two seuerall Virginia Courtℯ to make his said Debt appeare to be due vnto him, he had notwithstandinge contemptuously as it seemeth refused to come.

And for somuch as it was nowe §likewise§ reported vnto the Court that he hath giuen out, he was a free Brother of this Company (wch must either be by purchase of some shares of land or by fauor of the Court vpon his Desertℯ:) It was thought fitt he should bee required to make it appeare howe he came by his pretended freedome: And for this cause the Court gaue order that he should be p̱emptorily warned to be present at the next Court. [318]

And forsomuch as mr Caninge challenged also much money to be due to him vpon seuerall Accountℯ he was likewise entreated by the said Sum̃er Ilandℯ Court to make his Debt appeare at the Præparatiue Court held for Virginia or at the Quarter Court held this present morninge but he came not at all The Auditors did also report that mr Caninge had bin often called vpon to bringe in his Accountℯ vnto them to be audited but he neuer came, the Court hath therefore ordered that he shalbe perremptorily warned to be present at the next Court for Virginia to exhibite his Accounts.

The Aduenturers of the glasseworke desired that they might haue a Patent prepared against the next Quarter Court conteyninge a graunt of such landℯ as shall become due vnto them aswell for transport of p̱sons as for the aduenture of their ioynt Stocke in that buissines wch request the Court assented vnto.

Mr Barbor hauinge had his Accountℯ touchinge the runinge Lotteries examined and approued by the Auditors and lying here at sundrie times in open Court to be seen whereat forsomuch as noe exception was taken he therefore praid he might accordinge to iustice and equity haue his Quietus est vnder the Legall Seale of the Companie wch request in respect mr Barbor had Deliuered vpon his corporall oath so iust and faithfull Account: and had an authenticall Certifecates to shewe from the Magistratℯ and other of principall qualety of the places where he had bin imployed of the true and honest carriage of that buissines whereby he had honoured both the Companie and Acc̃on it selfe The Court did willingly assent therevnto and caused his quietus est nowe presented in Court to be read and hauing approued thereof ordered the Seale to be affixed therevnto.

Sr Edwin Sandys beinge respited till this Quarter Court to exhibite the remayne of his Accountℯ did nowe declare that at his last beinge in the Country he was not able to finde out such writingℯ as did con- cerne his said Accountℯ by reason all his papers had bin confusedly cast together and quite out of order, he therefore moued for some longer time for the p̱fectinge of them, and in the meane while he desired no quietus est neither for this last nor his former Accountℯ wch had bin audited and allowed of wherevpon the Court graunted him his owne time to exhibite the same.

Mr Deputy likewise presented his Account to be audited whensoeuer the Auditors would please to appointe. [319]

Whereas the Companie for Virginia by a former order of Court made staye of 44li vpon Capt: Weldens Tobacco out of 1200 waight he brought home this last Som̃er vpon his owne Account in respect he stood charged for so much due vnto the Companie for his first set- tinge out whome he was to haue serued seauen yeares according to his couenantℯ, contrary to wch he was nowe come home wth out any direcc̃on at all from the Companie and besidℯ had as yet yealded no Account of one penny proffittℯ of Their Tenantℯ labors for these two last yeares for wch respect he had also sealed a bond to the Gouernor to answeare whatsoeuer the Companie could charge him withall, as also to make his returne or send a sufficient man in his place: Wch Obiecc̃ons the said Captaine Welden seemed to excuse with this aun- sweare: That touchinge the first he conceaued himselfe to be dis- charged by the Companies appointing of mr Thorp Deputy ouer the Colledge landℯ: And for the second he saith the Tenantℯ made him beleiue they were not to paye any thinge for the first yeare, but if the Companie did require it of them they would be accountable for it: And as for the Tobacco he nowe brought home he saith, he partly bought it with prouision of Apparrell and other Comodities he car- ried thither with him and partly gott it by his labor and good Hus- bandrie, and therefore praied the Companie would please to remitt vnto him the said 44li staid vpon his Tobacco as afore said: But the Court conceauing this tollerac̃on might proue an ill President vnto other their Officers sett out at their charge, and this money beinge also the Colledge Stocke that sett him out wch they haue noe power to giue awaye, but are to make good and to be accoũtable they therefore thought fitt to recom̃end the further considerac̃on hereof to the Com̃- ittee appointed for the Colledge who are entreated to examine the equity of Capt: Weldens case, and takinge into considerac̃on his Demaũnd and to certifie their opinions what they thinke fitt to be donne therein.

The Comittee for the Colledge appointed i4 Iunij 24 i619 are these

Sr Edwin Sandys. Sr Io: Worstham. 1

Wolstenholme. For the list of those appointed on this committee, see above, p. 231.

Sr Io: Dauers. mr Dept: ffarrar.
Sr Dudley Diggℯ. Dor Anthony.
Sr Nat: Rich. Dor Gulstone.
One Captaine Hazell came and presented in open Court a Certificate in the name of Captaine Iohn Martin wch he desired might be read the Coppie whereof is here inserted vizt. [320]

The Certificate of Diuers of the Right Honorble: of his Maties: most Honoble: priuy Counsell and others the Right Honoble and Right Worie: his Mats: Coun- sell and Company for Virginia. 2

This entire certificate is in the handwriting of Thomas Collett(?).

Wheras Capt: §Io§ Martin Esqr: (havinge been a longe and faithfull serṽnt in the Southerne Colony for Virginia from the first begininge of yt Christiann

Plantac̃on vntill this day) hath requested a Certificate and testimony of his demeanor and Carridge in all things according to our knowledge or otherwise, wch honest & reasonable requeste wee are willinge to sattisfie and Certifie accordinge to truth.

Wee doe hereby know and certifie yt by the generall Consent of his Mata: first Counsell of Virginia here settled in England by his Mata royall order and Com- ission in the fface of the publique and open Court assembled and mett together that the said Capt Ino Martin was elected chosen and sworne one of his Mates: first Councell of Virginia.

Wee know allso yt §in§ the saide Honobl: and open Courte wth ye ffree and full consent therof hee was thought fitt, chosen and sworne to be Mr of the Ordnance in Virginia.

Wee doe further Certifie and approue yt notwithstandinge his first Adventure (wch was verie laudable and good) hee hath ever since to his great charge con- tinued all manner of supplemts and necessaries of his vttmost power and habil- itie whatsoeuer And yt allso hee hath constantlie and very worthyly endured all the misery and great calamytie of fore passed times wth the losse of his owne blood and the death of his onely sonne the hope and Comforte of his age. Sicknes Famyne & many other vnexpressed hard and miserable endurances.

And hath allso p̳vidently and very Carefully endeavored all the benifitts and good vnto the Plantac̃on even to ye vttmost of his habillitie and power and in all things vpholdinge and lauboringe to mainteyne wth equall Iustice & clem- encie all his Mats Lawes p̢rogatives and rights what soeuer ffor wch respects and for his honest and worthy services allredy done and hereafter to be done for the encourragment of himselfe and others yt may succeed: Wee ye Com- pany and Counsell for his Maty: here resydent have heretofore graunted him sundry pryveledges, by Charter vnder our great Seale for the setlinge of a pryvate Plantation vppon his owne allottment of Land in Virginia wherin hee hath p̳ceeded wth a great deale of charg and expence for wch wee see and know no reason to the Contrary butt yt hee should and may enioy ye same accordinge to the true entent and meaninge of this graunt: In wittness wherof wee have here vnto subscribed our hands. ∥names∥

Pembroak. Tho: Smith.
Ro: Warwick. Fra: West.
Leicester. Wm Stt Iohn.
Mountgomery. Ro: Iohnson.
Sheiffeilde. Samuell Argoll.
Ro: Mansell. Wm Caninge. [321]
This Certificate beinge read the Court thought fitt to referr it to the former Com̃ittee and some others nowe added vnto them vizt

The former Com̃ittees were these

mr Herbert. mr Brooks.
mr Earle. mr Gibbs.
mr Iermyn. mr Wrote.

Wherevnto were nowe added

Sr Edwin Sandys. mr Copland.
Sr Io: Dãuers. mr Rogers.
mr Wroth. mr Baynham.
mr Balmeford. mr Barbor.
who are to examine the seuerall pointℯ of his said Certificate and for the better satisfacc̃on of the Lordℯ whome Capt Martin had misin- formed that they would please to take some paines to make a Declara- c̃on of the Defectℯ of his Patent and p̱ticulerly sett downe the iust exceptions that are taken thereat and thereof to make report.

Mr Deputy signified that the Rolls of Subscription for the maydℯ ffurrs and Shippwrightℯ were yet §open &§ left free for any man to vnderwrite & that the later were nowe goinge to performe that worke wch carried with it both honor and proffitt: the Director of that buissi- nes being a verie expert Artist and able to giue good Direcc̃ons for fortificac̃ons.

At a Court held for Virginia on Wedensday the 13th of ffebrua: 1621

Present
Sr Edwin Sandys. mr Bull. mr Mellinge.
mr Bulkly. mr Barbor. mr Edwards.
mr Deputy. mr Rogers. mr Darnelly.
mr Wroth. mr Widdowes. mr Barker.
mr Gibbs. mr Baynham. mr Caswell.
mr Shippard. mr Iadwin. mr Webbs.
mr Nicho: ffarrar mr Welden. mr Woodhowse.
mr Seward. mr Cuffe. mr Willis.
§mr Copland.§ mr Copeland. mr Balmeford.

The preceedent Quarter Court beinge read a request was made in the behalfe of ffranc Harwell that for somuch as his Elder Brother §Sr§ Edmund Harwell Kt of ye Bath had assigned vnto him vnder his hand & Seale all the interest he had to three Shares of land in Virginia descended to the said Sr Edmund by the decease of Sr Tho: Harwell their younger brother who aduentured 37li 10s towards the aduancemt of the Plantac̃on as doth [322] appeare: the Court would therefore please to confirme the said shares vnto the ∥sd∥ ffrauncis Harwell ∥where- vpon the booke being searched and Sr Tho: Harwell the Aduenturer∥ beinge found indebted 25li vnto the Company vpon Sr Edward Con- ways vnderwritinge for him to the fourth Roll, some Doubt was made whither those shares might be perm̃itted to passe before the said Debt was cleared after some dispute therevpon, it was resolued that Sr Thomas Harwell could not in equity be charged with that wch another man for him had vnderwritten, and an instance was giuen of the verie like case allowed of by the Auditors and the Debt remitted wth wch reason and president the Court beinge well satisfied and the said three Shares therevpon put to the question were by a general erecc̃on of handℯ confirmed vnto the said ffrauncis Harwell: In wch shares one mr Kellham hauinge an interest likewise from the said Sr Thomas Harwell did nowe acknowledg in open Court his full assent vnto the passinge of them vnto the said ffrauncis Harwell wch acknowledge- ment he did likewise testifie vnder his hand and Seale vpon the foote of the said Assignement.

A request was also made that whereas Sr Richard Bulkly late of Bewmarris in the County of Anglice deceased paid to the right Honoble Ea: of Southampton in Ianuary last i620, the Sum̃e of 25li for his Aduenture towardℯ the Plantac̃on in Virginia, that forsomuch as the said Sir Richard Bulkly did alwayes intend the said Aduenture to and for the behoufe of mr Thomas Bulkly his second Sonne (as was testified by good Wittnesses) that therefore the Court would please vpon surrender of the former Graunt (wch was nowe exhibited) to confirme the like vnto the said Thomas Bulkly in his owne name, who is resolued to proceed in that Plantac̃on wch the said Sr Richard his ffather had vndertaken as might appeare by the Patent graunted vnto him heretofore by the Compa who by a former order of Court had appointed him Elizabeth Iland to plant vpon.

The Court conceaued the request to be verie reasonable and beinge put to the question assented therevnto and ordered the said graunt ∥to be sealed∥ wth the Counsells Seale.

Whereas at a great and generall Quarter Court held for Virginia the 13th of Nouember i620 it was ordered that an addic̃on of 68li 7s 3d should be allowed in shares of land vnto Elizabeth Berkley widdowe wch came to fiue shares and a halfe after 12li 10s p̱ share wch wth the [323] Remaine of 331li 12s 9d then ordered to be paid her in money was to make vp the iust Some of 400li beinge a Debt longe before due vnto George Berkley her Husband deceased for the freight of Shipps and transportℯ of men prouisions and Cattle to Virginia as by the leger and iournall Bookℯ of Accountℯ examined by the Auditors and by an Account vnder diuers Com̃ittees handℯ doth appeare wch shares of land beinge nowe put to the question were confirmed vnto the said Elizabeth Berkly and the Graunt thereof beinge likewise presented and read was well approued of and ordered to be sealed withe the Counsells Seale accordinge to the order of the former Quarter Court.

Whereas Sr ffrancis Iones kt assigned vnder his hand and Seale all his interest vnto three shares of land in Virginia vnto Sr Iohn Wol- stenholme as by his said Assignement Dated primo October i621 allowed by the Auditors may appeare, Nowe the said Sr Iohn Wolsten- holme hauinge in like sort by his ∥sd∥ Assignemt giuen and graunted the said shares vnto Iohn Harrison his Servant, did nowe moue they might accordingly passe the approbac̃on of this Court Wherevpon the said 3 Shares beinge put to the question were confirmed vnto the said Iohn Harrison.

Touchinge the Complaint of mr Anthony Ireby against one that had vnderhand (as he saith) sought to depriue him of his interest in two shares of land in Virginia, it was informed by mr Carter the Officer that the said Anthony Ireby had two yeares since in open Court passed away his said shares vnto one Martin Earle who had likewise sold the same vnto others wth the approbac̃on of the Court Where- vpon mr Carter was appointed to signifie so much vnto the said Ireby that he might be satisfied without farther Complaint. [324]

Mr Deputy acquainted the Court that one mr Io: Clarke beinge taken from Virginia longe since by a Spanish Shippe that come to discouer that Plantac̃on by whome he was carried to Spayne and there deteyned fower yeares thinkinge to haue made him an instrument to betray that Plantac̃on, That for somuch as he hath since that time donn the Companie good seruice in many voyages to Virginia and of late went into Ireland for transportac̃on of Cattle to Virginia he was an humble Suitor to this Court that he might be admitted a free Brother of the Companie and haue some shares of land bestowed vpon him, wch request the Court taking into considerac̃on haue been pleased first to graunt him his freedome and haue also thought fitt that two shares of land old Aduenture be giuen him as a free guift of the Company wch they haue recom̃ended to the next Quarter Court for confirmac̃on.

William Willis peticoninge for some considerac̃on to be giuen him in respect that part of the charge of transportinge men for the Com- panies vse by Capt̃ Lawne deceased remayneth yet vnsatisfied (as he pretendeth) the Companie not knowing of any such arrearage to be behinde vnpaide thought fitt to referr the examinac̃on hereof to the Auditors before whome he is to make the said Debt appeare and to produce his proufes who therevpon are to certifie the Court the equity of his petic̃on.

Anthony Bullocke and Wm Browne in their petic̃on complained that one mr Robert Barker a member of this Companie hauinge bought of Sr Amias Preston deceased the one halfe of his Aduenture beinge 50li doth doth nowe suppresse and deteyne these writings that should manifest their right to the other halfe of the said Aduenture beinge 50li more wch they purchased of the widdowe of the said Sr Amias Preston, clayminge thereby the whole Aduenture to himselfe Where- vnto mr Barker beinge present made aunsweare that [325] he had lawfully purchased the said Aduenture wch he would proue by those writingℯ he had to shewe, Wherevpon the Court willed him to pro– duce his euidence against the next Court to cleare the question that the Petic̃oners might haue no farther cause to complaine.

Mr Copland moued that whereas it was ordered by the last Quarter Court that an Vsher should be sent to Virginia with the first con- veniency to instruct the Children in the free schoole there intended to be erected, that for somuch as there was nowe a verie good Scholler whome he well knewe and had good testimony for his sufficiency and ∥in∥ learninge and good carriage who offered himselfe to goe for the p̱formance of this seruice he therefore thought good to acquaint the Court therewith and so leaue it to their better iudgement & consid- erac̃on wherevpon the Court appointed a Com̃ittee to treat with the said Party. vizt

mr Gibbs. mr Copland.
mr Wroth. mr Balmford.
mr Wrote. mr Robertℯ.
who are to ioyne herein with the rest of the Com̃ittee and to meet about it vpon Monday next in the morninge about eight at mr Dep- uties and thereof to make report vpon.

Vpon readinge the order of the former Court touchinge Captaine William Weldens vndue p̱formance of the trust reposed in him by the Company in breach of the Contract made wth them, he beinge nowe present, moued, that forsomuch as he could not get the Com̃ittee (vnto whome this buissines was formerly referred) to meete nor could staye any longer in Towne beinge to proceed vpon other voyadges that this Court would therefore please to take this buissines into their considerac̃on and finally order it, & therevpon presented a writinge vnto the Court wch seemed to be framed in iustificac̃on of himselfe and of what he had Donne offeringe to proue whatsoeuer he had therein sett downe. [326] Wherevpon it beinge read and his reasons per- ticulerly examined, it was found and so adiudged by the Court to be verie false and scandalous in many thingℯ as may appeare by the Aunsweares made vnto each seuerall obiection wch were these that followe. 1

A letter of complaint from Weldon to Sir Edwin Sandys is referred to in List of Records, No. 166, page 139, ante.

To his first obiecc̃on touchinge a promise of a supplie of 50 men more (the Springe ym̃eadiatly after his first settinge out) and that vpon the same termes as those formerly sent wth him, wch though it was not expressed in his Contract yet he said it was promised by Sr Edwin Sandys then Treasuror in his conference wth him. It was Denied and signified by Sr Edwin Sandys that he neuer made any such promise, and that what he spake was but onely a Declaration of a purpose and intent of fauor towardℯ him for his better encouragement in that Acc̃on in case sufficient meanes came in and that he carried himselfe well whereby to deserue it of the Companie.

To his second Obiecc̃on that he was promised 3 Shares of land to be sett out for him, wch the Gouernor denyed to do in respect he had no such order from the Companie, for somuch as they remembred no such promise they referred him for this to his Contract wch he beinge willed to shewe said he had lost it.

To the Third obiection that he was to serue the Companie but for 3 yeares it was euidently proued by his Contract vnder his hand and Seale that he was to serue them for seauen yeares.

To the fourth obiecc̃on that the Companie proporc̃on of victuall allowed for his men for 12 moneths was not sufficient to mayntaine them for 4 moneths and therevpon was forced to depart wth 30 of them to serue other Maisters, It was proued by the Invoices of that voyage nowe produced and read that they had allowed for each man a pound of meate a daye wch was as much as vsually they graunt to any other: And to part wth his men was imputed to his weakenes and much offended the Company when they first heard of it and caused them to [327] giue present order that they might forthwith be restored: And it was further signified that if there had bin any iust cause of want of prouision the Companie the Companie vpon the first notice could easily haue furnished them.

To the fift that in stead of faire and fertill groundℯ ∥wch∥ he was promised, he was seated in the most barren places of the Country: It was signified that the place appointed him was farr otherwise beinge chosen out by Sr Thomas Dale himselfe and affirmed vnto them to be the best and fruitfullest Soyle, and if he were elswhere seated then he was appointed or had betaken himselfe to a worse place and after- wards againe remoued by Captaine Mathews ∥Mathews∥ as he pre- tended the fault was his owne and not the Companies nor had they euer notice of it till nowe.

To the 6o Obiecc̃on that two gentlemen (whose passage he was to haue free with liberty to goe and returne at their pleasure) were deteyned in Virginia by the Gouernor 3 Monethes against their wills, & could not be released but vpon vnreasonable condic̃ons It was denied that euer such liberty to goe and come at pleasure was granted either to him, or those other two transported at the Companies charge who therevpon went as Servantℯ there to remayne: And further that it was giuen out he had taken money of one of those men for their passage thither, notwithstandinge the Companie had freely giuen it him.

To the 7o that in stead of Gouernor and Comaunder he was made a Baylie and put to so meane and poore allowance as it would in short time haue starued him: It was aunsweared that mr Thorpe was onely appointed Deputy of the Colledge landℯ, and that it could not but appeare vnto him by their Direcc̃ons that the Deputies place and office was no Diminuc̃on either to his title or allowance no more then the Deputy of the Companies land was vnto the Captaines there, wch was nothinge at all.

To the 8o: that whereas he said that diuers of this Companie protested that mr Deputy ffarrar did promise them they should enioye the prof- fitt of their first yeares labor wth out paying any thinge to the Colledge: It was Denied by mr Deputy that euer he made any such promise it beinge contrary to the Contract made with him vnder their handℯ, as also contrary to the report [328] of Sr Geo: Yeardley the Gouernor and mr Thorpes Letters (wch were nowe produced and openly read in Court) who affirmed that Capt: Welden did testifie it vnto them; But to salue this Capt: Welden saith that the Gouernor hath taken order that the Tenantℯ should haue the fruitℯ of their labor for that first yeare, but vntill the Companies pleasure were knowne, and in case the Companie should Demaund it they should make it good out of their next Croppe.

Lastly he said that forsomuch as all that 900 waight of Tobacco he brought home vpon his owne Account (except C waight of mr Bucks for wch he is to send him returnes) he bought with that apparrell lynnen beddinge brasse and houshold stuffe of good value he carried with him & sold there at reasonable ratℯ as also in com̃isserac̃on & recompense of his paines and trouble in their seruice that therefore the Companie would please to remitt him the 44li staid vpon his Tobacco by a former order of Court (whereof 40 markℯ was giuen him to furnish him out and the rest allowed him for the passage of him- selfe and two men) Wherevpon Captaine Welden beinge willed to withdrawe himselfe the Court tooke the premisses into their consid- erac̃on and obseruinge duely what the Gouernor had writt concern- inge him, signifyinge he had giuen no ∥good∥ Account of his place and that some suspic̃on there was that the Companies goodℯ in his charge were not well accounted, for wch cause before his cominge awaye he had giuen bond of 1000li to satisfie the Companie here, And further it beinge considered also that they must be at great chargℯ to send another in his place and that this money was the sacred Treas- ure of the Colledge for wch the Companie are to be accountable, his Demaund herevpon beinge put to the question was by erecc̃on of handℯ denied. Then Captaine Welden beinge called in againe and the sentence of the Court deliuered vnto him after some pause he did earnestly entreat the Court to doe him the fauor to deliuer him his bond of 1000li and to bestowe vpon him xjli for wch he stood endebted to mr Swaine the Companies ffactor at Middleburrough, acknowledg- inge further that he did submitt himselfe vnto the Companies censure And for that most of the Court were nowe risen he besought mr Deputy to moue his request to the Companie at the next Court and he should acknowledge himselfe much bound vnto him for it, he beinge resolued to go againe to Virginia wth a Plantation of his owne & some freindℯ of his. [329]

ffrauncis Carter passed ouer two shares of land in Virginia vnto Sr ffrauncis Goodwin of Oburne in the County of Bucke knight p̱cell of the 40 shares assigned vnto him by the right Honoble the Lady Lawarr.

Also one share of land in Virginia vnto mr Oliuer Morden of    1

A blank space in the manuscript.

in the County of Suff gent̃.

A Virginia Court held on Wedensday 27th ffebruary i621

Present
Sr Edwin Sandys. mr Shippard. mr Copeland.
Sr Io: Dauers. mr Ro: Smith. mr Nicho: ffarrar.
mr Io: ffarrar. Capt: Tucker. mr Paulavicine.
mr Gibbs. mr Mellinge. mr Bull.
mr Wrote. mr Meuerell. mr Iermynn.
mr Tomlins. mr Hart. mr Scott.
mr Kightley. mr Balmeford. mr ffaucett.
mr Wheatley. mr Sparrowe. mr Baynham.
mr Caswell. mr Widdowes. mr Stockℯ.
mr Barbor. mr ffelgate. mr Kelly.
mr Roberts. mr Binge. mr Lawr Ley.
mr Newport. mr Budge. Capt: Bargraue.
mr Harris. mr Kenaston.
mr Webbe. mr Iadwin.

Mr Deputy acquainted the Companie that worde was brought him the that the Marmaduke was returned from Virginia and was nowe in Ireland, and that although the Letters shee brought were not as yet come to his handℯ, yet he had receaued good newes by Captaine Ray- den 1

Written over the word "Rayner" by the copyist.

owner of the said Shippe beinge aduertized by his mans letter of the safe arriuall in Virginia of eight of their Shipps that sett out this last Sum̃er wch brought all their Passengers thither in good health not one dyinge either by Sea or land, and that whereas the Tiger in her passage beinge driuen by ill weather to farr the north Cape fell into the handℯ of Turkℯ in her waye but it pleased God to deliuer her out of their handℯ by a straunge accident, So as shee escaped that danger and came safely with her people to Virginia and that they wanted only the Sea fflower wherein Capt: Hamer went wch they expected would be there wthin a fewe Dayes after the cominge awaye of this Shippe.

And further it was certified that they had found the people in Vir- ginia all in good health and that mr Delbridges Shippe was there also well arriued with many good Comodities from the Sum̄er Ilandℯ for wch extraordinary blessing the whole Court gaue all possible praise & thankℯ vnto God and were much comforted at so ioyfull & welcome newes. [330]

The order of the former Court touchinge Captaine Welden beinge read mr Deputy signified that th at the risinge of the said Cort Capt: Wel- den entreated him to moue the Companie at their next meetinge that they would be pleased to deliuer vp his Bond of 1000li and to remitt him the 11li he stood indebted to mr Swayne the Companies ffactor wch he lent him at Midleburrough wch request he praid the Court to take into their considerac̃on and to giue him aunsweare: Wherevpon the matter being a longe time debated, it was at length put to the ques- tion, first for givinge vp of his Bond wch was by erecc̃on of handℯ agreed vnto in respect he was nowe come home and out of the Com- panies seruice: And further it beinge also put to the question whither the 11li Debt should be remitted vnto him in mercie and fauor towardℯ him, it was by a generall erecc̃on of handℯ denied, in respect the said money was part of the Colledge Stocke, and that the Companie was to be at a further charge to furnish out another in his roome.

The Com̄ittees report touchinge the allowance graunted vnto the Vssher of the ffree Schoole intended in Virginia beinge read mr Cop- land signified that the said Vsher havinge lately imparted his minde vnto him seemed vnwillinge to goe as Vsher or with any lesse title then mr of the said Schoole and to be also assured of that allowance that is intended to be appropriated to the mr for his propper mayn- tenance, but it was aunsweared they might ∥not∥ swarue from the order of the Quarter Court wch did appoint the Vsher to be first estab- lished for the better aduancemt of wch Acc̃on diuers had vnderwritten to a Roll for that purpose Drawne wch did already arise to a good Some of money, and was like Daylie to encrease by reason of mens affecc̄ons to forward so good a worke: In wch respect many sufficient Schollers did now offer themselues to goe vpon the same condic̃ons as had bin proposed to this Party, yet in fauor of him for somuch as he was spea- cially recomended by mr Copland whome the Companie do much respect the Court is pleased to giue him some time to consider of it between this and the next Court desiringe then to know his direct aunsweare whither he will accept of the place of Vsher as had bin offered vnto him And if he shall [331] accept thereof then the Court haue entreated

mr Balmeford.
mr Copeland.
mr Caswell.
mr Mellinge.
to conferr with him about the methode of teachinge and the bookℯ he intends to instruct Children by.

Augustine Bullocke and Wm Browne complaininge by petic̃on against Robert Barker a Member of this Companie for keepinge backe those writingℯ wch should manifest their right to the moyitie of Sr Amias Prestons aduenture beinge 50li fforsomuch as both sidℯ haue agreed to submitt the cause in difference between them to be heard and ordered by this Court for the more speedy endinge of the said Differences the Court hath referred th it to a Comittee to comprimise the same between them, if they can, or otherwise to certifie to the next Court their opinions what they shall thinke fitt to be donne therein vizt

mr Wrote.
mr Tomlins.
mr Iermynn.
who are entreatreated to meet at mr Iermyns Chamber in the Temple on ffriday next about two in the Afternoone.

Mr Nicho: ffarrar moued that for somuch as his Accountℯ for the ffurr buissines were nowe made vp that the Aduenturers of that priuate Companie would please to appoint some to examine and audite the said Accountℯ: Wherevpon the Court nominated

mr Bull ∥mr Moorer∥.
mr Caswell ∥mr Palmer∥.
mr Barbor.
to meete vpon Satturday the second of March next in the morninge.

Vpon the humble petic̃on of Elizabeth Smalley widdowe the Court haue bin pleased to graunt her a Comission to enquire of the goodℯ of Capt: Robert Smalley her Husband deceased and that it shalbe rec- oc̃ended to the Gouernor to take care that right be Donne her accord- inge to equity and good conscience. [332]

The Petic̃on of Robert Limpanie being taken into considerac̃on the Court therevpon ordered that it should be recomended to the Gouer- nor that if in case it shall appeare that neither Abraham Peirce nor his wife haue bin ∥at∥ any charge for the settinge out of the Peticoners Soñe as he informed that then the said Peirce be not p̱mitted to take any aduantage of his Sonnes Indenture but be caused to deliuer it vp, and that vpton also (Peirces servant) be caused to restore his Sonns goodℯ at his cominge ouer, wch Vpton tooke away from him when he rañ away and carried them ouer wth him to Virginia.

Mr Hiddlebrand Preiwsen assigned ouer one share of land to Thomas Pemble, wch being allowed by the Auditors passed the approbac̃on of this Court.

Mr Edward ffaucet in like manner passed three shares of land to mr Nicholas ffarrar.

Mr Scott with like approbac̃on and allowance of the Court passed 3 shares to mr Patrick Copland.

Whereas it was moued that Henry Mansell hath by his Petition to my Lo: Keeper declared that this Compa were indebted vnto him in 60li aboue these 6 yeares in Sr Thomas Smiths time and yet it did noe waye appeare, and that mr Caninge pretended that this Compa were likewise indebted vnto him but for somuch as the said mr Caninge had receaued diuers Somes of money out of the Virginia Cash, others by Subscription and Lottery bookes; It was therefore ordered that against the next Court the said mr Caninge and Mansell should be warned to bringe in their Accountℯ, and that Mansell should declare vnto that Court whither he be free or not, because mr Woodall had verified somuch vpon oath, as was then alledged.

Vpon the humble request of Wm Capps the Court ordered a Certificate to be drawne vp by the Secrẽ to testifie the good esteeme it had of him aswell in the Colony in Virginia as of the Companie here, as may appeare by the rewards of his good seruice vnto them, As also ∥of∥ what ability ∥he∥ is reported to be there in respect of ye great Supplies he hath sent thither wch Certificate the Secretary is appointed to witt- nesse in the name of the Companie. [333]

Whereas the last Quarter Court thought fitt to enlarge the former Com̃ittee with an addic̃on of some other gentlemen to examine the Certificate of Captaine Martin presented at the said Court by one Captaine Hazell and therevnto to frame some aunsweare for the better informac̃on of those Lordℯ (whose handℯ he had procured vnto the said Certificate) It was nowe moued that for somuch as the said Com̃ittee had not yet mett about it by reason of much other buissines as also for that Capt Martin had excepted against and not spared to traduce some of the said Com̃ittee, notwithstandinge they proceeded with as much respect and fauor towardℯ him as in reason could be required that therefore it would please the Court to take this buissines againe into their ∥owne∥ handℯ and Debate the same in the presence of this generall Assembly.

Wherevpon the Court caused the said Certificate to be read wch was in the name of the Counsell and Company for Virginia here resident being as well in iustificac̃on of Captaine Martins good Desertℯ as also in approbac̃on of his Patent nowe questioned by the Companie wch Certificate beinge read they caused also his Patent to be deliberately read and examined and wth all those exceptions wch the former Com̃ittee had collected vpon it, By all wch as also by the Court bookℯ beinge searched it plainely appeared that the Patent was neuer confirmed by a Quarter Court but only had the approbac̃on of a priuate Court pur- posely called for that buissines only; It was therefore adiudged by the whole Court to be absolutely voide in lawe and of no validity Wherevpon after longe deliberac̃on it was aduised that for sauinge the reputac̃on of the Companie whome Capt: Martin had apparently wronged, in vsinge of their names in the said Certificate as if they went about now to Disavowe their owne Act or that some of the Com- pany in a kinde of facc̃on or spleene towardℯ him did seme to crosse the Act of the whole Companie and of his Mats Counsell for Virginia in whose name the said Certificate was framed to the infinite wronge of the whole body.

ffor auoydinge of wch fowle asperc̃on and the ill construcc̃ons that might be made thereof, Herevpon it was agreed and ordered that a convenient Declarac̃on should be drawne vp consisting of these fower headℯ. [334]

Lastly that the Companie haue and do still offer to graunt him a newe Patent vpon surrender of his old, wth as large and ample priui- ledges as they may or can graunt by his Mats Letters Patentℯ. [335]

Accordinge to these heads and what other addic̃ons shalbe thought necessarie the Court haue entreated

Sr Io Dãuers. mr Wrote.
mr Deputy. mr Gibbs.
mr Iermyn. mr Nich: ffarrar.
or any three of them to drawe vp a Declarac̃on and to meete about it to morrowe in the afternoone at mr Deputies about two of the Clocke, if mr Iermyn can then be present, but if not then to meet vpon fri- day morninge at mr Iermyns Chamber in the Temple.

And it is further agreed and ordered that vpon the finishinge of the said Declaration a Court be warned to pervse and examine the same (and that Captaine Martin be then peremptorily warned to ∥be∥ pres- ent,) and after they haue approued thereof they thinke fitt that diuers Coppies be made of the said Declaration to present vnto the Lordℯ and others.

At a Court held for Virginia the i3th of March i621

mr Deputy ffarrar. mr Wiseman. mr Parker.
mr Gibbs. mr Iadwin. mr Newport.
mr Wrote. mr Copland. mr Swinhowe.
mr Ro: Smith. mr Syward. mr Baynham.
mr Kightley. mr Meuerell. mr Taytã.
mr Io: Smith. mr Combs. mr Kingston.
mr Shippard. mr Mellinge. mr Ma: Shippard.
mr Steward. mr Barnard. mr Hickford.
mr Binge. mr Caswell. mr Barkham.
mr Tomlins. mr Weston. mr Martin.
mr Scott. mr Abr: Chamb̴len. mr Widdowes.
mr Palmer. mr Wynn. mr Viner.
mr Bennett. mr Robertℯ. mr Caninge.
mr Barbor. mr Whitly. mr Dichfeild.
mr Morewood.
mr Eldred.
mr Leuer.
mr Harrison.
mr Darnelly.
mr Bland.
mr Bolton.
Capt: Bargraue.
mr Edwardℯ.
mr Geo: Smith.
mr Raph ffogge.
with diuers others.

Whereas mr Deputy acquainted the former Court with that newes he had receaued by word of mouth of the safe arriuall of eight of their shipps in Virginia Wth all their people and prouisions, sett out this last Sum̃er, he nowe signified the Generall Letter was come to his handℯ importinge as much as had bin formerly deliuered wch letter for more perticuler Relac̃ons did referr to the Letters sent by the George wch he hoped they should shortly heare of. [336]

Vpon Declaration of the Companies thankefullnes vnto God for this ioyfull and welcome newes from Virginia a moc̃on was made that this acknowledgement of their thankefullnes might not onely be Donn in a priuate Court but published by some learned Minister in a Sermon to that pub purpose before a generall Assemblie of the Companie: wch moc̃on was well approued of and thought fitt to be taken into con- siderac̃on vpon returne of the George, wch was Daylie expected when they hoped they should receaue more p̱ticuler aduertisement touch- inge their affaires in Virginia.

The appointed Comittee hauinge drawne vp a Declaration by waye of Aunsweare vnto Captaine Martins Certificate and Patent the same was nowe presented in Courte and read. ∥being this that followeth∥

Right Honorable

Wheras at a greate and Generall Quarter Courte for 1

The words of this paragraph to this point are in the autograph of Nicholas Ferrar. What fol- lows, to the end of the certificate, is in the handwriting of Nicholas Ferrar's assistant, referred to as Thomas Collett.

Virginia held the xxxth of Ianuary last their was presented ∥to∥ the said Courte a Certificate on the behalfe of Capt: Ino: Martin in ye name of ye Counsell & Compa: for his Mat here resident conteyninge a Declaration of his worth and services and therby reputinge him to be worthie to enioy the Patents and priveledges therin graunted vnto him subscribed by some Honoble personns and others: divers of whome the Company conceavinge not to be fully enformed of the truth of all passages in that buisines, have therfore thought itt their duty to give vnto them and p̱ticularly vnto yor LoP: a true Accompt of ye State and Carriage therof.

May it please yor LoP: therfore to be aduertised

That wheras the said Company are lymitted and dyrected by his Mats ɫres Patentℯ to 4 great and generall quarter Courts onely for passinge of all matters of greatest waight and p̱ticularly for disposinge of the land in Virginia ∥and∥ as beinge a fundam̃tall Lawe was notoriously knowne to all the Company & for further caution hath bine from time to time accordingly Declared to the Planters as an Ordinance from his Maty: to be invyolably observed.

Contrarie here vnto ther was p̢sented att a pryvate inferior Courte 2 seuerall Patents ready engrossed (ye Compa: not beinge afore acquainted wth them) the one Constitutinge the said Capt Martin Mr of the Ordnance the other conteyn- inge a Graunt of Land vnto him his heirℯ executors and assignes, By wch pryvate Courte called extraordinarilie and as by ye effect appeared for yt onely buisi- ness the said Patent was vnlawfully and vnduly passed notwth standinge ye dislike of divers then p̢sent but yett neuer had ye Confirmac̃on of a Quarter Courte.

Secondly the said Patent for Land doth conteyne an intended graunt of divers exorbatant pryveledges and trans̴cendent liberties to Capt Martin apparantlie repugnant to iustice and the good Gouerment of the generall Graunt Plan- tac̃on wch the Compa: by his Maties ɫres Patents to them could not graunt as namely the exemption of ∥all∥ the people within his Lands from ye Gouermt of the Gouernor and Counsell in Virginia and from all other services of the whole Colony there (except in case of Warr) and allso a graunt of vnlymited ffishinge, And allso ye ffifte p̱t of all rich Mynes, And to enioy all other Mynes found by him his heirℯ or assignes and of Com̄on Martes to be erected att his pleasure & many other in generall indefinite liberties as appeareth in the said Patent; By collour of wch exorbitant Patent many great inconvenyencies have followed to ye Company & Colony. as in p̱ticularr Capt Martinℯ refusall to submitt himselfe to ye Lawes and orders ∥of the Colony∥ in Virginia.

And yt his Plantac̃on is made a Receptacle & Harbor of disordered p̱sonns who subterfuge thither from ordinary Iustice, All wch & many other mischeefℯ have been often Complayned of by ye Colony att their p̱ticularr and generall Assemblies and by ye Gouernors there and most greivously by Capt Argall himselfe then Gouernor by his letter to the Company, notwithstanding his owne subscripc̃on to Capt: Martins saide Certificate in approbac̃on of the said Patent vppon wch ɫre an order was made in a great and generall Quarter Court in May 1618, and a Comittee appoynted to examine and reforme ye said Patent there being p̢sent att yt Court Sr Thomas Smith and mr Alderman Iohnson then Tr̃er and Deputy to this Company so yt itt seemeth strange to ye Compa: to finde their handℯ allso to Capt: Martinℯ Certificate contradicting the Act of yt great Courte wherin themselvs were ye principall directors: Moreouer ye said inconveniencies have been lately testified Viua Voce before ye Company in open Courte. [337]

Lastly ye Company have and doe allwaies offer to grant ye said Captaine Martin (of any of whose good demerritts they should be glad to heare and cherish) vppon surrender of his former a new Patent of all his Land wth as large and ample pryveledges as any other hath wch fauour all butt himselfe have most willingly & thankfully accepted of.

The said Certificate of Capt: Iohn Martin was subscribed to with these names vizd

Pembroak. Tho: Smith.
Ro: Warwick. ffra: West.
Leicester. Wm: Stt Iohn.
Mountgomery. Robt Iohnson.
Sheffeilde. Samuell Argall.
Ro: Mansell. Wm Caning.

Wch Declaration beinge read and some wordes 1

This word is written over "former."

altered that might fitt it to the qualitie of those that were no lordℯ that had subscribed to the said Certificate and after put to the question was well approued of and order giuen to the Secretary to make diuers Copies thereof the Court entreatinge Sr Io: Dãuers and mr Tomlins to deliuer vnto such Lordℯ as had subscribed therevnto a perticuler Coppie of the Com- panies aunsweares as also vnto the said Certificate as also vnto the Mrs of Requests wch they were pleased to vndertake and for the rest order was giuen to the Secretary to deliuer a Coppie to each of them.

Whereas the former Court appointed the Secretary to Drawe vp a Certificate in the behalfe of Wm Capps 2

Written over the name Carver.

in testimony of the Companies good esteeme of him and of his estate in Virginia and to wittnesse the same as the Act of the Companie it was nowe moued that for the better satisfacc̃on of some ∥especiall∥ frendℯ of the said Caps before whome he had bin wronged and impaired in his reputac̃on that the Counsellℯ seale might also be affixed vnto the said writinge, wherevpon the Draught of a Certificate to this purpose beinge presented in Court and read and the forme thereof somewhat amended was after put to the question and ordered to be writt out and sealed as aforesaid.

Mr Hall an Atturney havinge brought to the Court the Coppie of an order made by my Lord Keeper vpon hearinge of ye cause and Differ- ence between Capt: Bargraue plaintiffe and Sr Thomas Smith ∥mr∥ Alderman Iohnson and others Defendantℯ touchinge a bond of eight hundred poundℯ in question and touchinge some wrongs and losses sustained by them ∥sd plaintiff∥ it was nowe moued and accordingly ordered that forsomuch as the said Decree was supposed to tend to the preiudice of the whole Companie whome it did not concerne in respect they were not but as priuate Aduenturers in the Magazine then [338] then sett out for Virginia together with the said Defend- antℯ that therefore it might be taken into considerac̃on and referred to the examinac̃on of a select Com̃ittee Wherevpon it was desired that as many of the Magazine Aduenturers and so many likewise for the Companie as could be procured to come would please to meet about one of the Clock on ffriday next ∥it vpon Thursday next∥ in the Afternoone at mr Deputies.

Order beinge giuen the last Court (as had bin often formerly) for the warninge of mr Caninge and mr Henry Mansell to bringe in their Accountℯ they were nowe called vpon two sundrie times, but neither of them appeared, wherevpon direcc̃on was nowe ∥also∥ giuen for the warninge of them to be present with their Accountℯ at the next Court.

The Court takinge into their considerac̃on certaine proposic̃ons pre- sented vnto them by mr Copland in the behalfe of mr Dike formerly com̃ended for the Vshers place in the free Schoole intended at Charles Citty in Virginia they haue agreed in effect vnto his seuerall requestℯ namely that vpon certificate from the Gouernor of Virginia of his sufficiency and Diligence in fram̃inge vp of youth com̃itted to his charge he shalbe confirmed in the place of Mr of the said Schoole, Secondly that if he can procure an expert writer to goe ouer with him that can withall teach the groundℯ of Arithmaticke whereby to instruct the Children in matters of Account, the Companie are con- tented to giue such a one his passage whose paines they doubt not, but wilbe well rewarded by those whose Children shalbe taught by him, and for the allowance of 100 acres of land he desireth for his owne propper inheritance, it is agreed that after he hath serued out his time wch is to be fiue yeares at least and longer duringe his owne pleasure he givinge a yeares warning vpon his remoue whereby another may be prouided in his roome the Companie are pleased to graunt him 100 acres as before. It is also agreed he shalbe furnished with bookℯ fitt for the Schoole for wch he is to be accountable, and for ye Children the Companie haue likewise vndertaken to prouide good store of bookℯ fittinge for their Vse for wch their Parentℯ are to be aunsweareable, lastly it is ordered that the agreemt between him and the Companie shall accordinge with to his owne request be sett downe in writinge by waye of Articles indented. [339]

Vpon moc̃on that whereas the Sum̃er Ilandℯ Companie for the better informinge of Officers their Duty in their seuerall places aswell those of the Companie here as those also in the Sum̃er Ilandℯ haue deuised many good and holesome lawes to the great satisfacc̃on both of the Aduenturers and Planters that therefore the like care and paynes might be taken for the better establishinge of good gouerment as well here as in Virginia, time and experience hath nowe sufficiently taught them the necessity of reforminge and supplyinge many Defectℯ both there and here, wch moc̃on was well approued of, and because this waighty buissines was formerly taken into considerac̃on and Diuided into his partℯ and com̃ended to the care of those Com̃ittees the Court desired they might againe be put in mynde of their seuerall taskℯ and afterwardℯ their labors: beinge brought to the veiwe of this large Com̃ittee nowe appointed by the Court, who are likewise to obserue and collect what bindinge orders haue bin made in Quarter Courtℯ or other inferior Courtℯ since the last printed publicac̃on, and havinge reduced the whole workℯ into a Body of lawes might then be presented to his §the§ gracious §veiwe of his§ Matties veiwe by whome beinge approued they might after passe the confirmac̃on of a Quarter Court.

The names of the Com̃ittees are these

Sr Edwin Sandys. mr Wroth. mr Caswell.
Sr Io: Wolstenholme. mr Tomlins. Capt: Bargraue.
Sr Io: Dãuers. mr Nicho: ffarrar. Capt: Tucker.
mr Io: Smith. mr Kightley. mr Edwards.
mr Ro: Smith. mr Iermynn. or any fiue of them.
mr Gibbs. mr Hackwell.
mr Wrote. mr Bennet.
who are entreated to meete about this buissines vpon Tuseday in the Afternoone at mr Deputies in the meane time mr Wrote is desired to collect such orders as haue bin made since the last Publication wch are fitt to be reduced into lawes.

Mr Deputy signified that he had receaued of late certaine intelligence that mr Gookins Shippe was arriued in Virginia with two §40§ younge Cattle well and safely landed, he therefore moued that for- asmuch as diuers others might be much encouraged vpon this good newes to transport Cattle out of Ireland thither vpon reasonable con- dic̃ons, that a ɫre might be writt to mr Gookin by way of offer that if any that if any should be pleased to vndertake the like performance they shall haue for euery Heifor safely deliuered in Virginia 100 waight of good marchantable Tobacco wch moc̃on was well approued of and order giuen for a letter to be drawne to yt effect. [340]

Mr Waterhowse presented his Account signifyinge of dyvers that beinge solicited had billℯ to shewe of moneyes paid to sr Thomas Smith and his Servantℯ for wch notwithstandinge they stood still charged vpon the Ledger booke whereof they desired they might be descharged: Wherevpon the Court entreated the Auditors to meete euery Satturday to examine these ∥said∥ Accountℯ and to receaue such informac̃on as shalbe giuen them from time to time touchinge those buissinesses.

The petic̃on of Isabell Read beinge taken into considerac̃on the Court hath ordered that shee shall repaire to Captaine Io: Martin to require his aunsweare touchinge his promise of satisfacc̃on for her goods that he hath acknowledged came to his hands and which he hath since alienated and sold vnto others as shee made to appeare, and touchinge her other request for the howse and 100 acres of land wch Iames Read her husband deceased in Virginia enioyed in respect of ye Aduenture of his person thither, and Died seized of them, the Court hath con- firmed the same vnto her Daughter Ioane, accordinge to her desire beinge the next heire vnto her deceased father.

A request was ∥made∥ in the behalfe of Captaine Each Mr of the Abigaile, that forsomuch as he had donne the Companie good service, in transportinge of Passengers wherein his ease ∥care∥ by the Gouer- nors Certificate was much com̃ended and acknowledged also by the Passengers themselues and forsomuch likewise as he is resolued at his owne charge to settle and plant diuers Inhabitants in Virginia and hath there already placed the number of fiue persons intendinge yearely to send ouer more vnto them, for wch respect the Gouernor had allotted him 500 acres of land vnder the Collonies Seale, His humble Suite therefore nowe is that the Companie would please to confirme the same vnto him vnder their legall Seale and that he might be admitted a free Brother of this Companie: wch request the Cort generally assented vnto, and recomendinge it vnto ye Quarter Court for further confirmac̃on, when it is also thought that some pro- porc̃on of land be bestowed vpon him for his better encouragement herein.

ffrauncis Carter assigneth one share of land in Virginia vnto Phillip Wood of London gent̃ with allowance & approbac̃on of this Court beinge parcell of the 40 shares assigned vnto him by the Right Honoble the Lady Lawarr.

Also he assigneth six shares of land in Virginia vnto mr Thomas Mel- linge Cittizen and Ironmonger of London formerly belonginge to Capt Raph Hamer. [341]

he assigned also one ∥two∥ share of land from Captain Raph Hamer vnto mr Henry Hutchinson Cittizen and Grocer of London these last §8§ shares beinge contained in one Bill of Aduenture.

An Extraordinary Court for Virginia held on Wedensday in the Afternoone the 20th of March i621

Present
Sr Io: Dauers. mr Edwards. mr Caswell.
mr Deputy ffarrar. mr Wheatley. mr Mellinge.
mr Gibbs. mr Barbor. mr Dennis.
mr Wrote. mr Balmford. 1

Written over the word "Balmfold."

mr Hacket.
mr Tomlins. mr Seyward. mr Cuffe.
mr Ro: Smith. mr Baynham. mr Geo: Smith.
mr Nicho: ffarrar. mr Robertℯ. with diuers others.
mr Binge. mr Meuerell.

A request was made in the behalfe of mr Dennis Mr of ye Marmaduke that whereas the Gouernor of Virginia in respect of the good seruice he had donn the Companie by his carefull transporting of Passengers to and from Virginia had bin pleased to graunt him his freedome there that therefore the Companie would please to confirme the same vnto him wch request the Court takinge into considerac̃on was pleased to ratifie vnto him, and whereas complaint was made that he had taken 20li for the transport of three Passengers homeward wch was more by 40s then their due passage comes vnto, he hath promised in open Court that the ouerplus money shalbe againe repaid them.

It was also thought fitt that caution should be giuen to ye Gouernor to be hereafter more carefull that he bestowe his freedome vpon none in this kinde but such as shall deserue extraordinary well by their care and good vsage of Passengers.

Mr Deputy acquainted the Court that hauinge receaued a ɫre the i6 of this present Moneth from mr Alder Iohnson with request that the Virginia Court booke might be brought to Sr Thomas Smiths for ye appointed Comissions to pervse those orders whereby Henry Mansell pretendeth he was imployed: he was aduised by some of the Counsell then present when that letter came to him to acquainte the Court first therewith in respect the Companies books were com̃itted to his trust & ought not to be p̱mitted to passe abroad wthout ye priuity and allow- ance of a Court wherevpon havinge yesterday signified so much by letter to mr Alderm: Iohnson he receaued another from him that night shewinge some dista[ste] that the books were not sent, in respect vpon the hearinge of Captai[ne] [342] Bargraues cause before my Lo: Keeper the Court books were carried as farr as Westminister touchinge wch mr Deputy said he let mr Alderman Iohnson knowe that the books were then sent vpon my Lord Keepers com̃andment for that the cause then in question did so require it the Court therevpon takinge this matter into their considerac̃on did well approue of what mr Deputy had Donne holdinge it vnfitt the Records of the Companie should passe abroad wthout license of a Court And touchinge mr Alderman Iohnsons request in the name of the rest of the Com̃is- sioners, the Court are willing to giue waye therevnto and hath ordered the Secretary to attend ye Com̃issioners with the said Court booke at their next meetinge to be pervsed by them and after to bringe the said booke ∥same backe∥ againe, and for further caution hereafter it is ordered that neither the Court bookℯ nor bookℯ of Account nor the Kings Letters Patents to the Companie nor any other matter of Record whatsoeuer shalbe deliuered to any except principall Officers of the Companie without consent and lycense of the Court, and for that this order may the more duely be obserued and kept, it is referred to the former Com̃ittee to consider thereof that it may be made a lawe.

fforsomuch as mr William Caninge hath bin often warned to bringe in his Account in respect his pretended claime of much money due vnto him from ye Companie and yet hath refused hitherto to present them §It is therefore ordred he shall be once againe p̱emptorily warned to bringe them in§ wth intimac̃on that if he faile hereof between this and the next Virginia Court the Companie are resolued otherwise to proceed against him in legall course to force him therevnto.

Herevpon intelligence was giuen that one mr Smaleman a gent̃ of heriford sheire had paid 25li to mr Caninge wch he neuer brought into the Companies Accountℯ whereby mr Smalemans name was quite left out in the printed booke.

Sr Anthony Pell and the Lady Iudith his wife passed ouer two shares of land in Virginia vnto Wm Savill esquire beinge formerly aduentured by mr Aldr̃an Rotheram and at his Decease bequeathed vnto the said Lady Iudith his then wife.

Mr Deputy signified that one mr Leuison desired a Comission to trans- port Passengers to Virginia hauing formerly taken a Patent for setlinge ∥to settle∥ a p̱ticuler Plantac̃on there, wherevpon ye Court gaue order for drawinge vp of his Comission and for affixinge ye Companies Seale therevnto. [343]

At a Court held for Virginia on Wedensday the 27TH March i622

Present.
Right Honoble Lo: Cauendish. mr Io: Smith.
Lo: Padgett. mr Ro: Smith.
Sr Io: Dãuers. mr Brooke.
Sr Phi: Carey. mr Hacket.
mr Deputy. mr Nicho: ffarrar.
mr Wrote. mr Barnard.
mr Gibbs. mr Mole.

mr Bland mr Bull mr Kightley mr Caswell mr Barbor mr Balmefor[d] mr Grace mr Swinhowe mr Baynham, mr Widdowes mr Iadwin mr Benn[ett] mr Viner mr ffoxon mr Wood, mr Penistone mr Scott mr Kirby mr Winch mr Woodall mr Stephens mr Brudenell mr Dar- nelly mr Wheatley Capt: Tucker mr Nicholls mr Edwardℯ mr ffelgate mr New[port] mr Leuer mr Copeland mr Roberts mr Leigh.

Mr Deputy acquainted the Court that thanks be to God the George was nowe returned from Virginia and that he had receaued the Pacqu[et] of ɫres sent by her wch he now presented to be read, where- vpon the[re] was first read the generall letter from the Gouernor and Counsell of Virginia and after such priuate letters as came directed vnto the Counsell and Companie here wherein amongst other thingℯ they ga[ue] aduertisement that the Ironworkℯ so longe and earnestly desired were nowe in a good forwardnes to be sett vp by the meanes of mr Iohn Berkley who doubted not but to make Iron there by Whit- sontyde, also of the great hopes they haue of Cotten woole i[n] respect the Trees there prosper so well, also of plenty of good wyne whereof the Vignerons had sent home a tast by this Shippe the Geor[ge] and further they certified that their hopes are nowe greater than euer [of] a flourishinge Country in a short time with that rich Comodity of Silke in respect the ffrenchmen there do report the Mulbery Trees to be of the best kinde that are and do daylie encourage the people by their example to plant them in abundance, wch make them all desire that Store of Silkwormeseed be sent them with ye first conveniency.

There was also now presented certaine proposic̃ons sent to ye Com- pan[ie] by mr Deputy Nuce for alteringe their present condic̃on with their Tenantℯ for the better improuement of the publique Revenue and aduancement of the generall Plantation, wch Proiect for that it contayned matter of speaciall importance more then was fitt to be dis- puted vpon for the present: The Court hath referred it to ye Counsell for Virginia to take it into their considerac̃on and to certifie their opin[ion] ∥touching ye same∥ against the Quarter Court. [344]

Vpon the presentinge of a Certificate from the Gouernor of Go Vir- ginia of the safe arriuall of the Warwicke there order was giuen for payment of the fraight accordinge to the Contract made with the Owners wch was for payment wthin 14 dayes after sight.

Mr Bull Treasuror for the last Magazine sent to Virginia acquainted the Court that he had not receaued the full some of the Iointe Stocke vnderwritten in that Roll by 200li by reason that some had not as yet paid in their subscription: Wherevpon the Court and Aduenturers of the Magazine entreated mr Deputy and mr Nicholas ffarrar to take vp so much money and to become bound for it and that they should be secured by them to be repaid the same againe vpon the first returne together with the interest.

The Court beinge informed of a proposic̃on desired to be presented to the veiwe of his Mats Counsell for Virginia much concerninge the Plantation haue referred it accordingly to their considerac̃on.

Mr Deputy signified of three Shipps sett out by priuate Aduenturers namely the furtherance the Iames the Margaret and Iohn that would be ready after Easter to sett Sayle for Virginia and therefore desired that such as had either Passengrs or goodℯ to send thither would be pleased to giue speedy notice thereof, and further moued for order to drawe vp seuerall Com̃issions for the said Shipps wch the Court assented vnto authorizinge mr Deputy to seale them.

Hee also moued for order for drawinge vp two seuerall Patentℯ for perticuler Plantac̃ons in Virginia, the one desired by mr Robert Mos- ton esqr vndertakinge to transport and plant 100 p̱sons and the other by Capt Dan: Tucker a Brother of this Companie, wch the Court assented vnto.

Edmund Brudenell of Stoakemandauill in ye County of Breck: esquire by his Assignemt vnder his hand and Seale bearinge Date the 28th day of Aprill in the 12th yeare of the Kings Raigne of England Cr passed ouer to ffrauncis Brudenell his sonn his two Shares of land in Vir- ginia due for the Aduenture of 25li paid to Sr Tho: Smith then Tr̃er for Virginia as by his Bill of Aduenture vnder the Companies Seale Dated the 2 8th of March may appeare (whose name notwithstandinge is left out in ye Printed booke) wch assignemt beinge allowed by the Auditors this present Court did ratifie and confirme. [345]

Vpon intelligence giuen of the want of Ministers in Virginia whome the Inhabitants there do verie much desire promisinge to allowe them good entertainement without charge to the Companie, Mr Deputy gaue notice of two or three that had binn with him and offered themselues to goe vpon reasonable ∥condicons∥ wherevpon the Court referred them to the Com̃ittee to be treated with.

ffrauncis Carter passed ouer 9 shares of land in Virginia parcell of the later 40 assigned vnto him by the right honoble the Lady Lewarr

To Henry Paulsted of London march̴ taylor 3
To George Mole of London gent̃ 2
To mr Io: Bowater of London Marchant 2
To mr Rich: Stephens of London painter stainer 1
To Rich: Markham of 1

A blank space in the manuscript.

in ye County of Kent esqr
1

Also ∥mr∥ Thomas Mellinge passed ouer two shares of land in Vir- ginia parcell of 6: assigned vnto him from mr Raph Hamer vnto mr Robert Iefferies of London Haberdasher.

An extraordinary Court held for Virginia on Wedensday the 30 of Aprill i622

Present
Lo: Cauendish. mr Ditchfeild. mr Webb.
Sr Io: Dauers. mr Edwardℯ. mr Sparrowe.
mr Deputy ffarrar. mr Rogers. mr Mellinge.
mr Gibbs. mr Caswell. mr Cuffe.
mr Wrote. mr Wiseman. mr Caninge.
mr Ro: Smith. mr Iadwin. with diuers others.
mr Tomlins. mr Woodall.
mr Nicho ffarrar. mr Geo: Smith.
mr Meuerell.

The Sum̃er Ilandℯ Court held this Afternoone beinge dissolued and the Virginia Cort sett mr Dep̃ty signified that vpon a proposic̃on for- merly made, vpon the good successe it pleased God to giue mr Gookin this last Sumer in transportinge his people and cattle safely to Vir- ginia certen gentlemen of Ireland nowe in Towne beinge much encour- aged and not able to stay till next yeare made an offer to vndertake the like performance as mr Gookin had donn, so as they might knowe and be assured aforehand at what ratℯ they should be able to put of their Cattle in Virginia at their cominge there wch offer the Court tak- inge into considerac̃on did at length agree that for the better encour- agement of such vndertakers they should haue for euery Heifer of our right English breed of twoe yeares old and vpwards deliuered safe and sound in Virginia allowed them there either 130 waight of Tobacco or 11li in money at their elecc̃on for wch they should haue the Com- panies Seale for their security.[346]

And whereas the said vndertakers did likewise make offer to trans- port out of Ireland 20 or 30 able youthes of 16: or 17 yeares of age to Virginia to be Apprentices for 6 or 7 yeares in the Companies ser- uice wth 40s a peece in Apparrell wch they would deliuer safe in Vir- ginia at the rate of 8li the person in money or a Cli waight of Tobacco the Court likinge well of this their offer, are contented vpon Certifi- cate as aforesaid to giue that allowance either in money or Tobacco at their elecc̃on as is desired.

Vpon notice giuen that one mr Hawes pretends he hath diuers bills of Exchange remayninge in his handℯ §of§ good Som̃es of money due vnto him from ye Virginia Companie the Court doth desires that he make his Demaundℯ in writinge and present them on Monday next to mr Deputy that the next Court may take them into their considerac̃on.

At a Court held for Virginia the 10th daye of Aprill i622

Present
Sr Io: Dauers. Mr Edwardℯ. mr Woodall.
mr Deputy. mr Barbor. mr Iadwin.
mr Gibbs. mr Barnard. mr Rogers.
mr Wrote. mr Copland. mr Morewood.
mr Io: Smith. mr Barkham. mr Harris.
mr Ro: Smith. mr Caswell. mr Widdowes.
mr Nicho ffarrar. mr Robertℯ. mr Geo: Smith.
mr Geo: Mole. mr Meuerell. mr Bull.
mr Mellinge. mr ffoxton.
mr Webbe.
mr Baynham.

Vpon the readinge of a former order of Court declaringe the great hopes the ffrench Vignerons haue conceaued of makinge plenty of good Wyne in Virginia whereof they had already made experiment and sent home a tast by the George nowe returned from thence mr Deputy acquainted the Court that there was due to the said ffrench- men for their wages for one whole yeare past the Som̃e of one hun- dred and odd poundℯ (as might appeare wth by the Contract made with them vnder the Companies Seale) for wch money one Bonnall (whome they had authorised to receaue the same) had bin with him earnestly solicitinge him for it, and therefore moued that seeinge ye com̃on Stocke was cleane exhausted some course might be thought vpon for their satisfacc̃on: Wherevpon it beinge taken into [347] considerac̃on it was at length agreed and ordered that mr Deputy should be entreated to take vp so much money as would satisfie the said Debt for wch the Companie haue promised hereby and vndertaken to saue him harmeles from ∥by∥ the proceed of goods nowe come home, and at the next Quarter Court order should be taken to secure him for such other moneyes as he hath or shall disburse for the Com- panies vse.

Herevpon a moc̃on beinge made that forsomuch as priuate Planters receaued equall benifitt by the ffrenchmens skill and instructinge of others in the Arte of plantinge and settinge of Vines and in the mis- tery of makinge Wyne that they also be ordered to beare part of the charge thereby to ease the Companie wch moc̃on was well approued of and thought fitt to be remembred in the next generall ɫre to ye Gouernor whereby it might be proposed vnto them and required of them.

Vpon notice taken of the Companies Treasury exhausted informac̃on was giuen of much money that might be found due to the Companie from Accountantℯ (if their Accountℯ were duely examined) touchinge wch a Note was presented in Court touchinge ∥of∥ diuers moneys made paid to Sr Wm Garway by the Virginia Companie wch are not to be found in Sr Wm Garwayes Accountℯ, wch note as by the p̱ticulers appeared amounted to no lesse then 433li 17s 4d: wherevpon the Court desired the Auditors to take notice thereof and to examine the said Accountℯ and other like Somes they shalbe informed of and accord- ingly to make report vnto the Court.

fforsomuch as the George was nowe returned safe from Virginia con- firminge the good newes they had formerly receaued of the safe arriuall of their Shippes and people in Virginia sent this last Som̃er: it was nowe thought fitt and resolued accordinge to a moc̃on formerly made to the like effect, that a Sermon should be preached to accept ∥expresse∥ the Companies thankefulnes vnto God for this his great and extraordinary blessinge: To wch end the Court entreated mr Cop- land beinge present to take the paines to preach the said sermon before §beinge§ a brother of the Companie and one that was well acquainted with the happie successe of their affaires in Virginia this last yeare vpon wch request mr Copland was pleased to vndertake it and therevpon two places beinge proposed where this exercise should be p̱formed namely St Michaells in Cornehill or Bowe Church it was by erecc̃on [348] of handℯ appointed to be in Bowe Church on Wedensday next beinge the 17th Day of this present Moneth of Aprill about 4 of the Clocke in the Afternoone for wch purpose mr Carter is appointed to giue notice of the time and place to all the Companie. 1

This sermon was printed and is referred to in List of Records, No. 312, page 155, ante.

A request was made in the behalfe of mr Iohn Berkley Mr of the Iron workℯ in Virginia that in respect he had with extraordinary Skill and industrie brought that longe desired worke to so good forwardnes as to vndertake so confidently to make Iron there by Whitsontyde next, as by his owne and mr Sandys letter appeared, the Companie would please for his better encouragement in so hopefull a worke to supplie him and his people with such prouision as he hath most earnestly desired in his letter, wch charge he hath promised to repaye againe out of the first fruite of their labors wch request beinge taken into serious considerac̃on and wthall the benifitt and consequence of so great a worke vnto the whole Plantation and for so much as the Companies Stocke was quite exhausted, the Court againe entreated mr Deputy as formerly to take vp so much money as might supplie him, for wch he should be secured as before they hath §bin§ declared.

Whereas mr Dike was entertayned to be vssher in the free scoole intended in Virginia it was nowe signified that he havinge since shewed a willingnes to resigne that place by reason of some other hopes he had to preferr himself here in England the Com̃ittee thought fitt in reguard of his longe waitinge and Dependance vpon that imploy- ment to bestowe vpon him 3li to discharge him wch agreement and allowance this Court did well approue of.

Mr Deputy moued for drawinge vp a Patent for Sr Bowyer Worsly who intended to transport and plant diuers persons in Virginia: Wherevpon the Court ordered a Patent to be made ready for him against the next Quarter Court.

Vpon readinge a Ire presented in Court directed to mr Deputy ffarrar from one mr Nicho: Hawes signifyinge of two Bills of Exchange made ouer vnto him the said Hawes by mr Henry Rolfe payeable longe since and sett downe in mr Essingtons bookℯ as Debtℯ of ye Com- panies to be paid as moneyes came in, the Court takinge it into con- siderac̃on and havinge [349] examined the bills and withall beinge certified howe vnduely those debtℯ were laid vpon the Companie they willed the messenger that brought the Letter to returne mr Hawes this aunswr followinge that they doe not vnderstand for the present that any such bill was euer accepted and the direcc̃on beinge to Sr Thomas Smith as Treasuror of the Virginia Companie by mr Peirs who hath Relac̃on in his imployment there onely for ∥to∥ the Maga- zine Company the Virginia Companie are of opinion they are not to be charged directly with any such bill by him.

It was also thought fitt that seeinge mr Rolfe was so forward to passe his letter of Atturney to mr Hawes in the behalfe of his Brother for receauinge the said moneyes his brother beinge notwithstandinge indebted to the Companie for moneyes long since due that he should nowe likewise be strictly called vpon and required to paye the same.

Mr Henry Wolstenholme of London gentleman passed ouer three shares of land in Virginia vnto mr Io: Wolstenholm of London Esquire with the allowance of the Auditors and approbac̃on of this Court.

With like allowance and approbac̃on ffrauncis Carter passed ouer two shares of land in Virginia vnto mr George Rookℯ Cittizen and Lether- seller of London beinge parcell of the later 40 shares assigned vnto him the said ffrauncis Carter by the Right Honoble the Lady Lawarr.

With like approbac̃on Abrose Wood of Tattingstone in the Countie of Suffolke gentleman by his Assignement vnder his hand and Seale bearinge date the 31 daye of Ianuary last past, passed ouer two shares of land in Virginia vnto Nathaniell Etherington of ffleetstreet in London gent̃. [350]

Virginia Court held the 8th of May i622

Present
Sr Io: Dauers. mr Widdowes. mr Leigh.
mr Dep: ffarrar. mr Robertℯ. mr Peirs.
mr Io: Wolstenholme. mr Swinhowe. mr Barbor.
mr Gibbs. mr Mellinge. mr Geo: Smith.
mr Wrote. mr Hackett. Capt: Tucker.
mr Mole. mr Moorer. mr Robertℯ.
mr Ro: Smith. mr Woodall. mr De Lawne.
mr Nicho: ffarrar. mr Newport. mr Moorer.
mr Rogers. mr Tomlins. mr Iadwin.
mr Copland. mr Barkham. with diuers others.
mr Caswell. mr Wynn.
mr Binge. mr Martin.

The Court beinge moued to take some order about the Tobacco brought home by the George lately returned from Virginia hauinge entreated mr Bland mr Caswell mr Geo: Smith and mr Mellinge to take vp out of the Custome howse & to sell and dispose of all the Tobacco come home in the said Shippe aswell from the Colledge Tenantℯ as from the Treasuror and Capt: Nuce or any other way belonginge to the seuerall Companie, they were also entreated to discharge and satisfie aswell the fraight of the said Tobacco to mr Ewens as also the Custome and other charges of it.

And further they were entreated to vse all convenient diligence in the sellinge of the said Tobacco that wthall expedic̃on money might be made of it the price and manner of Sale was wholly referred to their fidelity and discrec̃on. And it was by a generall ereecon of hands ∥consent∥ ordered that out of the proceed of the said Tobacco they should first satisfie themselues for all such charges as they should be at §lay out§ or engage themselues for in this buissines and the Remainder of money that should arise by the sale of the Tobacco should by mr Bland mr Caswell mr George Smith and mr Mellinge be paid ouer vnto mr Deputy ffarrar and mr Nicho: ffarrar his Brother towardℯ the payment and satisfyinge of such bondℯ and Debtℯ as they haue engaged themselues for vpon the Companies buissines.

Mr Deputy obseruinge some of the Magazine Aduenturers to be nowe present that were not at yesterdayes meetinge in the Afternoone at the end of the Sum̃er Ilands Court when they treated about the Tobacco brought home by mr Peirce in the Concord ∥being∥ about—11000 waight [351] wch he estimated ∥esteemed∥ would come to about 1700li he tooke occasion to acquaint them wth what had bin then ordered vizt that they had entreated mr Bull and mr Caswell to take vp the said goodℯ and to cleare the Custome, and hauinge tryed the markettℯ and vnderstood of the best price that will be giuen for it they are to acquaint the Magazine Aduenturers therewith, and out of the proceed of the said Tobacco it is intended that order shalbe taken for satisfy- inge of them the charges they are §at§ or shall stand engaged for, the rest of the mony beinge ordered to be reserued in Cash vntill the said Aduenturers shall appoint when and howe the diuident shalbe made vnto each of them: The Court beinge moued to graunt a Patent §for a p̱ticuler Plantac̃on§ to mr Edmond Wynn an auncient Aduenturer gaue order for makinge it ready against the next Quarter Court.

Vpon informac̃on giuen of Iames Hooper §Porter§ his deceitfull deal- ing wth the Companie in the trust they reposed in him beinge taken with much Tobacco thrust into his hose wch he had out of the Ware- howse, whereby it was suspected he had often vsed this manner of purloyninge, it was agreed and ordered that he should be put out of his place and no longer imployed as their Porter, and for better caution hereafter against the like attempt It is likewise ordered that whomesoeuer shalbe admitted into that place shall giue good security for his faithfull dealinge with the Companie and shall stand aun- sweareable to make good whatsoeuer he or any other that he shall imploy can be iustly charged with to haue binn imbeselled besidℯ the forfeiture and losse of his owne place ipso facto.

Wherevpon the Companie beinge resolued to choose another in his Roome in reguard of the present imployment they had of a Porter to looke vnto ∥take vpp∥ the Companies goodℯ nowe come home a moc̃on was made in the behalfe of one Robert Peasly who was well knowne to diuers of the Companie to be sufficient for the place and one that proffered good security for his truth vpon wch good report and promise of Security the Companie haue entertayned the said Robert Peasly for their Porter intendinge to confirme ∥the sd place vnto∥ him at the next Quarter Court and for his better encouragement haue all thought fitt to allowe him a marke a yeare for his Salary. [352]

Iohn Martin the Persian makinge humble suite for the Companies fauor to the ffarmors of his Mats Custome to free him from payinge double Custome wch they required of him beinge a Stranger notwith- standinge he was made a freeman in Virginia by Sr Geo: Yeardley then Gouernor as by Certificate vnder the Collonies Seale appeared Answeare was made touchinge his freedome that none but the Kinge could make him a free denizon of England, and for the Custome demaunded the ffarmors themselues could not nowe remitt in reguard they had already entred the parcell into their bookℯ and charged it vpon Account, wherevpon it beinge taken into considerac̃on howe he might be releiued, he was at length aduised to petic̃on vnto my Lo: Tr̃ear for remittinge the said imposic̃on in reguard he was a freman of Vir- ginia and intended to returne thither againe wth some servantℯ out of the proceed of that smale parcell of Tobacco he had ∥here∥ brought ouer to supplie his wantℯ.

Vpon the humble petic̃on of Elizabeth Smalley widdowe it is ordered that shee shall haue the porc̃on of land that is due vnto her and touchinge her clayme of twoe yoake of Oxen and other Cattle remayn- inge in Virginia that Shee desires to sell the Court not knowinge of any Cattle that Shee hath there hath giuen her leaue to make what sale of them shee can.

Mr Waterhowse mouinge to carry the Rollℯ of subscription to such lordℯ and others as made question of ye Som̃es they had vnderwritten beinge longe since and out of yor §their§ memories the Court gaue order to ye Secretary to let him haue them as occasion required tak- inge a note vnder his hand of the deliuery of them.

Mr Paulson moued yt whereas he had aduentured 50li 1

Written over the number "30" by the reviewer.

in ye old Maga- zine ioynt Stocke, and cominge to mr Essington for order to take out his money as others did he Deenied 2

Written over the word "deemed."

the same vnlesse he would pay for the transport of two men sent ouer wth mr Crosse of wch two men mr Paulson said the Companie had giuen them their transport in requitall of his paines in ye settinge out of ye first two Shipps for ye Magazine yet neuertheles mr Peirs not findinge these 2 mens trans- portℯ satisfied by reason yt Crosse died by ye way did therefore make stay of his goodℯ for their said transport but mr Peirs beinge nowe p̢sent acknowledged he had afterward satisfacc̃on from mr Crosse his Executors: Wherevpon the Court ordered that mr Paulson should haue out his Aduenture as others had, and for ye allowance of his two mens transportℯ giuen ∥him∥ he was to make proofe thereof at the next ∥Magazine∥ Court. [353]

Vpon the humble petic̃on of Vrsula ffrench widdowe a verie poore woman cravinge some allowance towardℯ her mayntenance out of Elias Longs estate beinge her Apprentice and nowe imployed in the Companies seruice in Virginia, the Court hath ordered that it shalbe recomended to the care of the Gouernor there to cause the said Elias Longe to send her 100 waight of Tobacco as shee desires.

Martha Paules petic̃oninge to haue her Tobacco freed of Custome beinge but a smale parcell is willed to repaire to the Customers in whose power it is to releiue her.

Adam Dixon petic̃oninge for the remaynder of his wages due vnto him by Contract with the Companie as he pretendℯ some 12 yeares since who went with Sr Thomas Dale in his voyadge to Virginia for- somuch as this present ∥pretended∥ contract was vnknowne to the Company nor did it any way appeare likely to be true he was willed to come better prepared with his proufes, there beinge some in Court that reported he was longe agoe satisfied.

The Aunsweare of Captaine Iohn Martin to a former order of Court graunted vpon the petic̃on of the widdowe read beinge nowe pre- sented and read, forsomuch as the said Aunsweare seemed to con- tradict a former Letter wch he had sent vnto the said widdowe from Iames Towne in Virginia dated the 19th of Nouember i610 wherein he promised to giue her satisfacc̃on for her Husband goodℯ to the full value wch were prized at 5li 19s as he informeth by his said letter the Court hath ordered that a Coppie of the said letter together with his aunsweare vnder the attest of the Secretaries hand shalbe sent to the Gouernor and Counsell of Virginia whoe are entreated to examine this perticuler buissines and therein to proceed accordinge to equity and good conscience for the releife of the peticoner.

Mr Clement Wilmer of Stratford Bowe vpon request passed his two shares of land in Virginia to George Wilmer of the said place with the allowance of the Auditors and approbac̃on of this Court.

ffrauncis Carter also passed one share of land in Virginia to mr Henry Wentworth of London Skinner parcell of the later 40 assigned vnto him by the Right Honoble the Lady Lawarr. [354]

Mr Staples Minister recomended by mr Abra: Chamberlen and by Certificate vnder the handℯ of well neare 20 Diuines continuinge still his earnest request vnto the Companie for some allowance towardℯ the transport and furnishinge out of himselfe his wife and Child to Virginia where he hath a Brother lyvinge wch moues him the rather to goe, for wch allowance he is contented to put himselfe wholly [upon] their free bounty, the Court takinge it into considerac̃on did at length agree that although their Stocke was spent they would strayne them- selues to giue him 20li to pay for their ∥his∥ said passage and to fur- nish him with necessaries and for that it was moued that he might giue some testimony of his sufficiencie by a Sermon as is vsuall he was desired to preach vpon sonday come sennight in the Afternoone in St Scyths Church wch he promised to performe.

Mr Deputy havinge acquainted the Court with the notice that Capt: Martin had giuen him by two seuerall letters of a meetinge at Sr Tho: Smiths of certaine Honoble Lords and Knightℯ appointed Com̃ittees by his Matie to take hearing of ye difference between him and the Vir- ginia Companie, it beinge nowe taken into considerac̃on §considera- c̃on after some deliberac̃on§ had therevpon the Court entreated mr Deputy mr Tomlins mr Wolstenholme mr Iermynn mr Nicho: ffarrar mr Caswell mr Roberts or any 3 of them to repaire to Sr Tho: Smiths howse to morrowe about two of the Clocke in the Afternoone accord- inge to the appointment to attend the said Com̃ittee and havinge vnderstood Capt: Martins propositions and matter of charge they after ∥are∥ to desire a Coppie thereof, and acquaint the Company therewth from whome they shall receaue as is hoped a satisfactory Aunsweare. [  ] 1

The following certification is written on an unnumbered page of the manuscript following page 354.

Memorandũ that wee Edward Waterhouse and Edward Collingwood Secretaries of the Companies for Virginia and the Sumer Ilands haue examined and compared the Booke going before conteyning one hun- dred, seaventy, seven leaues from Page 1 to Page—354 with the originall Booke of Courtℯ itself: And doe finde this Booke to be a true and p̱fect Copie of the said originall Courte booke: Savinge that there is here wantinge in the Copie certaine ∥of one∥ Courte from ∥of∥ the 20th of May 1620 to and ye begining of ye Qr Crt ∥held∥ 22th but as farre as is here entred in this Copie, doth truely agree with the orig- inall itself. And to euery Page I Edward Collingwood haue sett my hand, and both of vs do hereby testifie as aboue that it is a true Copie. Ian. 28 1623.

Edw: Waterhouse. Secrẽ

Ed: Collingwood Secrẽ