LIBRARY OF CONGRESS Records of the Vieninia Company F 229 V82 VOLUME I 1619-1622 1906 ARTES LIBRARY 1837 VERITAS SCIENTIA OF THE UNIVERSITY OF MICHIGAN PLURIBUS UNUM TULBORA IS QUAERIS PENINSULAM AMOENAM CIRCUMSFICE : ! 1 F 229 182 v.l ож M norandu that wor that wow Edward Waterhouse, and Edward & Collingwood Idoritaries of the Compamis for Virginia and the Summer Hands Haus & Camird and compared toge Boobs going before contigung one hundred, scaventy, sivin Lianis from Page 1. to Lagi-354. with the originall Book of Courts it hith: And doe finde his Book to be a brun band phert dopie of 4g said originall Court books. Sarma Lat here is & he wanting in the dopie de courts on the 20th of May 1620 band in beyning of 5 J.rent, 222 but as horse, as is her entrode mithi's Sopie, doth Fruch, agree with the originall it self. And to cuiry Lagi A Edward Collingwood caur hatt hat my hand, and both of ws do hereby tiftefine as abour tot it is a hour expire / Jan 20 1823. tiſtiche سوع water house is or Ed: Collingward Ferr I. Certification of Volume I of the Original Manuscript THE RECORDS OF THE VIRGINIA COMPANY OF LONDON THE COURT BOOK VOLUME I 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 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6-35006 Note In my report for 1904 I gave the reasons in favor of the printing by the Library of this and of similar unpublished manuscript records in its possession.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 3 021 921 328 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 5 6 RECORDS OF THE VIRGINIA COMPANY 察 ​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 PREFACE 7 } 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. COLUMBIA UNIVERSITY HERBERT L. OSGOOD Contents Page NOTE PREFACE. INTRODUCTION . I. CHARACTER OF THE VIRGINIA COMPANY: Comparison with earlier movements for discovery Comparison with earlier movements for trade Importance of the Virginia Records II. THE RECORDS OF THE COMPANY UNDER SIR THOMAS SMYTHE: Organization of the company under the charter of 1606 Change in character from 1606 to 1609 Classes of records, character and value 3 сл 11 === 11 11 14 • 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 The Jefferson Library in the Library of Congress 17 21 23 2233 39 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 ubli 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 9 10 RECORDS OF THE VIRGINIA COMPANY IV. THE RECORDS OF THE COMPANY UNDER THE SANDYS-SOUTHAMPTON ADMINISTRATION: Organization of the company-Membership, meetings, officers Methods of procedure-General usage and elections. Rewards Record books provided for by the company The extant records-The court book 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 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 Page 71 74 75 78 87 103 company. Value Value in a study of Understanding of the organization and activity of the company. 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 BIBLIOGRAPHICAL LIST OF THE RECORDS OF THE COMPANY TABLE OF EXPLANATIONS THE COURT BOOK, VOLUME I APRIL 28, 1619, TO MAY 8, 1622. 115 119 207 215 Illustrations I. CERTIFICATION OF VOLUME I OF THE ORIGINAL MS II. WRITING OF THOMAS COLLETT (?) • Being page 54 of Volume I of the original MS. Front. 280 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 11 12 INTRODUCTION 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," to Sir Humphrey Gilbert in 1578, and to Sir Walter Raleigh in 1584," 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. 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. a Biddle, Cabot, Appendix, pp. 312, 314, for this charter. Hakluyt, Principal Navigations, VIII, 17-23, 289–296. c Osgood, H. L., The American Colonies in the 17th Century, I, 83. CHARACTER OF THE COMPANY 13 * * * * * Ѣ * * * * * 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 This was also the object expressed in the charter to the East India Company, 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. с 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. 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," 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 a Lingelbach, The Merchant Adventurers of England, 218-236 for extracts from the charters. The first two are published in Rymer, Foedera, and Hakluyt. b East India Company, Charters. cCunningham, W., the Growth of English Industry and Commerce in Modern Times (edition of 1903), Part I, ch. VI, sec. VII. 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. 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. 14 INTRODUCTION 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 CHARACTER OF THE COMPANY 15 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 16455-VOL 1—06—— -2 16 INTRODUCTION 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 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 ." 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 a Printed in full in Brown, Genesis of the United States, I, 33-35. Printed in full, Brown, Genesis, I, 36-42. 17 18 INTRODUCTION * * * 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 ijª 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" 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. The undertakers were to have all lands with their resources a For a reprint of the letters patent, see Brown, Genesis, I, 52–62, or Poore's Constitutions. d 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. UNDER SIR THOMAS SMYTHE 19 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 2 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" 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, and provided a paper of advice as to the establishment of a fort and of a town. b C 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 tae 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 a Printed in full, Brown, Genesis, I, 64–75. o 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, I, 75-79. 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, I, 79–85. 20 INTRODUCTION 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." 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,' as an incident of its " 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. b Nova Britannia, printed February 18, 1609. This document is reprinted in Force's Tracts, I, No. 6. UNDER SIR THOMAS SMYTHE 21 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." 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. 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 b 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 a For a history of the organization of the company and of the founding of the colony, see Osgood, I, Chs. i-iv. • Bibliographical List of the Records of the Virginia Company, post, p. 121, No. 7. c List of Records, p. 121, Nos. 5, 6. 22 INTRODUCTION 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 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" 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- 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. This document was recently found by the Editor in the Bodleian Library. Ibid., p. 121, No. 1. UNDER SIR THOMAS SMYTHE 23 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." THE CLASSES OF RECORDS I. The fundamental documents of the company were those by virtue of which it had its legal formation, and consisted of the letters patent, charters, and orders in council issued by the King and Privy Council. II. The activity of the adventurers was recorded in the court books, which com- prised the minutes of the transactions of the company. In those books were kept the discussions and decisions with regard to the plantation, the granting of land, and all financial policies and plans for developing the enterprise and increasing the income. III. In carrying on its business the company gave commissions to the governors of the colony, issued regulations for the settlers, and, from time to time, sent instructions to the governor and council of the colony. It also granted lands and patents, entered into contracts, issued receipts, made pleas in court, and kept statements of accounts. IV. From the colony itself came reports, declarations, letters, and complaints. They were an essential part of the records of the company and often determined its course of action. V. To the public, for the purpose of inspiring confidence, securing adventurers, and maintaining the interest and support of its members, as well as of defending itself against the accusations of its enemies, the company issued advertisements, broadsides of its shipping investments, declarations, pamphlets, and sermons. VI. A large part of the information which came to the company was derived from private correspondence between members of the company and individual plant- ers. Furthermore, there was a gradual tendency to permit individuals or groups of individuals of the company to form stock companies for trade or plantation, and records of these transactions formed a valuable supplement to those of the company itself. VII. To the student of history another group of supplementary material is of great value. It comes from the records of contemporary companies, corporations, and towns, as well as from the correspondence of officers of state or of other persons who were not directly concerned in the transactions of the Virginia Company. 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. 24 INTRODUCTION 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 I.-FUNDAMENTAL DOCUMENTS с 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. 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, 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. 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," with special letters to the lieu- tenants of County Surrey. 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- ❝ 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. 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. c Brown, Genesis, II, 640-644. a List of Records, p. 132, No. 102. e Brown, Genesis, II, 676, 679, 685, 733, 760. List of Records, p. 126, No. 49. UNDER SIR THOMAS SMYTHE 25 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." 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. 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 S T. Smithes tyme", and showing "the plenty of Armes &c left in Sr Th. Smithes tyme"; the second was a "pticular already deliuered to the Com"." in which appeared the "Staple Comodityes raysed in S T. Smithes tyme"; while the third formed a "collec of the publiq, workes made by S¹ Sa. Argall wch he [comenset]" and was entitled "The pticulars of the Boates". Rich mentions two documents contained in this volume. He states 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. 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. • 26 INTRODUCTION 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 Ire." 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"." 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. с 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. 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, although the date 1618 has been assigned to it in the Manchester papers, where it is to be found. 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 pticulers 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 "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. in the handwriting of Sir N. Rich. List of Records, p. 167, No. 438. Brown, Genesis, I, 465-469. c For an act providing for such a compilation see the record of the court, Dec. 15, 1619. a List of Records, p. 127, No. 58. UNDER SIR THOMAS SMYTHE 27 1 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." 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,' 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, 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, a List of Records, Nos. 59, 60. Also Brown, Genesis, II, 772. b Ibid., No. 76. c Ibid., No. 108. C This is among the Ferrar papers of Magdalene College, Cambridge. 28 INTRODUCTION 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." 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." d 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 "Instrucĉons, orders, and constitucons to Sir Thomas Gates," in May, 1609, and a similar document given to "Sir Thos. West Knight Lo:Lawarr" 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 a Scattering information of such a character concerning this period appears in the discussions and quarrels recorded in the later court books. ¿ 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. This manuscript is in the Bodleian Library, Oxford, Ashmolean Manuscripts, 1147, folios 175–190º. It was discovered by the Editor in October, 1903. See also List of Records, p. 122, No. 10. d Ashmolean Manuscripts, 1147, folios 191-205". See also List of Records, p. 122, No. 11. UNDER SIR THOMAS SMYTHE 29 basis for belief that the affairs of the company were managed and its records were kept in a systematic and businesslike way." 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' as are his instructions. With the exception of a set of "Instructions for such things as are to be sente from Virginia, 1610," 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 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- 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 papers of the Marquis of Lansdowne. Ibid., No. 9. The commission bears the date February 28, 1610. It is printed in full in Brown, Genesis, I, 376-384. c Printed in full in Brown, Genesis, I, 384–386. 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. 30 INTRODUCTION a 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 issued by the company and found in the records of those companies and towns 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. However, with the exception of an unpublished letter from Sandys to the mayor of Sandwich" 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, the official records reveal but little as to the sums which must have been received by the company. e с 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 and the Earl De La Warr are positively 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. 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. c Ibid., Nos. 21, 22, 25, 27, 31. d Printed in Brown, Genesis, I, 461–2, 463–5. e The list is printed in full in Brown, Genesis, I, 465–9. f List of Records, p. 127, No. 59. 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. 1 UNDER SIR THOMAS SMYTHE 31 α 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 letter from the governor of the Virginia Company to the mayor and aldermen of Ipswich 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, 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 с 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. 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. 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- a Brown, Genesis, II, 760-766. For unpublished letters, see List of Records, p. 124, Nos. 32, 33, 34. b Ibid., No. 71. c Ibid., No. 28. a 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. e These are all reprinted in Brown, Genesis, I, (1) 248–249, (2) 354–356, (3) 439, (4) 445, (5) 469-470. f Brown, Genesis, I, 608, 761-765. 16455-vol 1-06 3 32 INTRODUCTION 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." 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. 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. They are nine in number, and bear the following titles and dates: (1) Nova Britannia. London, 1609. (2) Virginia richly valued. London, April 15, 1609. (3) A True and sincere declaration of the purpose and ends of the Plantation, "by the authority of the Governor and Councellors of the Plantation.” London, 1610. [December 14, 1609.] (4) Nevves from Virginia-a poem. 1610. (5) A True declaration of the estate of the colony of Virginia, by the order of the "Councell of Virginia." London, 1610. (6) De La Warr's Relation. London, July 6, 1611, with Crashaw's Epistle Dedicatorie as a preface. (7) The New life of Virginea-second part of Noua Britannia, by "the Coun- sell of Virginea." London, May 1, 1612. (8) Good Newes from Virginia, by Whittaker. London, 1613. (9) A booke called an narracon of the present State of Virginia by Ralph Hammer. London, 1615. 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- a Brown, Genesis, I, 774-779, 797-799. 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. 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. UNDER SIR THOMAS SMYTHE 33 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 34 INTRODUCTION a 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; " 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 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. UNDER SIR THOMAS SMYTHE 35 chosen out of each Town Hundred or other particular Plantation."a 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. 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. 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, 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 a List of Records, p. 129, No. 72. ¿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. < 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. a See Strachey, A True Repertory, in Purchas, His Pilgrimes, IV, pp. 1734–1756. 36 INTRODUCTION 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 The only evidence of records kept by the colonists is an abstract of "A Register book during the Goum of Sam' Argall Esq' admiral, and for y° time present, prin- cipal Gou' 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. 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," 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." But another series of private papers partakes most strongly of the nature of documents of the company. These are the contracts and correspondence relating 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. 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. c Reprinted in the Virginia Historical Register, I. 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. UNDER SIR THOMAS SMYTHE 37 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 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,' 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. с 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. 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- a For these documents see List of Records, p. 129, Nos. 77, 82, 98, 99. b Ibid., No. 76. c Ibid., Nos. 84, 85, 88, 89, 96. 38 INTRODUCTION sional data and serve to fix dates and facts which are known from other sources. a 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." a See Brown, Genesis, "Table of Contents." 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 "-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. These minutes comprise two large volumes of the court book, and fill 741 manuscript pages. 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. A mass of material belonging distinctly to the plantation serves as a part of the records of the a See documents under Class I in the List of Records. C For this statement, as also for a full understanding of the character of the company, see Osgood, The American Colonies in the Seventeenth Century, I, 61. • Grouped under Class II in the List of Records. d Ibid., Class III. 39 40 INTRODUCTION 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." 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.' 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. 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.a C 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 a Grouped under Class IV in the List of Records. These papers are all in the Library of Congress. b Ibid., Class V. c Ibid., Class VI. d Ibid., Class VII. THE COLLECTIONS OF documentS, 1616–1624 41 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. 42 INTRODUCTION 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," 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:' "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: "A. Letters, proclamations in 1622-23, and correspondence 1625. (42) Transactions in council and assembly, their petition and his majesty's answer.c "B. (9). Orders from Feb. 1622 to Nov. 1627.d "C. (32) A. Foreign business and Inquisitions from 1665 to 1676. Transactions of the council from Dec. 9, 1698, to May 20, 1700.”e The volumes of Jefferson manuscripts relating to the company, which became the property of the Government in 1815, were as follows: g (1) First laws made by the Assembly in Va. anno 1623. (Used by Hening.) (2) Journal of the Council and Assembly, 1626–1634. (Used by Hening.) 9 (3) Miscellaneous Records, 1606-1692, with a small quarto containing abstracts of Rolls in the offices of State bound into the volume. (Commonly known as the Bland copy, because so cited by Hening.) 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. 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. c This is classified as one folio manuscript in the catalogue of the Library of Congress, 1830, and the latter is doubtless the manuscript covering the period from 1626-1634. ✔ This manuscript also contains loose papers to 1632. eCatalogue of the Library of Congress, 1880, p. 167. ƒ Catalogue of the Library of Congress, 1815, p. 73. 9 This is probably the same manuscript as that mentioned above under the Jefferson catalogue as No. 122 (42). There is no other manuscript in the Library which corresponds to the title here given or to the description above. ; THE COLLECTIONS OF documents, 1616–1624 43 (4) Miscellaneous Papers, 1606-1683. Instructions, Commicons letters of Advice and admonitions and Public Speeches, Proclamations &c. Collected, transcribed and diligently examined by the Originall Records, now extant, belonging to the Assemblie. 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. α The following statements with regard to the first group made by Mr. Jefferson in a letter to Hugh P. Taylor, October 4, 1825, will serve as a basis for the attempt to ascertain the history and authenticity of those manuscripts: 66 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," 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. "" a From the National Intelligencer, October 19, 1825. b Col. R. Bland died October 26, 1776. 44 INTRODUCTION CONTEMPORARY COPY OF THE COURT BOOK b a 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. 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, 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, 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 C 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 a William Byrd died December 4, 1704. See Byrd, History of the Dividing Line. 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. c For a description of these volumes and the circumstances of their making, see the discussion, pp. 78-84, post. dIt 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. e Hening, Statutes at Large, I, p. viii. THE COLLECTIONs of documeNTS, 1616–1624 45 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.' ""> 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. a Stith, History of Virginia, preface, p. viii. 46 INTRODUCTION 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 abstract is a quarto bound into the Miscellaneous Records, 1606-1692, called by Hening the "Bland copy." In pages 1 to 14 a 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. Both are contemporary copies of the originals. 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. C 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: 1. (a) Miscellaneous letters from the Privy Council to the governor and council in Virginia in 1623, pp. 1-3ª. An unknown holograph. (b) Declarations of the condition of the colony and answers thereto in 1623/4, pp. 34-7a. An unknown holograph. 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. • 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. c See Plates, post, Vol. II for illustrations of these holographs, and for evidence as to the autographs. THE COLLECTIONS OF DOCUMENTS, 1616-1624 47 ( 2. Fundamental orders, charters, ordinances, and instructions by the company in London and laws of the assembly in Virginia, pp. 8-21. Partly holographs as above." No. A 42. "The other side:' "" 1. (a) Letters from the colony to the King or to the company between 1621 and 1625. An unknown holograph. (b) Letters from the company to the colony between 1621 and August 6, 1623. Holographs of Edward Sharpless. 2. Instructions, commissions, proclamations, orders, warrants, and letters of the governor and captain-general of Virginia and of the assembly, pp. 36–53. Partly the holograph of Edward Sharpless and partly perhaps of Christopher Davison, the secretary of the colony from November, 1621, until his death in the winter of 1623/4.0 4. Petitions to the governor and council in Virginia, pp. 58-63. Holo- graphs as of the preceding. 5. A miscellaneous collection of letters between the Privy Council and the Commissioners for Virginia on the one hand and the governor and council in Virginia on the other, in 1625/6, pp. 68-70; a letter from the Virginia Company of London in 1626, p. 71, and a census of 1624, pp. 71-75. Unknown holo- graphs similar to those in the first part of this end of the volume.c 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 a This volume is cited in the List of Records, as "MSS. Records of the Virginia Company of Lon- don, Vol. III, pt. i." Christopher Davison was appointed at a quarter court, June 23, 1621. His commission was sealed November 28, 1621. cCited in the List of Records as "MSS. Records of the Virginia Company, Vol. III, pt. ii." 16455-VOL 1-06 -4 48 INTRODUCTION 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. / p Joseph [Jokeg] / Tho Farloue & Vpton gent / Thos. Ba[u]rbag[e]/ Cler Cone"./ 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." 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 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. THE COLLECTIONS of DOCUMENTS, 1616–1624 49 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." He 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. adds that the Byrd volumes went to Mr. Jefferson with the Bland collection, which he bought about 1776, instead of the copies therefrom." 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 in a codicil to D 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. Not to be confused with Sir John Randolph, father of the Peyton Randolph whose library Jefferson says he purchased in 1778. 50 INTRODUCTION 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 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." с The third volume of this Randolph series, which is cited both by Burk and by Hening 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 « 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. 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. c For the extracts from the "Ancient Records," Vol. III, so called, by Hening, see Statutes at Large, 1, 76-113 (collated readings given), 113-120, 145, 146, 209, 223. THE COLLECTIONS OF DOCUMENTS, 1616–1624 51 or 66 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 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." 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." JEFFERSON TRANSCRIPTS ERSON 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 St 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 a Hening, Statutes at Large, I, 76 n. (a). Burk, History of Virginia, I, ch. V; II, 7, 42, 67. 52 INTRODUCTION be the "Only copy extant of those laws!"a 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. 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 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."a 66 The seventeenth century volume, entitled Instructions, Commitons 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/ Publiq, 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. 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 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. ¿Thomas Jefferson to John D. Burk, Monticello, February 21, 1803. cW. D. Johnston, History of the Library of Congress, I, 178. a 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. e For the contents of this volume as late as 1624 see the List of Records. THE COLLECTIONS OF DOCUMENTS, 1616-1624 53 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." 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. That this volume is the one used by Hening in his Statutes and referred to as the "Bland copy" 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. 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. с 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 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. For the contents of this volume see the List of Records. c Hening, Statutes, I, 223, 224–238. d Stith, History of Virginia, Preface, which is dated December 10, 1746. • 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. 54 INTRODUCTION 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.« 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. 1 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. 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 ❝ All of these papers are included in the List of Records. › William G. Stanard, "The Virginia Archives" in the Report of the American Historical Associa- tion, 1908, I, 645-664. the collections of documents, 1616–1624 55 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 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, 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. a Quoted from the New York Public Library Bulletin (1897), I, 68, and (1899), III, 160. o List of Records, Nos. 133 and 640. 56 INTRODUCTION 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 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,' 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. 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. C 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 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. There is a manuscript copy of this sermon in the Library of Congress. 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. THE COLLECTIONS OF DOCUMENTS, 1616–1624 57 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 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. b 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. 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 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. 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." 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., 70¹¹, 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.” 58 INTRODUCTION 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. a 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. 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 carfeul and correct. The "Simancas Archives" is a volume of transcripts of "Papers in the Simancas Archives relating to the History of Virginia and other portions « See a statement by Victor H. Paltsits, April 14, 1896, inserted in the first volume of these papers now in the Lenox. b The documents transcribed in both the Chalmers-Barlow and the Bancroft volumes are noted in the List of Records under "Remarks." THE COLLECTIONS OF DOCUMENTS, 1616-1624 59 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 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. 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. 60 INTRODUCTION 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. a In this collection are twenty-three papers which are veritable records of the company. 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. Ъ The series, consisting of twenty letters from Sir Edwin Sandys to John Ferrar, shows more clearly than any other documents we possess 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 a List of Records, Nos. 76, 138, 164, 258, 259, 303, 304, 394, 421, 423, 470, 479, 539, 541, 543, and the quo warranto. 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. THE COLLECTIONS OF DOCUMENTS, 1616-1624 61 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. ¨ α 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. 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. 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. 62 INTRODUCTION 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. 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. α 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. 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 a These Manchester papers are calendared by the Royal Commission on Historical Manuscripts, Report VIII, Part 2. b List of Records, p. 140, No. 170. THE COLLECTIONS OF documenTS, 1616-1624 63 a 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. 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." 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." Thus some of the Salis- a List of Records, No. 438. с A letter from Sir Edwin Sandys to John Ferrar, cited in the List of Records, No. 317. 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. 16455-VOL 106-5 64 INTRODUCTION 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. 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? 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 a List of Records, pp. 145, ff., Nos. 227, 243, 444, 520, 579. For a discussion of the fate of the missing records and the probability as to their existence, see ch. V, post. THE COLLECTIONS OF DOCUMENTS, 1616–1624 65 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." 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. 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."e 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, 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. b For a discussion of the content of the document, see post, p. 103. c P. 166. 66 INTRODUCTION 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- THE COLLECTIONS OF DOCUMENTS, 1616–1624 67 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 it 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 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." 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 acr are exempted from payinge any Rent to yº 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 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. "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. 68 INTRODUCTION 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 Dan' Prince, Bookseller. Oxford-July 23º 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 Matle: 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 a List of Records, Nos. 378, 384, 385. THE COLLECTIONS OF DOCUMENTS, 1616–1624 69 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." 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 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. propo- 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. a List of Records, Nos. 604 and 733. A 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," 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. 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. The power to dis- franchise an unworthy member was reserved to the company. a List of Records, No 183. с MS. Records of the Virginia Company of London, Court Book, Vol. I, Nov. 15, 1619. cIbid., II, Feb. 19, 1622/3; I, Nov. 3, 1619. 71 72 INTRODUCTION 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" 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.” 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 @ MS. Records of the Virginia Company of London, Court Book, Vol. II, May 24, 1623. b Ibid., I, Dec. 15, 1619; Dec. 3, 1619; Jan. 12, 1619/20; Feb. 16, 1619/20; Feb. 22, 1619/20. UNDER THE SANDYS-SOUTHAMPTON ADMINISTRATION 73 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 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. 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 The other officers performed such duties as usually pertain to those who hold the corresponding titles. 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 a MS. Records of the Virginia Company of London, Court Book, Vol. I, Nov. 17, 1619; Nov. 3, 1619; June 28, 1620. bIbid., I, May 2, 1621. 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). 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. 74 INTRODUCTION 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." 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. 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. 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." C 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. Each share carried with it the privilege of a vote in 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. b Ibid., I, Jan. 31, 1619/20. c Ibid., II, Dec. 11, 1622; Jan. 14, 1623; Feb. 4, 1622/23; Dec. 11, 1622. d Ibid., I, June 28, 1620; November 15, 1620; May 2, 1621. UNDER THE SANDYS-SOUTHAMPTON ADMINISTRATION 75 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. (1) The old adventurer who had paid at least £12 10s. for a share of stock, and who thus owned, rent free, at least 100 acres of land after the first division which took place in 1616. (2) The new adventurer who had exactly the same privileges, except that after seven years he must pay 12d. to the company for each 50 acres gained by trans portation of settlers. (3) The adventurer who received a share of stock for service or for adventure of person and who would have the privileges of an old or of a new adventurer according to whether he received the award before or after 1619. (4) The individual who had received a grant of land for service or who had purchased land and had not yet gained the grant of shares of stock by adventure of his person or by sending out planters. (5) The individual who had purchased land of a debtor of the company and could not become free of the courts until the debts were paid. 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." No assessments were ever levied upon the shareholders, the first sugges- tion of such a course coming from the Privy Council in July, 1623.6 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 "Orders and Constitutions:" List of Records, No. 183. Court Book, I, May 2, 1621; June 28, 1620; Nov. 15, 1620. bIbid., II, July 9, 1623. 76 INTRODUCTION 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: (1) Copies of the letters patents, and also of all letters, orders, and directions from the King and his council, as well as the replies of the company. (2) The laws and standing orders passed in quarter courts for the company and for the colony. (3) A register of all patents, charters, and indentures of validity granted by the company, of all instructions issued by the council, and of all public letters. sent to or received from Virginia. (4) The acts of the general courts. (5) The acts of the committees; invoices of provisions sent to Virginia by the company; the certificates of the receipts to be returned from Virginia; invoices of goods sent from Virginia with the husband's certificate of receipt or defect. (6) The names of adventurers, by payment of money or by rendering service, to whom shares of land had been given, together with the number of shares belonging to each person; the lawful transfers of shares from one to another; the names of His Majesty's council for Virginia. (6a) The names of all planters in Virginia on the public and on the private plantations separately, based on the certificates from the governor and council in Virginia and from the heads of each plantation." 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. a A note of such a list of men sent to Virginia during the time of Sir Thos. Smythe is among the Manchester papers. List of Records, No. 443. UNDER THE SANDYS-SOUTHAMPTON ADMINISTRATION 77 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." On May 17, 1620, three books of the deputy were audited. The first contained an account of the money disbursed for provisions,' 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." 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. 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, a register of all petitions to the court, a List of Records, No. 211. 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. c Court Book, II, Nov. 18, 1622. d Ante, p. 67. "Order of Court," I, June 26, 1620. eCourt Book, I, Dec. 13, 1620; Jan. 31, 1620/21. 78 INTRODUCTION with the action thereupon,a and a record of all covenants between adventurers and indentured servants, a copy of which was to be sent to the governor of Virginia. 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 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. 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 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. 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 50") and carried them to the noble Earle of Southampton." a Court Book, II, Oct. 23, 1622. ↳Ibid., II, Nov. 18, 1622; Nov. 20, 1622. cIbid., I, May 8, 1622; II, July 4, 1623. d Ibid., I, Apr. 3, 1620. e Ibid., I, Jan. 16, 1621-22; Feb. 27, 1621–22. f Court Book, II, May 14, 1623. g"Some directions for the collecting materiall for the writing the life of Nich: Ferrar," a manu- script in the Cambridge University Library, Min. 1.46 (Baker 35), pp. 389-432, especially p. 392. UNDER THE SANDYS-SOUTHAMPTON ADMINISTRATION 79 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 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. 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. 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."a 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 yo* Lops that they may hereafter be protected from it: And that howsover yo' Lop' 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 The com- 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 « Peckard, Memoirs of the Life of Mr. Nicholas Ferrar, pp. 89–167. ↳ 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. cOrder of the Privy Council, June 26, 1624: List of Records, No. 689. a The commission was sealed July 15, 1624: Ibid., No. 701. • 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. 16455-VOL 1-06 -6 1 80 INTRODUCTION conjecture only, based on the divers statements of contemporary authorities. These are three in number: (1) The Discourse of the Old Company of Virginia addressed to the Privy Council, May, 1625. (2) The Memoirs of the Life of Nicholas Ferrar by Dr. Peckard in 1790. (3) A Short Collection of the Most Remarkable Passages from the originall to the dissolution of the Virginia Company, by Arthur Woodnoth, written between 1635 and 1645, and printed in 1651 by Richard Cotes." 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. ¿ 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." Some of them doubtless belonged to Dr. Peckard's "This pamphlet is in the volume entitled: Copy of a Petition from The Governor and Company of the Sommer Islands, with Annexed Papers, presented to the Right Honorable The Councel of State July the 19th, 1651. London, Printed for Edward Husband, 1651. ↳ Peckard, pp. 155–156. c c See discussion of the Ferrar papers, pp. 59 ff., ante. UNDER THE SANDYS-SOUTHAMPTON ADMINISTRATION 81 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." 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[riedenwald] 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. 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. 82 INTRODUCTION 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,"" 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. 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 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 « 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. ↳ For examples of the autograph of Nicholas Ferrar and of that of his assistant, Thomas Collett (?), see the plates in this volume. c For the documents thus inserted in the Court Book see List of Records under "Reference." For an illustration of the insertion of the documents see the plates in this volume. UNDER THE SANDYS-SOUTHAMPTON ADMINISTRATION 83 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." 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." 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. 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 Tfer speach touching M' 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- a For the evidence that the corrections are by Edward Collingwood, compare the autographs as shown in the plates of Vol. II, post. 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. 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. 84 INTRODUCTION 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;" 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. THE SYSTEM OF KEEPING THE COURT BOOK C 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. 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 sd Records, and the Blurr bookes wch should warrant the Court Booke and is the first ground of the Record"; that it may [be] discouered whether there be any difference betweene them." 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 a Post, Plates in Vol. II. For any variations of importance, see footnotes to documents in the "Court Book," post, I, II. c Court Book, I, Dec. 11, 1622. d List of Records, No. 465. UNDER THE SANDYS-SOUTHAMPTON ADMINISTRATION 85 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 86 INTRODUCTION 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 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 a The terms in general are given in the Presidents for Patents in the British Museum. List of Rocords, Nos. 256, 257, 266, 267, 268, 276, 277, and 278. UNDER THE SANDYS-SOUTHAMPTON ADMINISTRATION 87 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. " 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 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. 88 INTRODUCTION 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 crection 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 114d 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 inanagement 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 UNDER THE SANDYS-SOUTHAMPTON ADMINISTRATION 89 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." с A book of great importance was issued by the company in June of the same year containing a series of declarations. 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, 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, 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 a List of Records, No. 174. d b Ibid., No. 183. c The pamphlet must have been printed in 1616. An imperfect copy is in the British Museum. d This copy is evidently imperfect, since it lacks pages 91 and 92. 90 INTRODUCTION declaration, "By his Maiesties Councell for Virginia," dated November 15, 1620.“ The pagination and the signature are consecutive but the style of type is changed. The pamphlets included in all editions are as follows: (1) "By his Maiesties Counseil for Virginia." This is a declaration of the industries which have been established, of the good government which has been formed in the colony so that it "begins to have the face and fashion of an orderly State," and of the purpose of the company in the division of land. (2) "A Note of the Shipping, Men and Prouisions sent to Virginia, by the Treasurer and Company in the yeere 1619." (3) "A Declaration of the Supplies intended to be sent to Virginia in this yeare 1620. 18 Julij, 1620.” (4) "The Names of the Aduenturers, with their seuerall summes aduentured X- * * paid to Sir Thos. Smith," to "Sir Baptist Hicks," and to "Sir Edwin Sandys." (5) "Orders And Constitutions, of the said Companie * * * * * * * for the better gouerning ** Anno 1619, and 1620." 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: (1) An advertisement for laborers, approved to be published on November 17, 1619. (2) A publication which should confute the slander as to the barrenness of the soil in Virginia, ordered November 22. (3) A list of the names of adventurers with the sums adventured, ordered to be drawn up by the treasurer and Dr. Winstone, December 15.0 (4) An apology for Virginia, ordered to be printed June 23, 1620. On June 26 and 28 it was provided that the standing orders should be printed and annexed to the book to be given to all members by order of the council. 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 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. Such a list of adventurers is among the Manchester papers. List of Records, No. 58. UNDER THE SANDYS-SOUTHAMPTON ADMINISTRATION 91 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." 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 Native 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. A broadside is inserted in the copy of this declaration in the John Carter Brown Library, entitled "Virginia Inconveniences," 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 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. List of Records, p. 152, No. 293. c Ibid., No. 292. 92 INTRODUCTION 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;" the other treatise was by John Brinsley and was an encouragement for the advancement of learning and the foundation of schools. Of the same character was a four-page pamphlet, which was published in the same year, declaring the sums which had been collected "towards the building of a free schoole in Virginia."c ' 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. 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. е 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. 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." 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, 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. 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. c List of Records, No. 289. d Court Book, II, November 20, 1622. e Ibid., I, April 12, 1621. f Ibid., I, July 18, 1620. 9 Ibid., I, February 22, 1620/21. UNDER THE SANDYS-SOUTHAMPTON ADMINISTRATION 93 health, fortifications, wealth, and religion of the colony." 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. 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. с 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, 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." 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. 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 a Court Book, I, April 12, June 11, 13, 1621. b Ibid., I, November 19, 21, 1621; March 13, 1621/22. c Ibid., I, July 7, 1619. d Ibid., I, June 24, 1619; January 12, 1619/20. e List of Records, Nos. 28, 29, 71, 78. 94 INTRODUCTION 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." 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." 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. 22 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 a Court Book, I, June 24, 28, July 7, 13, November 3, December 15, 1619. b Ibid., December 23, 1619; January 12, February 2, 1619/20; July 3, 1622. UNDER THE SANDYS-SOUTHAMPTON ADMINISTRATION 95 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." 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." 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 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. 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. 16455-vol 1—06————7 96 INTRODUCTION 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." 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.' 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. 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 •X- * X Assembly" in Virginia, which confirmed the political forms. C 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 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.' List of Records, No. 40, ff. "" c Court Book, I, April 3, May 15, 17, 1620. See also Bruce, Economic History of Virginia. UNDER THE SANDYS-SOUTHAMPTON ADMINISTRATION 97 judicial body, and the assembly, composed of the council and two burgesses from each town or borough, was to be purely a legislative body." 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. 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. 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. 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. с d 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- a List of Records, Nos. 72, 260, 261. b Court Book, I, April 3, May 15, 1620. 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. d List of Records, Nos. 299, 323, 324, 325. 98 INTRODUCTION 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." 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, 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 a For a citation of these letters in the List of Records, see the Index under "Letters." b Post, Vol. II, Index under "College," Education," "Ministers." 99.66 UNDER THE SANDYS-SOUTHAMPTON ADMINISTRATION 99 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." 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." 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 punishments 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, 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. 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. с d 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 a For citation of these documents in the List of Records, see the Index under "Commissions," "Proclamations," "Orders." List of Records, Nos. 138, 139. ¢ Ibid., Nos. 240, 521, 645. dIbid., Nos. 116, 154. Warrants," Dor M 100 INTRODUCTION 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 Welden, 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 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 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. UNDER THE SANDYS-SOUTHAMPTON ADMINISTRATION 101 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." 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 Virginia. 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 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. 102 INTRODUCTION 1 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 statements 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." 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,' and the a The Editor searched the following documents in the Public Record Office for a record or citation of this charter: Sign Manual Warrants, Nos. 11, 13–17. Exchequer, 19 James I. (1621.) Docquet of the Signet Office. Chancery Privy Seal, 19 James I, January-August. (1621.) 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: 22 James I. July, August. (1624.) 7 Charles I. 9 Charles I. 14 Charles I. February, March, October-December. (1631.) August. (1633.) August, September. (1638.) 16 Charles I. April. (1640.) 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. UNDER THE SANDYS-SOUTHAMPTON ADMINISTRATION 103 directions to the commissioners sent to Virginia. 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 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 eighth 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. 104 INTRODUCTION 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 UNDER THE SANDYS-SOUTHAMPTON ADMINISTRATION 105 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 α 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. 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 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. That both of these originated in the Warwick faction has been revealed by the Manchester papers. b 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 a That the Virginia Company had a large number of records which are not now extant has been revealed 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. › List of Records, Nos. 351, 401. cIbid., No. 401. d Ibid., Nos. 388, 395. 107 108 INTRODUCTION 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." 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." 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 houses, 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." 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 a List of Records, No. 467. Printed in full in Le Froy, I, 289–290. b List of Records, Nos. 476 and 478. • See Orders in Council, cited in Ibid., Nos. 506 and 510. FATE OF THE ORIGINAL RECORDS 109 to be broken open, perused or otherwise disposed [of] as they shall find cause." a 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." 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. 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. 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 Com™s 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. Therefore, from November, 1623, until June, a List of Records, No. 513. b Ibid., No 580. For the order in council creating this commission, see Ibid., No. 499. d Ibid., No. 547. e Ibid., No. 593. 110 INTRODUCTION 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." 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." 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 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. 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. 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 e a For the order in council creating this commission, see List of Records, No. 608. b List of Records, No. 683. c Ibid., No. 687. d Ibid., No. 689. e Ibid., No. 701. FATE OF THE ORIGINAL RECORDS 111 kept in charge of the clerk of the commissioners, H. Fotherby, to be used by the commissioners at pleasure." 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 Comissioners, by order from the Lords the 19 of July 1624." 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 be subordinate to the Privy Council. 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. 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 a List of Records, No. 702. b Ibid., No. 689. CA 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. a 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 Laud, 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. 16455-VOL 1—06-8 112 INTRODUCTION 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." b 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, 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 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 Virginia Magazine of History, VII, 40. b Ante, pp. 25, 63. c Documents relating to the History of the Public Record Office, in the Record Office. FATE OF THE ORIGINAL RECORDS 113 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." 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 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. 114 INTRODUCTION 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, FATE OF THE ORIGINAL RECORDS 115 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. a The large number of documents among the Smyth of Nibley papers 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. a Ante, p. 55. LIST OF RECORDS 117 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. CLASSES OF DOCUMENTS I. Fundamental documents, emanating from the Crown. II. The court book of the company. III. Documents issued by the company: instructions, commissions, grants, receipts, official corre- spondence. IV. Records of the colony: court book, orders, reports, letters. V. Publications of the company. VI. Private papers of individual adventurers. VII. Supplementary correspondence and records of nonmembers of the company. 119 : ANT. Society of Antiquaries, London. BEL. BM. British Museum, England. BOD. Bodleian Library, Oxford. CAMB. Cambridge University Library, Eng- land. Symbols Indicating Location of Documents Collection of the Earl of Rutland, Belvoir Castle. CHILD. Collection of J. Eliot Hodgkin, Child- well, Richmond, Surrey. NEWB. Library of Ed. E. Ayer in the New- berry Library, Chicago. New York Public Library. Transcript in New York Public Li- brary. Imperial Library, Paris. Privy Council, London. Pequot Library, Connecticut. Collection of Lord Leconfield, Petworth NY. [NY] P. PC. PEQ. PET. DOV. Borough of Dover, England. House, County Sussex. DROP. Collection of Hon. G. M. Fortescue, PRIV. Private library in New York City. Dropmore, Maidenhead, England. PRO. Public Record Office, London. HARV. Harvard Library, Cambridge, Massa- chusetts. Q. Queens College, Oxford. R. Archives of Jesus, Rome. HL. Repository of the House of Lords, London. READ. Borough of Reading, England SHER. Sherbourne Castle, County Dorset. IPS. Ipswich, England. SUF. JCB. John Carter Brown Library, Provi- dence, R. I. Collection of W. W. Molyneux, Suf- folk County, England. SYON. KP. Collection of Lord Sackville, Knole Park, County Kent. Collection of Duke of Northumber- land, Syon House, England. VHS. Virginia Historical Society, Rich- LAMB. Lambeth Palace Library, London. mond, Virginia. LEI. Leicester, England. WELB. LC. Library of Congress, Washington, D. C. Collection of Duke of Portland, Wel- beck Abbey. [LC] Transcript in Library of Congress, WOD. Collection of Edmund R. Wodehouse, Washington, D. C. esq., England. MC. Magdalene College, Cambridge, Eng- land. WYC. YAR. Borough of Wycombe, England. Yarmouth, England. MONT. Montague House, London. GENERAL ABBREVIATIONS A. L. S. Autograph letter signed. Mag. Magazine. Bull. Bulletin. MS. Manuscript. Col. Collections. Misc. Miscellaneous. Com. Commission. Pub. Public. Co. Company. Rec. Records. D. S. Document signed. Rept. Feport. Hist. Historical, History. Soc. Society. Lib. Library. *Document will be published in this series. L. S. Letter signed. 120 1600-1608] 121 LIST OF THE RECORDS 1600 BEFORE 1609 1.* Reasons against publishing the King's title to Virginia. A justification for planting Virginia. VI. Ref: Tanner MSS., XCIII, fo. 200 (old fo. 352). BOD. [LC] 1606 (?) 2.* “A plaine declaracon, how greatlie the ffarmours of the Tobacco impost have bene endam- aged by that ffarme, and what proffitt and benefitt their labour & travell have brought to his Matie.' BM. [LC] VI. Ref: Lansdowne, Caesar Papers, 156, fo. 58. The date is in the index in the writing of the century. The names mentioned in the docu- ment prove that it was as early as 1612, the date when tobacco was first planted in Virginia. 1606/7 1606/7, FEBRUARY 16-1807/8, FEBRUARY 4 3. Payments for apparel and tobacco for Mr. George Percy sent to him in Virginia. VI. Ref: Rolls of the Duke of Northumberland. Pub: Calendar: Hist. MSS. Com., Sixth Report, 229a. 1607/8 1607/8, FEBRUARY 8-1608/9, FEBRUARY 3 SYON. 4. Payments for Mr. Geo. Percy for necessities for building a house in Virginia and for trinkets. VI. Ref: Rolls of the Duke of Northumberland. Pub: Calendar: Hist. MSS. Com., Sixth Report, 229a. SYON. 1607 I. 6.* 5.* King and Privy Council. Oaths of supremacy and allegiance administered to colonists. Ref: MS. Rec. Virginia Co., Vol. III, pt. i, pp. 20, 20ª. LC. I. Oath of the Secretary of the Colony administered by Governor and Council in Virginia. Ref: MS. Rec. Virginia Co., Vol. III, pt. i, p. 21. LC. 1608 7.* Popham con Havercombe. The President and Council of the Virginia Company v. the master of the "Guift of God," for not sufficiently providing the passengers. Complaint, answer, and judgment. PRO. [LC] III. Ref: Admiralty, Instance and Prize, Libels 73, Nos. 274, 279. This suit concerns the northern colony for Virginia. MAY 28 8. Ralph, Lord Eure. A letter to Sir Robert Harley, stating that Captain Newport has brought over Captain Wingfield, accused of some treachery, but not yet tried. VII. Ref: MSS. of the Duke of Portland. Pub: Calendar: Hist. MSS. Com., Fourteenth Report, pt. 2, p. 5. *Reproduced in the present publication. [LC] Transcript in the Library of Congress. I, II, III, etc., represent the class of document. WELB. 122 [1609-1611 INTRODUCTION 1609 9.* Virginia Council (P). General instructions to the lieutenant governor of Virginia. Copy of the sixth article. III. Ref: MSS. of the Marquis of Lansdowne, Vol. 58. Pub: Calendar: Hist. MSS. Com., Fifth Report, 226. MAY BM. 10.* Virginia Council. "Instrucĉons, orders, and constitucons . . . to St Thomas Gates knight Governor of Virginia . . . by vs his Maiesties Councell for [Virginia.]" BOD. [LC] Ref: Ashmolean MSS., 1147, fos. 175-190a. III. A contemporary copy. 1609 (?)/10 11.* Virginia Council. "Instructions, orders, and constitučons "Instructions, orders, and constitučons . . . to St Thomas West knight Lo: La Warr, . . . by vs his Maties Councell for the Companie of adventurers [for Virginia]." BOD. [LC] III. Ref: Ashmolean MSS., 1147, fos. 191-205a. A contemporary copy. 1609-12 (?) 12.* G[eorge] P[ercy]. "A trew relation of the proceedings and occurents of momente which have happened in Virginia from St Thomas Gates-1609 to my departure, A. D. 1602 [1612]." PET. IV. Ref: MSS. of Lord Leconfield, No. 81, 4th to 17th century, vellum, p. 1. Pub: Catalogue: Hist. MSS. Com., Sixth Report, 307. 1609/10 1609/10, FEBRUARY 7-1610/11, FEBRUARY 6 13. Payments for tobacco for the Earl and Lord Percy and for George Percy in Virginia. VI. Ref: MSS. of the Duke of Northumberland. Pub: Calendar: Hist. MSS. Com., Sixth Report, 229b. 1610 NOVEMBER 18 SYON. 14.* George Yeardley. A letter to Sr Henry Peyton, stating that the country needs only "round and free support of men and money." BOD. [LC] VI. Ref: Eng. Hist. MSS., c. 4, new No., MS. 29724, fo. 3. 1610/11 MARCH 4 15. Town of Ipswich. Order for "adventuring out of the towne treasure one hundred pounds VII. in the voyage to Virginia." Ref: Ext. from General Court Books, 4 March, 8 James I. Pub: Calendar: Hist. MSS. Com., Ninth Report, pt. 1, p. 256. 1611 (?) IPS. MONT. 16. Virginia Council. A letter "to Sr Raphe Winwood, Ambassador," requesting adventurers in the Netherlands, and telling of the prosperous condition of the Colony. Ref: Duke of Buccleuch and Queensberry MSS., Winwood Papers. Pub: Full calendar: Hist. MSS. Com., Report on above, Vol. I (1899), p. 103. III. 1611-1613] 123 LIST OF THE RECORDS 1611 APRIL 17. Sir Thomas Smythe. A letter to Sr Raphe Winwood, Ambassador, acknowledging £72 from above request, and sending the bills of adventure. III. Ref: Duke of Buccleuch and Queensberry MSS., Winwood Papers. Pub: Full calendar: Hist. MSS. Com., Report on above, Vol. I (1899), p. 99. 1611/12 MONT. MARCH 10 18. VII. Bruz. A letter to the Earl of Rutland concerning Dale's departure with three hundred men at expense of £8,000. BEL. Ref: Earl of Rutland Papers. Pub: Calendar: Hist. MSS. Com., Twelfth Report, pt. 4, p. 429. 1612 APRIL 28 19. Sir John Digby. A letter to W. Trumbull concerning the Spanish attitude toward the Virginia plantation, and other letters of similar character. SHER. VII. Ref: George Wingfield Digby MSS., Register of Letters. Pub: Calendar: Hist. MSS. Com., Tenth Report, pt. 1, pp. 576, 583, 600,608, 609. NOVEMBER 25 20.* Virginia Company. Virginia Company con Sir Thomas Mildmaye, James Bryarley, and Matthew de Quester. The bill of complaint addressed to Thos. Lord Ellesmere, Lord Chancellor, with regard to the payment of certain sums adventured. PRO. [LC] III. Ref: Chancery Proceedings, James I, Bundle U, No. 2/27. DECEMBER 11 21.* Sir Thomas Mildmaye. The answer of Sir Thomas Mildmaye to the bill of complaint of the Virginia Company. PRO. [LC] III. Ref: Chancery Proceedings, James I, Bundle U, No. 2/27. 1612/13 JANUARY 11 22.* James Bryarley and Mathewe de Quester. The answer of James Bryarley and Mathewe de Quester to the bill of complaint of the Virginia Company. PRO. [LC] Ref: Chancery Proceedings, James I, Bundle U, No. 2/27. 23. III. JANUARY 26 John Wheeler. John Wheeler to Sir Raphe Winwood requesting adventures in the lottery for himself and others. MONT. III. Ref: Duke of Buccleuch and Queensberry MSS., Winwood Papers. Pub: Calendar: Hist. MSS. Com., Report on above, Vol. I (1899), pp. 122–123. 1613 APRIL 28 24.* Virginia Company. Virginia Company con Sir H. Neville, Sir Geo. Huntleye, Wm. Hall, et al., regarding the payment of sums adventured. The bill of complaint. PRO. [LC] III. Ref: Chancery Proceedings, James I, Bundle U, No. 4/17. 124 [1613-1615 INTRODUCTION MAY 18 25.* Sir George Huntley. The answer of Sir Geo. Huntley to the bill of complaint of the Virginia Company. PRO. [LC] III. Ref: Chancery Proceedings, James I, Bundle U, No. 4/17. OCTOBER 8 26.* Virginia Company. Virginia Company con Sir Edmond Boyd, Sir John Sammes, et al., regarding the payment of sums adventured. The bill of complaint. PRO. [LC] Ref: Chancery Proceedings, James I, Bundle U, No. 2/69. III. NOVEMBER 1 27.* Sir John Sammes. The answer of Sir John Sammes to the bill of complaint of the Virginia Company. PRO. [LC] III. Ref: Chancery Proceedings, James I, Bundle U, No. 2/69. NOVEMBER 15 28.* Virginia Company. Virginia Company con William Leveson, regarding the payment of certain sums collected in the lottery and not surrendered. The bill of complaint. Ref: Chancery Proceedings, James I, Bundle U, Nos. 2/55. PRO. [LC] III. NOVEMBER 30 29.* William Leveson. The answer of William Leveson to the bill of complaint of the Virginia Company. PRO. [LC] III. Ref: Chancery Proceedings, James I, Bundle U, Nos. 2/55. 1613/14 [1613, DECEMBER 29]-1614 [JANUARY 8] 30. J. Luntius. Letters to Sir Raphe Winwood, ambassador, concerning the rumor of a Spanish attack on the Virginia Colony. MONT. VII. Ref: Duke of Buccleuch and Queensberry MSS. Winwood Papers. Pub: Calendar: Hist. MSS. Com., Report on above, Vol. I (1899), pp. 122–123. FEBRUARY 16 31.* William Hall, Esq. The answer of William Hall to the bill of complaint of the Virginia Company. PRO. [LC] III. Ref: Chancery Proceedings, James I, Bundle U, No. 4/17. 1614/15 FEBRUARY 22 32. Privy Council. Order of Privy Council to Lord Howard Effingham, Sir Geo. More, Sir Ed. Howard, and others, requesting cooperation in the lottery and sending books for adventurers' sums. I. Ref: (1) MSS. of E. R. Wodehouse. (2) MSS. of W. W. Molyneux, Esq. Pub: (1) Calendar: Hist. MSS. Com., Thirteenth Report, pt. 4, p. 437. MARCH 3 WOD. Consideration of the "Letters from Lordes of the Counsell concerninge the Lottery for the helpe of the Englishe in Virginia." 33. VII. Ref: Corporation of Reading Records, MS. XLVIII, a. Pub: Calendar: Hist. MSS. Com., Eleventh Report, pt. 7, p. 211. READ. 1615-1617] 125 LIST OF THE RECORDS 1615 APRIL 13 34. Action of the assembly. Every alderman to urge inhabitants to adventure in the Virginia lottery. YAR. Ref: Corporation of Great Yarmouth. Records, 40 Elizabeth to 12 James 1, Assem- bly Book. D (j). VII. Pub: Calendar: Hist. MSS. Com., Ninth Report, pt. 1, p. 319. 1615/16 FEBRUARY 10 Certificate for 104 lbs. of midding tobacco from Virginia. 35. III. Ref: MSS. of the Earl De La Warr. Pub: Calendar: Hist. MSS. Com., Fourth Report, 314. 1815/16, MARCH 6-1623, JUNE 9 36.* Shareholders in the Virginia Company from 1615–1623. VI. Ref: State Papers, Colonial, James I, Vol. II, No. 33. Pub: Virginia Magazine of History and Biography, IV, 299–310. Transcript in the N. Y. Public Library, Bancroft, I, 203–205. 1616 DECEMBER 19 KP. PRO. [NY] 37. Virginia Company. A letter to the mayor of Salisbury concerning a college for Virginia. III. Pub: New England Historical and Genealogical Register. 1616/17 38.* Virginia Council. A proclamation by His Majesty's Council for Virginia giving license to any in Virginia to return, by obtaining permission from the governor. NY. III. Ref: Smyth of Nibley Papers. Pub: Brown, Genesis of the United States, II, 797–798. 1617 JUNE 7 39.* Governor Argall. A letter and proclamations or edicts as to sale of goods and banishment of John Hudson. (1) LC. (2) VHS. IV. Ref: (1) Misc. Papers, 1606-1683, quarto. (Abstract only.) (2) MS. Coll. Va. Hist. Soc., John Randolph MSS., III, 91. Pub: Va. Mag. of Hist., IV, 28-29. Cited from "No. 41A Register book during the Goumt, of Sam¹ Argall Esqr admiral, & for yo time p'sent, principal Gour. of Virga.," a record not now known to be in existence. JUNE 8 40.* John Rolfe. Letter to Sir Edwin Sandys, giving the story of the journey from Plymouth and the good condition of the colony, though in need of clothing. IV. Ref: Ferrar Papers. Pub: Va. Mag. of Hist., X, 134–138. A. L. S. Endorsed by Sir Edwin Sandys. MC. 126 [1617 INTRODUCTION JULY 18-AUGUST 31 41.* Privy Council. Orders for transportation of prisoners, mentioned by name, to Virginia. I. Ref: Privy Council Register, James I, Vol. III, 91, 121. Pub: Mass. Hist. Soc. Coll., ser. 4, Vol. IX, pp. 1-4. Transcript in N. Y. Pub. Lib., Barlow Papers, Virginia, Vol. I. OCTOBER 20 PC. [NY] 42.* Governor Argall. Pardon to George White for running away to the Indians with arms and ammunition; also to Arthur Edwards and to Henry Potter. (1) LC. (2) VHS. Ref: (1) Misc. Papers, 1606–1683, quarto. (Abstract only.) (2) MS., Coll. Va. Hist. Soc., John Randolph MSS., III, 91. IV. See No. 40, Remarks. Commission to trade to north parts of Virginia and for commanders of the several hundreds. (1) LC. (2) VHS. 43.* IV. Ref: See under No. 40. See No. 40, Remarks. 44.* IV. Appointment of William Powell, captain of guards belonging to the governor and lieutenant-governor and commander of James Town. (1) LC. (2) VHS. Ref: See under No. 40. See No. 40, Remarks. 45.* Commission to trade in south parts and in the bay. IV. Ref: See under No. 40. (1) LC. (2) VHS. See No. 40, Remarks. 46.* IV. Commission to Captain Nathaniel Pool to be serjeant major general. Ref: See under No. 40. (1) LC. (2) VHS. See No. 40, Remarks. 47.* IV. Commission to Francis West, master of ordinance, during life. Ref: See under No. 40. (1) LC. (2) VHS. See No. 40, Remarks. 48.* IV. Commission to Nathaniel West, to be captain of the Lord General's company. Ref: See under No. 40. (1) LC. (2) VHS. See No. 40, Remarks. NOVEMBER 12 49. Sir Edwin Sandys. A letter to the Puritans. III. Pub: Neill, Virginia Company of London, 124-125. NOVEMBER 15 50.* Governor Argall. Confirmations as to cattle. IV. Ref: See under No. 40. See No. 40, Remarks. NOVEMBER 27 (1) LC. (2) VHS. 51.* Citizens of Bermuda Hundred. A letter signed by the recorder and nine other citizens claiming West and Shirley hundreds as belonging to them. (1) LC. (2) VHS. IV. Ref: See under No. 40. See No. 40, Remarks. 1617-1618 127 LIST OF THE RECORDS NOVEMBER 30 52.* Governor Argall. Letter to citizens of Bermuda Hundred that he will not infringe their rights but begs that colony servants may remain there this year. (1) LC. (2) VHS. Ref: See under No. 40. IV. See No. 40, Remarks. DECEMBER 4 53 Privy Council. Order that the Virginia Company should be custom free for goods returned from the Colony until expiration of the grant. PC. [NY] I. Ref: Privy Council Register, James I, Vol. III, p. 201. Transcript, New York Public Library, Barlow Papers, Virginia, Vol. I. DECEMBER 27 54.* Lord De La Warr. Lord De La Warr's covenant to Lord Zouch for his adventure to Virginia. VII. Ref: State Papers, Colonial, James I, Vol. I, No. 36. PC. [NY] Pub: Sainsbury, Calendar of State Papers, Colonial, p. 18. Transcript, New York Public Library, Bancroft Collection, Virginia Papers, Vol. I, pp. 199-201. 1617/18 55.* Governor Argall. "Certain Reasons touching yª most convenient times & seasons of yº year for y magazine ship to set forth for Engld towards Virg.a", (1) LC. (2) VHS. Ref: See under No. 40. See No. 40, Remarks. Letter to the Council for Virginia, wishing to be relieved as governor, complaining because they have joined the cape merchant with him in equal trust. Ref: See under No. 40. IV. 56.* IV. (1) LC. (2) VHS. 57.* IV. Four warrants as to trade and relations with the Indians. Ref: See under No. 40. (1) LC. (2) VHS. See No. 40, Remarks. [1618 ?] See No. 40, Remarks. 58.* A complete list in alphabetical order of the "Adventurers to Virginia," with the several amounts of their holding. PRO. III. Ref: Manchester Papers, No. 241. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 33. The date may be 1619. See an order of the Virginia Company Court Book, Dec. 15, 1619, and June 23, 1620. 59.* Defalcation made to the farmers of the customs for the subsidy of goods from and to Virginia, 1613-18. III. Ref: MSS. collection of Lord Sackville. Pub: Calendar: Hist. MSS. Com., Eighth Report, 251. KP. 60.* Abraham Jacob. Receipt of tobacco from Lady-day to Michaelmas; Michaelmas to January 23. Total of £5,646 18s. 6d. KP. III. Ref: MSS. collection of Lord Sackville. Pub: Calendar: Hist. MSS. Com., Fourth Report, 314. 16455-vol 1—06————9 128 [16\17/18 INTRODUCTION 1617/18 L JANUARY 18 PRO. 61. John Chamberlain. A letter to Sir Dudley Carleton concerning the death of Pocahontas. VII. Ref: State Papers, Domestic, James I, Vol. 40, No. 25. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 18. 62. 63. JANUARY 27 John Robinson and William Bruster (Puritans). Letter to Sir John Wolstenholme. VI. Pub: Neill, E., Virginia Co. of Lond., 125–126. JANUARY 31 John Chamberlain. A letter to Sir Dudley Carleton concerning the departure of Lord La Warr for Virginia. VII. Ref: State Papers, Domestic, James I, Vol. 45, No. 27. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 19. FEBRUARY 3 PRO. 64.* Governor Argall. Order addressed to the commander of Kiquotan not to permit landing of sailors on arrival of vessels. IV. Ref: Misc. Papers, 1606-1683, quarto. (Abstract only.) LC. See No. 40, Remarks. FEBRUARY 20 65.* Governor Argall. Commission to William Cradock to be provost marshal of Bermuda City and Hundred. IV. Ref: Misc. Papers, 1606-1683, quarto, pp. 92-93. (Abstract only.) LC. See No. 40, Remarks. MARCH 5 66.* Privy Council. Letter to Lord De La Ware stating that Henry Sherley, an escaped debtor is not to be harbored in Virginia. PC. Ref: (1) Privy Council Register, James I, Vol. III, p. 295. (2) State Papers, Domes- tic, James I, Vol. 46, p. 527. I. MARCH 10 67.* Governor Argall. Letter to the Virginia Company describing the ruinous condition in which he found the colony and the improvements he had made. Ref: Misc. Papers, 1606–1683, quarto. (Abstract only.) IV. LC. See No. 40, Remarks. MARCH 16 68. John Chamberlain. A letter to Sir Dudley Carleton, concerning the departure of Lord La Warr for Virginia. PRO. VII. Ref: State Papers, Domestic, James I, Vol. 45, No. 63. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 19. MARCH 20 69.* Privy Council. Orders for transportation of prisoners, mentioned by name, to Virginia. I. Ref: Privy Council Register, James I, Vol. III, p. 319. PC. 1618] 129 LIST OF THE RECORDS 1618 MARCH 29 70. Virginia Company. A letter to the mayor of Salisbury concerning a college for Virginia. III Pub: New England Hist. and Geneal. Register. 71.* MAY 2. overnors of the Virginia Company. Letter to the mayor and aldermen of Leicester, soliciting countenance of the lottery for the furtherance of the endeavor of the said company. LEI. III. Ref: Corporation of Leicester, 6th vol. of Hall Papers. VIII. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 1, p. 435. MAY 3 72.* Lord Admiral Nottingham's pass for the "Edwin" of London, returned from Virginia. VI. Ref: State Papers, Domestic, James I, Vol. XCVII, No. 56. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 538. MAY 4 PRO. 73.* John Bargrave and James Brett. John Bargrave, owner, and James Brett, master of "Edwin;" bond for £100 to indemnify Lord Zouch for delivering the ship to them. Ref: State Papers, Domestic, James I, Vol. XCVII, No. 56. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 538. VI. MAY 10 74.* Governor Argall. Proclamations or edicts relating to attendance at church. IV. Ref: Misc. Papers, 1606-1683, quarto. (Abstract only.) See No. 40, Remarks. MAY 18 75.* Governor Argall. Proclamations or edicts regulating acts of colonists as to trade. IV. Ref: Misc. Papers, 1606-1683, quarto. (Abstract only.) See No. 40, Remarks. PRO. LC. LC. 76.* Sir E. Sandys, H. Timbertake, J. Ferrar. Meeting of a committee for Smythes Hundred to provide for transportation and furnishing of 35 men to be sent to the Colony, giving method of Hundreds. MC. [LC] IV. Ref: Ferrar Papers. Photograph and transcript in Library of Congress. Corrections by Nicholas Ferrar and address and notes by J. Ferrar. JUNE 11 77.* Lord Zouch. Letter to Captain Ward concerning the venture of a pinnace to Virginia with John Bargrave. VI. Ref: State Papers, Domestic, James I, Vol. CIII, No. 44. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 19. JUNE 12 PRO. 78.* Governors of the Virginia Company. Letter to the mayor and aldermen of Leicester Account of drawings of lottery, June 12, 1618. LEI. III. Ref: See under No. 75. Pub: See under No. 75. 130 [1618 INTRODUCTION JUNE 14 79.* Privy Council. Order for the transportation of prisoners to Virginia. I. Ref: See under No. 41. Pub: See under No. 41. AUGUST 23 PC. 80. Virginia Company. Letter to Capt. Samuel Argoll sent by the "William and Thomas” concerning his abuse of the company's property. III. Ref: MS. Court Book, Virginia Co., II, 23. LC Pub: (1) Kingsbury, Records Virginia Co., II. (2) Brock, Virginia Company, II, 31–33. AUGUST 23 81. Virginia Company. An extract from a copy of a letter sent to Lord De La Warr, by “Wililam and Thomas," touching Capt. Samuel Argoll. LO. III. Ref: MS. Court Book, Virginia Co., II, 29. Pub: (1) Kingsbury, Records Virginia Co., II. (2) Brock, Virginia Company, II, 33–35. OCTOBER (P) 82.* Captain Andrews. A letter to Lord Zouch, concerning his intended voyage to Virginia with Jacob Braems. PRO. [NY] VII. Ref: State Papers, Domestic, James I, Vol. CIII, No. 33. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 19. Transcript in N. Y. Public Library, Bancroft Collection, Virginia Papers, I, p. 227–233. OCTOBER 14 83. John Chamberlain. A letter announcing the death of Lord La Warr and the shipping of 100 boys and girls to Virginia by "City.” VI. Ref: State Papers, Domestic, James I, Vol. CIII, No. 33. Pub: Calendar, State Papers, Domestic, James 1, 1611-1618, p. 548. OCTOBER 19 PRO. 84. Sir Ed. Hext. A letter from the justice of peace of Somersetshire, to the Privy Council, concerning the impressment of maidens to be sent to Virginia. PRO. VII. Ref: State Papers, Domestic, James I, Vol. CIII, No. 42. Pub: (1) Va. Mag. of Hist., VI, 228–230. (2) Sainsbury, Calendar of State Papers, Colonial, 19. OCTOBER 25 85.* John Pory. A letter to Sir Dudley Carleton, concerning the appointment of Sir Geo. Yeardley as governor of Virginia. VII. Ref: State Papers, Domestic, James I, Vol. CIII, No. 46. Pub: Sainsbury, Calendar of State Papers, Colonial, pp. 19-20. NOVEMBER 18 86. Virginia Company. The form of a patent of land. III. Pub: Brown, First Republic, 605-606, note. 87.* Virginia Council. Proprietary instructions to George Yeardley, governor of Virginia. PRO. (1) LC. (2) VHS. III. Ref: (1) Misc. Records 1606-1692, pp. 72-83. (2) Randolph MSS., III, 44–160. Pub: Virginia Magazine of History and Biography, II, 154–165. 1618-1618/19] 131 LIST OF THE RECORDS NOVEMBER 28 88.* John Pory. A letter to Sir Dudley Carleton, concerning Pory's appointment as secretary of Virginia. VII. Ref: State Papers, Domestic, James I, Vol. CIII, No. 111. Pub: Calendar, State Papers, Domestic, James I, 1611-1618, p. 598. PRO. 89.* John Chamberlain. A letter stating that Yeardley, "a mean fellow," goes to Virginia as governor, knighted by King, and flaunts the same. VII. Ref: State Papers, Domestic, James I, Vol. CIII, No. 110. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 20. NOVEMBER 30 PRO. 90.* Privy Council. A warrant to send James Stringer, a reprieved prisoner, from Newgate to Virginia. I. Ref: Privy Council Register, James I, Vol. IV, 53. PC. 1619 91.* Ferdinando Yate. VI. “The voyage . . . to verginia,” a story of the journey. Ref: Smyth of Nibley Papers, 13. Pub: N. Y. Pub. Lib. Bull., I 70–72. NY. Autograph document. The voyage was probably in September, and the account written in January. 92.* Virginia Company. "Anote of the shipping, men, and Provisions, sent to Virginia by the Treasurer and Company, in the yeere 1619." Printed: 1619. (1) NY. (2) KP. III. Ref: (1) Broadside. (2) MSS. in the Collection of Earl De La Warr. Pub: (1) Force, Tracts, III, No. V. (2) Va. Mag. of Hist., VI, 231–2. This broadside is usually included in the Declaration of the State of Virginia, 1620. See post, No. 188. [1619] 93.* [John] Delbridge [Yeardley]. A letter to Sir Edwin Sandys, concerning Captain Argoll and the specific affairs of the colony upon his arrival. MC. [LC] Ref: Ferrar Papers. IV. An indorsement in a later hand gives letter as from Delbridge. Autograph is Sr Geo. Yeard- ley's. Written soon after April 29, 1619. [Photographic reproduction of part, and transcript in the Library of Congress.] 94.* Sir Geo. Yeardley. A letter to [Sir Edwin Sandys] concerning the seating of old settlers, Captain Argoll, tobacco sent to Flushing, and relations with Opochancono. MC. [LC] Ref: Ferrar Papers. IV. A. L. 95.* Sale of ship "New Year's Gift," to Robert, Earl of Warwick, by Roger Dunster and John Thompson. VII. Ref: Manchester Papers, No. 248. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 33. 1618/19 PRO. FEBRUARY 3 96. Lord Russell. A letter to Sir Clement Edwardes, concerning a prisoner to be sent to Virginia. Ref: State Papers, Domestic, James I, Vol. CV, No. 75. VII. Pub: Calendar, State Papers, Domestic. PRO. 132 [1618/19-1619 INTRODUCTION 97.* Indenture between Sir Wm. Throckmorton and the Virginia Company et al., for a plantation in Virginia. NY. III. Ref: Smyth of Nibley Papers, Smyth 3 (4), pp. 53-58. Pub: N. Y. Pub. Lib. Bull., 1899, III, 161–164. A contemporary copy. FEBRUARY 4 98. Wm. Ward. A letter to Lord Zouch, warden of Cinque Ports, concerning Mr. Upton as captain of a pinnace to Virginia. CHILD. VI. Ref: MS. collection of J. Eliot Hodgkin, esq., F. S. A. Pub: Calendar: Hist. MSS. Com., Fifteenth Report, pt. 2, p. 279. FEBRUARY 15 99.* Lord Zouch. A warrant for John Fenner, captain of "Silver Falcon," and Henry Bacon, master, to pass to Virginia, and trade with colony and savages. PRO. [NY] VI. Ref: State Papers, Colonial, James I, Vol. I, No. 44. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 21. Transcript, New York Public Library, Bancroft Papers, I, pp. 235–237. FEBRUARY 18 100.* Sir Wm. Throckmorton and others. A letter to Sir Geo. Yeardley, concerning a patent for their Virginia plantation. VI. Pub: Calendar: N. Y. Pub. Lib. Bull., 1899, Vol. III, p. 165; I, p. 187. Ref: Smyth of Nibley Papers, 4. A contemporary copy. FEBRUARY 25 NY. PC. 101.* Privy Council. An order concerning the ship "Treasurer," and its offence against Spaniards. I. Ref: Privy Council Register, James I, Vol. IV, 433. Pub: Brown: First Republic, 358. MARCH 102.* Grant to Abraham and John Jacobb, collector of customs or imposts on tobacco imported into England and Wales. Yearly fee £150. PRO. I. Ref: Docquet Book, Signet Office. 1619 APRIL 10 103.* Sir Wm. Throckmorton. A letter to John Smyth, concerning the plantation in Virginia. VI. Ref: Smyth of Nibley Papers, Smyth, 6. Pub: Calendar: N. Y. Pub. Lib. Bull., I, 187. A. L. S. with seal. APRIL 13 NY. 104.* Richard Berkeley. A letter to John Smyth, of Nibley, concerning the plantation in Vir- ginia. VI. Ref: Smyth of Nibley Papers, Smyth, 5. Pub: Calendar: N. Y. Pub. Lib. Bull., I, 187. A. L. S. with seal. NY. 1619] 133 LIST OF THE RECORDS APRIL 27 105.* Sandys, Harwood, Wolsenhan, Rich, Johnson. Draft of a report of a committee describing the "particular duties" of the several officers of the Virginia Company. Ref: Manchester Papers, No. 245. III. PRO. Pub: (1) Brown, First Republic, 301-305. (2) Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 33. 1619, APRIL 28-1624, JUNE 7 106.* Virginia Company. The Court Book of the Virginia Company of London; the minutes of the extraordinary, preparative, and general quarter courts from 1619, April 28, to 1624, June 7, except May 20, and the first part of May 22, 1620, which are missing. LC. Ref: MS. Rec. Virginia Co., Vols. I, II. II. Pub: (1) Kingsbury, Records Virginia Co., Vols. I, II. (2) Brock, Virginia Company, Vols. I, II. (Extracts.) A contemporary copy, attested by the secretary of the company, Edward Collingwood. APRIL 28-JULY 21 107.* Notes made from the Court Books [of the Virginia Company] "concerning the manner of levying public charges," etc., 1619, April 28-July 21. II. Ref: Manchester Papers, No. 246. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 33. MAY 8 PRO. 108. John Chamberlain. A letter to Sir Dudley Carleton, concerning election of Sir Edwin Sandys, treasurer of the Virginia Company. VII. Ref: State Papers, Domestic, James I, Vol. CIX, No. 18. Pub: Calendar, State Papers, Domestic, p. 44. MAY 28 109. Governor Argoll. An enactment fixing the limits of Jamestown, Virginia. IV. Ref: MS. Court Book, Virginia Co., II. PRO. LC. Pub: (1) Kingsbury, Rec. Virginia Co., II, Index. (2) Brock, Virginia Company, II, 37. JUNE 17, 21 110.* Treasurer and Council for Virginia. (1) A commission to Wye. (2) A letter to Sir Geo. Yeardley, expressing pleasure at reforms enacted and outlining policy toward the Indians. III. Ref: Admiralty Court, Instance and Prize, Libels 80, No. 123. In the records of the suit of the Virginia Company with Wye, 1620. See post, No. 148. JULY 2 PRO. 111.* Geo. Thorpe. A letter to John Smithe, of Nibley, concerning the expenses of a voyage to Virginia. VI. Ref: Smyth of Nibley Papers, Smyth, 7. A. L. S. with seal. Pub: Calendar: N. Y. Pub. Lib. Bull., I, 187. NY. JULY 8 112.* "The Counsell of Virginia." Copy of minutes relating to the censure passed on Alderman Johnson by a committee of the Council of Virginia. PRO. III. Ref: Manchester Papers, No. 250. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 33. 134 [1619 INTRODUCTION 113.* A short draft of censure against Alderman Johnson abandoned in favor of "the preceding." III. Ref: Manchester Papers, No. 251. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 34. JULY 20 114.* Geo. Thorpe. A letter to John Smyth, concerning Partridge's misbehavior. VI. Ref: Smyth of Nibley Papers, Smyth, 8. Pub: Calendar: N. Y. Pub. Lib. Bull., I, 187. A. L. S. with seal. 115.* Sir Geo. Yeardley. A letter concerning Argoll's letters from Lord Ritch. IV. Ref: Ferrar Papers. A. L. S. JULY 30, 31; AUGUST 2, 3, 4 PRO. NY. MC. [LC] IV. 116.* Mr. Pory. "A Reporte of the manner of Proceeding in the General Assembly convented at James City." In the autograph of John Pory indorsed by Sir Dudley Carleton. Ref: State Papers, Domestic, James I, Vol. I, No. 45. PRO. [NY] Pub: (1) Wynne and Gilman, Colonial Records of Virginia. (State Senate Document, extra) Richmond, 1874, pp. 1-32. (2) New York Hist. Soc., 2d ser., III, 335. (3) Sainsbury, Calendar of State Papers, p. 22. Transcript in N. Y. Public Library, Barlow Papers; Bancroft Papers, I, 251–343. JULY, AUGUST, AND SEPTEMBER 117.* The cost of furnishing the "Margaret." Payment for things bought in London by Mr. Thorpe in July, August, and September, 1619. VI. Ref: Smyth of Nibley Papers, Smyth, 3 (13)-(16), pp. 79–93. Pub: N. Y. Pub. Lib. Bull., III, 213–223. NY. AUGUST 3 118.* Sir Ed. Sandys. A letter to Sir George Yeardley, commending to him the care of Berkeley Hundred. NY. VI. Ref: Smyth of Nibley Papers, Smyth 3 (12), p. 78. Pub: Catalogue: N. Y. Pub. Lib. Bull., I, 186. AUGUST 11 119.* Gabriel Barbor. A letter to Sir Ed. Sandys, recommending Mr. Newland. Ref: Ferrar Papers. VI. A. L. S. written from Exeter. AUGUST 16 MC. 120.* Sir Ed. Sandys. A letter to John Ferrar, concerning the factions in the company and concerning Smith's Hundred. MC. [LC.] VI. Ref: Ferrar Papers. A. L. S. AUGUST 18 121.* Charter party with Mr. Williams, of Bristol, for the hire of his ship "Margaret." Ref: Smyth of Nibley Papers, Smyth, 3 (17), pp. 94-96. VI. NY. Pub: (1) N. Y. Pub. Lib. Bull., III, 165–167. (2) Calendar: Hist. MSS. Com., Fifth Report, pt. 1, p. 341. 1619] 135 LIST OF THE RECORDS SEPTEMBER 122.* Remembrances for Captain Woodleefe against the return of the ship. VI. Ref: Smyth of Nibley Papers, Smyth, 3 (8), pp. 71–72. NY. Pub: Catalogue: N. Y. Pub. Lib. Bull., I, 186. 123.* "A lyst of the men nowe sent for plantacon vnder Captayne Woodleefe governor." VI. Ref: Smyth of Nibley Papers, Smyth, 3 (9), pp. 73–75. Pub: N. Y. Pub. Lib. Bull., III, 210-212. SEPTEMBER 4 NY. 124.* Sir Wm. Throckmorton et al. A commission to Capt. John Woodleefe as governor of the town of Barkley in Virginia, and to act as chief merchant for them. VI. Ref: Smyth of Nibley Papers, Smyth, 3 (5), pp. 59–60. Pub: Catalogue: N. Y. Pub. Lib. Bull., I, 186. NY. 125.* An agreement between Sir Wm. Throckmorton, Richard Berkeley, Geo. Thorpe, John Smyth, and Capt. John Woodleaf, giving the terms. VI. Ref: Smyth of Nibley Papers, Smyth, 9, also 3 (7), pp. 64–70. Pub: N. Y. Pub. Lib. Bull., III, 167-171. 126.* Wm. Throckmorton, Rich. Bearkley, et al. NY. "Ordinances direccions and Instructions to Captaine John Woodlefe for the goverment of or men & servants in the Towne and hundered of Bearkley in Virginia." NY. VI. Ref: Smyth of Nibley Papers, Smyth, 10, also 3 (6), pp. 61-63. Pub: N. Y. Pub. Lib. Bull., III, 208–210. SEPTEMBER 7 127.* Indenture between the four adventurers of Berkeley Hundred and Robert Coopy of North Nibley. VI. Ref: Smyth of Nibley Papers, Smyth, 11. Pub: Calendar: N. Y. Pub. Lib. Bull., I, 187. Original document with seals affixed. SEPTEMBER 9 NY. 128.* Sir William Throckmorton and his three associates. Letter dated at Bristol to Sir George Yeardley, asking him to join in the project. NY. VI. Ref: Smyth of Nibley Papers, Smyth, 3 (11), p. 77. Pub: Catalogue: N. Y. Pub. Lib. Bull., I, 186. SEPTEMBER 15 1.29.* The Certificate of John Lwye, the mayor of Bristol, relating to the men shipped under Capt. John Woodleefe. NY. VI. Ref: Smyth of Nibley Papers, 3 (10), p. 76. 1619-20 1819, SEPTEMBER 18-1620, SEPTEMBER 16 130.* Account of A. B. of the expenses of the last voyage, from September 16, 1619, to September 16, 1620. VI. Ref: Smyth of Nibley Papers, Smyth, 3 (32), pp. 140–141. Pub: Catalogue: N. Y. Pub. Lib. Bull., I, 186. NY. 136 [1619 INTRODUCTION 1619 SEPTEMBER 20 131.* Sir Edwin Sandys. A letter to John Ferrar, urging a steadfast policy and the securing of MC. [LC] warrants. VI. Ref: Ferrar Papers. A. L. S. SEPTEMBER 29 132.* Sir Edwin Sandys (?). A letter to the [Earl of Southampton], concerning plans for planters and Yeardley's resignation. MC. [LC] VI. Ref: Ferrar Papers. A rough draft in Sandys' autograph. SEPTEMBER 30 133.* John Pory. A letter to "the Right Honble and my singular good lorde" from James city in Virginia, concerning the expedition of Captain Argall to the West Indies; the need of the English plough, vines, and cattle in the colony; the success of some of the colonists in acquiring wealth. NY. IV. Ref: Barlow Collection, 2270. A. L. S. OCTOBER 2 134.* Gabriel Barbor. A letter to Sir Edwin Sandys, concerning the ease with which money was collected for the lottery. MC. [LC] VI. Ref: Ferrar Papers. A. L. S. OCTOBER 4 135.* Sir Edwin Sandys. A letter to John Ferrar, concerning entries in the Court Book. VI. Ref: Ferrar Papers. OCTOBER 18 MC. [LC] 183.* Sir Edwin Sandys. A letter to John Ferrar, concerning factions in the company and his own finances. MC. [LC] VI. Ref: Ferrar Papers. Pub: Virginia Mag. Hist. and Biog., X, 416-417. A. L. S. NOVEMBER 6 137.* Privy Council. A letter to Abraham Jacobs to release the tobacco to the Virginia Company. I. Ref: Privy Council Register, James I, Vol. IV, p 358. PC. NOVEMBER 11 138.* Council in Virginia. "The putting out of the Tenants that came over in the B. N. wth other orders of the Councell." MC. [LC] • III. Ref: Ferrar Papers. Indorsement and marginal notes in John Ferrar's handwriting. Photographic reproduction and transcript in the Library of Congress. NOVEMBER 12 189.* Governor and Council in Virginia. An order appointing tasters of tobacco. III. Ref: Ferrar Papers. Photographic reproduction and transcript in the Library of Congress. MC. [LC] 1619-1620] 137 list of the rRECORDS DECEMBER 4 140.* Sir George Yeardley. Certificate with regard to the arrival of the "Margaret" in Virginia, with the names of passengers. NY. IV. Ref: Smyth of Nibley Papers, Smyth, 3 (18), p. 97. Pub: Catalogue: N. Y. Pub. Lib. Bull., I, 186. DECEMBER 30 141.* James I. Printed proclamation to restrain the planting of tobacco in England and Wales. (1) PRO. (2) KP. (3) ANT. (4) Q. Ref: (1) Proclamations, James I, No. 74. (2) Earl DeLa Warr Collection. (3) Anti- quaries. (4) Collections of proclamations. I. Pub: Calendar: Hist. MSS. Com., Fourth Report, pt. 1, p. 299. [1620] (?) 142.* Adventurers and Planters. Copy of a petition to the "Lds & rest of the body politic for the state of his Maj's Colony in Virginia," from "many of 1 person, adventurers & planters willing and ready to prepare thither.” III. Ref: Manchester Papers, No. 247. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 33. PRO. 143.* Sir Nathaniel Rich (?). Statement, possibly intended for a speech before Virginia Company in defense of the Earl of Warwick. PRO. III. 144.* Ref: Manchester Papers, No. 279. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, pp. 35–36. Rough notes for his defense before the council of the Virginia Company on the charge of having altered an order of the council, which he had been requested to draw up. III. Ref: Manchester Papers, No. 280. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 36. PRO. 145.* Rough draft of proposition affecting the Virginia Company, viz, that matters in dispute between them and Captain Argall be referred to arbitration, etc. III. Ref: Manchester Papers, No. 281. PRO. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 36. 146.* List of names of His Majesty's council for Virginia, given in the three patents and since. PRO. III. Ref: Manchester Papers, No. 288. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 37. [EARLY] 147.* Governor Nath. Butler. A letter to [Sir Nath. Rich] (?) from the Summer Island colony, referring to the "Treasurer." IV. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 35. Ref: Manchester Papers, Nos. 269–270. 1620-22 148. Capt. Nath. Butler. History of the Bermudas. VII. Ref: Sloane MSS., 750. PRO. BM. Pub: LeFroy, The Historye of the Bermudoes. 1620 TRINITY TERM 149.* Virginia Company con Wye. Complaint and accompanying documents. III. Ref: Admiralty court, Instance & Prize, Libels 80, Nos. 121–124. See ante No. 110. PRO. 138 [1620-1619/20 INTRODUCTION 1620 V. 150. Banoeil. "Observations to be followed, for the making of fit roomes, to keepe Silk-wormes in: as also, for the best manner of planting Mulbery trees to feed them." Printed. (1) JCB. (2) NY. Quarto. 21 pages. Imprinted Felix Kingston. Pages 25-27 missing, evidently misnum- bered. This work contains post No. 151, pp. 25-28. Reprinted, 1622. See post No. 347. 151. *Virginia Company. "A Valuation of the Commodities growing and to be had in Virginia (?) rated as they are worth." Printed. (1) PRO. (2) BOD. (3) JCB. (4) NY. Ref: (1) State Papers, Colonial, James I, Vol. I, No. 24 (MSS.). (2) MSS. No. 50º, 14. Included in the printed book, cited above, No. 150. V. 152.* Virginia Company. "A note of Shipping, Men, and Provisions, sent and Prouided for Virginia." Printed. (1) BM. (2) ANT. (3) PRO. Ref: (2) Printed broadsides, James I, No. 180. (3) Manchester Papers, No. 291. V. 1619/20 JANUARY 153.* John Peirse. John Peirse to Sir Edwin Sandys by the "George." IV. Ref: Ferrar Papers. A. L. S. JANUARY MC. [LC] 154.* John Rolfe. A letter to Sir Ed. Sandys, concerning the first meeting of the Assembly and other details of the Colony. MC. [LC] IV. Ref: Ferrar Papers. JANUARY 10 NY. 155.* Sir Geo. Yeardley. "Sr. Geo: Yardles 1'r 10. Jan: 1619: of the Place assigned for our Berkely." VI. Ref: Smyth of Nibley Papers, Smyth, 14. Pub: N. Y. Pub. Lib. Bull., I, 72. A. S. JANUARY 18 156.* John Pory. A letter to [Sir Ed. Sandys] by the "George," concerning Samuel Argall. IV. MC. Ref: Ferrar Papers. [Photographic reproduction of part and transcript in the Library of Congress.] A. L. S. JANUARY 14 [LC] 157. John Pory. A letter to Sir Edwin Sandys, concerning the arrival and location of men. MC. IV. Ref: Ferrar Papers. Pub: Va. Mag. of Hist., X, 289–290. [Photograph of beginning and of end, Vol. X, pp. 416-417.] A. L. S. JANUARY 16 158.* John Pory. A letter to Sir Edwin Sandys, concerning Gov. Yeardley and also various com- modities. MC. [LC] IV. Ref: Ferrar Papers. L. 8. JANUARY 21 159. Council in Virginia. Letter from colony to company concerning tobacco. LC. IV. Ref: MS. Court Book, Virginia Co., II, 220. Pub: (1) Kingsbury, Records Virginia Co., post, II; (2) Brock, Virginia Company, II, 116. 1 1619/20-1620] 139 LIST OF THE RECORDS JANUARY 28 160. Sir Edwin Sandys. A letter to Sir Robt. Naunton, concerning the poor children to be sent to Virginia. III. Ref: State Papers, Domestic, James I, Vol. 112, No. 49. PRO. Pub: Va. Mag. of Hist., VI, p. 232; Sainsbury, Calendar of State Papers, Colonial, p. 23. JANUARY 31 161.* Privy Council. Order giving authority for 100 children to be sent to Virginia. I. Ref: Privy Council Register, James I, Vol. IV, p. 400. FEBRUARY 162.* Charges incurred in obtaining for the plantation new supplies sent with Governor Thorpe. VI. Ref: Smyth of Nibley Papers, Smyth, 3 (19), pp. 98–99. PC. NY. Pub: Catalogue: N. Y. Pub. Lib. Bull., I, p. 186. FEBRUARY 2 163. Sir John Danvers. A letter to the Marquis of Buckingham, concerning a proposition for his Majesty's profit. DROP. VII. Ref: MSS. of Hon. G. M. Fortescue. Pub: Calendar: Hist. MSS. Com., Second Report, p. 57. FEBRUARY 25 164.* Jas. Berblocke. Order to Mr. Ferrar to pay £32 to Thomas Stevens for Smith's Hundred. VI. Ref: Ferrar Papers. MC. [LC] [Photographic reproduction of the end in the Library of Congress.] FEBRUARY 25 165.* Privy Council. An order concerning the offence of the "Treasurer" against the Spaniards. I. Ref: Privy Council Register, James I, Vol. IV, p. 433. PC. Pub: Brown, First Republic, 358. MARCH 8 166.* Wm. Weldon. A letter to Sir Ed. Sandys, complaining at provisions sent and reporting on College Land. IV. Ref: Ferrar Papers. [Photographic reproduction of part in the Library of Congress.] 1620 APRIL 5, 10 MC. [LC] 167.* Sir Thomas Rowe, Mr. Leate, Mr. Caning, et al. patent for the sole import of tobacco for 7 years. I. (1) Petition to the Privy Council for a (2) A project for the same. (1) PC. (2) BM. [LC]. Ref: (1) Privy Council Register, James I, Vol. IV, p. 475. (2) Lansdowne MSS., 162, fo. 159. APRIL 10 168.* Privy Council. An order allowing the sole importation of tobacco as above. I. Ref: Privy Council Register, James I, Vol. IV, p. 475. APRIL 18 PC. 169.* William Tracy. A letter to John Smyth, concerning endeavors for men for the plantation. VI. Ref: Smyth of Nibley Papers, Smyth, 16. Pub: N. Y. Pub. Lib. Bull., III, 248. A. L. S. NY. 140 [1620 INTRODUCTION MAY (?) 170.* Copy of opinion of counsel upon the patents of the [Virginia] Company with special reference to the power of removing Sir Thomas Smith from office of treasurer. PRO. [LC] III. Ref: Manchester Papers, No. 271. MAY 1 171.* Sir Edwin Sandys. A letter to John Ferrar, concerning the examination of the acts of the Assembly in Virginia and also their accounts. MC. [LC] VI. Ref: Ferrar Papers. A. L. S. [Transcript and photographic reproduction of part in the Library of Congress.] MAY 7 172.* Indenture assigning Sir Wm. Throckmorton's share of Berkeley Hundred to Wm. Tracy. VI. Ref: Smyth of Nibley Papers, Smyth, 3 (20), pp. 100–102. Pub: N. Y. Pub. Lib. Bull., III, 248–250. MAY 16 173.* Alderman Johnson. A letter to Sir Edwin Sandys, concerning the sale of tobacco. III. Ref: Ferrar Papers. NY. MC. [LC] A. L. S. [Transcript and photographic reproduction in the Library of Congress.] MAY 17 174.* Treasurer, Council, and Company for Virginia. A Broadside concerning the condition of the colony and especially the commodities there produced. Printed. NY. V. Indorsement in autograph of John Smith of Nibley (?). [JUNE] 175.* Wm. Tracy. Two letters to John Smyth "at ye blew lion in Chauserilane this," asking aid for raising a company. NY. VI. Ref: Smyth of Nibley Papers, Smyth, 19. Pub: N. Y. Pub. Lib. Bull., III, 253. A. L. S. 176.* Wm. Tracy. A letter to John Smyth, concerning accounts. VI. Ref: Smyth of Nibley Papers, Smyth, 18. Pub: N. Y. Pub. Lib. Bull., III, 252. A. L. 8. JUNE 1 NY. 177.* John Smyth. "Copy of my lettre to Mr Berkeley. 1. Junii. 1620 about our accompts for the Virginia ship then returned". NY. VI. Ref: Smyth of Nibley Papers, Smyth, 15. Pub: N. Y. Pub. Lib. Bull., III, 250–251. Indorsed by John Smyth. JUNE 7 178.* Sir Edwin Sandys. A letter to Marquis of Buckingham, justifying his exposures of Sir Thos. PRO. [NY] Smyth. VI. Ref: State Papers, Colonial, I, No. 51. A. L. S. Transcript, New York Public Library, Bancroft Papers, I, 345–353. 179.* Sir Geo. Yeardley. A letter to [Sir Ed. Sandys], complaining at the lack of provisions sent. Ref: Ferrar Papers. MC. [LC] IV. A. L. 8. Indorsed by Sir Ed. Sandys. 1620] 141 LIST OF THE RECORDS JUNE 12 180.* John Pory. A letter to Sir Edwin Sandys, giving an elaborate description concerning the condition of the colony. MC. [LC] IV. Ref: Ferrar Papers. L. S. Marginal note in John Ferrar's autograph. Photographic reproduction and transcript in the Library of Congress. 181.* Sir Edwin Sandys. A letter to John Ferrar, concerning letters from Virginia. VI. Ref: Ferrar Papers. A. L. 8. MC. [LC] JUNE NY. 182.* William Tracy. A letter to John Smyth, "about his dispatch into Virgynia, June 1620." VI. Ref: Smyth of Nibley Papers, Smyth, 17. Pub: N. Y. Pub. Lib. Bull., III, 151–152. A. L. S. JUNE 22 183.* “Counseil for Virginia". "A Declaration of the State of the Colony and Affaires in Vir- ginia". Printed. Including also the following: V. " 'A Note of the Shipping, 1619"; "The Names of the Adventurers" with the sums adventured; A Declaration of the Supplies to be sent, July 18, 1620; "The Orders and Constitutions . . . for the better gouerning of the Actions and affaires of the [Virginia] Companie"; Also in different editions are found A Declaration of the division of land, 1616; And A Declaration of November 15, 1620. (1) BM. (2) CAMB. (3) HARV. (4) JCB. (5) LC. (6) NEWB. (7) NY. Pub: Force, Tracts, III, Nos. V, VI. For a discussion of the difference between the editions and the different supplementary Declarations" added after the "Orders and Constitutions," see ante, pp. 89-90. See also List of Records, Nos. 92, 220. JUNE 29 184.* James I. Printed proclamation for the restraint of the disordered trading for tobacco. I. Ref: Proclamations, James I, No. 82. JULY PRO. 185.* [Privy Council.] Commission to the Lord Treasurer to contract with Sir Thomas Rowe, Abraham Jacob, and Hurdman, Budd, et al. for the importation of tobacco. Ref: Docquet Book, Signet Office. I. 186.* Mr. Russell. "Mr. Russell's proiect touching artificiall wyne in Virginia." IV. Ref: Smyth of Nibley Papers, Smyth, 30. Pub: N. Y. Pub. Lib. Bull., III, 255–256. A. S. JULY 5 187.* William Tracy. A letter to John Smyth, concerning "my cousin barkli". VI. Ref: Smyth of Nibley Papers, Smyth, 20. Pub: N. Y. Pub. Lib. Bull., III, 253. A. L. S. JULY 8 PRO. NY. NY. PRO. 188. John Chamberlain. A letter to Sir Dudley Carleton, from London, concerning the election of the Earl of Southampton as treasurer of the Virginia Company. Ref: State Papers, Domestic, James I, Vol. CXVI, No. 13. Pub: Calendar: State Papers, Domestic, Vol. CXVI, p. 162. VII. 142 [1620 INTRODUCTION JULY 12 189. Virginia Company. "A Commission graunted vnto Willm Tracy Esq for a voyag intended to Virginia". III. Ref: Smyth of Nibley Papers, Smyth, 3 (22), p. 123. Pub: N. Y. Pub. Lib. Bull., III, 254–255. NY. А сору. JULY 14 190.* Wm. Tracy. Two letters to John Smyth. VI. Ref: Smyth of Nibley Papers, Smyth, 21, 22. Pub: N. Y. Pub. Lib. Bull., III, 253–254. A. L. S. JULY 19 NY. 191.* Sir Edwin Sandys. A letter to John Ferrar, concerning personal and financial affairs. MC. III. Ref: Ferrar Papers. [LC] A. L. S. JULY 23 192.* Privy Council. Order to the Sollicitor General to prepare a patent for North Colony of Virginia. I. Ref: Privy Council Register, James I, Vol. IV, 574. AUGUST 193.* Virginia Council. Extract from a letter affecting Capt. Argall. III. Ref: Manchester Papers, No. 272. AUGUST 2 194.* Wm. Tracy. A letter to John Smyth, concerning Berkeley Hundred. VI. Ref: Smyth of Nibley Papers, Smyth, 23. Pub: N. Y. Pub. Lib. Bull., III, 256. PC. PRO. [LC] NY. A. L. S. AUGUST 9 195.* Wm. Tracy. A letter to John Smyth, concerning Berkeley Hundred. VI. Ref: Smyth of Nibley Papers, Smyth, 24. Pub: N. Y. Pub. Lib. Bull., III, 257. A. L. S. AUGUST 18 OR AUGUST 28 NY. 196.* Throkmorton, Berkeley, Thorpe & Smyth. Revocation of Capt. John Woodleaf's com- mission. NY. VI. Ref: Smyth of Nibley Papers, Smyth, 3 (23), p. 124, also 31. Pub: N. Y. Pub. Lib. Bull., III, 257–258. 3 (23), copy. 31, "Vera copia ext p. Rob: Maundey." AUGUST 25 197.* Sir Edwin Sandys. A letter to John Ferrar, concerning demands from Huddleston. III. Ref: Ferrar Papers. A. L. S. MC. [LC] AUGUST 28 .. 198.* “Covenants and agreements between Richard Berkeley of Stoke . . . Geo'ge Thorpe Willm Tracy of Gayles" and . . . "John Smyth of Northimbly" Ref: Smyth of Nibley Papers, Smyth, 3, also 3 (25), pp. 127–129. Pub: N. Y. Pub. Lib. Bull., III, 276–278. VI. • Copy. NY. 1620] 143 LIST OF THE RECORDS 199.* Commission to George Thorpe & Wm. Tracy as governors of the plantation in Virginia. NY. VI. Ref: Smyth of Nibley Papers, Smyth, 3 (24), pp. 125–126. Pub: Catalogue: N. Y. Pub. Lib. Bull., I, 186. Copy. AUGUST 31 NY. 200.* Charter party with Wm. Ewins for the ship "Supply" in which Wm. Tracy went to Virginia. III. Ref: Smyth of Nibley Papers, Smyth, 3 (29), pp. 134–136. Pub: Catalogue: N. Y. Pub. Lib. Bull., I, 186. Copy. SEPTEMBER 201.* An account with Ed. Williams for hire of the first ship, and the wages of Toby Felgate, pilot in the first voyage. VI. Ref: Smyth of Nibley Papers, Smyth, 3 (33), p. 142. Pub: Catalogue: N. Y. Pub. Lib. Bull., I, 187. 202.* The cost of furnishing the "Supply" sent from Bristol. VI. Ref: Smyth of Nibley Papers, Smyth, 3, pp. 143–150. Pub: N. Y. Pub. Lib. Bull., III, 283–290. SEPTEMBER 1 NY. NY. 208.* Berkeley, Thorpe, Tracy, and Smyth. Agreement to supply Richard Smyth and wife, Anthony and Wm., their sons, Robt. Bisaker and wife, and Richard Hopkins with land for cultivation in Virginia. NY. VI. Ref: Smyth of Nibley Papers, Smyth, 3 (27), pp. 132–133. Pub: Catalogue: N. Y. Pub. Lib. Bull., I, 186. 204.* Wm. Tracy. A letter to John Smyth concerning Berkeley Hundred. VI. Ref: Smyth of Nibley Papers, Smyth, 25. Pub: N. Y. Pub. Lib. Bull., III, 278. A. L. S. SEPTEMBER 3 205.* List of Settlers. "A list of men nowe sent for plantañon in Virginia.” VI. Ref: Smyth of Nibley Papers, Smyth, 3 (31), pp. 138-139. Pub: N. Y. Pub. Lib. Bull., III, 290–292. The day of month not given in MSS. SEPTEMBER 10 NY. NY. 206.* Richard Berkeley and John Smyth. Instructions and advice to Geo. Thorpe. VI. Ref: Smyth of Nibley Papers, Smyth, 3 (26), pp. 129–131. Pub: N. Y. Pub. Lib. Bull., III, 278–280. SEPTEMBER 15 NY. 207.* Wm. Tracy. A letter to John Smyth. Personal affairs of the plantation, otherwise unim- portant. VI. Ref: Smyth of Nibley Papers, Smyth, 26. NY. Pub: Calendar: N. Y. Pub. Lib. Bull., I, 188. A. L. S. 208.* Agreement between Richard Berkeley, George Thorpe et al., and Robert Pawlett to go to Virginia as preacher, surgeon, and physician. VI. Ref: Smyth of Nibley Papers, Smyth, 3 (28), p. 133. Pub: Catalogue: N. Y. Pub. Lib. Bull., I, 186. 16455-VOL 1-06-10 NY. 144 [1620 INTRODUCTION 1620-22 1620, SEPTEMBER 18-1622, MICHAELMAS 209.* Account of money expended since Wm. Tracie's departure, September 18, 1620, until Michael- mas, 1622. VI. Ref: Smyth of Nibley Papers, Smyth, 3 (35), pp. 151–152. Pub: Catalogue: N. Y. Pub. Lib. Bull., I, 187. 1620 SEPTEMBER 18 NY. 210.* Thomas Parker. Certificate of the mayor of Bristol to sailing of "Supply," with names of passengers. VI. Ref: Smyth of Nibley Papers, Smyth, 3 (30), p. 137. Pub: Catalogue: N. Y. Pub. Lib. Bull., I, 186. NY. 211.* Sir Edwin Sandys. A letter to John Ferrar, urging Mr. Carter to make three catalogues of indebted adventurers. MC. [LC] VI. Ref: Ferrar Papers. A. L. S. SEPTEMBER 20 212.* John Smyth. Account of expenses for Virginia plantation. VI. Ref: Smyth of Nibley Papers, Smyth, 32. Pub: Calendar: N. Y. Pub. Lib. Bull., I, 189. Autograph of John Smyth. SEPTEMBER 22 213.* Timothy Gate. A letter to his "cosyn Mr Willia Tracy att Bristol". Ref: Smyth of Nibley Papers, Smyth, 45. VI. Pub: N. Y. Pub. Lib. Bull., III, 281. SEPTEMBER 23 214.* John Bridges. A letter to John Smyth concerning the incarceration of Tracy. VI. Ref: Smyth of Nibley Papers, Smyth, 29. Pub: N. Y. Pub. Lib. Bull., III, 281–282. A. L. S. with seal. SEPTEMBER 24 215.* Wm. Tracy. A letter to John Smyth concerning the journey. VI. Ref: Smyth of Nibley Papers, Smyth, 27. Pub: N. Y. Pub. Lib. Bull., III, 282. A. L. S. SEPTEMBER 25 216.* William Tracy. A letter to John Smyth concerning his imprisonment. VI. Ref: Smyth of Nibley Papers, Smyth, 28. Pub: N. Y. Pub. Lib. Bull., III, 282–283. A. L. S. SEPTEMBER 30 NY. NY. NY. NY. NY. 217.* Indenture between George Thorpe on one part and Robert Oldesworth and John Smyth on the other. NY. VI. Ref: Smyth of Nibley Papers, Smyth, 12. Pub: Calendar: N. Y. Pub. Lib. Bull., I, 187. 1620-1620/21] 145 LIST OF THE RECORDS OCTOBER 23 218.* Capt. Butler. Captain Butler to Nathaniel Rich, stating difference between the 2 earls [South- ampton and Warwick]. VI. 219.* Sir Edwin Sandys. A letter to John Ferrar, with a reference to Lord Chamberlain. VI. Ref: Manchester Papers, No. 284. Ref: Ferrar Papers. A. L. 8. PRO. MC. [LC]. NOVEMBER 15 220.* Councell for Virginia. Declaration in addition to that of July 18 of ships and supplies to be sent to Virginia, and soliciting planters and money. Printed. V. Ref: In "Declaration of the State of the Colony and Affaires in Virginia." See ante, No. 183; also ante, p. 89–90. NY. DECEMBER 19 221.* Geo. Thorpe. A letter to John Smyth from "Southampton Hundred." VI. Ref: Smyth of Nibley Papers, Smyth, 33. Pub: N. Y. Pub. Lib. Bull., III, 292–293. A. L. S. NY. "Greevovs Grones for the Poore," dedicated to the "Company of the Virginian and Sommer Iland Plantations." Printed. 222. VII. NEWB. Ref: Collection of Ed. E. Ayer. Printed for Michael Sparke. 1621 • 223.* Virginia Company. "A note of the shipping, men, and prouisions. prouided for Virginia by Southampton, and the Company Printed. • • "" • (1) NY. (2) ANT. V. Ref: (2) Collection of Broadsides, James I, No. 194. 224. Henry Fleet. Henry Fleet's Journal of Voyage in the "Warwick" to Virginia. LAMB. IV. Pub: Neill, The English Colonization of America. 225.* Virginia Company. 'A Comission granted by the Treasuror Counsell and Company for Virginia to Sr Thomas Smith for the free fishinge on the coast of America." BM. [LC] III. Ref: Additional MSS., 14285, fols. 73–74. 226.* Earl of Warwick with Edward Bruster concerning the ships "Treasurer" and "Neptune." III. Ref: Admiralty Court, Instance and Prize, Libel 81, No. 6. PRO. [LC] 1621(?) 227.* "Wallons and French." Promise of certain "Wallons and French" to emigrate to Virginia. III. Ref: State Papers, Colonial, I, No. 45. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 498. 1620/21 PRO. JANUARY 29 228.* Sir Geo. Yeardley. Certificate to Council and Company of Virginia of the arrival at Berkeley of 50 persons, with list of names. IV. Ref: Smyth of Nibley Papers. Smyth, 34. Pub: Calendar: N. Y. Pub. Lib. Bull. I, 189. A. S. of George Yeardley and Jo: Pory, Secr. Seal and stamp: double rose. NY. 146 [1620/21-1621 INTRODUCTION JANUARY 21 229.* Sir Geo. Yeardley & the Council in Virginia. Copy of a letter to Earl of Southampton and Council and Company for Virginia, forwarding a petition of colonists vs. the King's proclamation forbidding importation of tobacco. IV. Ref: Manchester Papers, No. 290. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 37. Certified by John Pory. FEBRUARY 28 PRO. HL. 230.* House of Lords. Act for repressing odious. Act for repressing odious . . . sin of drunkenness and restraint. . . . of excess price of beer and ale. of penalties to go to the Virginia Company. Pub: Calendar: Hist. MSS. Com., Third Report, p. 18. I. MARCH 4 231.* Privy Council. Order upon the complaint of Parliament of great abuse of lotteries for raising monies towards the advancement of the plantation in Virginia, & relief of distresses there, suspending the same. PC. [NY] Privy Council Register, James I, Vol. V, p. 11. (2) Colonial Entry Book, Vol. 79, p. 201. I. Ref: Pub: Sainsbury, Calendar of State Papers, Colonial, p. 25. Transcript, N. Y. Pub. Lib., Bancroft Papers, I, fo. 357. MARCH 6 232.* Sir George Yeardley. Grant by Sir Geo. Yeardley, Governor of Virginia. to Geo. Harrison PRO. [NY] IV. of 200 acres of land • Ref: State Papers, Colonial, James I, Vol. I, No. 53. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 25. Original document with autograph signatures, indorsed by John Pory. Transcript. N. Y Pub. Lib. Bancroft, I, 361-5. MARCH 8 233.* James I. I. Proclamation by the King commanding Virginia Company to forbear license for keeping and continuing any lottery. (1) Q. (2) ANT. (3) PRO. (4) JCB. Ref: (3) Proclamation. James I, No. 89. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 25. 234.* Geo. Thorpe. VI. MARCH 24 "A note ffor Mr Ffelgate to receaue his ffraight" Ref: Smyth of Nibley Papers, Smyth, 35. Pub: Calendar: N. Y. Pub. Lib. Bull., I, 189. NY. 235. D. S. MARCH 30 A true relation of a sea fight between two great well-appointed Spanish men of war and the "Margaret and John.” VI. Pub: (1) Purchas, His Pilgrimes, IV, bk. ix, ch. 14. (2) Brown, First Republic, 415-416. 1621 APRIL 12 236.* Wm. Powell. A letter to Sir Edwin Sandys concerning a difference with Yeardley. IV. Ref: Ferrar Papers. A. L. S. [Transcript and photographic reproduction in the Library of Congress.] MC. [LC] 1621] 147 LIST OF THE RECORDS APRIL 17 made and performed in 237.* House of Lords. Draft of "An Act for the freer liberty of fishing and fishing voyages to be the sea coasts . . . Virginia, New England . . . and D parts of America.” HL. I. Ref: Commons Journal, I, 578. Pub: Calendar: Hist. MSS. Com., Third Report, p. 21. MAY 238.* Whittaker. A letter to Sir Edwin Sandys, by "Bona Nova", concerning reception of new men. IV. Ref: Ferrar Papers. A. L. S. Outlined in Nicholas Ferrar's Autograph. [Transcript and photographic reproduction of part in the Library of Congress.] MAY 3 MC. [LC] 239.* Richard Bucke. A letter to Sir Edwin Sandys, requesting payment of the sums due. IV. Ref: Ferrar Papers. MC. [LC] A. L. S., with seal. 240.* Council of Virginia. Warrant by Council for Lieutenant Saunders to have custody of cattle left in Virginia by Captain Martin. PRO. IV. Ref: State Papers, Colonial, James I, Vol. III, No. 36, III. Pub: Virginia Mag. of Hist., VII, 146. MAY 9 241.* Geo. Thorpe and Mr. John Pory. A letter to Sir E. Sandys. Complaints against Powell and Madison. IV. Ref: Ferrar Papers. MAY 13 242.* Governor and Council of Virginia. Warrant concerning Capt. John Martin. IV. Pub: Brown, First Republic, 414. MAY 15 AND 16 MC. [LC] 243.* Geo. Thorpe and John Pory. A letter to Sir Edwin Sandys concerning Indians, com- modities, and perplexities of government. MC. [LC] IV. Ref: Ferrar Papers. MAY 15 244.* George Thorpe and John Pory. A letter to Sir Edwin Sandys, concerning the commodities and need of clothes, etc. MC. [LC] IV. Ref: Ferrar Papers. Autograph letter, with an indorsed summary by John Ferrar. [Transcript and photographic reproduction of part in the Library of Congress.] MAY 16 245.* Sir Geo. Y[eardley (P)]. Copy of a letter to the New Magazine Company by the Bona Nova, concerning personals. Ref: Ferrar Papers. MC. [LC] Copy by John Pory of a letter to Sir Edwin Sandys in answer to that of Nicholas MC. [LC] IV. 246.* Hyde. IV. Ref: Ferrar Papers. 148 [1621 INTRODUCTION 247.* Sir Geo. Y[eardley. A letter to Sir Edwin Sandys, concerning his acts in the colony and his desire to return home. IV. Ref: Ferrar Papers. Pub: Virginia Mag. of Hist., X, 286-289 (photograph of signature). A. L. S. Indorsement by John Ferrar. MC. [LC] MAY 24 248.* Abraham Piersey. Two letters to Sr Edwin Sandys, concerning a fishing voyage to New Foundland from James City, and concerning tobacco trade. MC. [LC] IV. Ref: Ferrar Papers. Pub: Virginia Mag. of Hist., X, 418. A. L. S. With seal. [Transcript and photographic reproduction in the Library of Congress.] MAY 27 249.* Capt. Nuce. IV. Ref: A letter to Sir Edwin Sandys, concerning the commodities and lack of provisions. Ferrar Papers. MC. [LC] In handwriting of a clerk. [Transcript and photographic reproduction of part in the Library of Congress.] JUNE 9 250.* Francis Smith. VI. A letter to Sir Edwin Sandys. Unimportant. Ref: Ferrar Papers. MC. [LC] A. L. S. [Transcript and photographic reproduction of part in the Library of Congress.] JUNE 18 251.* Privy Council. Order concerning North and South Colonies and their fishing relations. I. Ref: Privy Council Register, James I, Vol. V, p. 58. JUNE 22 PC. [LC] 252.* Richard Bucke. A letter to Sir Edwin Sandys, complaining that agreements are not kept by the company. MC. [LC] IV. Ref: Ferrar Papers. A. L. S. [Transcript and photographic reproduction of part in the Library of Congress.] JUNE 27 253.* George Thorpe. A letter to Sir Edwin Sandys, concerning matters of small importance. IV. Ref: Ferrar Papers. A. L. S. MC. [LC] 254.* Sir George Yeardley. A letter to Sir Edwin Sandys, concerning the election of a successor and new arrivals in the colony. IV. Ref: Ferrar Papers. Pub: Virginia Mag. of Hist., X, 288-289, (photograph of signature). MC. A. L. S. JULY 255.* John Rowe. A letter to Sir Edwin Sandys. IV. MC. [LC] Ref: Ferrar Papers. A. L. S. [Transcript and photographic reproduction of a part in the Library of Congress.] 1621] 149 LIST OF THE RECORDS ¡ 256.* William Ewens. Covenant on part of Wm. Ewens for 480" to see that the Ship George 150 tun is staunch and strong and fitted out with furniture and with marriners and sea- men, to take on passenges and goods and to bring back tobacco from the plantation, with forfeit of 1000". BM. [LC] 257.* Wm. Ewens. Covenant by Wm. Ewens to fit out the Ship Charles, 80 tuñ and take same with fraight and passengers to Virginia for certain [blank] sum. Forfeit of 1000" for not returning ship with freight. BM. [LC] III. Ref: Additional MSS., 14285, fos. 78a-79a. III. Ref: Additional MSS., 14285, fos. 80-81. JULY 6 258.* Nicholas Ferrar and others. Warrant to pay Geo. S[andys] £20, addressed to the Earl of Southampton, signed by Nicholas Ferrar, Benett, Blaney, Wyseman. MC. [LC] Ref: Ferrar Papers. III. Autograph signatures; indorsement by John Ferrar. [Photographic reproduction in the Library of Congress.] JULY 24 259.* J. Barnard and others. Warrant to Deputy J[ohn] F[errar] for £6 to Joseph Fitch; signed— J. Barnard, N. Rich, Bull, Richard Caswell, John Blande. MC. [LC] Ref: Ferrar Papers. III. [Photographic reproduction in the Library of Congress.] 260.* Virginia Company. "Instructions to the Governor for the time being, and Counsell of State in Virginia." LC. III. Ref: (1) MS. Records, Virginia Co., III, pt. ii, pp. 11-14. (2) Instructions, com- micons, and letters, 1606-1683, 1–19. Pub: Outline: Hening, Virginia Statutes at Large, I, p. 114. Outline: Stith, Virginia, pp. 194-196. 261.* Treasurer and Company. An Ordinance and Constitution of the Treasurer and Company in England for Council and Assembly in Virginia. III. LC. Ref: (1) MS. Rec., Virginia Co., III. (2) Instructions, commiĉons, etc., 1606–1683, 21-23. Pub: (1) Hazard, Hist. Coll. of State Papers, I, 131–133. (2) Hening, Virginia Statutes at Large, I, 110. (3) Stith, Virginia, app. 4. Outline, p. 196. JULY 25 262.* Treasurer and Company. Letter to Governor and Council in Virginia concerning Wyatt as governor. LC. III. Ref: (1) MS. Rec. Virginia Co., III, ii, 15, 16. (2) Instructions, commiĉons, etc., 1606-1683, pp. 68–75. Pub: Neill, Virginia Company of London, 223–233. JULY 30 263.* Privy Council. Copy of a Council order that Lord Treasurer may make warrants of assist- ance for suppressing the importation and sale of tobacco. I. Ref: MSS. of Earl De La Warr. Pub: Calendar: Hist. MSS. Com., Fourth Report, 313. AUGUST 11 KP. 264.* Virginia Company. Answer to the request of the Walloons and French to plant in Virginia, signed by John Ferrar, deputy. III. Ref: State Papers, Colonial, James I, Vol. I, No. 55. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 26. Transcript: N. Y. Pub. Lib., Bancroft Papers, I, fos. 369-371. PRO. [NY] 150 [1621 INTRODUCTION AUGUST 12 265.* Virginia Company. Letter concerning the sending of maids; Capt. Norton and the Italians, making beads; Mr. Gookin; the French men and families to sail. III. LC. Ref: (1) MS. Rec. Virginia Co., III, pt. ii, pp. 17-18a. (2) Instructions, Commicons, etc., 1606–1683, pp. 76–83. Pub: Neill, Virginia Company of London, pp. 233–239. 266.* Virginia Company. AUGUST 24 "A Comission graunted by vs the Trer Counsell and Company for Vir- ginia vnto our louinge freinds Capt Arthur Guy and Nicholas Norburnes for a Voyage intended to Virginia." BM. [LC] III. Ref: Additional MSS., 14285, fos. 70-70a. 267.* Treasurer and Company of Virginia. Covenant to pay Capt. Arthur Guy, Robert Toakley, and John Packesall 300¹¹ more for victuall and transportation of said 100 persons. Ref: Additional MSS., 14285, fos. 71-71a. BM. [LC] Covenant to pay to Capt. Arthur Guy et al. 3¹¹ for each tun of goods, provisions, and commodities here put aboard and there delivered. BM. [LC] III. 268.* III. Ref: Additional MSS., 14285, fos. 72-72a. SEPTEMBER 11 269.* Virginia Council and Company. Letter to Governor and Council in Virginia, concerning the failure of the old magazine and dissatisfaction with the new. III. LC. Ref: (1) MS. Records Virginia Co., III, pt. ii, pp. 19–20. (2) Instructions, commicons, etc., 1606–1683, pp. 84–92. Pub: Neill, Virginia Company of London, pp. 241–250. SEPTEMBER 19 270.* Ed. Blayney. A letter to Sir Ed. Sandys concerning an East India ship. VI. Ref: Ferrar Papers. A. L. S. OCTOBER 1 MC. [LC] 271.* Sir Edwin Sandys. A letter to John Ferrar, or to N. Ferrar, concerning personal matters. VI. Ref: Ferrar Papers. MC. [LC] OCTOBER 24 272.* Privy Council. Order that the Virginia Company is not to have a foreign house for importa- tion of their goods; tobacco to be first landed in England, with respite for four months. (1) PC. (2) PRO. [NY] I. Ref: (1) Privy Council Register, James I, Vol. V, p. 173 (new number). (2) Colonial Entry Book, Vol. 79, pp. 201-202. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 26. Transcript, New York Public Library, Bancroft Papers, II, fos. 373–375. OCTOBER 20 273.* John Stratford. VI. "Mr Tho: Dawson note for all my tobacco sold by him, for mee wth much labor at this poare rate." Ref: Smyth of Nibley Papers, Smyth, 39. Pub: Calendar: N. Y. Pub. Lib. Bull., I, 189. NY. 1621] 151 LIST OF THE RECORDS 1 1621, NOVEMBER-1684, APRIL 274.* Sir Thomas Smith and Alderman Johnson. Reply of Sir Thomas Smith and Alderman Johnson to the petition of John Bargrave. III. Ref: State Papers, Colonial, James I, Vol. III, No. 12. PRO. Pub: (1) Virginia Mag. of Hist., VI, 378-381. (2) Sainsbury, Calendar of State Papers, Colonial, p. 60. NOVEMBER 5 275.* Sir Edwin Sandys. A letter to John Ferrar, concerning his debts, and also Southampton Hundred. MC. [LC] VI. Ref: Ferrar Papers. III. [Transcript and photographic reproduction in the Library of Congress.] NOVEMBER 21 276.* Virginia Company. Grant to Daniel Gats to be master of "Darling," and a permit to fish on the coast of Virginia between 33° and 45° N. lat. BM. [LC] Ref: Additional MSS., 14285, fos. 74a-75. 277.* Council and Company for Virginia. "A Comission Graunted . . . to John Huddleston for a Voyadge to Virginia and for a free fishinge on the Coast of America." BM. [LC] Ref: Additional MSS., 14285, fos. 75a-76a. III. 278,* * "A Comission Granted . . . to Captaine Tho: Jones M¹ of the Discouery, for the free fishinge on the Coast of America, Tradinge for furs in Virginia.” BM. [LC] III. Ref: Additional MSS., 14285, fos. 77-78a. NOVEMBER 26 279.* Virginia Company. A letter to the governor and council in Virginia, concerning the send- ing of maids and the trading for furs. LC. Ref: (1) MS. Records Virginia Co., III, pt. ii, p. 20, 20ª. (2) Instructions, Com- micons, etc., 1606-1683, pp. 93–95. III Pub: Neill, Edward, Virginia Company of London, pp. 263–266. NOVEMBER 30 280.* Governor and Council in Virginia. Proclamation warning persons from going aboard LC. IV. ships. Ref: MS. Records Virginia Co., III, pt. ii, p. 45ª. DECEMBER 281.* Nicholas Ferrar. Receipt to John Smyth of Nibley of £6 13s 4ª for subscription in the "Roule" for trade of furs and for the "Roule" for building of boats and houses. NY. III. Ref: Smyth of Nibley Papers, Smyth, 36. Pub: Calendar: N. Y. Pub. Lib. Bull., I, 189. Signature of Nicholas Farrar. DECEMBER 3 282.* Sir Edwin Sandys. A letter to John Ferrar, concerning his enemies in the Company. VI. Ref: Ferrar Papers. A. L. S. MC. [LC] DECEMBER 5 LC. 283.* Virginia Company. Letter to the governor and council in Virginia concerning trade and discovery. III. Ref: (1) MS. Rec. Virginia Co., III, pt. ii, p. 21. (2) Instructions, commiĉons, etc., 1606-1683, pp. 96-101. Pub: Neill, Virginia Company of London, 267–273. 152 [1621-1622 INTRODUCTION DECEMBER 15 284.* Privy Council. A letter to Sir Dudley Carleton, ambassador at States of United Province, against Dutch settling in North Colony of Virginia (called New England). I. Ref: Privy Council Register, James I, Vol. V, p. 209. PC. 285.* Peter Arundell. A letter to Sir Edwin Sandys, complaining at the neglect of the Company, but promising to hide defects. MC. [LC] IV. Ref: Ferrar papers. A. L. S. Transcript and photographic reproduction of part in the Library of Congress. DECEMBER 23 286.* Governor in Virginia. Commission by the governor and captain-general of Virginia to Dan'l Tucker to trade with the Indians. LC. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 36. 1622 287.* Draft of a letter to see that grant of the King to the Company of the importation of tobacco for seven years from Virginia and Bermuda is consigned to them. KP. Ref: MSS. of Lord Sackville. VI. Pub: Calendar: Hist. MSS. Com., Seventh Report, p. 259b. 288.* Mr. Wroth. Notes from lists showing total number of emigrants to Virginia, and making total loss 3,000 and survivors 1,700, 1619-1622. VI. Ref: Manchester Papers, No. 298. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 38. PRO. 289.* Patrick Copland. A Declaration how the monies viz., 70£ 8º 6d were disposed, which were gathered by Mr. Patrick Copland, towards the building of a free schoole in Virginia. Printed. V. Pub: Calendar: Hist. MSS. Com., Third Report, p. 66. • PR. 290. Bermuda Company. Laws of Bermuda Company on the selection and settlement of “Land in Virginia." XXX, in "Orders and Constitutions" for the Summer Islands. Printed. (1) LC. (2) NY. V. Pub: Le Froy, Memorial of the Bermudas, I, 228. An order of court, Feb. 6, 1621/2. Imprint, Felix Kingston. 291. John Brinsley. "A Consolation for ovr Grammar Schooles: more especially for all those of an inferiovr sort, and all ruder countries and places, namely . . . Virginia with the Sommer Ilands." Printed. (1) JCB. (2) NY. V. 84 pages, quarto. Printed by Richard Field for Thomas Man. 1622. 292.* [Virginia Company.] "The Inconveinencies that have happened to some Persons which have transported themselves from England to Virginia, without prouisions necessary to sustaine themselves: For Preuention of like disorders hereafter, -is published this short declaration-of necessaries-." Printed. (1) NY. (2) ANT. (3) JCB. Ref: (2) Collection of Broadsides, James I, No. 195. Pub: Reprinted in Purchas, His Pilgrimes, IV, Bk. IX, ch. 15, sec. IV. Imprinted by Felix Kingston. Broadside. For discussion of edition, see ante, p. 91. 293.* Edward Waterhouse. "Declaration of the state of the Colony of Virginia with the Rela- tion of the Massacre" and the names of those massacred. V. V. (1) LC. (2) JCB. (3) HARV. (4) NEWB. (5) PRIV. Copies (1) and (2) include "The Inconveniences." See unte No. 292. 1622-1621/2] 153 LIST OF THE RECORDS 1622 (?) 294.* Francis West, Wm. Claiborne et al. Petition to the King on behalf of the distressed subjects, relating chiefly to tobacco. PRO. IV. Ref: State Papers, Colonial, James I, Vol. II, No. 15. Pub: (1) Virginia Mag. of Hist., VI, 233. (2) Sainsbury, Calendar of State Papers, p. 35. 1621/22 JANUARY 295.* Virginia Council. Letter to Virginia Company of London, describing the conditions and needs of the colony in detail. LC. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, pp. 1-2a. Pub: Neill, Virginia Company of London, 274-286. 296.* Peter Arundle. Fragment of a letter to John Smyth of Nibley concerning opportunities of Virginia. VI. Ref: Smyth of Nibley Papers, Smyth, 37. Pub: Calendar: N. Y. Pub. Lib. Bull., I, 189. NY. A. L. JANUARY 14 297.* Virginia Council. Settlement of the wages of tradesmen in Virginia. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 46. IV. JANUARY 16 LC. 298.* “A Commission granted by vs the Trer Counsell and Companies for Virginia vnto our louinge frend Theodore Wadsworth for a Voyage intended to Virginia.” BM. [LC] Ref: Additional MSS., 14285, fos. 69–69a. III. JANUARY 30 299.* Virginia Company. The forme of a Patent to such Aduen's whose shares exceedinge 50⁰⁰r: are exempted from payinge any Rent to ye Company for the persons they transporte. III. Ref: Additional MSS. 14285, fos. 58-64a. BM. [LC] 800. 1622, FEBRUARY 4 AND 1623, DECEMBER 11 TO 1624, NOVEMBER 27 Council in Virginia. The Courte Booke. The original minutes of the Courts of the Council in Virginia, held about once a month, to decide controversies, to hold trials of accused persons, to hear petitions, and to pass orders concerning the affairs of the Colony. Ref: MS. Rec. Virginia Colony. IV. LC. 1621/2 FEBRUARY 18 301.* Mayor of Plymouth. Request to Lord Treasurer of the fulfilment of the promise that they be not interrupted in a fishing voyage for Virginia as threatened by Sir Ferdinand Gorges. PRO. VI. Ref: State Papers, Domestic, James I, Vol. cxxvii, No. 92. Pub: Calendar of State Papers, Domestic, James I, 1619-1623, p. 344. 154 [1621/2-1622 INTRODUCTION FEBRUARY 19 (P) 302.* State of case and decision between John Bargrave, plaintiff, and Sir Thomas Smythe et al., defendants, with reference to losses of Bargrave by being prohibited free trade in Vir- ginia, according to his patent. PRO. [NY] III. Ref: State Papers, Colonial, James I, Vol. II, No. 4, II. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 29. Transcript, New York Public Library, Bancroft Papers, I. Fos. 437-453. FEBRUARY 25 303.* Somers Islands Company. Court for Somers Islands. Committee to consider planting land granted by Virginia Company has not met, and is commanded to meet hereafter: also names of committee. MC. [LC] II. Ref: Ferrar Papers. [Photographic reproduction in the Library of Congress.] MARCH 6 MC. [LC] 304.* Somers Islands Company. Court for Somers Islands: To investigate the government and laws for Somers Islands touching the sending of youths to Virginia. Ref: Ferrar Papers. II. [Photographic reproductions in the Library of Congress.] 1622 MARCH [AFTER 25] 305.* Virginia Company con. Wye. Defense of Wye. PRO. [LC] III. Ref: Admiralty Court, Instance and Prize, Libels 81, No. 216. APRIL 306.* Colony in Virginia. Letter to Virginia Company of London, describing the massacre and the needs of the Colony. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 3, 3ª. APRIL 9 307.* Sir Edwin Sandys. A brief letter to John Ferrar requesting frequent letters. VI. Ref: Ferrar Papers. APRIL 12 (P) 308.* John Bargrave. Charges against the former government of Virginia. Ref: State Papers, Colonial, James I, Vol. II, No. 4, I. VI. 309.* VI. LC. MC. [LC] PRO. [NY] Pub: (1) Va. Mag. of Hist., VI, 225-228. (2) Sainsbury, Calendar of State Papers, p. 28. Transcript, New York Public Library, Bancroft Papers, I, fos. 465–475. Petition to the Privy Council, complaining against the company and asking that his new plan of government be considered. PRO. [NY] Ref: State Papers, Colonial, James I, Vol. II, No. 4. Pub: Sainsbury, Calendar of State Papers, Colonial, pp. 28-29. Transcript, New York Public Library, Bancroft Papers, I, fos. 425–427. APRIL 13 310.* Governor in Virginia. Commission by Governor and Captain-General of Virginia to Capt. Roger Smith to command Charles City. IV. Ref: MS. Records Virginia Co., III, pt. ii, p. 37. APRIL 15 LC. 311.* Governor in Virginia. Commission by governor and captain-general of Virginia to Capt. Ralph Hamer for trading. LC. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 37. 1622] 155 LIST OF THE RECORDS APRIL 18 312. Patrick Copland. "Virginia's God be Thanked, or a Sermon of Thanksgiving for the Happie success of the affayres in Virginia this last yeare." Printed by order of the company. (1) JCB (2) NY (3) NEWB. (4) PRIV. Pub: Neill, E., Memoir of Rev. Patrick Copland, Ch. III. Dedicated May 22. Printed by J. D. for William Shefford and John Bellamie. APRIL 19 V. 313.* Governor in Virginia. Order "By the Governo' and Captaine generall of Virginia" to Ralph Hamor to bring the people from Wariscoyack. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 50ª. APRIL 20 LC. 314.* Governor in Virginia. Commission by the governor and captain-general of Virginia to Captain Smith to remove the people of Henrico Ileand and Coxendale. LC. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 37. IV. APRIL 22 315.* Sir Edwin Sandys. A letter to John Ferrar, alleging that petitions to the King emanate from Sir Thos. Smith, and discussing Spanish accusations. MC. [LC] Ref: Ferrar Papers. III. APRIL 25 316.* Sir Edwin Sandys. A letter to John Ferrar concerning value of Peirse in the factional differences. MC. [LC] VI. Ref: Ferrar Papers. A. L. S. APRIL 30 317.* Sir Edwin Sandys. A letter to John Ferrar, urging use of "form" in State affairs and approving Capt. Each's proposition with regard to fortifications. MC. [LC] III. Ref: Ferrar Papers. MAY 318. Sir Francis Wiat. Letter from Sir Francis Wiat, governor of Virginia, describing the massacre. IV. Pub: Outline: Purchas, His Pilgrimes, Vol. IV, Bk. IX, Ch. 15, Sec. III. 319.* "Accompt of the charge of the. 4. servants sent into Virginia in the Ship furtherance." VI. Ref: Smyth of Nibley Papers, Smyth, 3 (36), p. 153. MAY 2 NY. 320.* Privy Council. Daniell Frank, William and John Ireland, prisoners. . . to be delivered to the "Governor of the Company of Virginia.” PC. I. Ref: Privy Council Register, James I, Vol. V, p. 342. MAY 7 321.* Governor in Virginia. Commission by governor and captain-general of Virginia to Capt. Ralph Hamer for trade. LC. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 37ª. MAY 18 322.* Governor in Virginia. Commission by governor and captain-general of Virginia to Captain Smith to command "Pasbehay." LC. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 37. 156 [1622 INTRODUCTION MAY 20 III. 324.* 323.* Virginia Company. "The Forme of a Patent for such as are Aduenturers by payinge money into the Treasury of yº Company vndertaking to transp: and plant 100: persons." Ref: Additional MSS., 14285, fos. 49–53. BM. [LC] "The forme of a Patent for a Planter only." An indenture between the Virginia Com- pany and Sir Bowyer Worsly. BM. [LC] III. Ref: Additional MSS., 14285, fos. 54-57. 325.* III. A grant for a private Plantation to Johnn Bounall, a Frenchman. Ref: Additional MSS., 14285, fos. 65-68. BM. [LC] MAY 30 326.* Capt. John Bargrave. The answer of Capt. John Bargrave to his own aspersions against the present management. PRO. [NY] III. Ref: State Papers, Colonial, James I, Vol. II, No. 7, I. Pub: Sainsbury Calendar of State Papers, Colonial, p. 30. Transcript, New York Public Library, Bancroft Papers, I, fos. 429–433. JUNE (?) 327.* Capt. John Bargrave. Petition to Privy Council, declaring he had stated the present govern- ment good because pressed by the Council for Virginia to do so. PRO. [NY] III. Ref: State Papers, Colonial, James I, Vol. II, No. 8. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 30. Transcript, New York Public Library, Bancroft Papers, I, fos. 461-468. JUNE 10 328.* Virginia Company. Letter to Governor and Council in Virginia, desiring some commodities sent, and especially silk for the King. III. Ref: MS. Rec. Virginia Co., III, pt. ii, pp. 22, 23. JUNE 15 LC. LC. 329.* John Pountis. Petitions "To St Francis Wyate Knight Governor and Captaine Generall of Virginia and to the rest of his Matles Counsell in Virginia." Ref: MS. Rec. Virginia Co., III, pt. ii, p. 58. IV. JUNE 17 330.* The King. "A copy of the King's letter to the 11s. touching the mainteining of the decree in Chacery for Sr Tho. Smith against Mr. Bargrave." BM. PRO. [LC] I. Ref: (1) Additional MSS., 12496, fo. 450. Caesar Papers. (2) State Papers, Domestic, James I, Vol. 131, No. 38. Pub: Sainsbury, Calendar of State Papers, Colonial, pp. 31-32. 331.* Governor in Virginia. Commission by governor and captain general of Virginia to Captain Maddison to assist the Potomacks in war. LC. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 37ª, 38. JUNE 19 332. John Martin, Robert Haswell. Petition to King to take certain forest land in Virginia into his own hands. II. Ref: MS. Court Book, Virginia Co., II, 20. Pub: Kingsbury, Rec. Virginia Co., II. Court of this date. LC. 1622] 157 LIST OF THE RECORDS 333. Virginia Company. Answer of the counsell and company to the petition of John Martin and Hassell. II. Ref: MS. Court Book, Virginia Co., II, 21. LC. Pub: (1) Kingsbury, Rec. Virginia Co., II. (2) Brock, Virginia Company, II, 21. (3) Neill, E., Virginia Company of London, 312-313. 334. Adam Dixon. II. Petition to King concerning the possession of land in Virginia. Ref: MS. Court Book, Virginia Co., II, 22. Court of this date. LC. Pub: (1) Kingsbury, Rec. Virginia Co., II. (2) Brock, Virginia Company, I, 188–189. 335. Virginia Company. Answer of the Virginia Company to the petition of Adam Dixon. LC. II. Ref: MS. Court Book, Virginia Co., II, 23. Pub: (1) Kingsbury, Rec. Virginia Co., II. (2) Brock, Virginia Company, I, 189. 336. William Kemp. The grievances of the inhabitants of Kikatan (Elizabeth City) by the testi- LC. mony of William Kemp. II. Ref: MS. Court Book, Virginia Co., II, 23. Pub: (1) Kingsbury, Rec. Virginia Co., II. (2) Brock, Virginia Company, I, 190–191. Court of this date. 337. Virginia Company. Answer of the Virginia Company to the grievances of William Kemp. Ref: MS. Court Book, Virginia Co., II, 23. LC. II. Pub: (1) Kingsbury, Rec. Virginia Co., II. (2) Brock, Virginia Company, I, 191. 338. Capt. Mathew Somers. Petition in the Kings Bench to the King concerning the discovery and right to the Somers Islands. II. Ref: MS. Court Book, Virginia Co., II, p. 24. LC. Pub: (1) Kingsbury, Rec. Virginia Co., II. (2) Brock, Virginia Company, I, 192–193. Court of this date. 339. Virginia Company. Answer of the Virginia Company to the petition of Mathew Somers. II. Ref: MS. Court Book, Virginia Co., II, 25. LC. Pub: (1) Kingsbury, Rec. Virginia Co., II. (2) Brock, Virginia Company, I, 193–195. Letter to Captain Argoll. LC. 340. II. Ref: MS. Court Book, Virginia Co., II, 27–28. Pub: Kingsbury, Rec. Virginia Co., II. JUNE 20 LC. 341.* Sir Francis Wyatt. Commission to Sir George Yardley to command on an expedition upon the coasts from 33° to 40° to make new discoveries for another settlement. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 38. IV. JUNE 21 342.* IV. Proclamation against drunkenness, swearing, stealing boats. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 46ª. JUNE 27 LC. 343.* Robert Newland. A letter to Nicholas Ferrar, concerning preparation to sail for Virginia. III. Ref: Ferrar Papers. MC. [LC] A. L. S. JUNE 29 344. Virginia Company. Propositions to the lord high treasurer concerning the tobacco con- tract. II. Ref: MS. Court Book, Virginia Co., II, 31. LC. Pub: (1) Kingsbury, Rec. Virginia Co., II. (2) Brock, Virginia Company, I, 196–198. 158 [1622 INTRODUCTION JULY 3 345. Virginia Company. Propositions to the lord high treasurer concerning the tobacco con- tract. LC. II. Ref: MS. Court Book, Virginia Co., II, 50–51. Pub: (1) Kingsbury, Rec. Virginia Co., II. (2) Brock, Virginia Company, 1, 215–218. JULY 10 346. Mo(u)rninge Virginia. Printed. (Mentioned in Register of London Company of Stationers, 1562-1638.) V. Pub: Cited: Report of Amer. Hist. Assoc., 1896, Vol. I, pp. 1251–1261. JULY 9 OR 11 347.* John Bonoeil. Reprint of the treatise on the culture of silk worms, including: (1) The King. Letter to treasurer, deputy, and others of the Virginia Company, recommend- ing the setting up of silk works. (2) Virginia Council and Company. ing the King's letter. Printed. Letter to the governor and council in Virginia, endors- (1) HARV. (2) JCB. (3) NY. (4) PRIV. V. Pub: Sainsbury, Calendar of State Papers, Colonial, pp. 31, 41 (King's letter). Imprinted Felix Kingston. King's letter is mentioned in Docquet Book, James I. See ante, No. 150. JULY 11 348.* Privy Council. Order concerning the Spanish vessel wrecked on coast of Bermudas, of which Virginia Company had made restitution. I. Ref: (1) Privy Council Register, James I, Vol. V, p. 431. (2) Colonial Entry Book, Vol. 79, p. 202. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 31. JULY 13 PRO. 349. John Chamberlain. A letter to Sir Dudley Carleton, concerning a ship arrived from Vir- vinia with news that savages have by surprise slain 350 (circum) of the English. Ref: State Papers, Domestic, James I, Vol. 132, No. 38. VII. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 31. JULY 14 350. Sir Thomas Wilson. Indians have killed in Virginia 300-400 English, and but for accident man, mother, and child had all been slain. VII. Ref: State Papers, Domestic, James I, Vol. 132, No. 41. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 31. JULY 18 PRO. 351.* Privy Council. Order for a report on petition of John Bargrave against Sir Thomas Smythe, Alderman Johnson, and others for unjust practices and miscarriage of government of the Virginia plantation. PC. [NY] I. Ref: Privy Council Register, James I, Vol. V, p. 439. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 31. Transcript: New York Public Library, Bancroft, I, fo. 477. 352.* Governor in Virginia. Commission from governor and captain-general of Virginia to Daniel Tucker to command a plantation. LC. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 36ª. JULY 17 353.* Note of articles ready or to be provided for exportation by Virginia Company. III. Ref: Cotton MSS., Otho, E. X., fo. 121. BM. [LC] 1622] 159 LIST OF THE RECORDS JULY 17 (3) 354.* Note of arms in the Tower for which the Virginia Company are suitors. To be delivered to them. I. Ref: State Papers, Colonial, James I, Vol. II, No. 9. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 32. JULY 29 PRO. 355.* Privy Council. Order of Privy Council that old cast arms in Tower, unfit for modern use, be delivered to Virginia Company for use against Indians. Ref: (1) Privy Council Register, James I, Vol. V, p. 449. Vol. 79, p. 202. I. (1) PC. (2) PRO. [NY] (2) Colonial Entry Book, Pub: Sainsbury, Calendar of State Papers, Colonial, p. 32. Transcript: New York Public Library, Bancroft Papers, I, fos. 481-483. AUGUST 1 356.* Treasurer and Council for Virginia. Letter to governor and council in Virginia, concern- ing protection from Indians and sole importation of tobacco. LC. III. Ref: (1) MS. Rec. Virginia Co., III, pt. ii, pp. 23ª-25. (2) Instructions, Commis- sions, and Letters, 1606–1683, pp. 102-107. 357.* John Smyth. A list of servants remaining in Virginia. VI. Pub: Neill, Virginia Company of London, pp. 322-333. Ref: Smyth of Nibley Papers, Smyth 3 (37), pp. 153–154. Pub: N. Y. Pub. Lib. Bull., Vol. III, pp. 293–294. Catalogue: Ibid., I, p. 187. Autograph of John Smith. NY. AUGUST 12 358.* Privy Council. A warrant staying the execution of Jas. Wharton and an order sending him to Virginia. I. Ref: Privy Council Register, James I, Vol. V, p. 465. 359.* John Carter. III. SEPTEMBER PC. Petition to the Privy Council of a poor distressed prisoner to be recommended for transportation to Virginia. PRO. Ref: State Papers, Colonial, James I, Vol. II, No. 12. State Papers, Domestic, James I, Vol. 133, No. 10. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 33. 360.* “A warrant to the lord Trĕr, to give order . . . for . . . delivery vnto the Company for the Virginia Plantacon of 1000. browne bills." PRO. I. Ref: Docquet Book, Signet Office, Vol. 7. 361.* Sir Edwin Sandys. A letter to Mr. John Ferrar, concerning the discouragements in the Vir- ginia business, the ill effects of the bad news from Lady Wyatt, and his plans for Virginia. Ref: Ferrar Papers. III. Pub: Virginia Mag. of Hist., X, 417-418. MC. A. L. SEPTEMBER 10 362.* Governor in Virginia. Commission by governor and captain-general of Virginia to Sir George Yeardley to make war on the Indians; also for his voyage to Pamunkey. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, pp. 38, 39. 16455-VOL 1—06————11 LC. 160 [1622 INTRODUCTION SEPTEMBER 11 363. 'The Late Massacre in Virginia." "A Poem." V. Ref: Manchester Papers. Pub: Cited: Amer. Hist. Assoc. Rpt., 1896, I, pp. 1251-1261. SEPTEMBER 23 PRO 364.* Sir Edwin Sandys. Letter to John Ferrar, concerning books and letters to be sent to Colony by "Abigail." MC. [LC] III. Ref: Ferrar Papers. A. L. S. 1622/3 BETWEEN OCTOBER AND JANUARY 365.* Thomasin Woodshawe. Petition to the governor of Virginia. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 58. 366.* Richard Pace. Petition to governor and council in Virginia. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 58. 1622 OCTOBER 7 LC. LC. 367.* Virginia Company. A letter to the governor and council in Virginia, concerning further advice about destroying the Indians. III. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 25α–27. Pub: Neill, Virginia Company of London, pp. 347-359. OCTOBER 13 LC. 368.* Sir Edwin Sandys. A letter to John Ferrar, concerning “Ferrar's remembrances." Grieves at desperate condition of Colony. MC. [LC] VI. Ref: Ferrar Papers. A. L. S. OCTOBER 18 369.* Thomas Hamour. Petition to governor and council in Virginia. IV. Ref: MS. Rec. Virginia Co., III, pt ii, p. 58. OCTOBER 23 LC. 370.* Governor of Virginia. Commission to Capt. Ralph Hamer to force a trade with the Indians for provisions for the Colony. LC. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 39. OCTOBER 24 371.* Governor of Virginia. Commission to Capt. William Eden, alias Sampson, to trade for corn, etc., between the lat. 33° and 40°. LC. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 39a. OCTOBER 31 372.* Privy Council. Order that, on Thursday A. M., Nov. 14 [1622], the parties on both sides bring witnesses before the Lids, and the Cape Merchant of the Virginia Company be present. PC. I. Ref: Privy Council Register, James I, Vol. V, p. 509. 1622] 161 LIST OF THE RECORDS NOVEMBER 2 373.* George Sandis. Petition to governor and council in Virginia concerning the transfer of servants of William Nuce, lately deceased, to his estates in lieu of £50 indebtedness. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 39. NOVEMBER 12 LC. 374.* Governor of Virginia. Commission to Captain Isaak Maddison and Robert Bennet to trade for corn between the lat. 33° and 40°. LC. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 39a. NOVEMBER 13 375. John Donne. A sermon preached to the Honorable Companie of the Virginia Plantacon by John Dun (i. e. Donne) deane of St. Pauls, London. Printed. V. (1) JCB. (2) NY. (3) PR IV. (4) MHS. (5) NEWB. Imprinted London: A. Neat: for Thomas Jones, 1622. NOVEMBER 16 376. John Chamberlain. A letter to Sir Dudley Carleton concerning the sermon by the Dean of Pauls. VII. Ref: State Papers, Domestic, James I, Vol. 134, No. 15. Pub: Calendar: State Papers, Domestic, Vol. 134. NOVEMBER 20 PRO. 377.* Privy Council. A warrant to deliver John Carter to Lord Sackville to be sent to Virginia. I. Ref: Privy Council Register, James I, Vol. V, p. 516. NOVEMBER 26 PC. 378.* Privy Council. Order to Capt. John Bargrave vs. Sir Thomas Smyth to deliver his complaint in writing. I. Ref: Privy Council Register, James I, Vol. V, p. 518. DECEMBER PC. PRO. [LC] 379.* Henry Marten. Decree in case of the Virginia Company with Wye, absolving Wye. III. Ref: Admiralty Court, Instance and Prize, Libels 81, No. 216. 380.* Younge vs. Roberts, on ground that Wye, master of ship Garland, expelled Younge on asper- sions of Roberts. PRO. III. Ref: Admiralty Court, Instance and Prize, Libels 81, No. 256. DECEMBER 1 381. Doctor Donne. A letter to Sir Thos. Roe, giving particulars concerning his sermon before the King and Virginia Company. VII. Ref: State Papers, Domestic, James I, Vol. 134, No. 59. 382.* John Marten. DECEMBER 9 PRO. "The Requests of my brother John Marten to the Virginia Cōpany: his offer touch. that Cōpany." BM. [LC] III. Ref: Additional MSS., 12496, fo. 452. (Caesar Papers.) DECEMBER 10 383.* Governor and Council in Virginia. Proclamation of governor and council in Virginia against engrossing commodities. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 47. LC. 162 [1622-1623 INTRODUCTION DECEMBER 15 384.* Jhõ. [John] Martin. 'The manner howe to bringe the Indians into subiection without makinge an utter extirpation of them together wth the reasons. BM. [LC] VI. 385.* VI. Ref: Additional MSS., 12496, fos. 459–460. (Caesar Papers.) “The manner howe Virginia may be made a Royall plantation—.” Ref: Additional MSS., 12496, fos. 456-457. (Caesar Papers.) BM. [LC] DECEMBER 17 386. VI. 387. Council for New England. Letter to be written to the treasurer of Virginia Company against Jones for robbing natives of New England of their furs and taking some prisoners. Ref: State Papers, Colonial, James I, Vol. II, pp. 24-25. PRO. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 35. DECEMBER 18 Sir Thomas Coventry. Sir Thomas Coventry (attorney general) to the Earl of Middlesex, returning the Proclamation for Tobacco, corrected. VII. Ref: MSS. of Earl De La Warr. Pub: Calendar: Hist. MSS. Com., Fourth Report, p. 315. [WINTER] 388. Captain Butler. Captain Butler's Dismasking of Virginia. IV. KP. (1) LC. (2) PRO. [NY] Ref: (1) MS. Court Book, Virginia Co., II, 271-2. (2) State Papers, Colonial, James I, Vol. II, No. 20. Pub: (1) Kingsbury Rec. Virginia Co., II. (2) Brock, Virginia Company, II, 171– 173. (3) Sainsbury, Calendar of State Papers, p. 39. 1623 389.* Governor and Council of Virginia. Petition to the King for the grant of the sole importa- tion of tobacco to them and to Somers Island. PRO. III. Ref: State Papers, Colonial, James I, Vol. I, p 5. Pub: Sainsbury, Calendar of State Papers, p. 56. [1622/3] 390. Paper touching the discussion of salaries in the Summer Islands company. II. Ref: Manchester Papers, No. 300. Pub: Hist. MSS. Com., Eighth Report, pt. 2, p. 38. 1623 (?) PRO. 891.* Proportion of the charge to furnish and transport six men to Virginia, estimated at £114 19″. 6ª. III. Ref: State Papers, Colonial, James I, Vol. II, No. 54. PRO. [NY] Pub: Sainsbury, Calendar of State Papers, Colonial, p. 56. Transcript New York Public Library, Bancroft, II, fos. 5-7. 1623 392.* Petition for a warrant by the late Undertakers for the importation of Tobacco. At council it was agreed that the Undertakers should receive 3 d. per pound on 28000 pounds. III. Ref: MSS. of Earl De La Warr. KP. Pub: Calendar: Hist. MSS. Comm., Fourth Report, p. 283. 1623-1622/3] 163 LIST OF THE RECORDS 1623 (?) OR 1617 393.* The King. Order to Archbishops of Canterbury and York, requiring them to arrange for the collection of liberal contributions, so that the Undertakers of the Virginia plantation may erect churches and schools. I. Ref: State Papers, Colonial, James I, Vol. II, No. 37. PRO. Pub: (1) Anderson, History of the Church of England in the Colonies, pp. 315–316. (2) Sainsbury, Calendar of State Papers, Colonial, p. 49. Date in Sainsbury, 1623, but given by Alexander Brown, 1617. 1623 (?) EARLY 394.* Mr. Gibbs. To Sir E. Sa[nd]. Notes of proceedings before Lords Commissioners concerning Captain Butler's unmasking of Virginia, Thomas Smith's records, the "black box," etc. I. Ref: Ferrar Papers. MC. [LC] Indorsement in the autograph of John Ferrar. Photographic reproduction in the Library of Congress. 395. Alderman Johnson. * III. "Alderman Johnsons Declaratione of the Prosperous estate of the Colony duringe Sr Th. Smiths tyme of Gouerment." (1) LC. (2) PRO. [LC] Ref: (1) MS. Rec. Virginia Co., III, pt. 1, p. 4. (2) Manchester Papers, Nos. 344–346. The Manchester paper gives the conclusion. 1622/3 (?) 396.* Statement of advantages to Virginia and Summer Island companies of a contract in force compared with a previous period from 1619. Ref: Manchester Papers, No. 311. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 38. Autograph of Edward Collingwood (?). 1622/3 PRO. BETWEEN JANUARY AND APRIL 397.* John Robinson's son. Petition to Governor Wyatt. IV. LC. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 58, a JANUARY 3 398.* Governor in Virginia. Instructions by governor and captain general of Virginia to Tucker concerning trade. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 36. JANUARY 4 399.* Charles Harmoun. Petition to Governor Wyatt. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 38. JANUARY 20 LC. LC. 400.* Virginia Council. Letter from Council in Virginia to Virginia Company of London, acknowledging arms sent, and defending colonists for acts in massacre. LC. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, pp. 4-5.ª Pub: Neill, Virginia Company of London, pp. 363-376. 164 [1622/8 INTRODUCTION JANUARY 22 401.* Privy Council. Order that John Bargrave forbear troubling Sir Thomas Smith. I. Ref: Privy Council Register, James I, Vol. V, p. 564. JANUARY 24 402.* George Harrison. Letter to his brother, John Harrison. VI. PC. Accounts with Mr. Bennett. PRO. Ref: State Papers, Colonial, James I, Vol. II, No. 17. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 36. [FEBRUARY] 403.* The Governor, Council, and Assembly of Virginia to the King, representing Capt. Nathan Butler's information entitled "The Unmasking of Virginia." PRO. [NY] IV. Ref: State Papers, Colonial, James I, Vol. II, No. 20. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 38. A. S. Transcript. New York Public Library. Bancroft Papers, I, Fos.497–527. 404.* [Sir Nathan. Rich.] Rough notes touching the affairs of the Virginia and Summer Island Companies, especially the salary. (fragment). VI. Ref: Manchester Papers, No. 304. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 38. [FEBRUARY]? PRO. 405.* Papers touching discussion of salaries in the Summer Island Company, on Feb. 17, 1622/3, June 10, 1618. II. Ref: Manchester Papers, No. 309. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 38. PRO. FEBRUARY 2. 406.* Privy Council. Order for a contract between the Lord Treasurer on behalf of King and the Virginia Company touching the importation of tobacco. (1) PC. (2) PRO. I. Ref: (1) Privy Council Register, James I, Vol. V, p. 583. (2) Colonial Entry Book, Vol. 79, p. 203. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 37. 407. Mr. Wrote. II. FEBRUARY 4 Mr. Wrote's Project concerning salaries. Ref: MS. Court Book, Virginia Co., II, 136. Pub: Kingsbury, Rec. Virginia Co., II. 408. Objections against the salaries. LC. LC. II. Ref: MS. Court Book, Virginia Co., II, 168-169. Pub: Kingsbury, Rec. Virginia Co., II. FEBRUARY 14 409.* Governor of Virginia. Order or warrant demanding sassafras, 60,000 pounds, to be sent home. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 51ª. FEBRUARY 27 LC. 410. Proposition agreed on by the Lord High Treasurer of England and the Company of Virginia and the Summer Islands touching the sole importation of tobacco. KP. III. Ref: Duke of Dorset Collection. Pub: Peckard, Memoirs of Nicholas Ferrur. 1622/3] 165 LIST OF THE RECORDS [MARCH] 411.* [Sir Nathan. Rich.] First Rough Draft of a proposition for the advancement of His Majesty's profit, and the good of Virginia and the Summer Islands by settling the trade of tobacco. III. Ref: Manchester Papers, Nos. 312, 313. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 38. PRO. 412. Paper touching the discussion of salaries in the Summer Islands Company. VII. Ref: Manchester Papers, No. 310. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 38. 1622/3, MARCH, TO 1824, JULY PRO. 413.* Rough notes of an estimate of the value to the King for a year of the proposed preemption of tobacco and pepper. III. Ref: Manchester Papers, No. 314. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 38. [MARCH] 414.* [Sir Nathan. Rich.] Notes on the Tobacco Contract. III. PRO. PRO. Ref: Manchester Papers, No. 316. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 39. MARCH PRO. 415.* G. S. [andys]? A letter to Mr. Farrer by the "Hopewell." Ref: Manchester Papers, No. 318. IV. Pub: Hist. MSS. Com., Eighth Report, pt. 2, p. 39. A. L. S. Photograph of autograph in the Library of Congress. MARCH 4 416. Privy Council. II. Order concerning the importation of goods from colony to enforce order of October 21, 1621. (1) LC. (2) PRO. (3) PC. [NY] Ref: (1) MS. Court Book, Virginia Co., II, 232-233. (2) Colonial Entry Book, Vol. 79, p. 203. (3) Privy Council Register, James I, Vol. V, p. 618. Pub: (1) Kingsbury, Rec. Virginia Co., Vol. II. (2) Brock, Virginia Company, II, 126-127. (3) Sainsbury, Calendar of State Papers, Colonial, p. 40. 417.* Governor in Virginia. Order of the governor and captain-general of Virginia to keep the 22d of March holy, forever after. Date of the massacre. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 51ª. MARCH 5 418. Virginia Colony. Petition to King concerning the tobacco trade. II. Ref: MS. Court Book, Virginia Co., II, 221. LC. LC. Pub: (1) Kingsbury, Rec. Virginia Co., Vol. II. (2) Brock, Virginia Compcny, II, 221. MARCH 5 419.* Frethorne. Copy of a letter from Frethorne to Bateman, describing the distress of the colony due to the massacre. PRO. VI. Ref: Manchester Papers, No. 317. MARCH 7 420. Virginia Company. Answer to Privy Council, concerning importation of goods and tobacco from colony. II. Ref: MS. Court Book, Virginia Co., II, 236–237. LC. Pub: (1) Kingsbury, Rec. Virginia Co., II. (2) Brock, Virginia Company, II, 130–131. 166 [1622/3-1623 INTRODUCTION 421.* Order of court for Virginia and Summer Island, concerning Lord Cavendish's ommission of a part of Lord Treasurer's Speech at Counsell Table touching Alderman Johnson. Ref: Ferrar Papers. II. MC. [LC] Photographic reproduction in Library of Congress. Signed by Ed. Collingwood. Indorsed in autograph of Collingwood. 422.* A rough draft of above. MC. LC. II. Ref: Ferrar Papers. Indorsed in Collingwood's and John Ferrar's writing. Holograph of Ed. Collingwood. MARCH 17 423.* Extraordinary court of Sumer Island, concerning the grievances of inhabitants of Summer Island. Part of the blurred book (?). MC. [LC] II. Ref: Ferrar Papers. Photographic reproduction and transcript in the Library of Congress. Marginal entries in autograph of John Ferrar. MARCH 20 424.* Reasons offered to Privy Council against Sir Edwin Sandys's contract and joint stock for the Virginia and Summer Island tobacco, and against monopoly of tobacco. PRO. [NY] III. Ref: State Papers, Colonial, James I, Vol. III, No. 10. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 59. Transcript: New York Public Library, Bancroft Papers, II, 413–429. Date in Sainsbury, March 20, 1623/4. On MS. in contemporary writing, March 20, 1622/3. MARCH 24 425. Virginia Company. Petition to the Privy Council concerning importation of tobacco. LC. III. Ref: MS. Court Book, Virginia Co., II, 244–248. Pub: (1) Kingsbury, Rec. Virginia Co., Vol. II. (2) Brock, Virginia Company, II, 137-143. MARCH 27 426.* [Lord Treasurer Middlesex.] Copy of a letter to officers and farmers of customs, and to Abraham and John Jacob, the collectors who had delayed the passing of the tobacco in a ship from the Bermudas. PRO. I. Ref: Manchester Papers, No. 293. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 37. 1623 MARCH 28 427.* George Sandys. Letter from George Sandys to Samuel Wrote. IV. Ref: Manchester Papers, No. 319. 428. PRO. Pub: Neill, E., Virginia Vetusta, pp. 122-127. Calendar: Hist., MSS. Com., Eighth Report, pt. 2, p. 39. Holograph. Samuel Matthews. A letter concerning the property of Thomas Sheffield, and his son, who was tongue-tied. PRO. III. Ref: Admiralty Court, Instance and Prize, Libels 80, No. 118. 1628] 167 LIST OF THE RECORDS MARCH 30 429.* George Sandys. A letter to his brother, Sir Samuel Sandys, imputing the cause of "theyr ill proceedings to ye directions from hence." IV. 430.* IV. Ref: Manchester Papers, No. 320. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 39. PRO. A letter to his brother, Sir Miles Sandys, complaining that the colony would have been strong had they settled close together. Ref: Manchester Papers, No. 321. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 39. 431.* Virginia Council. Virginia Council to Lord Treasurer Mandeville, concerning tobacco. III. Ref: State Papers, Colonial, James I, Vol. II, No. 21. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 41. Transcript: New York Public Library, Bancroft Papers, II, folios 9-13. MARCH 31 PRO. PRO. [NY] 432.* William Capp. A letter to John Ferrar complaining of George Sandys, approving the gov- ernor, and censuring the company. IV. Ref: Manchester Papers, No. 322. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 39. [MARCH OR APRIL (?)] PRO. 433.* William Capps. A letter to Dr. Wynston, censuring the council. A friend of Captain Butler. VI. Ref: Manchester Papers, No. 323. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 39. [APRILP] PRO. 434.* [Nathan. Rich] Bargrave's charge against Sir Thomas Smyth, with answers in rough draft by [Nathan. Rich.] VI. Ref: Manchester Papers, No. 351. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 43. [APRIL OR MAY?] 435.* Nathan. Butler. A letter to Nathaniel Rich. VI. Ref: Manchester Papers, No. 355. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, pp. 43–44. PRO. PRO. 436.* List of names of persons fit to be Governor and Deputy Governor of Virginia and Summer Island Companies. VI. Ref: Manchester Papers, Nos. 356, 357, 358, 359. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 44. [APRIL-JUNE] PRO. 437.* [Nathan. Rich] Notes of the "lres from Virginia; all but Frethorne's, wch must be added out of the Coppy at large." VI. Ref: Manchester Papers, No. 340. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 42. BETWEEN APRIL AND MAY PRO. 438.* [N. Rich] Rough notes of heads and references to prove charges of mismanagement against the Sandys faction of the Virginia Company. PRO. [LC] VI. Ref: Manchester Papers, No. 342. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 42. 168 [1623 INTRODUCTION BETWEEN APRIL AND JUNE 439.* Adventurers and Planters. Complaint from adventurers and planters to His Majesty's commissioners against Sir Ed. Sandys et al. in the last four years of the government. III. Ref: Manchester Papers, No. 343. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 42. PRO. 440.* [Alderman Johnson] Part of a draft of a statement (under heads numbered 10–39) touching the miserable condition of Virginia and its causes. PRO. VI. Ref: Manchester Papers, Nos. 347, 348. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, pp. 42–43. 441.* Statement "from attestation of divers sufficient understanding sea men" as to the bad condi tion in Virginia. IV. Ref: Manchester Papers, No. 349. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 43. PRO- 442.* [N. Rich] Beginning of rough draft of a certificate affirming the truth of statements of Captain Butler. PRO. III. Ref: Manchester Papers, No. 350. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 43. 443.* Note of the men sent to Virginia in Sir Thomas Smythe's time, over 600 "confessed," with names of ships conveying them. VI. Ref: Manchester Papers, No. 352. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 43. [APRIL ?] PRO. 444.* Answer of Adventurers and Planters in Virginia and Summer Islands to a petition exhibited to His Majesty by Lord Cavendish et al. in name of Companies. III. Ref: Manchester Papers, No. 353. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 43. APRIL PRO. 445. Alderman Jonnson. Petition of Adventurers and Planters to the King, praying the appoint- ment of a commission to investigate the abuses of the Virginia affairs and propound a reform. (1) PRO. (2) LC. Ref: (1) Manchester Papers, No. 328. (2) MS. Court Book of the Virginia Company, II, 270-271. VI. Pub: (1) Kingsbury, Records Virginia Co., II. (2) Neill, Virginia Company of Lon- don, pp. 387-389. (3) Brock, Virginia Company, II, 169–170. The indorsement gives Alderman Johnson as the author. The autograph is quite different from Johnson's. This is recorded in the Court Book under the date of April 18. “Names of Adventurers that dislike yº present proceedings of business in yº Virginia and Somers Islands Companies." 446.* VI. PRO. Ref: Manchester Papers, No. 327. Pub: Brown, Genesis, II, 982. Indorsement in autograph of N. Rich. [APRIL] 447.* "Articles of Inquirie for the Counc" of Virginia" etc. Addressed to Nath. Rich. Ref: Manchester Papers, Nos. 331, 332, 333. VI. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 40. Autograph similar to George Sandys's. PRO. 1623] 169 LIST OF THE RECORDS 448.* Alderman Johnson. his Maty." VI. [APRIL?] "Alderman Johnson's rough draught to a Comission & the petičon to Ref: Manchester Papers, No. 329. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 40. Photograph of part in Library of Congress. PRO. [LC] 449.* Heads of inquiries in Virginia by commissioners there. VI. Ref: Manchester Papers, No. 334. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, pp. 40-41. Autograph similar to John Harvey's. PRO. 450.* P. Arundle. Extract from letter of P. Arundle, recounting how Spilman was cut off by Indians, and attributing treachery to the example of Europeans. PRO. VI. Ref: Manchester Papers, No. 341. VI. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 42. 451.* Account of a small supply sent to Virginia in the "Bonny Bess," April, 1623. Ref: Smyth of Nibley Papers, Smyth, 3 (38), p. 155. Pub: Catalogue: N. Y. Pub. Lib. Bull., I, 157. In John Smith's autograph. NY. BETWEEN APRIL AND SEPTEMBER 452.* Samuel Moll. Petition to Governor Wyatt to sell and return to England. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 59ª. 453.* Thomas Passmore. Petition to Governor Wyatt concerning service of indentured servant. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 59. 454.* Petition to Governor Wyatt by "Margaret and John's" Company, asking freedom from bond to Mr. Douglas. LC. LC. LC. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 59. APRIL 2 AND 3 455.* Richard Frethorne. A copy of a letter to his father and mother, concerning suffering from want. VI. Ref: Manchester Papers, No. 325. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 40. AFTER APRIL 4 PRO. 456.* Council in Virginia. Letter from the Council in Virginia to the Virginia Company in London, telling of the recovery of the colony. LC. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 7. APRIL 4 457.* Council in Virginia. Letter to Virginia Company of London, describing attempts for sassa- fras & silke-grass; return of planters to different houses, etc., and treaty with Indians. (1) LC. (2) PRO. IV. Ref: (1) MS. Rec. Virginia Co., III, pt. ii, pp. 6, 6*. (2) State Papers, Colonial, James I, Vol. II, No. 22. Pub: Sainsbury, Calendar of State Papers, Colonial, pp. 41-42. APRIL 12 458. Virginia Company. Petition to the King concerning Alderman Johnson's petition. III. Ref: MS. Court Book, Virginia Co., II, 263-264. Pub: (1) Kingsbury, Rec. Virginia Co., II. (2) Brock, Virginia Company, II, 164. LC. 170 [1623 INTRODUCTION APRIL 7 459.* Sir Francis Wyatt. A letter to John Ferrar, giving particulars of rebuilding of colony and advising extinction of the Indians and martial law. PRO. [NY] IV. Ref: State Papers, Colonial, James I, Vol. II, No. 26. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 42. Transcript, New York Public Library, Bancroft Papers, II, fos. 33-41. APRIL 8 460.* George Sandys. A letter to John Ferrar, relating the distressed condition of the colony. IV. Ref: State Papers, Colonial, James I, Vol. II, Nos. 27, 35. PRO. [NY] Pub: Sainsbury, Calendar of State Papers, Colonial, p. 42. No. 35 is an autograph letter and is indorsed Sandys to the Company. Transcript, New York Public Library, Bancroft Papers, II, fos. 45–59. APRIL 11 461.* George Sandys. A letter to John Ferrar. IV. Ref: Manchester Papers, No. 326. III. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 40. APRIL 12 PRO. 462. Virginia Company. A relation to the King concerning the proceedings of colonies. (1) LC. (2) PRO. Ref: (1) MS. Court Book, Virginia Co., II, 255-263. (2) Manchester Papers, No. 360. Pub: (1) Kingsbury, Rec. Virginia Co., II. (2) Brock, Virginia Company, II, 152–162. (3) Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 44. 463. III. A declaration of the present state of Virginia presented to the King. Ref: MS. Court Book, Virginia Co., II, 253. LC. Pub: (1) Kingsbury, Rec. Virginia Co., II. (2) Brock, Virginia Company, II, 148–151. APRIL 14 464.* Christopher Davison. A letter to John Ferrar concerning the arrival of the "Margaret and John" in distress from an attack by the Spanish. PRO. [NY] IV. Ref: State Papers, Colonial, James I, Vol. II, No. 28. Pub: (1) Virginia Mag. of Hist., VI, 243-244. (2) Sainsbury, Calendar of State Papers, Colonial, p. 43. Transcript, New York Public Library, Bancroft Papers, II, fos. 61-65. 465.* [Nathan. Rich.] Draft of instructions to the commissioners to investigate the Virginia affairs. VI. Ref: Manchester Papers, No. 330. PRO. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 40. APRIL 15 466.* Captain Kendall. A letter from the Summer Islands to Sir Ed. Sandys telling of the blowing up of the "Seaflower," bound for Virginia. MC. [LC] IV. Ref: Ferrar Papers. A. L. S. Photographic reproduction of part and transcript in the Library of Congress. APRIL 17 467.* Privy Council. An order that, upon hearing Lord Cavendish and others, representatives, a commission be appointed to inquire into the true state of Virginia and Somers Island plantations. I. Ref: Privy Council Register, James I, Vol. V, pp. 668–669. PC. Pub: (1) LeFroy, Memorials of the Bermudas, I, 289–290. (2) Sainsbury, Calendar of State Papers, Colonial, p. 44. 1623] 171 LIST OF THE RECORDS • APRIL 18 468. Lord Treasurer Middlesex. A letter to Secretary Conway, concerning proceedings in Privy Council for the King's information respecting the differences of the two companies of Virginia and Somers Islands. I. Ref: State Papers, Domestic, James I, Addenda, Vol. 43. PRO. Pub: (1) LeFroy, Memorials of the Bermudas, I, 290–291. (2) Sainsbury, Calendar of State Papers, Colonial, p. 44. APRIL 19 469. John Chamberlain. A letter to Sir Dudley Carleton concerning the great faction in the Virginia Company. VII. Ref: State Papers, Domestic, James I, Vol. 143, No. 22. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 44. APRIL 21 PRO. 470.* “Coppie of the Courte books deliuered by order of the Lords of his Maties Counsell to the Secretary." A Receipt for Court Books from Jan. 28, 1606, to April 2, 1623. Ref: Ferrar Papers. MC. [LC] III. Photographic Reproduction in the Library of Congress. 471.* "A Memoriall of some things wch it may please the lls to insert in their Lop letters to Vir- ginia and the Summer Islands." VI. Ref: Manchester Papers, No. 335. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 41. Indorsed in Autograph of N. Rich: "deliv. by me to the L. Treas." APRIL 23, 25 PRO. 472.* John Wright. A petition to Governor Wyatt demanding that Mr. Douglas deliver certain goods to him which he had had in partnership with Mr. Langley, deceased, master of ship. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 59. IV. APRIL 24 AND MAY 3 LC. 473.* Petition to Governor Wyatt and Council in Virginia by passengers in the Margaret and John complaining of evil treatment. LC. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 58ª. APRIL 24 474. Lord Treas. Middlesex. Lord Treas. Middlesex to Secretary Conway, stating that the draft of the Ireland and Virginia commissioners is ready. PRO. VII. Ref: State Papers, Domestic, James I, Vol. 143, No. 60. Pub: Calendar: State Papers, Domestic, Vol. 143. APRIL 26 AND MAY 3 475.* John Loyde. Petition to Governor and Council in Virginia demanding freedom from appren- ticement to Langley. IV. Ref: MS. Rec. Virginia Co., III, pt. ii., p. 59. APRIL 28 LC. 476.* Privy Council. Order disallowing the letters of the Virginia Company to the colony and dis- solving the tobacco contract. (1) PC. (2) & (3) LC. I. Ref: (1) Privy Council Register, James I, Vol. V, p. 674. (2) MS. Rec. Virginia Co., III, pt. i, p. 1ª. (3) Instructions, Commission, and Letters, 1606–1683, pp. 61-62. Pub: (1) LeFroy, Memorials of the Bermudas, I, 293–294. (2) Sainsbury, Calendar of State Papers, Colonial, p. 45. 172 [1623 INTRODUCTION I. 477.* Privy Council. Letter to " Governor, Council and Colony in Virginia," urging care of forti- fications, provisions, and habitations. (1) & (3) LC. (2) PRO. (4) PC. [NY] Ref: (1) MS. Rec. Virginia Co., III, pt. i, p. 1. (2) Colonial Entry Book, Vol. 79, p. 205. (3) Instructions, Commissions, Letters, 1606-1683, pp. 59-60. (4) Privy Council Register, James I, Vol. V, p. 675. 478.* I. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 45. Transcript, New York Public Library, Bancroft Papers, II, fos. 93–95. Letter to the "Councell in Virginia," announcing Act of Court in London concerning Tobacco. LC. PRO. Ref: (1) Colonial Entry Book, Vol. 79, p. 204. (2) Privy Council Register, James I, Vol. V, p. 674. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 45. Copy of a letter to the Governor of Virginia, sent by "Bonny Bess." I. Ref: Ferrar Papers. 479.* 480. IV. MC. Planters. Answer of Planters to Captain Butler's "Unmasked face of Virginia" as it was written in 1622. Ref: MS. Court Book, Virginia Co., II, 275–277. LC. Pub: (1) Kingsbury, Rec. Virginia Co., II. (2) Neill, Virginia Company of London, pp. 395–404. (3) Brock, Virginia Company, II, 175–183. APRIL 29 481.* Governor in Virginia. Proclamation calling for labor on the fort at Wariscoyack. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 50ª. [MAY P] LC. 482.* Nicholas Ferrar. Nicholas Ferrar's computation by which he would prove that to pay but 9ª per pound for Planters' tobacco and bring all in is worse than before to pay 12ª and be at liberty to bring in what we will. PRO. VI. Ref: Colonial Entry Book, Vol. 74, p. 204. Manchester Papers, No. 354. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 43. Indorsed in autograph of Nath. Rich. 483.* "A Briefe Answere to a declarañon made and delivered to his Matie" in Easter week, con- cerning accusations against the colony. VI. Ref: Manchester Papers, Nos. 361, 362. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, pp. 44, 45. PRO. No. 361 is in Nathaniel Rich's autograph. No. 362 is in that of Alderman Johnson. 484.* [Nicholas] Farrar. "The names of divers Knights, Citizens and Burgesses of Lower House of Commons that are Adventurers and Free of Virginia Compagny and yet have not followed the bussiness for sundry yeares." PRO. VI. Ref: Manchester Papers, No. 371. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 46. Autograph of Nicholas Ferrar. Indorsed in autograph of N. Rich as "by Mr. Farrar." [MAY] 485.* [Nath. Rich?] Heads of two letters to be written to Virginia Company by Mr. Secretary, declaring His Majesty's pleasure respecting restraint of factious persons, and suggesting limitation of adventurers. PRO. VI. Ref: Manchester Papers, Nos. 372, 373. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 46. 1623] 173 LIST OF THE RECORDS 486.* The Petition and the heads of suggested answer to an intended petition of the Virginia Com- pany to the King to reconsider his letter respecting constitution of their courts. PRO. Ref: Manchester Papers, Nos. 374, 375. VI. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 46. 487.* Alderman Johnson. Draft of Mr. Johnson's observations on the mode of interpreting his Majesty's letter, adopted by some members of the [Virginia] court. PRO. VI. Ref: Manchester Papers, No. 377. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 46. 488.* Adventurers and Planters. Petition to the Privy Council by sundry adventurers and planters of the Virginia and Summer Islands Companies, concerning unjust accusations, read by Nicholas Ferrar on April 30. PRO. III. Ref: Manchester Papers, No. 363. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 45. MAY 2 489.* Virginia Company. Letter to the Governor and Council in Virginia, concerning commodities and the tobacco contract. Revised by the Privy Council. III. LC. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 27. a Instructions, Commissions and Let- ters, 1606-1683, pp. 110-112. Pub: Neill, Virginia Company of London, 391–394. MAY 4 490.* Anthony Hilton. A letter to his mother, concerning the colony. VI. Ref: Manchester Papers, No. 364. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 45. MAY 7 PRO. 491. Virginia Company. True answer to Captain Butler's "The Unmasked face of our colonie in Virginia." (1) LC. (2) BM. PRO. Ref: (1) MS. Court Book, Virginia Co., II, 286–287. (2) Sloane, 1039, fo. 92 (part of the document). III. Pub: (1) Kingsbury, Rec. Virginia Co., II. (2) Brock, Virginia Compary, II, 191–194. 492. Virginia Council. Declaration to his Majesty by the Counsell for Virginia [in London], con- cerning dissentions in the companies. LC. III. Ref: MS. Court Book, Virginia Co., II, 288-298. Pub: (1) Kingsbury, Rec. Virginia Co., II. (2) Brock, Virginia Company, II, 195–205. 493. Planters and Adventurers. The answer of planters and adventurers to Alderman Johnson's LC. III. petition. Ref: MS. Court Book, Virginia Co., II, 283-285. Pub: (1) Kingsbury, Rec. Virginia Co., II. (2) Brock, Virginia Company, II, 186–191. 494. Virginia and Summer Islands Companies. Petition to King requesting thorough investi- gation of Virginia affairs and the return of their records, sequestered 14 days since. LC. Ref: MS. Court Book, Virginia Co., II, 299. III. Pub: (1) Kingsbury, Rec. Virginia Co., II. (2) Brock, Virginia Company, II, 205–207. MAY [BETWEEN 7 AND 13] 495.* Adventurers and Planters. Petition of "sundry adventurers and planters of the Virginia and Summer Islands Companies to Privy Council to command Lord Cavendish, Sr E. Sandys, Mr. John and Nicholas Farrar to appear with certain writings of May 7." PRO. [LC] III. Ref: Manchester papers, No. 366. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 45. 174 [1628 INTRODUCTION MAY 8 496.* Secretary Conway. A letter to Sir Ed. Sackville, from Theobalds, concerning the petition on behalf of Virginia. VI. 497.* I. Ref: State Papers, Domestic, James I, Vol. 214. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 45. PRO. A letter to Secretary Calvert, from Theobalds, to hasten the passing of the commis- sion concerning Virginia. Ref: State Papers, Domestic, James I, Vol. 214. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 45. [PROBABLY BEFORE MAY 7] 498.* Governor in Virginia. Proclamation of the governor and captain-general of Virginia to be careful of the savage treachery. Ref: MS. Records, Virginia Co., III, pt. ii, p. 47ª. MAY 9 LC. 499.* Privy Council. Commission to Sir William Jones, Sir Nicholas Fortescue, Sir Thomas Gofton, Sir Richard Sutton, Sir William Pitt, Sir Henry Bourchier, and Sir Henry Spiller to I. investigate the conditions of disputes in Virginia, and report method of procedure. (1) BM. (2) PRO. (3) LC. Ref: (1) Additional MSS., 29975, fos. 63-64. (2) Docquet Book, Signet Office, Vol. 7; Patent Roll 21, James I, 19th part. (3) Virginia Misc. Records (Bland copy), pp. 126-132. 500.* Governor in Virginia. Proclamation by the governor and captain-general of Virginia for planting sufficient corn. LC. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. MAY 11 501.* Governor in Virginia. Commission by governor and captain-general of Virginia to Captain Smith to build a fort at Warosquayak. LC. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 40. MAY 12 502.* Governor in Virginia. Commission by governor and captain-general of Virginia to Gilbert Peppet to trade with y° Indians. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 40. 503.* Indians. LC. Commission by governor of Virginia to Capt. Ralph Tucker to go against the IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 50ª. MAY 13 LC. 504.* Governor in Virginia. Warrant of governor in Virginia for sending every twentieth man to work on the fort at Wariscayack. LC. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 51º. 505.* Privy Council. Order demanding that John and Nicholas Ferrar, of the Virginia Company, be confined to houses till further order, as guilty of contempt of Order of Council Table. I. (1) PRO. (2) PC. Ref: (1) Colonial Entry Book, Vol. 79, pp. 205–206. (2) Privy Council Register, James I, Vol. V, p. 699. Pub: (1) Brown, First Republic, 526. (2) Sainsbury, Calendar of State Papers, Colonial, pp. 45-46. 1623] 175 LIST OF THE RECORDS MAY 14 506.* Secretary Calvert. A letter to the Earl of Southampton, notifying the Virginia Company not to proceed with election of officers until the pleasure of King be known. I. Ref: State Papers, Colonial, James I, Vol. II, No. 29. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 46. Transcript: New York Public Library, Bancroft Papers, II, fos. 101–2. PRO. [NY] 507.* Secretary Sir George Calvert. A letter to Secretary Conway, stating that election of officers of Virginia Company is ordered postponed by King in Council till next court. VII. Ref: State Papers, Domestic, James I, Vol. 144, No. 45. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 46. MAY 16 PRO. 508.* [Nathan Rich.] "Note which I presently took of Captain John Bargrave's discourse to me concerning Sir Edwin Sandys." VI. Ref: Manchester Papers, No. 368. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 45. MAY 18 PRO. 509. The King. Letter to the Virginia Company concerning the appointment of Commissioners. I. Ref: MS. Court Book, Virginia Co., II, 317–318. LC. Pub: (1) Kingsbury, Rec. Virginia Co., II. (2) Brock, Virginia Company, II, 217. MAY 18, 21 510.* Privy Council. Orders releasing Lord Cavendish, Sir Edwin Sandys, and John and Nicholas Ferrar. I. Ref: Privy Council Register, James I, Vol. I, p. 709. [AFTER MAY 18] PC. 511.* Virginia Company. Reasons alleged to persuade the King to reconsider his letter of May 18 not permitting members of Company to meet unless having planters in Virginia. III. Ref: Manchester Papers, No. 376. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 46. For the petition formulated, see ante No. 482. MAY 20 PRO. PRO. 512.* The King. Copy of a letter to Governor and Company of Summer Islands to keep meetings and place distinct from Virginia Company, and concerning choice of officers. Ref: Manchester Papers, No. 369. I. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 45. MAY 22 513.* Privy Council. Order demanding that all records of Virginia and Somers Islands Companies be delivered to the Commissioners, and that packets from the Colonies be opened by the Commissioners hereafter and be disposed of at will. (1) PRO. (2) PC. I. Ref: (1) Colonial Entry Book, Vol. 79, pp. 206-207. (2) Privy Council Register, James I, Vol. V, p. 714. Pub: (1) Brown, A., First Republic, pp. 532–533. (2) Sainsbury, Calendar of State Papers, Colonial, p. 46. MAY 29 514.* Governor in Virginia. Commission by governor and captain-general of Virginia to Captain Pierce to be captain of yº guard. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 40ª. 16455-VOL 1-06-12 LC. 176 [1623 INTRODUCTION [JUNE OR JULY ?] 515.* Draft of a preliminary report of the commissioners on the condition of the colony of Virginia. VI. Ref: Manchester Papers, No. 382. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 46. [JUNE P] PRO. 516.* [N. Rich.] Rough draft of a project for the better government of the colony and company. VI. Ref: Manchester Papers, No. 381. PRO. [LC] Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 46. JUNE (P) 517.* Virginia Council. Treasurer and council for Virginia to the Privy Council concerning Capt. John Bargrave's Petition. PRO. III. Ref: State Papers, Colonial, James I, Vol. II, No. 7. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 30. JUNE 518.* List of 72 patents granted to several persons named, all of whom have divers partners "whose names and several shares we do not know." PRO. III. Ref: State Papers, Colonial, James I, Vol. II, No. 33. Pub: (1) Brown, First Republic, pp. 628–630. (2) Sainsbury, Calendar of State Papers, Colonial, p. 47. 519.* List of shareholders in Virginia Company, with the number of shares and reason for allot- ment-by purchase or otherwise, March, 1616-June, 1623. PRO. III. Ref: State Papers, Colonial, James I, Vol. II, No. 33. Pub: (1) Virginia Mag. of Hist, IV, 299–310. (2) Sainsbury, Calendar of State Papers, Colonial, p. 47. JUNE 4 520. The King. Letter to the Virginia Company. I. (1) LC. (2) PRO. Ref: (1) MS. Court Book, Virginia Co., II, 319. (2) Manchester Papers, No. 378. Pub: (1) Kingsbury, Rec. Virginia Co., II. (2) Brock, Virginia Company, II, 218–219. (3) Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 46. The document in Manchester papers is indorsed "Vera Copia" and bears the autograph signature of Ed: Collingwood, Secre. 521.* Examination of Captain Isaac and Mary Madison and Serjeant John Harris, taken before Sir Francis Wyatt, Governor, and the Council of Virginia, and Christopher Davison, Secretary, touching supposed contract of marriage three or four days after husband's death; since she has disavowed said contract and formed a new one with William Ferrar. PRO. IV. Ref: State Papers, Colonial, James I, Vol. II, No. 30. Pub: (1) Brown, First Republic, 563-565. (2) Sainsbury, Calendar of State Papers, Colonial, p. 46. Signed: "Extract," Ed. Sharpless, Cler. JUNE 14 522. Colony in Virginia. Letter to Virginia Company, concerning a settlement about the fort, Martin's Hundred, and the seizing of Dutch and French Traders as prizes. IV. Ref: MS. Court Book, Virginia Co., II, 348. LC. Pub: (1) Kingsbury, Rec. Virginia Co., II. (2) Brock, Virginia Company, II, 238–9. 1623] 177 LIST OF THE RECORDS JUNE 19 523.* "Notes Taken out of Ires wch came from Virginia in the Abigail and were def the Com™" VI. Ref: Manchester Papers, Nos. 338, 339. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, pp. 41-42. JUNE 23 PRO. 524.* [Sir Nathaniel Rich]. Draft of a proposition, delivered to the Lord Treasurer, for resettling the estate of Virginia. VI. Ref: Manchester Papers, No. 379. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 46. JUNE 24 525. James I. Letter to Virginia Company, to forbear election of officers. I. PRO. (1) LC. (2) PRO. Ref: (1) MS. Court Book, Virginia Co., II, 329. (2) Manchester Papers, No. 380. Pub: (1) Kingsbury, Rec. Virginia Co., II. (2) Brock, Virginia Company, II, 220–221. (3) Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 46. 526. A quarter court held for Virginia. II. Ref: Ferrar Papers. JUNE 25 Pub: Kingsbury, Rec. Virginia Co., II. Original of the entry in the MS. Court Book; see date. JUNE 30 MC. 527.* Secretary Conway. A letter to Secretary Sir George Calvert, concerning desire of King that the Lords of the Privy Council attend promptly to the business of the Virginia Company until concluded. PRO. VII. Ref: State Papers, Domestic, James I, Vol. 147, No. 88. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 47. [JULY ?] 528.* Draft of an answer or notes for an answer to the proposition made by Lord Chichester for the better settling of the Plantation in Virginia. VI. Ref: Manchester Papers, No. 387. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 47. PRO. 529.* Captain Baily. I. Project that the King should make a plantation in Virginia or New Eng- VI. land by transportation of poor. II. Project concerning Virginia. Ref: State Papers, Domestic, James I, Vol. 189, Nos. 36, 53. Pub: Sainsbury, Calendar of State Papers, Colonial, pp. 50, 56. JULY 2 PRO. 530. Virginia Company. Answer to the Privy Council stating that they have taken consideration as to a supply, and asking until Friday to advise. (1) LC. (2) PRO. [NY] III. Ref: (1) MS. Court Book, Virginia Co., II, 333. (2) State Papers, Colonial, James I, Vol. II, No. 34. Pub: (1) Kingsbury, Rec. Virginia Co., post, II. (2) Brock, Virginia Company, II, 226. (3) Sainsbury, Calendar of State Papers, Colonial, p. 47. Transcript: New York Public Library, Bancroft papers, Vol. II, fos. 118–115. 178 [1623 INTRODUCTION 531. Lord President Mandeville. A letter to Secretary Conway stating that the Virginia Com- pany have taken measures for the relief of misery in colony, and are considering rules PRO. [NY] for better government. VII. Ref: State Papers, Colonial, James I, Vol. II, No. 35. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 47. Transcript: New York Public Library, Bancroft papers, Vol. II, fos. 109-111. 532.* Delphebus Canne. A letter from Virginia to John Delbridge, concerning want in the colony and the hope for a good harvest. PRO. [NY] VI. Ref: State Papers, Colonial, James I, Vol. II, No. 36. Pub: Calendar: (1) Virginia Mag. of Hist., 373-374. (2) Sainsbury, Calendar of State Papers, Colonial, p. 48. Transcript: New York Public Library, Bancroft papers, Vol. II, fos. 117–123. 533.* Privy Council. Rules set down for the better government in Virginia. I. Ref: State Papers, Colonial, James I, Vol. II, No. 35. PRO. Pub: (1) Brown, First Republic, 543. (2) Sainsbury, Calendar of State Papers, Colo- nial, p. 48. JULY 3 534.* Secretary Conway. A letter to Lord Treasurer Middlesex, concerning the refusal of the Virginia Company to comply with the King's request; to be referred to the Attorney- General. VII. Ref: State Papers, Domestic, James I, Vol. 148, No. 19. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 48. JULY 4 PRO. 535.* Privy Council. Order on a representation of Lord Cavendish and others of the Virginia Company, concerning relief to Virginia planters in danger of famine by a general contribution of the whole company. (1) PRO. (2) PC. [NY] I. Ref: (1) Colonial Entry Book, Vol. 79, p. 207. (2) Privy Council Register, James I, Vol. VI, p. 55. Pub: (1) Brown, First Republic, 539. (2) Sainsbury, Calendar of State Papers, Colonial, p. 49. Transcript, New York Public Library, Bancroft Papers, Vol. II, fos. 129–131. JULY [4] 536.* List of names of those who will adventure, and amounts subscribed for victuals and provisions to be sent to relief of colony and to particular friends. PRO. [NY] III. Ref: State Papers, Colonial, James I, Vol. II, No. 38. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 49. Transcript, New York Public Library, Bancroft Papers, Vol. II, fos. 135–149. JULY 4 537.* Privy Council. Order to restore Samuel Wrot to his place of counsellor for Virginia and to have session and free vote in courts, notwithstanding deprivation from counsell and suspension from courts. PC. I. Ref: Privy Council Register, James I, Vol. VI, p. 57. 538.* List of names who will adventure and amounts to be paid to Richard Caswell, chosen treasurer for the present magazine, for necessary provisions for Virginia. Total, £727. III. Ref: State Papers, Colonial, James I, Vol. II, No. 39. PRO. [NY] Pub: Sainsbury, Calendar of State Papers, Colonial, p. 49. Transcript, New York Public Library, Bancroft Papers, Vol. II, fos. 125–127. # 1623] 179 LIST OF THE RECORDS 539. "At a Court held for Virginia on Friday in yº Forenoone y 4th of July, 1623." II. Ref: Ferrar Papers. Pub: Kingsbury, Rec. Virginia Co., II. Original of the entry in the MS. Court Book, see date. MC. JULY 5 540. Lord President Mandeville. A letter to Secretary Conway, concerning the measures taken by the Virginia Company for the relief of the colony. PRO. [NY] VII. Ref: State Papers, Colonial, James I, Vol. II, No. 40. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 49. Transcript, New York Public Library, Bancroft Papers, Vol. II, fos. 133-137. JULY 9 541. Virginia Court. "M' Deputy acquaynted ye Comp that according to ye direcĉon of ye Last Court he presented to ye LL, of his Mats privy Counsell a short Declarañon that was then ordered to be drawne vp, wherein (among other things) was signifyed of ye Com- panies intent to send a speedy supply to Virginia." II. Ref: Ferrar Papers. Pub: Kingsbury, Rec. Virginia Co., post, II. Original of the entry in the MS. Court Book, see date. MC. JULY 12 542. [N. Rich.] Rough draft of heads of charges against governors of Virginia Company presented to the commissioners. VI. Ref: Manchester Papers, No. 386. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 47. PRO. JULY 15 543.* Record of a meeting of the grand committee to answer to the 15 articles prepared against the company at a meeting of the commissioners. MC. III. Ref: Ferrar Papers. JULY 17, 23 544.* Governor Wyatt. Commission to Capt. Pierce to burn yº Indians' Corn; with a minute of the other commissions of that sort and the time when they fell upon the Indians. IV. Ref: MS. Rec., Virginia Co., III, pt. iì, p. 41. JULY 19 LC. 545.* Privy Council. Order giving allowance of pay to officers attending on the commissioners to examine the Virginia business. PC. Ref: (1) Colonial Entry Book, Vol. 79, p. 207. (2) Privy Council Register, James I, Vol. VI, p. 72. I. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 50. JULY 21 546.* [Secretary Conway.] A letter to Sir Thomas Smythe et al., asking their opinion on Captain Baily's proposition. VI. Ref: State Papers, Domestic, James I, Vol. 149, No. 16. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 50. PRO. 180 [1623 INTRODUCTION JULY 22 547.* Privy Council. Order appointing Lords Grandison, Carew, and Chichester to take notes hereto adjoined into consideration, and to frame therefrom such orders as are most fit for regulating the government of Virginia. (1) PRO. (2) PC. [NY] I. Ref: (1) Colonial Entry Book, Vol. 79, p. 194. (2) Privy Council Register, James I, Vol. VI, p. 76. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 50. Transcript, New York Public Library, Bancroft Papers, Vol. II, fo. 141. JULY 23 548.* An account of sums subscribed and supplies sent since April last for the relief of Virginia, with the names of vessels. £3,300. PRO. [NY] 549. III. Ref: State Papers, Colonial, James I, Vol. II, No. 42. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 50. Transcript, New York Public Library, Bancroft Papers, Vol. II, fos. 157–161. JULY 26 John Chamberlain. A letter to Sir Dudley Carleton, concerning the strife between the factions of the Earl of Warwick and of Lord Cavendish. PRO. VII. Ref: State Papers, Domestic, James I, Vol. 149, No. 48. Pub: (1) Le Froy, Memorials of the Bermudas, I, 322–323. (2) Sainsbury, Calendar of State Papers, Colonial, p. 51. JULY 28 550.* Lord President Mandeville. A letter to Secretary Conway, stating that the Attorney- General is to pass upon the power of the King to issue another patent to the Virginia Company. PRO. VII. Ref: State Papers, Domestic, James I, Vol. 149, No. 76. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 51. JULY 31 551.* Attorney-General Coventry and Solicitor-General Heath. A letter to the King, giving an opinion concerning the resuming of the patent of the Virginia Company. Ref: State Papers, Colonial, James I, Vol. II, No. 43. PRO. [NY] I. Pub: (1) Brown, First Republic, 547-548. (2) Sainsbury, Calendar of State Papers, Colonial, p. 51. Transcript, New York Public Library, Bancroft Papers, Vol. II, fos. 165–171. 552.* Note of victuals and provision sent by private persons to Virginia in the "George," which is to go to Gravesend on Monday next. [Total, £536.] PRO. [NY] III. Ref: State Papers, Colonial, James I, Vol. II, No. 43. I, II. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 51. Transcript, New York Public Library, Bancroft Papers, Vol. II, fos. 153-155. [Gives date July 23.] 553.* Protection to Captain John Bargrave. I. AUGUST Ref: Docquet Book. Signet Office. AUGUST 6 PRO. 554.* Virginia Company. Letter to the governor and council in Virginia, concerning the letter of Lords Council in regard to a change in government. III. LC. Ref: (1) MS. Rec. Virginia Co., III, pt. ii, pp. 28-30. (2) Instructions, Commissions, and Letters, 1606-1683, pp. 113–124. 1623] 181 LIST OF THE RECORDS AUGUST 12 555. Lord Chichester. A letter to the Countess of Warwick touching the projected duel between the Earl of Warwick and Lord Cavendish. VII. Ref: Manchester Papers, No. 160. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 29. AUGUST 31 556.* Governor in Virginia. Proclamation settling the rates of commodities. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 48ª. IV. 557.* Proclamation about the payment of debts. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 49. BETWEEN SEPTEMBER AND OCTOBER PRO. LC. LC. 558.* Stephen Gingby and others. Petition to governor of Virginia by Stephen Gingby and the rest of the company belonging to the "Everett" of Midleborough. LC. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 60. IV. 559.* William Crakeplace. Petition to the governor in Virginia, demanding that the contract with Mr. Langley be fulfilled by Mr. Douglas, his successor as master of the "Margaret and John.' LC. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 59ª. SEPTEMBER 4, 8 560.* John Penreis. Petition to governor and council in Virginia in regard to rights of trading. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 59ª. SEPTEMBER 4 561.* Governor in Virginia. Proclamation about trading with Indians for corn in the bay. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 49. SEPTEMBER 16 LC. LC. 562.* Invoice of goods sent to Virginia by John Harrison in "Marmaduke," John Dennis, master, for use of George Harrison. VI. Ref: State Papers, Colonial, James I, Vol. II, No. 44. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 52. SEPTEMBER 21 PRO. 563.* Governor in Virginia. Proclamation about stealing of birds and beasts of domestical and tame nature. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 49. LC. 1623/4 OCTOBER TO FEBRUARY 564.* Michael Wilcocks. Petition to Governor Wyatt, demanding that at the end of his year's service William Candy pay him 180 pounds of tobacco and build a house, as agreed. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 60a. IV. BETWEEN OCTOBER AND FEBRUARY LC. 565.* Carsten Berksam. Petition to governor and council, requesting to be sent home because of the death of his father. LC. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 60. 182 [1623 INTRODUCTION 1623 OCTOBER 566.* Thomas Pasmore. Petition to governor of Virginia, concerning payment by Valentine Osserly of money due. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 60. 567.* Governor in Virginia. Warrant for the levy of taxes. IV. LC. LC. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 52, 52a. 568.* LC. IV. Order reducing the fine for nonpayment of a tax of 66 pounds of sassafras on each man from 10 pounds on each 100 pounds of sassafras to 4 pounds of tobacco. Ref: MS. Rec. Virginia Co., pt. ii, pp. 52-52ª. OCTOBER 3 569. Lord President Mandeville. A letter to [Secretary Conway], dispatching a messenger after the deputy of Virginia Company, as none of the company will take anything upon themselves in the absence of the governor. PRO. VII. I. Ref: State Papers, Domestic, James I, Vol. 153, No. 14. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 52. OCTOBER 8 570.* Privy Council. A letter to the governor and council in Virginia, announcing the intention of the King to change the government of the Colony. Their Lorp". first Order. (1)-(3) LC (4) PRO [NY] Ref: (1) MS. Rec. Virginia Co., III, pt. i, p. 2ª. (2) MS. Court Book, Virginia Co., II, 338-339. (3) Instructions, Commissions and Letters, 1606–1683 (Vellum Book), pp. 63-64. [18th century copy.] (4) State Papers, Colonial, II, No. 45; Colonial Entry Book, Vol. 79, pp. 195–196. 571.* I. Pub: (1) Kingsbury, Rec. Virginia Co., post, II. (2) Brock, Virginia Company, II, 229-230. (3) Brown, First Republic, 550-551. (4) Sainsbury, Calendar of State Papers, Colonial, p. 52. Transcript, New York Public Library, Bancroft Papers, Vol. II, fos. 177-181. Order for Sr William Jones et al., the commissioners, to examine into the state of Vir- ginia and the Summer Islands, to continue inquiry and report to the board at convenient time. (1) PRO. (2) PC. [NY] Ref: (1) Colonial Entry Book, Vol. 79, p. 195. (2) Privy Council Register, James I Vol. VI, p. 123. Pub: (1) Brown, First Republic, 550-552. (2) Le Froy, Memorials of the Bermudas, I, 323-324. (3) Sainsbury, Calendar of State Papers, Colonial, p. 52. Transcript, New York Public Library, Bancroft Papers, Vol. II, fo. 173. OCTOBER 11 572.* George Jemison and Mr. Undergod. "To the right Worl Sr Francis Wyatt Knight Gouernor and Captaine Generall of Virginia. The humble Petion of George Jemison" and Mr. Undergod of the ship "Everett.' IV. "" Ref: MS. Rec. Virginia Co., III, pt. ii, p. 60. OCTOBER 15 LO 573.* Privy Council. Order dispensing with attendance of Justice Sir William Jones because of his other employments; also ordering commission to appoint certain days for meeting so as to be expeditious. (1) PC. (2) PRO. I. Ref: (1) Privy Council Register, James I, Vol. VI, p. 125. (2) Colonial Entry Book, Vol. 79, p. 196. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 52. 1623] 183 LIST OF THE RECORDS 574. III. Virginia Company. Answer to an order of the Privy Council of October 8, 1623, begging respite until November 9. (1) PRO. (2) LC. [NY] Ref: (1) MS. Court Book, Virginia Co., II, 340. (2) State Papers, Colonial, James I, Vol. II, No. 46. Pub: (1) Kingsbury, Rec. Virginia Co., II. (2) Brock, Virginia Company, II, 231–2. (3) Sainsbury, Calendar of State Papers, Colonial, p. 52. Transcript, New York Public Library, Bancroft Papers, Vol. II, fos. 185-187. [Date given Nov. 19.] OCTOBER 17 575. Lord President Mandeville. A letter to Secretary Conway, concerning an alteration in the frame of government. PRO. VII. Ref: State Papers, Domestic, James I, Vol. 153, No. 67. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 53. 576. Privy Council. An order to the Virginia Company. Second order in council. Copy. I. (1)-(3) LC. (4) PRO [NY] Ref: (1) MS. Rec. Virginia Co., III, pt. i, p. 34. (2) MS. Court Book, Virginia Co., II, 341–342. (3) Instructions, Commissions, and Letters, 1606–1683 (Vellum Book), p. 65. (4) Colonial Entry Book, Vol. 79, pp. 197–198. Pub: (1) Kingsbury, Rec. Virginia Co., post, II. (2) Brock, Virginia Company, II, 238. (3) Calendar: Virginia Mag. of Hist. VI, 382. (4) Sainsbury, Calendar of State Papers, Colonial, pp. 52–53. Transcript, New York Public Library, Bancroft Papers, Vol. II, fos. 189–191. OCTOBER 20 577. Virginia Company. Answer to an order of the Privy Council of October 17, 1623. (1) LC. (2) PRO. [NY] Ref: (1) MS. Court Book, Virginia Co., II, 342. (2) State Papers, Colonial, James I, Vol. II, No. 47. III. Pub: (1) Kingsbury, Rec. Virginia Co., post, II. (2) Brock, Virginia Company, II, 234. (3) Sainsbury, Calendar of State Papers, Colonial, p. 53. Transcript, New York Public Library, Bancroft Papers, Vol. II, fo. 201. [Ends with "were of a contrary opinion."] OCTOBER 20, 24 578.* Privy Council. Privy Council to the Virginia Company, urging the speedy sending of the ship to Virginia and that the orders should be published in Virginia. I. (1), (2) & (4) LC. (3) PRO. (5) PC. (6) MC. [NY] Ref: (1) MS. Records Virginia Co., III, pt. i, p. 3a. (2) MS. Court Book, Virginia Co., II, 343. (3) Colonial Entry Book, Vol. 79, pp. 199–200. (4) Instructions, Commis- sions and Letters, 1606–1683 (vellum book), pp. 66–67. (5) Privy Council Register, James I, Vol. VI, p. 131. (6) Ferrar Papers. Pub: (1) Kingsbury, Rec. Virginia Co., post, II. (2) Brock, Virginia Company, II, 234-235. (3) Sainsbury, Calendar of State Papers, Colonial, p. 53. Transcript, New York Public Library, Bancroft Papers, Vol. II, fos. 193-195. [Oct. 20.] OCTORER 20 79.* Schedule of names of those present at an extraordinary court of the Virginia Company by appointment of Lords, touching the surrender of the charters, distinguishing those who were for from those against. PRO. III. Ref: State Papers, Colonial, James I, Vol. II, No. 48. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 53. Transcript, New York Public Library, Bancroft Papers, Vol. II, fos. 197-199. 184 [1623 INTRODUCTION 580.* Governor in Virginia. "A Warrant to Capt. Madison to bring 40 souldiers for yº March.” IV. Ref: MS. Records Virginia Co., III, pt. ii, pp. 52, 52a. OCTOBER 22 581.* Robert Byng. A letter to Nicholas Ferrar, concerning the appointment to a position. VI. Ref: Ferrar Papers. Photographic reproduction and transcript in the Library of Congress. OCTOBER 24 LC. MC. [LC] 582.* Privy Council. Order to John Harvey to investigate the conditions of Virginia-plantations, fortifications, provisions, boats, public works, and relations with the Indians. I. Ref: Privy Council Register, James I, Vol. VI, p. 137. PC. Transcript, New York Public Library, Bancroft Papers, Vol. II, fos. 205–207. 583.* Privy Council. A letter to the Governor and Council in Virginia, instructing Council to assist Commissioners appointed to investigate the Colony. (1) LC. (4) PRO [NY] I. Ref: (1) MS. Rec. Virginia Co., III, pt. i, p. 2. (2) Colonial Entry Book, Vol. 79, p. 200. (3) Instructions, comissions, and letters, 1606–1683 (vellum book), p. 62. [18th century copy.] (4) Colonial Entry Book, Vol. 79, p. 200. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 54. Transcript, New York Public Library, Bancroft Papers, II, fo. 209. NOVEMBER 584.* Sir Thomas Smythe and others. A letter to Secretary Conway, concerning Captain Baily's PRO. [NY] III. project. Ref: State Papers, Colonial, James I, Vol. II, No. 51. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 54. Transcript, New York Public Library, Bancroft Papers, II, fos. 221-223. 1623, NOVEMBER 4 TO 1624, MAY 24 585.* Quo Warranto and Proceedings, by which the Virginia Company was dissolved. (1) PRO. (2) MC. [LC] Ref: (1) Coram Rege Roll, James I, 21 year, Michaelmas Term. Roll No. 1528, mem- branes, 39-63. (2) Ferrar Papers (writ only). I. Photographic reproduction in the Library of Congress. 1623 NOVEMBER 7 586.* Commissioners for Virginia. Warrant concerning sundry petitions referred to them for examination. They require a trunk of writings locked up under custody of clerks of Privy Council to be delivered to the bearer. I. Ref: State Papers, Colonial, James I, Vol. II, No. 49. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 54. NOVEMBER 18 PRO. 587.* Governor in Virginia. A Commission to the Council of State in the Governor's absence. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 41. NOVEMBER 19 LC. 588. Note of shipping, men, and provisions sent and provided for Virginia by the Right Honorable Earl of Southampton and the Company since May, 1623, to this 19th November, 1623. Ref: MS. Court Book, Virginia Co., II. III. Pub: (1) Kingsbury, Rec. Virginia Co., post, II. (2) Brock, Virginia Company, II, p. 245. LC. 1623] 185 LIST OF THE RECORDS NOVEMBER 20 589.* Governor in Virginia. Order to Captain Maddison and other officers to collect sassafras and tobacco. LC. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, pp. 52, 52a. 590.* IV. Warrant to Captain Pierse to levy 300 lbs. of tobacco for the fort at Wariscoyack. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 52. LC. 591.* Order to Captain Pierse to levy the tax of October, 1623. LC. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, pp. 52, 52a. 592.* A warrant for Mr. Benet for his meanes. LC. IV. Ref: MS. Rec. Virginia Co., III, pp. 53, 53a. NOVEMBER 21 593.* Privy Council. Order for delivering the Virginia Company's books and writings to the Vir- ginia Company, against whom a quo warranto has been issued, and for keeping inventory of the same. PC. [NY] I. Ref: Colonial Entry Book, Vol. 79, p. 208. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 54. Transcript, New York Public Library, Bancroft Papers, II, fos. 225-227. 594.* Virginia and Somers Islands Companies. Petition to the King, that a commission granted on request of Alderman Johnson et al. proceed; that books sequestered 14 days be restored, and that they be preserved in rights. (1) PRO. (2) KP. [NY] III. Ref: (1) State Papers, Colonial, James I, Vol. II, No. 50. (2) De La Warr's collec- tion of MSS. Pub: (1) Sainsbury, Calendar of State Papers, Colonial, p. 54. (2) Hist. MSS. Com., Fourth Report, p. 283. Transcript, New York Public Library, Bancroft Papers, II, fos. 245-247. 595.* Governor in Virginia. "A warrant graunted to Mr. Bolton for his meanes. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, fo. 53. NOVEMBER 22 "" LC. 596.* Sir Edwin Sandys. A letter to John Ferrar, concerning personal debts, assuring him that no one will lose by him. MC. [LC] VI. Ref: Ferrar Papers. NOVEMBER 27 597.* Governor in Virginia. A warrant to Captain William Tucker to collect 10 pounds of tobacco for each 1,000 plants at Elizabeth City. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 53. DECEMBER 6 LC. 598.* Council in Virginia. Order for preparation of list of all who perished in massacre, as per order of the company. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, fo. 53. DECEMBER 8 LC. 599.* Privy Council. Order touching the costs of a quo warranto affecting the charter of the Virginia Company. (1) PC. (2) & (3) PRO. [NY] I. Ref: (1) Privy Council Register, James I, Vol. VI, p. 188. (2) Colonial Entry Book, Vol. 79, p. 209. (3) Manchester Papers, No. 394. Pub: (1) Sainsbury, Calendar of State Papers, Colonial, p. 55. (2) Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 47. Transcript, New York Public Library, Bancroft Papers, II, fo. 229. 186 [1623 INTRODUCTION 600. Privy Council. 601.* 602.* I. I. I. Order of December 8, 1623. Ref: (1) Court Book, Virginia Co., II, 361. Pub: (1) Kingsbury, Rec. Virginia Co., II. (1) LC. (2) PC. (2) Colonial Entry Book, Vol. 79, p. 209. (2) Brock, Virginia Company, II, 249–250. (3) Sainsbury, Calendar of State Papers, Colonial, p. 55. Order directing the attorney-general to report on a petition of Nicholas Ferrar, deputy of Virginia Company, who affirms that commission for examining Virginia Company and Summer Islands Company had not set course for paying debts of the companies, which was referred unto them by board. (1) PC. (2) & (3) PRO. (2) Colonial Entry Book Ref: (1) Privy Council Register, James I, Vol. VI, p. 188. Vol. 79, pp. 209–210. (3) Manchester Papers, No. 393. Pub: (1) Sainsbury, Calendar of State Papers, Colonial, p. 55. (2) Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 47. Order directing the attorney-general to report upon a complaint of William Cannyn [Canning] vs. Thomas Keightly for arresting him on action of £500. (1) PC. (2) PRO. [NY] Ref: (1) Privy Council Register, James I, Vol. VI, p. 187. (2) Colonial Entry Book, Vol. 79, p. 209. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 55. Transcript, New York Public Library, Bancroft Papers, II, fos. 233–235. 603.* Council in Virginia. Order concerning every 20th man to work on the fort of Wariscoyack. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 53. IV. LC. 604.* Mr. Captain Bargrave. "Mr. Captain Bargrave's Proiect touching Virginea." A copy of a VI. 605. IV. letter to the Lord Treasurer. (1) BM. (2) PRO. Ref: (1) Additional MSS., 12496, fo. 454. (Caesar Papers.) (2) Manchester papers, No. 402. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, pp. 47-48. DECEMBER 11 (?) Council in Virginia. Action concerning release of a bond of George Yeardley to Mr. South- ern; concerning goods sent home on the "Temperance.” LC. Ref: MS. Court Book of the Colony. DECEMBER 19 606.* Privy Council. A letter to the governor and council in Virginia concerning Captain Martin. (1) LC. (2) PRO. (3) PC. [NY] Ref: (1) MS. Rec. Virginia Co., III, pt. ii, p. 70a. (2) Colonial Entry Book, Vol. 79, p. 210. (3) Privy Council Register, James I, Vol. VI, p. 199. I. Pub: (1) Va. Mag. of Hist., VII, pp. 272–273. (2) Sainsbury, Calendar of State Papers, Colonial, p. 55. Transcript, New York Public Library, Bancroft Papers, II, fos. 237-239. DECEMBER 26 607.* Governor in Virginia. Letter to "Capt. Wm. Tucker" concerning his expedition. LC. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, fo. 53. DECEMBER 30 608. Privy Council. A letter to the deputy governor of the Virginia Company to bring to them unopened all letters arrived in a ship lately from Virginia. I. (1) LC. (2) MC. (3) PC. (4) PRO. [NY] Ref: (1) Court Book, Virginia Co., II, 358. (2) Ferrar Papers. (3) Privy Council Register, James I, Vol. VI, p. 215. (4) Colonial Entry Book, Vol. 79, p. 210. Pub: (1) Kingsbury, Rec. Virginia Co., II. (2) Brock, Virginia Company, II, 246. (3) Va. Mag. of Hist., X, 132-134. (4) Sainsbury, Calendar of State Papers, Colonial, p. 55. Transcript, New York Public Library, Bancroft Papers, II, fo. 241. 1623-1623/4] 187 LIST OF THE RECORDS DECEMBER 31-JANUARY 9 609.* Council in Virginia. Proclamation concerning Tucker's collection of tax on tobacco. IV. Ref: MS. Rec. Virginia Co., London, III, pt. ii, fo. 53. 1623/4 JANUARY 7 LC. 610. Council in Virginia. Controversy between Thomas Sufram and Clarke and the successors of Capt. William Perse and Capt. William Power concerning an agreement for wages of a voyage in "Furtherance.” IV. Ref: MS. Court Book of the Colony. LC. 611. Brief motives to maintain King's right to River Amazon and coast of Guiana. Note added in another hand to point out prejudice to the plantations should King make agreement with Virginia and Bermudas companies for tobacco from those places only. VII. 612. Council in Virginia. Controversy between George Mynitie for Thomas Hamor and Thomas Gibbs concerning a bargain between them. LC. IV. Ref: MS. Court Book of the Colony. JANUARY 8 613. Attorney-General Coventry. A letter to the Privy Council concerning the case between William Canning and Thomas Kightley. PRO. I. Ref: State Papers, Domestic, James I, Vol. 158, No. 12. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 56. JANUARY 9 614. Council in Virginia. I. Controversy between Daniel Gookin, through Richard Kensan, master of ship “Mary," and Robert Roberts of Bristo, for delivery of commodities. II. Controversy between John Chew and William Douglas for goods used on the "Margaret.' "" IV. Ref: MS. Court Book of the Colony. 615. LC. Controversy between Weston and James Carter concerning the transportation of goods. IV. Ref: MS. Court Book of the Colony. JANUARY 14 LC. 616. Adventurers and Planters in Virginia and others. Petition to the Privy Council that those who oppose the surrender of the charter shall bear the expense of the suit. LC. Ref: MS. Court Book, Virginia Co., II, 362. IV. Pub: (1) Kingsbury, Rec. Virginia Co., II. (2) Brock, Virginia Company, II, 250–251. JANUARY 19 617.* Governor in Virginia. A Comission to Captain Hamor given aboard the "Willm and John" for trading. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 41. JANUARY 22 LC. 618.* Governor in Virginia. A commission to St George Yeardley for punishing of swearing and drunkenness. LC. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 40. 188 [1623/4 INTRODUCTION JANUARY 26 619.* Governor in Virginia. Warrants for holding elections and summoning the general assembly. Ref: MS. Rec. Virginia Co., III, pt. ii, fo. 53. LC. IV. JANUARY 30 620.* Council in Virginia. A letter to the Virginia Company of London, describing revenge on Indians. (1) LC. (2) PRO. [NY] Ref: (1) MS. Rec. Virginia Co., III, pt. i, pp. 7-8. (2) State Papers, Domestic, James I, Vol. 156, No. 1. IV. Pub: (1) Calendar: Virginia, Mag. of Hist., VI, 374–377. (2) Sainsbury, Calendar of State Papers, Colonial, pp. 56–57. Transcript: New York Public Library, Bancroft Papers, II, fos. 249–269. FEBRUARY 621.* General Assembly in Virginia. The Answer to Capt. Butler's vnmasking of Virginia, by the General Assembly February, 1623. Directed to the King's most Sacred Matle. LC. IV. Ref: MS. Rec. Virginia Co., III, pt. i, pp. 9–11. Pub: Neill, Virginia Company of London, 406–407. 622.* Robert Poole. Petition "To the Right Wor:II St Francis Wyatt Knight," asking for payments due. LC. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, fo. 60. FEBRUARY 4 623. Virginia Council. Letter to governor and council in Virginia, concerning the complaints of Capt. John Martin. LC. Ref: (1) MS. Rec. Virginia Co., III, pt. ii, p. 71. (2) MS. Court Book Virginia Co., II, 366. III. Pub: Kingsbury, Records Virginia Co., Vol. II. FEBRUARY 4, 13 624.* John Barnett. Petition "To the right Worth: St Francis Wyatt Knight Gouernor," for sums due from the agent of Mr. Gookin. LC. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 60a. BETWEEN FEBRUARY AND OCTOBER 625.* William Paney. Petition "To the right Worth St Francis Wyatt Knight” for a claim from Captain Nuce. LC. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 60%. FEBRUARY 16 626. [Davison?]. A letter to [J. Ferrar?] giving a list of names of the living and dead in Virginia. IV. Ref: State Papers, Colonial, James I, Vol. III, No. 2. PRO. [NY] Pub: (1) Wynne and Gilman, Colonial Records of Virginia, 37-60; 61-66. (2) Sains- bury, Calendar of State Papers, Colonial p. 57. Transcript, New York Public Library, Bancroft Papers, II, pp. 277-327. Secretary Davison died before this date. FEBRUARY 16 (?) PRO. [NY] VI. 627. List of 13 letters and papers, including one book received from and sent to Virginia. Ref: State Papers, Colonial, James I, Vol. III, No. 3. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 57. Transcript: New York Public Library, Bancroft Papers, II, pp. 278–275. 1623/1] 189 LIST OF THE RECORDS FEBRUARY 20 628.* General Assembly in Virginia. "The answere of the generall Assembly in Virginia to a Declaratione of the State of the Colonie in the 12 years of Sr Thomas Smith's Goverment exhibited by Alderman Johnsone and others." (1) LC. (2) PRO. [NY] Ref: (1) MS. Rec. Virginia Co., III, pt. i; p. 4ª. (2) State Papers, Colonial, James I, Vol. II, No. 20. IV. Pub: (1) Neill, Virginia Company of London, pp. 407-411. (2) Sainsbury Calendar of State Papers, Colonial, pp. 39-40. D. S. Transcript: New York Public Library, Bancroft Papers, II, pp. 349–361. FEBRUARY 28 629.* Governor, Council, and Assembly in Virginia. Letter "To ye right Honor our very good Lor: the Lors: of his Maties most Honor Privie Counsell," requesting the liberty of their general assemblies and defending the Sandys administration. IV. (1) LC. (2) PRO. [NY] Ref: (1) MS. Rec. Virginia Co., III, pt. i, p. 5. (2) State Papers, Colonial, James I, Vol. III, No. 4 (vera copia). Pub: Sainsbury, Calendar of State Papers, Colonial, p. 58. Transcript: New York Public Library, Bancroft Papers, II, pp. 365–371. [Date Feb. 29.] MARCH 630. Ballad concerning the massacre. "Good News from Virginia." "To the Tune of All those that be good fellowes." Praises the men of the colony. Ref: Manchester Papers, No. 324. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. ii, pp. 39, 40. MARCH PRO. 631.* John Haruey. "To the right Worth St Francis Wyatt &c and to the Counsell of Estate." Petition concerning disobedience to his orders. LC. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 62ª. 632.* IV. "To the right Worth Sr Francis Wyatt Knight &c and to the Counsell of Estate the second complaint and peticion of John Haruey Esq'." Ref: MS. Rec. Virginia Co., III, pt. ii, p. 62. LC. 633.* Robert Guyer and John White. "To the Hono;ble Sr Francis Wyatt knight &c and ye right Worll the Counsell of State. The Answer to ye Complaint and Petition of Capt John Haruey Esquiere." IV. 634.* IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 62. LC. "To the hono: ble Sr Francis Wyatt knight &c and the right worll the rest of the Coun- sell of State. The answer to ye Second Complaint and peticion of Capt John Haruey Esq"." Ref: MS. Rec. Virginia Co., III, pt. ii, p. 62ª. [MARCH] 2 LC. 635.* Haruey and others, commissioners of the King. A letter to Sir Francis Wyatt, governor, and to the assembly. I. Ref: State Papers, Colonial, James I, Vol. III, No. 6 (second paper). MARCH 2 PRO. 636.* Haruey and others. Form of subscription presented to the general assembly, agreeing to a revocation of the letters patent. PRO. [NY] I. Ref: State Papers, Colonial, James I, Vol. III, No. 6 (third paper). Transcript: New York Public Library, Bancroft Papers, II, pp. 397-399. 190 [1623/4 INTRODUCTION 637.* General Assembly in Virginia. A letter to Haruey demanding a commission or an oath as to his authority. PRO. IV. Ref: State Papers, Colonial, James I, Vol. III, No. 6 (fifth paper). 638.* General Assembly in Virginia. "The generall assemblies answere to those fower Proposi- tions made by the commissioners to be presented to the Lors: of his Matles most honorble privie counsell.” (1) LC. (2) PRO. [NY] IV. Ref: (1) MS. Rec. Virginia Co., III, pt. i, p. 6ª. (2) State Papers, Colonial, James I, Vol. III, No. 7. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 58. (1) D. S. in Public Record Office. (2) Transcript, New York Public Library, Bancroft Papers, II, pp. 381-389. 639.* Governor, Council, and General Assembly in Virginia. "The Answere of Gounor, and Counsell and Generall Assembly to the Letter and wrightinge of Captain John Haruey," expressing submissive attitude toward King. (1) LC. (2) PRO. Ref: (1) MS. Rec. Virginia Co., III, pt. i, p. 7ª. (2) State Papers, Colonial, James I, Vol. III, No. 6 (fourth paper). IV. Document in State Papers, Colonial, in the autograph of Ed. Sharpless, and certified by him. [MARCH 2] 640. Commissioners in Virginia. "A briefe declaratione to the Assemblie" (by John Harvy, John Porey, Abraham Peirsey, and Samuel Mathews.) with a list of four enquiries as to the state of the colony. (1) LC. (2) PRO. I. Ref: (1) MS. Rec. Virginia Co., III, pt. i, p. 6. (2) State Papers, Colonial, James I, Vol. III, No. 6 (first paper). Pub: Sainsbury, Calendar of State Papers, Colonial, p. 58. Document in State Papers, Colonial, in autograph of Ed. Sharpless, and certified by him. MARCH 8. 641. John Haruey and others. A letter to Governor Wyatt and the assembly, answering a demand for authority and acknowledging that they had none to move them to conform to sub- scription. PRO. [L. C.] Ref: (1) MS. Rec. Virginia Co., Vol. III, pt. i, p. 7ª. (2) State Papers, Colonial, James I, Vol. III, No. 6 (sixth paper). I. Document in the State Papers, Colonial, in the autograph of Ed. Sharpless. Photograph in the Library of Congress. MARCH 5 642.* Governor and Council and Assembly in Virginia. Laws and Orders of the Assembly in Virginia, by the Governor, Council and 2 burgesses elected out of every plantation by major parts of voices, February 16, 1623/4. (1) LC. (2) PRO. [NY] IV. Ref: (1) MS. Rec. Virginia Co., III, pt. i, fo. 8. (2) State Papers, Colonial, James I, Vol. III, No. 9. Pub: (1) Hening, Statutes, I, 122f. (2) Sainsbury, Calendar of State Papers, Colonial, p. 59. Document in State Paper Office in autograph of Ed. Sharpless. Transcript: New York Public Library, Bancroft Papers, II, fos. 329–345. 643.* Governor, Council, and Assembly in Virginia. Order concerning a levy of tobacco. LC. IV. Ref: MS. Rec. Virginia Co., III, pt. i, p. 9. MARCH 7 644. Council in Virginia. Action concerning a claim against the company. IV. Ref: MS. Court Book of the Colony. LC. 1623/4] 191 LIST OF THE RECORDS 1623/4 TO MARCH 7, 1624/5 645. Court in Virginia. Transcripts from court records in Virginia, in quarter courts at James- town, of points relating to the debts of George Thorpe, by Benjamin Harrison. NY. Ref: Smyth of Nibley Papers, Smyth, 38. IV. Pub: Calendar: N. Y. Pub. Lib. Bull., I, 189. 1623/4 MARCH 9 646. Council in Virginia. Court Book of the Council in Virginia, concerning a case between Mr. Horne and Mr. Procter, concerning service. IV. Ref: MS. Court Book of the Colony. LC. 647.* Henry [Horner]. "To the right Worll St Francis Wyatt Knight &c and Counsell of Estate here Assembled," demanding goods due from Procter. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 61. MARCH 11 LC. 648. Council in Virginia. Court Book of the Council in Virginia, concerning degradation of Richard Quaile from captain to carpenter. LC. IV. Ref: MS. Court Book of the Colony. 649.* Richard Quaile. "The Humble Petition of Richard Quaile to the honoble the Gouernor with the right Worff the Assistant in Counsell," requesting to be released. [Examined September 9, 1623.] IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 61. MARCH 12 LC. 650. Council in Virginia. Court Book of the Council in Virginia, concerning a controversy between Dr. Pott and Capt. William Holmes for payment of three chests of physic. LC. IV. Ref: MS. Court Book of the Colony. 651. [Edward Nicholas.] A letter to [John Nicholas] concerning the arrival of ships this week from Virginia and the Somers Islands, certifying the welfare of the people in Virginia still in enmity with the natives. PRO. VI. Ref: State Papers, Domestic, James I, Vol. 160, No. 70. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 59. MARCH 16 652.* Governor in Virginia. A commission to Rawleigh Crashaw to trade with the Indians. LC. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 41.ª MARCH 23, 24, 25 653.* John Haruey. "To the right wor: St Francis Wyatt knight &c and to ye Counsell of Estate the third petition of John Haruey, Esq'," concerning his admiralty of New England. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 63. LC. 654.* Robert Guyar and John White. "To the right hono:ble Sr Francis Wyatt knight &c the right Worll ye Counsell of State." The Humble Petition against Captain Haruey. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 63. IV. MARCH 30 LC. 655.* Jane Dickenson. "To the honot right Worll &c the Gouernor and Counsell of Estate in Virginia." Petition to be relieved from service. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 61. 16455-VOL 1—0613 LC. 192 [1624 INTRODUCTION 1624 [APRIL ?] 656. [Sir Nathaniel Rich.] Heads of a speech in the House of Commons on a petition presented by the Virginia Company. VI. Ref: Manchester Papers, No. 410. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 48. APRIL 8 PRO. 657. Planters in Virginia. Petition to the King, requesting to be relieved of the impost on tobacco for a time. IV. Ref: MS. Court Book, Virginia Co., II, 373-374. LC. Pub: (1) Kingsbury, Rec. Virginia Co., II. (2) Brock, Virginia Company, II, 257–259. APRIL 8, 14 658. Privy Council. Answers granting the above petition. Ref: MS. Court Book, Virginia Co., II, 374. Pub: (1) Kingsbury, Rec. Virginia Co., II. (2) Brock, Virginia Company, II, 259. LC. APRIL 12, 19 659.* John Hall. "To the right Worth St Francis Wyatt Knight &c" concerning a claim against John Hall. LC. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 61. APRIL 17 660.* Council in Virginia. Letter "to the right Honorbi Henry Earle of Suthampton with the Lords and others of the Counsell and Compenie of Virginia," concerning acts of the Assembly sent by John Pountis, and the needs of the colony. LC. IV. Ref: MS. Rec. Virginia Co., III, pt. i, p. 8ª. [APRIL 22] 661. Sir Thomas Smythe. A letter to Secretary Conway entreating him to attend the Grand Com- mission of Grievances to-morrow in order to help to stop John Bargrave vs. Smythe. Ref: State Papers, Domestic, James I, Vol. 163, No. 28. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 60. VII. PRO. 662.* Capt. John Bargrave. A letter to the House of Commons on behalf of himself, absent PRO. planters in Virginia, and adventurers against Sir Thomas Smythe. III. Ref: (1) Manchester Papers, No. 401. (2) State Papers, Colonial, James I, Vol. III, No. 11. (3) State Papers, Domestic, James I, Vol. 163, No. 28. Pub: (1) Sainsbury, Calendar of State Papers, Colonial, p. 60. (2) Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 47. Document in the Colonial State Papers signed by Bargrave. The date is uncertain. APRIL 24 663.* John Harvey. A letter to Sir Nathaniel Rich, sending the reply of the Assembly to Capt. Butler's and Alderman Johnson's accusations. PRO. IV. Ref: Manchester Papers, No. 400. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. ii, p. 47. Autograph document. 1624] 193 LIST OF THE RECORDS APRIL 26, 29 I. 664. House of Commons. "A petition for Virginia read" in the House of Commons, and also a letter from the King. (1) LC. (2) & (3) HL. (4) PRO. Ref: (1) MS. Court Book, Virginia Co., II, 377-379. (2) House of Lords, Supple- mentary Calendar, C. J., II, 691, 694. (3) Journals of Commons, I. (4) State Papers, Colonial, James I, Vol. III, No. 12. 665.* James I. I. Pub: (1) LeFroy, Memorials of the Bermudas, I, 336. (2) Calendar: Hist. MSS. Com., Fourth Report, pt. 1, p. 122. (3) Brock, Virginia Company, II, 263–266. (4) Kingsbury, Rec. Virginia Co., II. APRIL 28 A letter to the Speaker of the House of Commons not to trouble with the petition, as it would renew the factions of the company, which were in settlement by the King. Ref: State Papers, Domestic, James I, Vol. 163, No. 71. PRO. Pub: (1) LeFroy, Memorials of the Bermudas, I, 336-337. (2) Sainsbury, Calendar of State Papers, Colonial, p. 60. 666.* George Menefie. A letter to John Harrison, telling of the death of his brother George, of his will, and of an inventory of his estate, and asking for instructions. PRO. [NY] Ref: State Papers, Colonial, James I, Vol. III, No. 15. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 61. Transcript: New York Public Library, Bancroft Papers, II, 473-475. VI. APRIL 29 667. Sir Isaac Wake. A letter to Secretary Conway, telling that King's letter was received with universal applause and had quieted the great schism caused by the Virginians. PRO. VII. Ref: Savoy Correspondence, 1624, April 29. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 60. APRIL 30 668. John Chamberlain. A letter to Sir Dudley Carleton concerning the King's letter to Lower House yesterday touching Virginia, and reserving the matter likely to have bred dissension. PRO. VII. Ref: State Papers, Domestic, James I, Vol. 163, No. 74. Pub: (1) LeFroy, Memorials of the Bermudas, I, 337. (2) Sainsbury, Calendar of State Papers, Colonial, p. 61. MAY 669.* [Nicholas Ferrar.] A rough draft and a copy of a petition to the Commons concerning the loss to England by allowing the importation of tobacco from Spain. MC. [LC] VI. Ref: Ferrar Papers. Rough draft in Nicholas Ferrar's autograph and a copy in Ed. Collingwood's writing. MAY 4 670. House of Lords. Matters brought from the House of Commons, but no further proceedings. I. Ref: Lords Journal, III, 340. Pub: Calendar: Hist. MSS. Com., Fourth Report, p. 123. MAY 5 HL. 671.* Richard Barnes. "To the hono Sr Francis Wyatt Knight Governor and Capt. generall of Virginia The Humble Petition" requesting a reinvestigation of censure. LC. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 61ª. 194 [1624 INTRODUCTION 672. MAY 6 Sir Francis Nethersole. A letter to Sir Dudley Carleton, concerning the discussion of Vir- ginia affairs in the House of Commons. VII. Ref: State Papers, Domestic, James I, Vol. 164, No. 46. PRO. Pub: (1) Calendar: Virginia Mag. of Hist., VI, 382–384. (2) Sainsbury, Calendar of State Papers, Colonial, p. 62. MAY 10 673. Council in Virginia. Action concerning the charge against Edward Sharples, clark to the council of state, of betraying counsels . . . to the King and Lords of the Privy Council and some of the commissioners for reward. LC. IV. Ref: MS. Court Book of the Colony. 674. IV. Action concerning the censure of Richard Barnes for speaking ill of the governor. Ref: MS. Court Book of the Colony. LC. MAY 12 675.* Council in Virginia. Letter "to the Right Honoble Henry Earle of Suthampton wth the Lo: and others of the Counsell and Compenie of Virginia." Complaint concerning Mr. Pory. LC. IV. Ref: MS. Rec. Virginia Co., III, pt. i, p. 9. MAY 20 676.* Robert Heath. A letter to Sir Robert Harley requesting him to take opinion on a bill pro- posed in Parliament on the importation of Spanish tobacco. VII. Ref: State Papers, Domestic, Vol. CLXV, No. 5. Pub: Calendar of State Papers, Domestic. James I, 1623-1625, p. 250. 677.* Sir Robert Heath. VII. MAY 28 PRO. "Severall greiuances presented to King James by Sr Robert Heath (then Sollicito¹ geñall) vpon Friday the 28th of May in the name of the Lower House of Par- liament in the Banquetting House at Whitehall 1624-concerning Trade" and tobacco. Ref: Harleian MSS., 2244, fo. 15. MAY 30 BM. 678.* Ralph Hamour. "To the hono S Francis Wyatt knight &c and the rest of Counsell of Estate in Virginia. The Humble Petition" concerning the destruction of his patent in the massacre. LC. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 61. JUNE (P) 679. Henry, Earl of Southampton, and certain other Lords appointed a Council for Virginia. I. Ref: Minutes, Colonial Correspondence, 1609, p. 1. 680. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 63. [Nathaniel Rich(?).] An act concerning tobacco. [Proposed bill by Parliament.] VI. Ref: Manchester Papers, No. 406. PRO. PRO. 681. Rough draft of a suggestion for preemption of tobacco, and prohibition of planters in England, Ireland, and Wales, and importation of any except from Virginia and Summer Islands. Ref: Manchester Papers, Nos. 365, 404, 407. VI. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, pp. 45, 48. PRO. 682. House of Commons. Petition to the King for exclusion of all tobacco not grown in his Majesty's Dominion. PRO. I. Ref: Manchester Papers, No. 405. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 48. 1624] 195 LIST OF THE RECORDS JUNE 14 683.* Secretary Conway. A letter to Sir Thomas Merry stating that the King desired letters and papers relating to affairs of Virginia in possession of his late cousin, employed in that business, to be preserved, and any other papers on the business. PRO. I. Ref: State Papers, Domestic, James I, Vol. 167, No. 60. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 62. JUNE 15 (?) 684.* Governor Sir Francis Wyatt, Council, and Assembly in Virginia. Petition to the King, expressing fear that the petition sent by John Pountis was not delivered and complain- ing of the desperate state of the colony. PRO. IV. Ref: State Papers, Colonial, James I, Vol. III, No. 42. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 74. D. S. Transcript: New York Public Library, Bancroft, II, 585–590. JUNE 22 685.* Petition concerning Virginia intended for delivery to the King, claiming a desire for revision of affairs only. VI. Ref: Manchester Papers, No. 403. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 48. JUNE 24 PRO. LC. 686.* Assembly in Virginia. Law against unlawful implied contracts of marriage. IV. Ref: MS. Rec. Virginia Co., III, pt. ii, p. 49. 687.* Privy Council Order appointing Lord President Mandeville, Lord Paget, Lord Chichester, and others, Commissioners to resolve on the well settling of the colony, to give order there- fore, to certify proceedings to the King, and to receive further directions. King deter- mined to give new charter. (1) PC. (2) PRO. [NY] I. Ref: (1) Colonial Entry Book, Vol. 79, p. 210. (2) Privy Council Register, James I, Vol. VI, p. 342. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 62. Transcript: New York Public Library, Bancroft Papers, II, 477–479. JUNE 26 688.* Commissioners and Adventurers of Virginia Company. Petition to Privy Council that Captain John Bargrave's protection be not renewed till course be taken for the payment of £800 bond for debt of £500. PRO. [NY] III. Ref: State Papers, Colonial, James I, Vol. III, No. 16. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 62. Transcript, New York Public Library, Bancroft Papers, II, 485–487. 689.* Privy Council. Order for Mr. Ferrar, Deputy, to bring to the Council Chamber all patents, books of account, and invoices of the late corporation and lists of people in the Colony, to be retained by the Keeper of the Council Chest till further order. I. (1) PC. (2) PRO. [NY] Ref: (1) Privy Council Register, James I, Vol. VI, p. 344. (2) Colonial Entry Book, Vol. 79, p. 277. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 62. Transcript, New York Public Library, Bancroft Papers, II, 481. Order to the Commissioners for the Virginia business concerning the stock, etc., of the Virginia Company. 690.* I. Ref: Privy Council Register, James 1, Vol. VI, p. 345. PC. 196 [1624 INTRODUCTION JULY (P) 691.* Reasons alleged on behalf of King's Farmers of the custom and impost on tobacco, for redress of grievances. PRO. [NY] VI. Ref: State Papers, Colonial, James I, Vol. III, No. 22. Pub: Sainsbury, Calendar of State Papers, Colonial, pp. 68-69. Transcript, New York Public Library, Bancroft Papers, II, 573–583. 692.* Brief answer to a proposition touching tobacco lately delivered by the King's Farmers of Customs. PRO. VI. Ref: State Papers, Colonial, James I, Vol. III, No. 23. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 69. 693.* Request to [Privy Council ?] that as King is concluding a contract with divers persons for his own use, orders should be given to the Governor in Virginia not to suffer trade with the Hollanders who are now freighting ships for that purpose, since their produce is not needed there. PRO. VI. III. Ref: State Papers, Domestic, James I, Vol. 169, No. 7. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 63. "" 694.* "A Briefe Declaration of the plantation of Virginia during the first twelve years when Sr Thomas Smyth was Governor of the Companie [1606–1619] and downe to the present tyme [1624] by the Ancient Planters now remaining alive in Virginia.' Ref: State Papers, Colonial, James I, Vol. III, p. 21. PRO. [NY] Pub: (1) Wynne and Gilman, Colonial Records of Virginia (State Senate Document, Extra, 1874). (2) Brown, First Republic, 572–574. (3) Sainsbury, Calendar of State Papers, Colonial, pp. 66-68. Transcript, New York Public Library, Bancroft Papers, I, fos. 529-609. 695. [Solicitor-General Heath.] Statement as to a contract ordered by King on July 2/24 as to tobacco. I. Ref: State Papers, Domestic, James I, Vol. 169, No. 6. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 63. JULY 2 PRO. 696.* James I. A letter to Solicitor-General Heath, concerning a petition of House of Commons against the importation of foreign tobacco, and a petition of planters and adventurers for a reasonable price. I. Ref: State Papers, Domestic, James I, Vol. 169, No. 5. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 63. 697. Nethersole. JULY 3 PRO. PRO. A letter to Sir Dudley Carleton, concerning the overthrow of the Virginia patent by the quo warranto. VII. Ref: State Papers, Domestic, James I, Vol. 169, No. 14. Pub: (1) Calendar: Virginia Mag. of Hist., VII, 39. (2) Sainsbury, Calendar of State Papers, Colonial, p. 63. 698.* Governor, Council, and Colony in Virginia. To the Kings moste Excelent Matte. "The Humble Petitione of the Gou'nor Counsell and Colony of Virginia in theire generall Assemblie," praying for a continuation of the present government. (1) LC. (2) PRO. Ref: (1) MS. Records, Virginia Co., III, pt. i, p. 5º. (2) State Papers, Colonial, James I, Vol. III, No. 21. IV. Pub: (1) Calendar: Virginia Mag. of Hist., VII, 45. (2) Sainsbury, Calendar of State Papers, Colonial, p. 65. D. S. in the State Papers, Colonial. Date uncertain. 1624] 197 LIST OF THE RECORDS JULY 12 699.* David Sandis. "To the Honoble the Governor with the rest the worlt Counsellors of Estate." Petition for justice because of defamations by one, Alnut. IV. Ref: MS. Records, Virginia Co., III, pt. ii, p. 61a. LC. 700. Council in Virginia. Order that persons remaining at home shall give day's work in place of those on the march; ordering a commission to be granted to council at home for dispatch of business until governor's return; also concerning fining Thomas Alnet for defamation of character of Minister Sandis. LC. IV. Ref: MS. Court Book of the Colony. JULY 15 701.* James I. Commission to certain of the Lords of the Privy Council and others for settling a government in Virginia. (1) BM. (2) PRO. (Caesar Papers.) (2) Patent Roll, 22 22 James I, July, 1624. 702.* * I. Ref: (1) Additional MSS., 12496, fos. 464-473. James I, pt. 1, No. 4; Chancery Privy Seal, Pub: (1) Hazard, Historical Collection, I, 183. (2) Rymer, Foedera, XVII, 609-613. Commissioners for Virginia. Orders set down at a meeting, July 16, 1624, appointing H. Fotherby to be in charge of charters, seals, and writings of the company, and providing for an investigation of the colony. PRO. [LC] I. Ref: State Papers, Colonial, James I, Vol. III, No. 17, I. Pub: (1) Calendar: Virginia Mag. of Hist., VII, 44-45. (2) Sainsbury, Calendar of State Papers, Colonial, p. 64. Transcript: Library of Congress, Bancroft Papers, II, 489-495. JULY (18) 703. Lord President Mandeville. A letter to Secretary Conway, giving a brief of the proceedings of the Commissioners for Virginia, with regard to the free importation of tobacco. VII. Ref: State Papers, Colonial, James I, Vol. III, No. 17. PRO. [NY] Pub: (1) Calendar: Virginia Mag. of Hist., VII, 43-44. (2) Sainsbury, Calendar of State Papers, Colonial, p. 64. Transcript: New York Public Library, Bancroft Papers, II, 513-515. JULY 18 704.* Privy Council. An order for the allowance of £150 to [John] Pory, employed in Virginia about His Majesty's especial business. (1) PC. (2) PRO. I. Ref: (1) Privy Council Register, James I, Vol. VI, p. 376. (2) Colonial Entry Book, Vol. 79, p. 277. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 64. JULY 19 705. Secretary Conway. A letter to Lord President Mandeville, stating that the King approves the proceedings in the Virginia business, and that the restraint as to tobacco is to be considered. PRO. VII. Ref: Minute. Conway's Letter Book, 136. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 64. 706. VII. Ref: Minute. Conway's Letter Book, 137. A letter to Lord Coventry, concerning putting Mr. Bing in the Commission for Vir- ginia, if there is no cause to the contrary. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 64. PRO. 198 [1624 INTRODUCTION JULY 20 707.* Warrant to pay John Pory £150 in payment of expenditure of £100, and for services in Vir- ginia on King's business. I. Ref: Sign Manual, James I, Vol. 16, No. 50. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 65. PRO. JULY 25 708. Lord Coventry. A letter to Secretary Conway, stating why Mr. Bing was willingly forgotten from the Commission for Virginia. VII. Ref: State Papers, Colonial, James I, Vol. III, No. 18. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 65. Transcript: New York Public Library, Bancroft Papers, II, 501-503. JULY 26 PRO. [NY] 709. Secretary Conway. A letter to Lord President Mandeville, concerning John Bargrave. VII. Ref: State Papers, Domestic, James I, Vol. 170, No. 65. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 65. JULY 31 PRO. 710. Solicitor-General Heath. A letter to Secretary Conway, stating that the Commission deems it best that the commission from the King be sent to the principal men in Virginia for the present government of the Colony. PRO. [NY] VII. Ref: State Papers, Colonial, James I, Vol. III, No. 19. Pub: (1) Calendar: Virginia Mag. of Hist., VII, 45. (2) Sainsbury, Calendar of State Papers, Colonial, p. 65. Transcript: New York Public Library, Bancroft Papers, II, 505–507. 711. Sir Thomas Smythe. A letter to Secretary Conway, stating that the Virginia Company hoped that John Bargrave would pay £500 due before his protection was renewed, and enclos- ing a petition to the King. PRO. [NY] VII. Ref: State Papers, Colonial, James I, Vol. III, No. 20. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 65. A. S. Transcript: New York Public Library, Bancroft Papers, II, 509, 511. AUGUST 2 712. Solicitor-General Heath. A letter to the Duke of Buckingham, entreating his assistance in settling the contract for Virginia tobacco. VII. Ref: State Papers, Domestic, James I, Vol. 171, No. 7. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 69. PRO. AUGUST 5 713. Sir Thomas Smythe. A letter to Lord President Mandeville, requesting him to hinder or defer Captain Bargrave's protection, as he hopes to procure a, countermand from the King. PRO. [NY] VII. Ref: State Papers, Colonial, James I, Vol. III, No. 24. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 69. A. S. Transcript: New York Public Library, Bancroft Papers, II, 517–519. 1624] 199 LIST OF THE RECORDS AUGUST 9 714. Robert, Earl of Warwick. A letter to Secretary Conway, sending Mr. Pory with the com- mission [for Virginia], to desire him to put out Mr. Pott's name, who was a poisoner of savages there and hence unfit for State business; and asking him to remind the King to write Mr. Attorney to put Mr. Bing on the Commission according to promise. Ref: State Papers, Colonial, James I, Vol. III, No. 25. VII. PRO. [NY] Pub: (1) Calendar: Virginia Mag. of Hist., VII, 51. (2) Sainsbury, Calendar of State Papers, Colonial, p. 69. Transcript: New York Public Library, Bancroft Papers, II, 521. AUGUST 13 715. Secretary Conway. A letter to Attorney-General Coventry, concerning conferring with Sir Thos. Smythe and the Earl of Warwick about putting Mr. Bing on the Commission. Ref: Minute, Conway's Letter Book. VII 716. VII. PRO. A letter to Solicitor-General Heath concerning the returns of the Commission for a Council in Virginia. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 69. Ref: State Papers, Domestic, James I, Vol. 171, No. 47. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 69. AUGUST 16 PRO 717. John Harrison. Power of attorney from John Harrison, of London, to John Carter, master of "Anne." PRO. [NY] VI. Ref: State Papers, Colonial, James I, Vol. III, Nos. 26, 27. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 69. Transcript: New York Public Library, Bancroft Papers, II, 525–529. Council in Virginia. Court Book of the Council in Virginia concerning the complaint of Ensign John Ulie (?) against Tyler for slander. Ref: MS. Court Book of the Colony. LC. 718. IV. AUGUST 23 719. IV. Council in Virginia. Court Book of the Council in Virginia concerning the sentence of William Tyler for slander. Ref: MS. Court Book of the Colony. LC. AUGUST 26 720. James I. Commission to Sir Francis Wyatt as governor and to the Council in Virginia. PRO. I. Ref: (1) Patent Roll, 22 James I, pt. 17, No. 2. (2) Chancery Privy Seal, 22 James I, August. Pub: (1) Hazard, Historical Collection of State Papers, I, 189–192. (2) Rymer, Foedera, XVIII, 618. SEPTEMBER 5, 12 721. Council in Virginia. Court Book of the Council in Virginia: list of persons coming to James City, Virginia, in the “Bonny Bess," who took the oath of supremacy. Ref: MS. Court Book of the Colony. IV. SEPTEMBER 18 OR 15 (?) LC. 722. James I. Commission as governor to Sir George Yeardley in the absence of Sir Francis Wyatt. (1) PRO. (2) LC. I. Ref: (1) Docquet Book, Domestic, James I. (2) Misc. Records, 1606–1692. ( Copy), 122-125. (Bland Pub: (1) Hazard, Historical Collection, 1, 235. (2) Sainsbury, Calendar of State Papers, Colonial, p. 69. 200 [1624 INTRODUCTION SEPTEMBER 26 723. IV. Council in Virginia. Court Book of the Council in Virginia concerning the fining several offenders, 20 nobles, toward the repair of the church, for drinking. Ref: MS. Court Book of the Colony. LC. SEPTEMBER 28 Privy Council. An order for an exact account of John Puntis's property to be sent to Thos. Merry (1) PC. (2) PRO. [NY] 724. I. Ref: Privy Council Register, James I, Vol. VI, p. 449. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 70. 725. James I. I. Transcript: New York Public Library, Bancroft Papers, II, 533–535. SEPTEMBER 29 Proclamation restraining the importation of tobacco except from Virginia and the Summer Islands. Printed. JCB. Pub: (1) Hazard, Historical Collection, I, 193-198. (2) Rymer, Foedera, XVII, 621. OCTOBER 726. Capt. John Bargrave. A letter to profitable way to plant Virginia. concerning a remodelled project, the only safe and PRO. VI. Ref: State Papers, Domestic, James I, Vol. 173, Nos. 120, 121. Pub: Sainsbury, Calander of State Papers, Colonial, p. 70. OCTOBER 4 727. Council in Virginia. Court Book of the Council in Virginia concerning Sybill Royall's will. LC. 728. IV. Ref: MS. Court Book of the Colony. OCTOBER 10 Council in Virginia. Court Book of the Council in Virginia concerning: I. Accusations against Captain John Martin for slanderous sayings. II. Claim that Company had right to appoint ministers. III. Difference as to division of parishes, payment of work- man's wages for church. IV. Complaints of Elizabeth Abbot's servant-having been beaten by Mr. Procter, her master. LC. IV. Ref: MS. Court Book of the Colony. OCTOBER 18 729. [Privy Council.] Warrant to prepare a bill for Edward Dichfield and five others on the recommendation of Virginia Commission, appointing them officers for searching and sealing tobacco. I. 730. IV. Ref: State Papers, Domestic, James I, Vol. 173, No. 55. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 71. OCTOBER 19 PRO. LC. Council in Virginia. Court Book of the council in Virginia, granting several leases to persons on governor's and college land for a term of five years from date. Ref: MS. Court Book of the Colony. OCTOBER 22 I. 731. Privy Council. Warrant to Lord Carew, Master of Ordinance, to deliver to the Virginia Com- missioner one last of powder. (1) PC. (2) PRO. Ref: (1) Privy Council Register, James I, Vol. VI, p. 474. (2) Colonial Entry Book, Vol. 79, p. 278. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 70. 1624] 201 LIST OF THE RECORDS OCTOBER 25 732. Council in Virginia. Court Book of the council in Virginia, concerning the complaint of Capt. John Martyn against the master of ship for nine weeks' detention in New Eng- land. LC. IV. Ref: MS. Court Book of the Colony. OCTOBER 28 733. VI. "Att the same tyme there was a newe offer made by dyuers honest Men for the good of the Plantation and presented to Mr. Soliciter the :28th of October 1624." BM. [LC] Ref: Additional MSS., 12496, fo. 447. (Caesar Papers.) [NOVEMBER] 734. [Sir Nathaniel Rich.] Rough notes in criticism of Captain John Bargrave's proposition. VI. Ref: Manchester Papers, No. 409. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 48. NOVEMBER 1 PRO. 735.* Meeting of the adventurers of Martin's Hundred, concerning the land for the East India School. MC. VI. Ref: Ferrar Papers. 736. Council in Virginia. Indians. Action concerning a will, a complaint, and use of arms by the IV. Ref: MS. Court Book of the Colony. NOVEMBER 9 LC. 787. The King. "Proclamation of a concession to Edward Dichfield and others" concerning tobacco. I. Pub: (1) Hazard, Historical Collection, I, 198–202. (2) Rymer, Foedera, XVII, 633. NOVEMBER 16 788. Sirs Thomas Smythe and others. Sirs Thomas Smythe and others, of the council for Virginia, to the Earl of Warwick. PRO. [NY] III. Ref: State Papers, Colonial, James I, Vol. III, No. 28. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 70. Transcript: New York Public Library, Bancroft Papers, II, 541-543. NOVEMBER 17 789. Privy Council. A letter to Commissioners for Virginia, to investigate the claims of Lady Wyatt on behalf of her late husband vs. the Virginia Company. PC. I. Ref: Privy Council Register, James I, Vol. VI, p. 496. NOVEMBER 18 740. [Secretary Conway.] A letter to Solicitor General Heath, stating that the King desires him to prepare grant of denization to Beaumont. PRO. VII. Ref: State Papers, Domestic, James I, Vol. 164, No. 85. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 70. NOVEMBER 23, 25 741. Council in Virginia. Court Book of the Council in Virginia concerning: I. Oath in regard to Captain John Martyn; II. Petition of Alice Boyle, concerning slander of herself by Johane Wilson. LC. IV. Ref: MS. Court Book of the Colony. 1 202 [1624-1625 INTRODUCTION NOVEMBER 28 742. James I. A letter to the Commission and Company of Virginia, recommending James Stuart for fit employment. PRO. [NY] I. Ref: State Papers, Colonial, James I, Vol. III, No. 29. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 70. Transcript: New York Public Library, Bancroft Papers, II, 545. DECEMBER 2 743.* Council in Virginia. Letter "To the right Honobft Henry Earle of Suthamptone, with the Lordes and others of the counsell & compeny of Virginia," concerning the victory over the Indians. (1) LC. (2) PRO. IV. Ref: (1) MS. Rec. Virginia Co., III, pt. i, p. 11a. (2) State Papers, Colonial, James I, Vol. III, No. 30. Pub: (1) Calendar: Virginia Mag. of Hist., VII, 130-131. (2) Sainsbury, Calendar of State Papers, Colonial, pp. 70-71. D. S. DECEMBER 13 I. 744. Commissioners for Virginia. A letter to the King, concerning tobacco. Ref: State Papers, Colonial, James I, Vol. III, No. 31. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 71. D. S. and with seal. 1624 (?). 1624 (?) DECEMBER 22 745. Colonists in Virginia. A letter concerning the intolerable rates for commodities. IV. Pub: Purchas, His. Pilgrimes. 1624 DECEMBER 27 PRO. 746.* Council in Virginia. Orders on the demands of Captain Martin. IV. Ref: State Papers, Colonial, James I, Vol. III, No. 36, II. Pub: Virginia Mag. of Hist., VII, 145–146. PRO. [NY] Transcript: New York Public Library, Bancroft Papers, II, 565–571. Series attested by Secre- tary Southerne. DECEMBER 31 747. Grant to Beaumont of denization, confirming lands and liberty in Virginia as granted by the Commission for Virginia. PRO. I. Ref: Docquet Book, Domestic, James I. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 71. 1625 748. "Considerations Touching the New Contract for Tobacco. As the same Hath beene pro- VI. pounded by Maister Ditchfield, and other vndertakers." Printed. (1) BM. (2) PRO. Ref: (1) Additional MSS., 12496, fos. 440-446 (Caesar Papers). (2) State Papers, Colonial, James I, Vol. III, No. 32. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 71. 1624/5] 203 LIST OF THE RECORDS 1624/5 JANUARY 7 749. Solicitor-General Heath. Motion for release of "Elizabeth of London," Richard Page, Master, bound to Virginia. PRO. VII. Ref: State Papers, Colonial, James I, Vol. III, No. 33. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 71. JANUARY 10 750. Sir Francis Wyatt, Governor, and Council in Virginia. A letter to the Earl of South- ampton and the Company of Virginia. IV. Ref: State Papers, Colonial, James I, Vol. III, No. 34. Pub: Sainsbury, Calendar of State Papers, Colonial, pp. 71–72. 751.* Census of 1624. IV. (1) Transcript: New York Public Library, Bancroft Papers, III, 141–143. (2) D. S. with a seal. BETWEEN JANUARY 20 AND FEBRUARY 7 PRO. [NY] (1) PRO. [LC] [NY] Ref: State Papers, Colonial, James I, Vol. III, No. 35. Pub: (1) Neill, in New England Hist. and Geneal. Register, Vol. 31, pp. 147, 265, 393. (2) Brown, First Republic, 611–627. (3) Summary: Virginia Mag. of Hist., VII, 364–367. (1) Transcript: New York Public Library, Bancroft Papers, II, 601–617. (2) Document in State Papers, Colonial, in the autograph of Ed. Sharpless. FEBRUARY "A Briefe Declaration of the state of Virginia at my cominge from thence in February 1624.” [NY] 752.* John Harvey. IV. Pub: Mass. Hist. Soc. Collections, fourth series, IX, 60–73. Transcript: New York Public Library, Barlow Papers, Virginia, I, No. 27. FEBRUARY 4 758.* Sir George Yeardley. Answer of defendant to the demand of Capt. John Martin, requiring recompense for wrongs done, and touching his right to cattle left in charge of Lieut. Edmund Saunders. PRO. [NY] IV. Ref: State Papers, Colonial, James I, Vol. III, No. 36. Pub: (1) Virginia Mag. of Hist., VII, 136–144. (2) Sainsbury, Calendar of State Papers, Colonial, p. 72. (1) Transcript: New York Public Library, Bancroft Papers, III, 145–147. (2) Autograph of Edward Sharpless, attested by John Southerne. 754.* Examination of witnesses concerning the demands of Capt. John Martin. IV. Ref: State Papers, Colonial, James I, Vol. III, No. 36. Attested by Southerne. PRO. 755.* Council in Virginia. Letter from council in Virginia to the Virginia Company of London concerning Capt. John Martin. (1) LC. (2) PRO. [NY] IV. Ref: (1) MS. Rec. Virginia Co., III, pt. ii, p. 12. (2) State Papers, Colonial, James I, Vol. III, No. 36. Pub: (1) Calendar: Virginia Mag. of Hist., VII, 131-132. (2) Sainsbury Calendar of State Papers, Colonial, p. 72. (1) Transcript: New York Public Library, Bancroft Papers, II, 549-555. (2) Photograph in the Library of Congress. ! 204 [1624/5-1625 INTRODUCTION MARCH 2 756. James I. Proclamation for the utter prohibition of the importation and use of all tobacco, which is not of the proper growth of the colonies of Virginia and the Sommer Islands or one of them. BM. I Ref: Additional MSS., 12496, fo. 461. (Caesar Papers.) Pub: (1) Hazard, Historical Collection, 1, 224–230. (2) Rymer, Foedera, XVII, 668- 672. 1625/6 MARCH 4 757. Privy Council. Commission to George Yeardley to exercise government as fully as any gov- ernor in the past five years. 1. Ref: Colonial Entry Book, Vol. 79, pp. 248-256. PRO. Pub: (1) Hazard, Historical Collection, I, 230–234. (2) Rymer, Foedera, XVIII, 311. (3) Sainsbury, Calendar of State Papers, Colonial, p. 77. 1625 APRIL (P) 758.* Virginia Company. "Discourse of the Old Company." Answer to the Privy Council, requesting a new patent with the old privileges and liberties, and reviewing the history since 1606. PRO. [NY] III. Ref: State Papers, Colonial, James I, Vol. III, No. 40. Pub: (1) Virginia Mag. of Hist., I, 155-167; 287-309. State Papers, Colonial, p. 73. (2) Sainsbury, Calendar of Transcript New York Public Library, Bancroft Papers, III, 1–133. MAY 759. "Extracte of all ye titles & estates of land" sent home by Sr Francis Wyatt (when he returned for England) vnto the L' of his Priuy Councell according vnto their Order in their letter dated at Salsbury. W. Claibourne." IV. (1) & (2) LC Ref: (1) MS. Rec. Virginia Co., III, pt. ii, pp. 71-75. (2) Virginia Records, 1606–1692, pp. 84-91. MAY 13 760. Charles I. A proclamation settling the plantation of Virginia. I. Ref: Proclamation, Charles I, No. 10. PRO. Pub: (1) Hazard, Historical Collection, I, 203–205. (2) Rymer, Foedera, XVIII, 72. JUNE 15 761.* Council in Virginia. Letter to the "Right Honorb¹ the Lord of his Matles moste Honorbl Priuy Councell," concerning property of John Pountis, punishment of Edward Sharples, and the sole importation of tobacco.. (1) LC. (2) PRO. 762.* IV. IV. Ref: (1) MS. Rec. Virginia Co., III, pt. 1, pp. 14, 14ª. (2) State Papers, Colonial, James I, Vol. III, No. 41. Pub: (1) Calendar: Virginia Mag. of Hist., VII, 134–136. (2) Sainsbury, Calendar of Stale Papers, Colonial, p. 74. Letter to "the right Honobft, the Lords and other his Matles Commissioners for y affayers of Virginia," concerning the establishment of a new government and the con- dition of the Colony, defending it from evil reports. Ref: MS. Rec. Virginia Co., III, pt. i, pp. 12–13a. LC. [1825/6-1626 205 LIST OF THE RECORDS 1625/6 JANUARY 4 763.* Governor and Council in Virginia. Letter to the Royal Commissioners for the affairs of Virginia. (1) LC. (2) PRO. Ref: (1) MS. Rec. Virginia Co., III, pt. ii, pp. 68, 69. (2) State Papers, Colonial, James I, Vol. IV, No. 1. IV. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 77. 1626 APRIL 6 784.* Governor and Council in Virginia. Letter to "the right Honor the Lors of his Matles most Honorabt Priuy Counsell." LC. Ref: (1) MS. Rec. Virginia Co., III, pt. ii, pp. 69-70. (2) State Papers, Colonial, James I, Vol. IV, No. 9. IV. Pub: (1) Massachusetts Historical Society Collection, fourth series, IX, 74–81. (2) Sainsbury, Calendar of State Papers, Colonial, p. 79. D. S. Addenda et Corrigenda 39. Omit: "Pub: Va. Mag. of Hist., IV, 28-29.” 40ª. Add, following No. 40 under date of June 9: Governor Argall. A letter. IV. Ref: (1) Misc. Papers, 1606-1683, quarto. (Abstract only.) (2) MS. Coll. Va. Hist. Soc., John Randolph MSS., III. Pub: Va. Mag. of Hist., IV, 28. 43-48, 50-52, 55-57. Ref: Change to: See under No. 39. 64. Change note to: See No. 39, Remarks. 65. Ref: Omit: "(Abstract only)". Add: (2) MS. Coll. Va. Hist. Soc., John Randolph MSS., III. Pub: Add: Va. Mag. of Hist., IV, 29. Change note to: See No. 39, Remarks. 67, 74, 75. Change note to: See No. 39, Remarks. 78. Ref: Change to: See under No. 71. Pub: Change to: See under No. 71. 108ª. Add, following No. 108 under date of May 25: James I. Proclamation concerning tobacco. Pub: Referred to only in Rymer, Foedera, 17, 191. 137a. Add, following No. 137 under date of November 10: James I. Proclamation concerning tobacco. Pub: Referred to only in Rymer, Foedera, 17, 191. 167. Ref: Change to: (1) Privy Council Register, James I, Vol. IV, p. 471. 167ª. Add, following No. 167 under date of April 7: James I. Proclamation concerning the garbling of tobacco. Pub: Rymer, Foedera, 17, 191. 184. Pub: Add, Rymer, Foedera, 17, 233. 511. Change to: For the petition formulated, see ante No. 481. 206 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. con indicates tion. SIGNS AND ABBREVIATIONS. Cort indicates Court. Cr indicates etc. Ire, Ires indicate letter, letters. li indicates pound. Its, LLs, Lo indicate Lords, Lord. Lops, LLP indicate Lordships. Mts, Matie indicate Majesty's, Majesty. o', yo' indicate our, your. p indicates per, par, e. g. pvse (peruse). p indicates pro. 16455-VOL 1-06-14 207 208 TABLE OF CONTENTS p indicates pre, pri, e. g. Buately (privately). q indicates que. Trer, Threr indicate Treasurer. wtt indicates weight. 9 indicates omission of final letters or syllable, e. g. man9 (manner). e indicates final es or et, e. g. hande (handes). THE COURT BOOK VOLUME I, 1619-1622 209 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 APR 1619 PRESENT t RIGHT HONO: bre The Earle Southampton. The Earle of Warwick. The Lo: Cauendish. The Lo: Pagett. Generall Cecill. St Thomas Smith kn' Thřer. St Edwin Sandis. Sr Iohn Dauers. Sr Iohn Merrick. Sr Dudley Diggs. Sr Nicholas Tufton. Sr Samuell Sandis. Sr Henry Rainsford. Sr Robt Wayneman. ST Tho: Cheeke. Sr Nath. Rich. Sr Io: Wolstenholme. Sr Wm Russell. Sr Tho: Wilford. m² Aldran Iohnson. m² Morrice Abott. mr Thomas Gibbs. m' Thomas Stiles. m' Wm Greenwell. г m' Wm Bell. m' Humfry Handford. r m' Rich: Rogers. mr Iohn fferrar. m' Clitheroe. m' Caning. mr Ditchfeild. Cr. 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 211 212 RECORDS OF THE VIRGINIA COMPANY 1 according as they were desired haue attended the Is and receaued their approbačon 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 erecčon of hande.' This Quarter Court according to the Lřes Pattents being chiefly ordayned for the elecčon of Officers: Mr Trer desired the Court that before he left his place, he might acquaynt them wth two messages Lately reč from the King: The one was, that he receaued a Ire from m' Secretarie Caluert that his Matle had sent a man vp suspected for Deere stealing, to be transported for Virginia; and vnderstanding that M¹ Iohn fferrar had a shipp shortly to goe thither, || desired || that his Mats resolučon 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 May 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 Labo's and endeauors for the support thereof: and being now appointed by the Kinge a Comissione of his Nauie he could not giue such good attend- ance as he therein desired. Requesting the Court to shewe him so much fauo 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 resolučon to be settled, and that he would not stand in elecčon; they proceeded according to the Last Standing order now read, to make choice of their Treasuro" S Edwin Sandis, S Iohn Wolstenholme and m' Aldran Iohnson being nomi- nated and accordingly ballated, the Lott fell to St Edwin Sandis to be Trer, he hauing 59 balls, Sir Io: Wolstenholme: 23: and Aldñan Iohnson: 18: wherevpon his oath was administred.2 ¹ For a draft of this report see List of Records, No. 105, page 133 ante. 2 For documents relating to this election see List of Records, Nos. 108 and 170, pages 133 and 140, ante. APRIL 28, 1619 213 Proceeding to the elecčon of the Deputy, there was nominated m' Alder Iohnson, m' Xofer Cletheroe, and m' Iohn fferrar, who being bal- loted m' Iohn fferrar was elected Deputy for the ensuing yeare by hauing 52 balls, m' Aldran Iohnson 29, and m' Christopher Cle- theroe ten; vpon wch the said m' Iohn fferrar had his Oath giuen. .ch Next the Court proceeded to the elecčon of the Comittees, web was performed according to the Standing order now read, one fourth part being nowe elected, and the rest by ereccon of hands confirmed, Their names be these, m' Raphe Gore. m¹ Wm Caninge. m² Wm Palmer. m' Wm Essington. m' Tho. Wheatley. m² Edw: Ditchfield. mr Geo: Smith. m' Dan: Darnelly. r m' Ri: Morer. mr Berblock. m² Caswell. m² Paulson. m' Keightley. m' Chambers. m' Wiseman. mr Barnard In like sort for Auditors the Court now haue made choice for the suc- ceeding yeare of St Io: Dauers, m' Io: Wroth, m' Essington, m' Io: fferrar, m' Briggs, m' Wiseman and m' Chambers, who taking their Oaths, all saue m' Iohn Wroth who was absent, they or any three of them were desired to bestowe some extraordinary paines in the expe- diting of the Acc° wch they haue promised to performe. Valentine Markham Bookeeper William Webb Husband ffrancis Carter the Officer Cr Henry ffotherby Secretary Was confirmed in their former places and tooke each of them the same Oath. Vpon the absence of Sr Tho: Smith the Court was moued by S Edwin Sandis now Treasuror, that in consideračon 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 Plantačon 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 214 RECORDS OF THE VIRGINIA COMPANY 1 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 erecčon of handes. This Court was acquaynted, that the Lord of Salisbury desired the admittance of Captaine ¹ Brett into this ffellowshipp, and to 1 that end his LoP 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 M', one of the Counsell, Truck M' 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. ¹A blank space in the manuscript. MAY 12, 1619 215 MAY THE 12th 1619 A COURT HELD FOR VIRGINIA AT MR. FERRARS HOWSE IN ST. SITHES LANE, BEING PRESENT The Right hore The Earle of Southampton. The Earle of Warwick. St Edwin Sandis Knt Trer. Sr Dudley Diggs. Sr Io: Dauers. Sr Hen: Rainsford. St Edward Harwood. Sr Nath: Rich. Sr Io: Wolstenholme. ST Tho: Wroth. Sr Tho: Wilford. mr Iohn Wroth. m' Io: fferrar Dpty. m' Wheatly. mr Swinhowe m' Thorpe. m' Tomlins. mr Dr Gulston. m' Oxenbrigg. m' Tho Gibbs. m' Rogers. m' Nich° fferrar. r m' Gabriell Barbor. mr Chambers. m' Hen. Briggs. m² Berblock. m' Geo: Smith m' Meuerell, etc. It was propounded by mr. Třer 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 consideračon, 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 confirmacon if they shall see cause. Wch Proposičon the Court haue condiscended vnto, and to that end haue desired Sr Dudley Diggs. Sr Edward Harwood. Sr Nath: Rich. Sr Iohn Wolstenholme. m' Alder Iohnson & I 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. 216 RECORDS OF THE VIRGINIA COMPANY t Mr. Treasurors second Proposičon was, that there might be another Comittee for the constituting of Lawes and setling of a forme of Gov- ernem 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, m' Thomas Gibbs, m' D' Gulson, Captaine Bingham, m' Wm Essington, m' Edward Ditchfield, m' Thomas Kightley, m' W" Caninge, m' Henry Briggs and mr. Thomas Wheatley to meet at the same time and place vpon ffriday ffourtenight being the 28th of this instant. Mr. Threr intimated to the Court, that whereas St Thomas Smith at the resigning vp his place should report that there was -4000¹ for the new Treasuro' 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—3700¹—vízt old poun debts of Ten yeares old 1800¹i. and att the returne of the Shipps S Geo: Yeardley went in, and the other wherein the Children was transported will amount to-1148¹¹. as also 700¹i-wch is owing to the Collecčon 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 erecčon 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, weh 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 informačon 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] MAY 12, 1619 217 rs And forasmuch as ST Thos. Smith is very importunate for the speedy auditing of his Acc° and to that end hath desired some others to be associated vnto the Audito namely, m' Morris Abbott, m' Humph: Handford, and m' 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 S 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 m' 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 Proposičon was well allowed, and mr. Thñer, S' Io: Dauers and mr. Wroth being thereto nominated, and put to the question, it was by ereccon 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 p'sent: 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 m' Threr and m' 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 y next Q' Court he procure it to be moued for him, that Court will take thereof due consideračon. 218 RECORDS OF THE VIRGINIA COMPANY MAY THE 1 ¹ 1619 Sr Edwin Sandis Knt Threr. m' Bland. St Edward Harwood. Sr Io: Dauers. m² Io: fferrar Dpt. m' Nich: fferrar. m' Berblock. m² Hen: Briggs. mr Wiseman. m² Geo: Smith. m' Geo: Thorpe. mr Caswell. m' 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 about to take about 1 Sumerscales was ¹Tobacco: the Cort desired m' Threr to speake wth m' Atturney generall, and to learne whither the same be any way preiudiciall to the Company or not. Generall Cæsill. MAY THE 26th 1619 ST Edw: Sandis. Sr Io: Wolstenholme. Sr Tho: Wroth. mr Alder Iohnson. m' Io: Wroth. m' Io: fferrar Dpt. PRESENT mr Tho: Gibbs. Capt. N: Butler. m' Oxenbrigg. m' Rogers. m' Tho: Cañon. m* Essington. m' H: Briggs. mr Wm Palmer. mr Swinhowe. m' Berblock. mr Conell. m' Meuerell. m' Caswell. mr Roberts etc. It was made knowne by m" 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 ¹A blank space in the manuscript. MAY 26, 1619 219 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 approbačon 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 m Thomas Westrowe touching the fraight of the Neptune, and the Acc° of Rich: Beomonnt m' and Part-Owner being concluded by the Arbi- trators, and the perticulers now read, receiued the confirmacon of the Court: Vpon wch m' Threr 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 m' Treasuror and m² 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. r The Last Court wherein m' Threr was desired to repaire to m' 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 consideračon, the Court haue desired m¹ Třer to goe againe to m' Atturney Generall and to take some more paines for to hinder the going forward of the same, and haue associated to goe along with him Generall Cecill, S Io: Wolstenholme, m' Aldeř Iohnson and m' Iohn Wroth to morrowe morning at seauen of the Clock, and if they faile of doing good therein, it is agreed, that the 220 RECORDS OF THE VIRGINIA COMPANY Counsell shalbe assembled to take such further course therein as shall seeme requisite m' Wm Palmer was desired to write to m' Sumerscales to meete them at that hower at m' Atturnies. It was also by m² Třer propounded to the Cort as a thing most worthy to be taken into consideračon both for the glory of God, and hono™ of the Company, that forasmuch as the King in his most gracious fauo' hath graunted his Lres 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 accon, especially of all those wch hath contributed to the same, that therefore to begin that pious worke, there is allready towards it -1500,-or thereabouts, whereof remayning in cash 800¹, 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 m' Treasuro' hauing some conference with the Bishop of Lichfield, he hath not heard of any Collecčon 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 erecĉon 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 Labo' and the other halfe to goe in setting forward the worke, and for mayntenance of the Tuto & 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 Comon 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 rs MAY 26, 1619 221 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 4ª 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 Proposičon was well liked but the time and season not allowed of all; and by some obiected, that the Generall Plantačon should receaue much mony if more men were sent ouer soe sodaynly before those that are allready gone haue procured wherewhall 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-(viz¹) wth 50 Passengers for the Colledge Land, and 50 for the Comon Land, it was by generall consent, and erecčon of hande allowed and confirmed. One m' 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 m¹ Treasuro howse to consider and if need be to correct the same. rs 222 RECORDS OF THE VIRGINIA COMPANY IUNE THE VIJth, 1619. A PREPARATIUE COURT HELD FOR THE VIRGINIA COMPANY AT MR. ffERRARS HOWSE IN ST SITHES LANE. PRESENT St Edwin Sandis Knt Threr. Sr Iohn Dauers. Sr Nath. Rich. r m Io: Wroth. m' fferrar Dpt. m' D' Anthony. m' Tho: Gibbs. m' Ri: Tomlins. m' Hen: Reignolde. Capt Io: Bingham. Capt Io: Bargraue. m' Robt: Smith. m' Edw: Ditchfield. m' Hen: Briggs. m' fferrar iunio¹. m' Bamford. m' Berblock. mr Caswell. m' 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 confirmacon 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 Lres 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 Lres Pattents, there were also Instrucõons giuen by his May vnder the Priuy seale to the Treasuro' and Company of Virginia, for the gov- erning of the Plantačon, A coppie of wch m' Treasuror hauing now JUNE 7, 1619 223 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, ST Tho: Smith is desired (if it may be) to send in the Originall. A peticon was preferred by Capt Bargraue touching his suite com- enced in the Chauncery against the Adventures of the Ioint stock, was referred to a Comittee, viz to m' Tomlins, m' Rogers, m' Bamford, m' Briggs m' fferrar Iunio', m' 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 m¹ Lott Peere receiued his Quietus est for his imployment in the ffiue shillings Lot- tery, by two seuerall Account, and had paid ST Edwin Sandis Thřer for the foote of one Acc°-116-9-11-and for the foote of his other Account-34-15—8—. That m¹ Threr moue the Quarter Court to take order for the paying of prizes in the Lottery. IS The Audito 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 Iohn Hodgson-2511 passed to ffrancis Whitney Esq". Iohn Tauernor-37"-10" to Thomas Shepherd Merch*. Martine Earle-12-10 to Nicho: Buckeridge Merch*. Dr Lawrence Böhun fiue shares of 12:10:a peece. to Richard Boothbie merchant. to Dr Thomas Winstone. to Hugh Windham Merch. to Iohn Tucker Merchant. to Iohn Strange. Capt Edw: Brewster 1 share to W™ Cranmer Merch. [10] 16455-VOL 1-06-15 224 RECORDS OF THE VIRGINIA COMPANY IUNE IXth 1619 A QUARTER COURT HELD FOR VIRGINIA AT MR FERRARS HOWSE IN ST SITHES LANE PRESENT The Right honor Henry Earle of Southampton. Robert Earle of Warwick. The Lo: Cauendish. m' Alder. Iohnson. The Lo: Pagett. Generall Cecill. mr Treasuror. ST Tho: Smith. Sr Io: Merrick. S' Dudley Digges. Sr Io: Dauers. Sr Tho: Gates. ST W™ Thrickmorton. Sr Nath: Rich. m St Antho: Auger. ST Tho: Cheeke. Sr Io: Sams. Sr Io: Wolstenholme. Sr Wm Russell. ST Tho: Wilford. г mr Io: Wroth. m' Geo: Sandis. m' Morrice Abbott. m' Io: Ferrar Dept. m' Tho: Gibbs. m' Hen: Reignolds. m' Rich: Tomlins. m' George Thorpe. m' ||W|| Oxenbrigg. D' ffran: Anthony. Dr Gulstone. Capt: Na: Butler. mr Hum: Handford. m² W™ Bell. m' Rich: Rogers. m' Antho: Abdy. m' Wm Essington. m' Wm Caninge. m' George Swinhowe. m² Steward. m' fferrar iunio". m' Ditchfield. m' Hen: Briggs. Dr Fr Thomas|| Win- m' Wiseman. stone. Capt Samuell Argoll. Capt Bargraue. Capt Tucker. Capt Io: Bingham. Capt Brewster. Capt Whitner. m' George Chambers. m' Wheatly. m' Shepherd. mr Cranmer. mr Boothby. m' Buckeridge. m' 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 JUNE 9, 1619 225 ch Acc depending in Audite, weh Sr Tho: Smith tooke some excepĉons, 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 excepčons 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 Acc° 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 S Thomas Smith from the benefitt of the said old Accompte, they were agreed to be putt to the question: Weh being done, they were generally con- firmed by erecčon of hande. ch Afterward vpon the exhibiting of a writing signed by ffower of the Auditors in answere of St Thomas Smiths močon touching the sayd Account; Sir Thomas Smith vpon pervsall of the said writing and to giue all men satisfacčon, gaue his consent that the present Audito"should pro- ceed with 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 St Thomas Smith, yet they should¹ have more vse of St Edwin Sandis by reason of his experience therein, whose busines would not permitt him to come so farr. Wch was answered by St 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 notwithstanding to determine this Controuersy, he would referr him- selfe to the most voice of the Audito", whither they would be willing to meete at his house or not. The močon being well liked, it was ordered, that the seauen Audito" chosen by the Quarter Court of elecčon, and fower others by a former Court annexed vnto them, and allowed at this (so that they take their Oaths) namely, m' Morris Abbott, "Written over "would" in the manuscript. 226 RECORDS OF THE VIRGINIA COMPANY m' Humphrey Handford, m' Antho: Abdie and m' Thomas Kightley doe assemble vpon Munday morning at St 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 publiq Land, was now agayne propounded by m' Threr: Weh being putt to the question, receiued the confirmacon 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, weh is the fittest and seasonablest time for men to doe some busines. Captayne Brewsters appeale against Captaine Samuell Argoll touch- ing his condempnačon in Virginia being referred to the hearing of this Court; and now questioned by the said Captaine Brewster whither he were Gouerno" 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 Gouerno" or noe, it plainly appeared by a Lre 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 Lops Life from his mortall body before he Landed there, this point stood cleere that he remayned Gouerno', 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 consideračon 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 Plantačon, as namely JUNE 9, 1619 227 the Right honoble Robt Earle of Warwick, ST Tho: Cheeke, S Nath: Rich, m' 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 ereccon 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 Trer, 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 erecčon of hande; Wch points are these that followe, 1. Whereas the Director of the Magazine his Assistants and other Officers haue vpon the first elecčon continued now in their places two yeares and vpwards, They desire, that according to the vse of the Officers for the Company they may be chosen anew euery yeare, or that the former may be continued in their places by a new elecẽon yearely. 2. Whereas the Officers of the Magazine haue promised out of the good returned from Virginia to make a Devision of one Capitall vnto the Adventurers in Aprill last, and haue not yet performed it, nor made vp any Accounts to giue the Adventure" satisfaceon, They desire that they may be required by the Court to performe their promise imediately, and to make vp their Account against the next Court day and then present them to the Court; And that the Adventurers may then proceed to a new elecčon. .ch 3. Thirdly that the Officers of the Magazine as well those that are now, as those that shalbe hereafter may take their Oaths for their iust dealing, and trew accompting weh the Company, aswell as the Officers of the Generall Company who handle not so greate somes. 4. That all the letters written from the officers of the Magazine to the Capemerchant, and from the Capemerchant to them may be entred in a booke by their Secretary, to the end that all men may be satisfied of faire dealings and proceedings. 228 RECORDS OF THE VIRGINIA COMPANY 5. That the Assembly for the Magazine may be kept when & where the Courts are to the end the Adventurers may come and speake their mindes more freely, soe farr forth as they shall haue reason. fforasmuch as it appeared, that there was more busines to be per- formed then this Afternoone could well determine; It was moued that if m² Threr 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 m' 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 peticon preferred by Capt Bargraue haue adioyned vnto them Generall Cæsill, St Dudley Diggs, St Tho: Cheeke, Sr Iohn Dauers, S¹ Nath: Rich to meete at Generall Cæsills howse to morrowe Afternoone at two of the Clock; And that m' Aldran Iohnson, m' Essington & m' Ditchfield be warned to be there at that time. r JUNE 14, 1619 229 IUNE THE 14th 1619 ST Edwin Sandis Knt Threr. Sr Dudley Diggs. Sr Io: Dauers. PRESENT Capt. Bingham. mr Chambers. Capt. Bargraue. m' Wheatley. m' Shepherd. m² Kightley. Sr Tho: Gates. ST Nath: Rich. Sr Io: Samms. mr Iohn Wroth. m' fferrar Dpty. m' Hen: Reignolde. Capt. S. Argoll. Capt. Butler. Capt. Brewster. m' D' Anthony. mr Dr Gulson. m' Canñon. m' Hen: Briggs. m' Wiseman. m' Berblock. m² Caswell. m' Geo: Smith. m² Sparrowe. m² El: Roberts etc. At this Court m' Iohn Wroth, m' Morris Abbott, m' Humphrey Hand- ford m' Anthony Abdie m' W" Essington and m' Thomas Keightley were now sworne Audito" for the Virginia Company. ch The Guift being now returned from Virginia and hauing brought Ires from St George Yeardley directed to St Edw: Sandis intimating the sore voyage they had; being going thither from the 19th of Ianuary to the 19th of Aprill following, In weh 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 Plantačon 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 Plantacon shall haue noe greate cause to complaine in hast of want. Other priuate busines m' Threr acquaynted the Court was specified in his Lres, wch is first to receaue the advise of the Counsell, and by their direccons to reveale it to the Court.¹ ¹ This is probably the letter given in List of Records, No. 93, page 131, ante. 230 RECORDS OF THE VIRGINIA COMPANY It was moued by m' Threr, 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 Plantačon 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 močon the Court comended and haue desired m² Thrers 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 Gouerno'- 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 Predecesso", and the Custome altogether vsed hetherto in that Plantačon, 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 Ire of the Companies to St George Yeardley and the Counsell of State, and they to make examinačon 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 informačon of the truth thereof. The Comittee by the Court appointed vpon the peticon of Captaine Bargraue, touching the suite depending in Chauncery betwixt him and some Adventure" of the Magazine, the same Comittee meeting at the time and place appointed, and considering thereof hauing both bill JUNE 14, 1619 231 ch 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 weh he was to allowe vnto the Adventurers, -150wth 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 wthin two dayes after at— iiij³ ixª 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 ereccon 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 Aldran Iohnson, and the rest of the Adventures and Officers of the Magazine should be warned agaynst Wedensday sevenight to meete at m' fferrars howse. and to haue the Acc° ready to be deliuered in vpon their Oath. It was moued by mr. Thřer that the Court would take into considera- čon 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 Swch§ the Cort vpon deliberate consideračon haue recomended the care thereof vnto the Right wo' S Dudley Diggs, Sr Iohn Dauers, S Nath: Rich, S Io: Wolstenholme, m' Deputy fferrar, m' D' Anthony, and m' D' Gulson to meete at such time as m' 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 232 RECORDS OF THE VIRGINIA COMPANY 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 ST 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 močon 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 m' Treasurors howse. It was agreed vpon the močon of S Dudley Diggs and St 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 peticon of Iohn Woodliefe gentleman (who disbursed 62-10-00 eleauen yeares since, and the like time spent in the Planta- con 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 consideračon 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 m' Robert Browne who adven- tured wth the Lo: Lawarr 25" and went himselfe in person to Virginia, and there dyed, haue now agreed wth the consent and liking of the JUNE 24, 1619 233 Lady Lawarr that the [said 25"]¹ shalbe deducted out of the 500¹¹ adven- ture of my Lorde, and so [that * * * * ***r]² be giuen to the Bookeeper for the defaulking of it out of the said 500 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 Threr. Sr Io: Dauers. St Stephen Dowle. mr Io: Wroth. mr Ferrar Dpt. m' Tho: Gibbs. m' Ferrar Iunio". m' Rich: Tomlins. m' Anthony Abdy. m' W™ Caninge. m' Edw: Ditchfield. m' Robt Smith. m' Iadwin. m' Wm Essington. m' Rich: Morer. mr Geo: Smith. m' Geo: Chambers. m' Rich: Berblock. m': Conell. m² Meuerell. m' 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] ¹ The manuscript is blotted so as to make this and the two following doubtful passages almost illegible. 'Probably power or order. 234 RECORDS OF THE VIRGINIA COMPANY 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 transportacon & his mans at the Companies charge, and ten pounde imprest to furnish himselfe wall. 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 publiq, Land to be single men vnmarryed. A warrant to be made and directed to St Thomas Smith for the paym of the Colleccon mony to St Edwin Sandis Threr. And that D' 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. Carpenters. Bricklayers. Turners. Potters. Husbandmen. Brickmakers. t 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 m' 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 examinačon haue found diuers Lawes in the Lres Pattents and good poynts in the Instruccons JUNE 24, 1619 235 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. Threr 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, weh 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 Thřer 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 m' Deputy fferrar. Stephen Sparrowes request for the personall adventures of fower 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 Adventures of the Magazine for their place of meeting, it being made knowne that m' Aldĩan Iohnson who is the Director thereof, desired it might be at S Tho: Smiths, by Uor M 236 RECORDS OF THE VIRGINIA COMPANY 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: m' Threr 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 ffacčon thereby should be raysed betwixt the Company and adventurers: wch was answered by m' Threr that he sawe no reason to feare any such ffaccon: but for his part if the Adventurers would repay to the Generall Company their Eight hundreth pound 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 Adventures 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. JUNE 28, 1619 237 IUNE THE 28th 1619 PRESENT Right honorable The Earle of Southampton. The Earle of Warwick. St Edwin Sandis Knt. Threr. Sr Iohn Dauers. Sr Edw: Harwood. Sr Nath: Rich. m² Aldran Iohnson. m' Iohn Wroth. mr Xo Brooke. I mr Morrice Abbott. m' Ferrar Dpt. m' Thorpe. mr Tomlins. Capt Argoll. m' Essington. m' Antho: Abdy. r m' Cartwright. m' Wheatly. m² Barber. m' Chambers. m' Morer. r m' Couell. mr Swinhowe. m' Darnelly. m' Wiseman. mr Berblock. m' Iadwine. With others. Vpon reading the last order in the last Court, touching the place of meeting of the Magazine Adventurers, m' Threr 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 m' Aldran Iohnson Director of the Magazine, that it could not be soe convenient to meete together as in meeting a part; because at such meeting 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 St 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 Uor M 1 238 RECORDS OF THE VIRGINIA COMPANY ch r and some others was engaged to the Chamber of London for one thousand pounde, weh if they pleased to cleare them of that bond, he would consent to meete where they pleased. Wch was answered by m' Threr, 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 m' Aldran 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 St Thomas Smiths, at such time as St Thomas Smith should haue occasion to desire to be present. And for the 1000li wch St Thomas Smith, S¹ Iohn Wol- stenholme, and m' 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 p Cent or that the Vndertakers should remayne in bonde, and a Diuident be made the Adventurers, by ereccon of hande was concluded, that the said vndertakers should be released, by repaying the said some of 1000¹ into the Chamber of London before there should be any Divident. Next was moued by Mr Threr the prosequuting of the Proposičon agreed of in the Last Quarter Cort, weh was, that the Magazine should imitate the order of the Company: ffirst that Officers should be yearely chosen and sworne & that San§ a true Acc, should be deliuered in vpon their Oaths. And first taking into consideračon the choice of their Directo', it was propounded whither they would haue one or two, wch was agreed to haue but one; and m' Aldran Iohnson being there- vnto nominated and putt to the question, was by ereccon of hande confirmed. Likewise to be assisting to m' Director, choice is now made of fiue Comittees, viztt, m' Essington, m' Rich: Morer, m' Edward Ditchfield, m' Richard Caswell, and m' Berblock. And for Auditors m' Abraham Cartwright, M' George Chambers, M' Henry Briggs and m' 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. Maou JUNE 28, 1619 239 And it was also by m' Threr desired that the 340i 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 examinacon of some abuses offred to their Cor- poracon 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: weh done the examinačon thereof was referred to two of the Counsell and two of the Company, viztt, to m² Aldran Iohnson, m' Morrice Abbott, & m' Abdy and m' Cartwright. And for wrong donne by the Capemerchant, it being not their case alone that complaynes, It was agreed that a Ire should be written from the Counsell to St George Yeardley, and that Mr Chambers and others [23]¹ r findeth none soe fitt and convenient for them as m' 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- tacon 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 ¹Pages 21 and 22 are missing from the manuscript. The catch word at the end of page 20 is "deliuer." 16455-VOL 1-06-16 240 RECORDS OF THE VIRGINIA COMPANY some malignity therein vpon himselfe : but being vrged therevnto by the Cort, who generally cleering him of that imputacon 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 Threr. ST Dudley Diggs. ST Tho: Gates. mr Dr Winstone. m' Dr Anthony. Sr Iohn: Dauers. ST Nath: Rich. Sr Tho: Wroth. m² Aldran Iohnson. mr Iohn Wroth. m' Iohn fferrar Dept. m' Geo: Thorpe. m' Tho: Gibbs. mr Robt Offley. m' Rich: Rogers. m' Wm Caninge. mr fferrar Iunio¹. m' Essington. m' Hen: Briggs. mr Ed: Scott. r m" Geo: Swinhowe. m' Tho: Kightley. m' Wm Palmer. r m' Wiseman. mr Lewson. m' Iadwine. m² Meuerell. 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 Lre yet receaued from St George Yeardley the Gouerno', the same was now presented to this Court, where in the Packett was conteyned a generall tre 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 Capemerch', a note of such good as the Country standeth in need of, an Invoice of the goode wch was Landed by the George 1617, An account of the same goods, two bills of Exch to Sr Iohn Wolstenholme, and a note of mony wch the Marriners oweth to the said Adventurers. } JULY 7, 1619 241 The Generall tre being now read, It was moued by m' Threr, that 2 pointe especially therein might be taken into consideračon; 1. Whither it be convenient that libertie be giuen to the Capemer- chant according as he desireth to barter and sell the Comodities as he cann and as is vsuall in free trading: As also liberty to the Inhab- itants there to barter and sell their comodities. ch 2. That as he writeth he is ouercharged wth aboundance of needles Comodities, and wanteth Ploughes and other necessaries, weh he hath often writt for, that it may be thought of how to be remedyed. [24] To wch purpose, the Court haue now appointed ffower of the Counsell, 2 of Smiths Hundred and 2 of Martins Hundred, viz" of the Counsell ST Tho: Gates, m' Iohn Wroth, m' Deputy fferrar and Capt Argoll; ffor Smiths Hundred, m' Thomas Gibbs and m' Robt Smith; ffor Martins Hundreth, m' Geo: Chambers, and m' Wm Caninge, who together with the Director and Comittees for the Magazine are desired to meete too morrow in the Afternoone at m' Treasur's 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, m' Threr required of the Officers then chosen for the Magazine, such Acc° as was then comitted to their care to be perfected, and brought in as vpon this day at the furthest: but perceauing that m' 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 m' Alderman Iohnson as Director thereof, saying, he would complaine to the Lorde of the Counsell of it, or comence suite against him. Wherevpon m' 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 excepēons 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 m' Threr for his part affirmed, that he did not meane m' Alderman otherwise then as 242 RECORDS OF THE VIRGINIA COMPANY ||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 acknowledgm¹ of his part of an error, for preventing the like here- after soe neere as may be; It was moued by m' Wm Caninge, that the Cort might presently decide it; and afterward vpon putting the ques- tion, by generall erecčon of hand agreed that the Counsell now present being the Ea: of Warwicke, St Thomas Gates, ST Iohn Dãuers, S' Nath: Riche, m' Iohn Wroth and m' Deputy fferrar should meete too morrow morning at my Lo: of Southamptons, and they together wth his LoP to consider of m' Aldermans words and to censure him accordingly. r 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 m¹ Threr 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 St Thomas Smithes. Mr Alderman Iohnson being formerly chosen Director of the Maga- zine did now disclayme the same; but whall promising that he would assist the Comittees thereof in any thing he might; but to be the Director he would not. JULY 13, 1619 243 IULY THE 13th 1619 A COURT HELD FOR VIRGINIA AT SIR THO: SMITHS HOWSE IN PHILPOTT LANE. Present the Right Honor The Earle of Southampton. The Earle of Warwicke. Sr Edwin Sandis Knt Threr. Sr Tho: Smith. m' Hen: Reignolde. ST Tho: Wainman. Capt S: Argoll. Sr Tho: Gates. ST Nath: Rich. Sr Io: Wolstenholme. Sr Tho: Wroth. m² Aldran Iohnson. m' Iohn Wroth. m² Xo Brooke. mr Geo: Sandis. m' Geo: Thorpe. m' fferrar Dept. m² Tho: Gibbs. mr Dr Anthony. Capt N: Butler. г m' fferrar iunio¹. m' Ri: Rogers. m² Ro: Bateman. m' Edw: Scott. m' Rich: Bull. mr Geo: Chambers. m❜ Swinhowe. m¹ Paulson. m' Rich: Caswell. m' Caninge. m' Ri: Moorer. m' Hen: Briggs. m' Wiseman. m' Couell. m' Geo: Smith. m' Bereblocke. m' Roberts. m' Cranmer. m² Kightley. m' Shepherd. m' Melling. m' Sparrowe. etc. The busines by the Last Court referred vnto the Counsell touching some vnseemely worde giuen by m' Aldran Iohnson vnto m' Threr 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 disputacon and reproofe of the offence comitted by m² Alderman, & a generall cleering of m² Trer by ereccon of [26] hande and euery mans testimony of the scandall imputed vnto him by m' Alder- man, that he should wrong any of the Company by vndecent language; It was agreed that for preventing the Like abuse to the Threr here- after, the former Comittees, that is to say, the Lord of Southampton, 244 RECORDS OF THE VIRGINIA COMPANY r the Lo: of Warwick, S Io: Dauers, S Tho: Gates, ST Nath: Rich, m' Io: Wroth, m' Geo: Thorpe, and m' Deputy fferrar to whome this busines was formerly referred, now adding vnto their number S Io: Wolstenholme, ST Tho: Wroth, should sett downe in writing to be entred in the Court bookes the iustificacon weh the Court hath giuen to mr. Třer; And should wth all propose to the consideračon of the Court the forme of some strict Lawe for the preventing of the like wrong and abuse in future tyme. 1 There was also presented to the Court by the Audito" and there openly read this writing ensuing; Whereas it hath appeared plainly that during the time, that m" 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 good for the Magazine wch were sent in the George, and receiued by the Capemer- chant, and returned in his Acc° wth the gaine of—85—8—4—And moreouer in October-1618—the Companies Tobacco growing in their Comon garden was sold to m' Abraham Chamberlaine for One hundreth three score and sixteene pounde; and that some 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 oº 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 o vtmost endeauo' therein weh hath proued fruitles: Wee are inforced according to the duty of or places to present the consideraĉon hereof to yo' wisdomes, that some further course may be taken for doing right to the Company, and advancing the Comon service thereon depending. Subscribed: IOHN DAUERS: Io: WROTH: JOHN FERRAR. THO: KEIGHTLEY. HENRY BRIGGS and RICHARD WISEMAN. [27] ¹ Some papers on this committee are given in the List of Records, Nos. 112, 113, pages 133, 134, ante. JULY 13, 1619 245 r This being deliuered by the Auditors, and wth all the Acc° 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- portacons of men, by former orders in the said booke not menconed, 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 m' Threr 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 m² Alderman, together wth m' Essington, m' Abraham Chamberlaine, m' Richard Moorer and m' Berblock, are appointed to ioyne wth the Auditor 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 Ires Pat- tents of Impost and Custome sauing 5 p Cent: It is now agreed, that a Petičon shalbe drawne to the Lorde Comissioners of the Treasury, and haue desired my Lo: of Warwicke, Sr Nath: Riche, m' Aldran Iohnson and m² Brooke to attend their LoPS vpon ffriday next in the Afternoone for the cleering of the same. It was moued by m² Trer, 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 m' Threr or m' Deputy call an extraordinary Court; Which being approued of by the Court, there were nominated Sr Iohn Dauers, m' Deputy, m' Alderman Iohnson, m' Iohn Wroth, m' Tho: Gibbs, m' Geo: Thorpe, m' Cranmer and m' Chambers to meete at m' Trers for dispatch of those businesses. 246 RECORDS OF THE VIRGINIA COMPANY M' 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 weh by the Court is appointed m¹ Cranmer, m' Bull and Thomas Mellinge. ch I 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- minacon 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 Willm and Thomas; for the which it is now ordered, that they shalbe saued harmeles. ch r It was now ordered, vpon the request of S Tho: Wainman, & vpon certificate to the Court from the Lady Lawarr, that shee was content soe farr to satisfy the desire of the said S" 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 & S¹ Iohn Tasbrough, & at their proper costs and charge may be free at his or their disposing to be remoued & planted according to their discrečons vpon such shares as shalbe by Pattent graunted vnto them, for the weh her Lap is content, that there shalbe a ratable deduccon made out of the proporcon of Lande allready graunted and allowed, or hereafter to be graunted & allowed vnto the said Lo Lawarr for his Adventures: And that the Charter pt wch his Loº entred into may not extend to the Losse and preiudice of them. It being noe part of his LoP or Lads meaning they should suffer for that his Lo' stood engaged, and therefore resteth in her Ladishipp to see satisfied; Wch was also now confirmed by ereccon of hands. [29] JULY 21, 1619 247 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 Threr. ST Tho: Smith. Capt S. Argoll. ST Tho: Gates. Sr Edw: Harwood. Sr Iohn Wolstenholme. m' Aldran Iohnson. m' Xō Brooke. m² Morrice Abbott. m' Io: fferrar Dept. m' Tho: Gibbs. mr Dor Gulstone. Capt D: Tucker. Capt N: Butler. m' Ni: Leate. m' Stiles. m' Clitherowe. m' An: Abdy. r m' Robt. Offley. m' Wm Palmer. m³ Caning. r m' Hen: Briggs. 1 mr ¹ Shepherd. m' Edw: Scott. m' Tho: Couell. m' Dan: Darnelly. m' Robt: Smith. m' Geo: Smith. mr fferrar iunio mr Geo: Chambers. m' Balmford. m' Paulson. m' Woodall. m' Meuerell. etc. There was at the sitting downe of the Court by an vnknowne person presented to m' Threr the Letter following; To Sr Edwin Sandis Threr of Virginia. I 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 foundañon 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 ¹A blank space in the manuscript. 248 RECORDS OF THE VIRGINIA COMPANY you good, and blesse you in all your proceeding 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 yo";" This I well see allready, and perceiue that by this your godlie determinacon, 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 yo" wealth," whose greater [30] designes I haue presumed to outrun with this oblačon wch I humbly beseech you may be accepted as the pledge of my Devočon 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 A Communion Cupp wth the Couer and case. A Trencher plate for the Bread. A Carpett of Crimson Veluett. A Linnen Damaske table cloth. Mr Alderman Iohnson reported, that according to the trust reposed by the last Court vnto himselfe and some others they had performed, by being with the Lorde Comissioners about the cleering of the Tobacco now come home agreable to the Pattent, whoe referred it to Sr Lyonell Cranfield and m' 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, m' Clitherowe and m' Wm Caninge to attend them at such time as ffrancis Carter shall give them notice that they sitt. Sir John Wolstenholme moued the Court in the behalfe of Martins Hundred, that in consideračon 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 ST Edwin Sandis Threr, that hauing beene priuately acquaynted wth this močon, and hauing throughly waighed it, he could not giue way vnto for ffower reasons; JULY 21, 1619 249 1. ffirst it was contrary to his Mats Lres Pattents; 2. Secondly it was repugnant to ye Standing orders of the ye Company. 3. Thirdly it failed of the very end it aymed at, for it was not any advancem¹ to the planting of Martins hundred. 4. ffourthly it was preiudiciall & that in a high degree to the Generall Plantacon, & to ye strength, peace & prosperity of ye Collony. [31] 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 Comon 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 Lres 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 Comon 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 Lres Pattente. Thirdly he shewed, it was not beneficiall to them of Martins hundred in point of advantaging their perticuler Plantacon, 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, 250 RECORDS OF THE VIRGINIA COMPANY 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 Plantačon 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 discouragem to new perticule Plantacons 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 transportacon, & onely by fauo' & plurallity of voice in Cort. [32] Nowe as this močon 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 JULY 21, 1619 251 doe? Sir Tho: Gates, and ST Tho: Dale, besides a multitude of other who haue spent a Large porcon 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 o' selues? or shall wee admitt of their demaunde and sett them out Land accordingly? how then shall wee pceed 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 with 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 consideračon of a Graue Comittie to be indifferently chosen out of the Generallity and Counsell. Vpon this St Edward Harwood propounded, that for satisfacĉon 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 S Iohn Wolstenholme Long since Lent the Company at one time 300¹ and at another time-100¹, and after a Long time receaued it in agayne by Litle somes; that therefore in consid- eračon 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- 252 RECORDS OF THE VIRGINIA COMPANY 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 consideračon 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 ereccon 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 Gent 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 ST Tho: Wainman, that a tre of informačon 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 20, 1619 253 Sr Tho: Roe Knt. Sr Io: Dauers. Sr Tho: Gates. mr Mo: Abbott. m' Io: fferrar Dpt. m' Tho: Gibbs. m' Geo: Thorpe. r m' D' Anthony. m' Dr Winstone. OCTOBER THE 20th 1619 PRESENT m' Dr Gulstone. m' Hen: Reignolde. Capt S: Argoll. m' Rich: Rogers. m' Hen: Briggs. r m' Wm Caninge. m' Geo: Swinhowe. m' Nich° fferrar. m¹ 1 ¹ Shepherd. r m' Tho: Keightly. m' Rich: Bull. m² Rich: Wiseman. m' Iames Berblock. mr Wm Palmer. m' Rich: Caswell. mr Roberts. m' Tho: Melling. It was made knowne by m' 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 m' 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; conteming² the meanes of sending large supplies of men and Cattle for Virginia this next Spring. [34] A tre being sent from his Matie directed to m' Trer and Counsell for the sending diuers dissolute persons to Virginia, wch St Edward Zouch kn¹ Marshall will giue informačon 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 Ire till the next Court, when with the Lorde & m' Treasuror it might be agreed how his Mats Comaunde might most speedily and conveniently be effected: In the meane while S' Io: Dauers promised to acquaynt m' Secretarie Caluert and St Edw: Zouch the reason that they gaue not p'sent answere to his Mats gracious Lre. ¹A blank space in the manuscript. 2 For "contemplating." 254 RECORDS OF THE VIRGINIA COMPANY Mr. Willm 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 ST Tho: Smiths he would not doubt of the whole Courts satisfacčon 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 Accon, 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 M¹ Caning farther vrging the reconsideračon 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 močon 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 močon was equitable; neuertheles it was held fitt, it should be referred to be moued againe at the next Court, weh 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] NOVEMBER 3, 1619 255 NOUEMBER THE THIRD 1619: BEING PRESENT The Right Honor The Lo: of Warwick. ST Edwin Sandis Knt Threr. Sr Tho: Roe. Sr Io: Dauers. S' Harry Rainsford. Sr Tho: Wroth. ST Nath: Rich. ST Law: Hide. m² Iohn: fferrar Dpt. mr Dr Gulstone. m' Dr Winstone. Generall Cæsill. mr Geo: Sandis. Capt Argoll. Capt Bargraue. Capt Tucker. m' Tho: Gibbs. m² Rich: Tomlins. 1 Steward. m T m' Geo: Chambers. m' Iohn Delbridge. m' Tho: Keightley. m' Shepherd. m' Edw: Ditchfield. m² Rich: Wiseman. mr 1 Bamford. m' Caswell. mr Cranmer. m' Hen: Briggs. I m' Ia: Berblock. m² Lewson, etc. As in the last Court M' Deputy acquaynted them of m' Threr 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 consideračon a Propo- sicon for the inlarging of the Plantation in the publique. And first touching the Publiq, he shewed how farr the Company had allready proceeded. ffirst in Ianuary last there went ffifty men wth St George Yeardley to be Tenant 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 Comon 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 ¹A blank space in the manuscript. 16455-VOL 1—06——————17 256 RECORDS OF THE VIRGINIA COMPANY direcčon of his Matie. And in the begining of August Last, one hun- dreth more sent-50-to the Colledge Land and 50 to the Comon: 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 Comon 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- erno' Colledge, and Comon Land the full nomber of Three hundred, and so the Gouerno' to haue 100 men wch will not be lesse worth then One thowsand pounde p Anñ as it is esteemed. As for the benefitt of their labors of the Comon 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 attend 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 Trer for the time past and pnte, as also the Deputies of late serue meerely out of their zeale and loue to the Accon, yet those that shall succeede will happily expect a yearely gratificacon, 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 Inhabitñnt 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 dissolučon, and so an ouerthrow of the Plantacon. These woemen if they marry to the publiq, 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 NOVEMBER 3, 1619 257 transportacon, 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 S 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 10— 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 pound; 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 menčon of one vnknowne Gentleman that hath offred to send to him 500" for the converting and educacon of Threescore Infidells Children, whensoeuer he shall require the same & vndertake that worke. And also that vpon his tres 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 Plantačon. And for the Three thowsand pounde, wch was spoken of when he entred to be Trer 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 2000¹i allready, promising that he will not leaue the Company 258 RECORDS OF THE VIRGINIA COMPANY one penny in debt by any Act to be done by him. And for the ratifi- cacon 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 mocons made for yº busines at home, one was concerning Tobacco in Generall, that the planting of it here would be the destrucčon of the Plantation, and therefore that the Company might be humble suito" for an inhibičon thereof; but this was conceaued might be a scandall for Virginia, as that it could not subsist without 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 tre 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 expedičon. And seeing that m' 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 močons and meanes of agreement, and in contempt of their LoPS Letter refused to deliuer it vpon those reason- able condicons sett downe by their Lps, that therefore he thought it very expedient (the Lorde consente being first obtayned) that the Company comence an Accon of damages against him, the losse they haue receaued being estimated by many at-2500¹-wch močon 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 Comon charge, being for the maynteñnce of the Pattent, and the Magazine to appoint Sollicitors, was ratified by NOVEMBER 3, 1619 259 erecčon of hande; The Court hauing now chosen for their Counsell, Sr Lawrence Hide and m' Xofer Brooke; And to sollicite the cause m' Tho: Melling for the Company, m' Iames Berblock for the Maga- zine, and m' Richard Caswell is entreated to assist them. [38] According to the refference in the Last Court his Mats Lre was now taken into most dutifull consideračon, 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 m² Thñer hath vnderstood from them, and in the meane time till they may be sent, we 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 m' Treasuror to giue his May an answere by m' Secretary Caluert. ty Mr Iohn Delbridge močon 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 m' 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 with matter of ffaction: Therefore when the Counsell meetes, that he be warned to attend them to receiue admoničon 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 M Claren- tious be intreated to giue the Auditors sometimes a meeting at S Edwin Sandis, where they will deuise to take a Cote for Virginia and agree vpon the Seale. 260 RECORDS OF THE VIRGINIA COMPANY fforasmuch as noe deuision of the Iointstock is yet made to the Adventurers, according long since to promise, nor any acc° 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 pnte, 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 Acc°, as also to heare aswell the obiecčons 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: Weh močon 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 notwithstanding 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 distracčon 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 Comp satisfied in their right, and all occa- sion of continuing iealousies and displeasures be remoued: Wch močon being made by m' Threr was by Generall ereccon of hande confirmed noe one dissenting. Mr Thřer also moued, that Captaine Bargraue should be desired by the Court, that at leastwise after the examinačon 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. NOVEMBER 15, 1619 261 NOUEMBER THE 15th 1619 A PREPARATIUE COURT HELD FOR VIRGINIA AT MR ffERRARS HOWSE IN ST SYTHES LANE. PRESENT The Lo: of Southampton. The Right Honor The Lo: Cauendish. The Lo: Pagett. m' Treasuror. ST Tho: Roe. Sr Io: Dauers. Sr Tho: Wroth. STH: Rainsford. Sr Nath: Rich. Sr Io: Wolstenholme. Sr Anth: Aucher. ST Ro: Winchfeild. m' Geo: Sandis. m' Io: fferrar Dpt. m' D' Anthony. m' Dr Winstone. Capt: S. Argoll. Capt Bargraue r m² Ruggell. m' Aug: Steward. m' Shepherd. mr Bamford. m' Keightley. m' Briggs. m² Meuerell. mr Lewson. m' Swinhowe. m' Wiseman. m' Couell. m' Cranmer. m² Berblock. r m' Smith. m' Chambers. m' Boothby. mr Bland. m' Melling. m² E: Roberts. etc. Mr Trers proposičon at the last Court being now read and consid- ered of, S Iohn Wolstenholme intimated, that for his part [40] he liked them very well, but whall 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- čons had beene formerly proposed to the Counsell at Southampton howse, where they were generally approued to be beneficiall and 262 RECORDS OF THE VIRGINIA COMPANY advantagious for the Plantacon, 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. Trer to the generall satisfacčon of the whole Court made this answere, that for those nombers to be setled on the Comon, Gouernors and Colledge Land, he would not leaue the Company indebted one penny: As for former debts he had allready paid aboue 2000" towarde discharging of them, and a 1000¹¹ 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 advancem of the Plantacon, 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 Obiecčon vanished. And it was moued by my Lo: of Southampton, that the Court hauing now heard the Proposičons 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 obiecčon, the Proposičons rested wth generall approbačon of the Court. t 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 m' 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 m³ Třer pervsing the same, found, that it was for the Kinges armes, but not for any part thereof, and therefore appointed them to repaire to m' Xofer Brooke of Lincolnes Inne to examine it, and to bring his opinion vnder his hand in writing, & accordingly it should be determined. NOVEMBER 15, 1619 263 Next for the order of the Magazine Acc° 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 S 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 m' Essington to examine the State of the Magazine, & the Account against the Counsell meete. M³ Třer also signified, touching the Standing orders that nothing is done, in wch time discouereth not some imperfecčons, acquaynting that some § stood in § need of some small explanacon, and that there needed to be an addičon 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, weh to that Court was referred. ch Mr Trer desired the allowance of this Court of one thing agreed of by the Auditors and Comittees of the Colledge, wch was that 1400-od mony in all being receaued of the Collecčon monyes by Sr Tho: Smith, of weh vpon seuerall occasions, therewas vented by way of Loane for the vse of the Company Eight hundreth pounde, the Remainder being 500¹ odd money was paid vnto mr. Treasuro'; Therfore that the said 800¹-might be reimbursed out of the Comon Cash in to the Colledge mony, wch was ratified and allowed of by the Court. th Vpon a peticon exhibited by the wife of Abraham Persey, that in lieu of his Long service done the Company, they would gratify him w giuing him some Land in Virginia: wch sundry of the Cort acknowl- edgin[g] his paynfull endeauo, 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. 264 RECORDS OF THE VIRGINIA COMPANY 1 tt Also vpon the peticon of Mathew Cauell Master of the Wm & Thomas, shewing that in consideračon of a Bote & ship Anchor deliuered to Capt Samuell Argoll for the vse and benefitt of the Plantation, Rečd of the said Capt Argoll in Virginia his freedome & 400 wt of Tobacco, wch since his coming home, he could not receiue from the Custome howse wthout putting in caution to pay to m' 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 Plantačon: Wherevpon he was appointed to make knowne his deserts in writing, & accordingly, he should receaue the Companies fauour. [42] NOVEMBER 17, 1619 265 AT A GREAT AND GENERALL QUARTER COURT HOULDEN FOR VIRGINIA ON WEDENSDAY THE 17th OF NOUEMB 1619. WERE PRESENT. Henry Earle of Southampton. Robt Earle of Warwick. The Right honore The Lo: Cauendish. The Lo: Sheffeild. The Lo: Pagett. ST Edw: Sandis Knt Threr. Sr Tho: Roe. Sr Dud: Diggs. ST Tho: Gates. Tho: Gibbs. Geo: Sandis. Arth: Bromfield. m' Chambers. m' Palmer. m' Whitley. m' Morer. Sr ffran: Popham. Iohn Bargraue. Sr Ferdinand: Gorges. Capt. S. Argoll. mr Ditchfield. Sr Io: Dauers. Hen: Reignolde. mr Edwardes. Sr Hen: Rainsford. m' Wiseman. m' Shepherd. ST Tho: Wilford. Sr Ro: Winchfield. ST Tho: Cheeke. ST Nath: Rich. Sr Tho: Wroth. ST Io: Wolstenholme. Dr Math: Sutcliff. Dr Fr: Anthony. Dr Theod: Gulstone. Dr Tho: Winstone. Dr Law: Bohun. Phillip Chidley, Esq. Iohn Wroth. August Steward. Ri: Tomlins. Tho Wells. Edw: Brewster. m' Io: fferrar Dpt. mr Hanford. m' Clitherowe. m' Nich: fferrar. m' Hen: Briggs. m² Caning. mr Bland. mr Cranmer. r m' Berblock. m' Rogers. m' Couell. mr Boothby. г m' Caswell. mr Barnard. m' Roberts. m' Geo: Smith. m² Bull. m' Meuerell. m' Keightley. mr Boulton. m' Mellinge. Before the reading of the Corts there was presented by m' Trer a list of all the Counsello" names of Virginia, being of Earles, Barons, Knights, Gentlemen and Citizens about 100 in all, wth this Caution 266 RECORDS OF THE VIRGINIA COMPANY that if any heard themselues named, and had not taken their Oaths, they were to repair to the Lo: Chauncello' or the Lo: Chamberlaine to be sworne. Afterward the writing conteyning an addičon & explanacon 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, m¹ Treasuror putt the Court in remembrance of his former Proposičons propounded in the Cort iij° 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§ pnte, he related them againe to the Cort in effect as followeth ; t TS Mr. Threr therefore declared, that his care and duety running ioyntlie for the advancem of this noble Plantation, his desire carried him chiefly to the restoring of the Publiq¹ now lately decayed, and the reforming of some errors, wch had directed their charges and the labo of the Collony to a wrong and vnworthy course, and greatly to the disgrace and hurt of the Plantačon: ffor whereas not much aboue Three yeares agoe there were returned from Virginia Twelue severall Comodities sold openly in Court to the great hono' of the Acčon and encouragem¹ 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 discouragem* of many hundrede of people, who were prouiding to remoue themselues to plant in Vir- ginia. The cause of this erro' 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 ¹ This term refers to the Company land or property in Virginia. NOVEMBER 17, 1619 267 - 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 Mat 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 m' 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 knight S Tho: Gates and S Tho: Dale, it was sett forward in a way to greate perfecĉon, whereof the former S Tho: Gates had the hono' to all posterity to be the first named in his Mats Pattent of graunt of Virginia, and was the first who by his wisedome, valo' & industry, accompanied wth exceed - ing paines and patience in the middest of so many difficulties laid a foundačon of that prosperous estate of the Collonie, which afterward in the vertue of those beginings did proceed. The latter, ST Tho: Dale building vpon those foundacons 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 Comon Garden to yield them a standing revennue, placed servants vpon it, as also vpon other Publiq, workes for the Companies vse, Estab- lished an Annuall rent of Corne from the ffarmers, Of tribute Corne from the Barbarians, together with a great stock of Kine, Goates, and other Cattle, being the good of the Companie for the service of the Publiq, wch hath since beene the occasion of drawing so many perticuler Plantačons to seate in Virginia vpon hope [44] and promise of plenty of Corne and Catle to be lent them from the Publiq, for their ease and benefitt vpon their first ariuall. But since their times all these publiq 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 publiq againe, in as great or greater hight then heretofore it had: The maintayning of the 268 RECORDS OF THE VIRGINIA COMPANY 18 publiq 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 Comon 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 Ianuary last there went with Sr Geo. Yeardley 50 Tenante for the Gouerno 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 M' 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 S Geo: Yeardley found in the Country. In the begining of August last in the Bona Noua were sent 100 persons for publiq service, chosen wth great care, and extraordinarily furnished, whereof 50 for the Companies Land, and 50 for the Colledge Land, So that making deducĉon 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 Publiq, 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 pound yearely revenue for these publiq, vses. And because care both hath beene, and shalbe taken that diuers stayed persons and of good condičons haue beene and shalbe sent amongst them, His second Proposicon 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 Hono Citty, would pertake with the Company Die NOVEMBER, 1619 269 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 Proposičon, 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 Proposičon was, for the manno' of transporting these per- sons thus to make vp ffiue hundreth for the Publiq, 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 1000, 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 Proposicon 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 600 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 5000: 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 3000 of former debts and reckonings according to the Stock left in the Lottaries at his coming to this place: This done he hoped the Publiq would agayne be well restored, A foundačon 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 Accon to the blessing of God. These Proposičons after some pause, receauing noe opposičon were putt to the question & receaued the generall approbačon of the Court. 270 RECORDS OF THE VIRGINIA COMPANY my Lord Maior. Next he acquaynted that at the Court of elecčon, 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 Accon might appeare by the menaging of the Companies busines, wch now grew great & waighty; Wherevpon there was nominated m' Doctor Winstone, m' Shepherd, m' Rich: Bull, m' Willm Cranmer, m' Daniell Darnellie, and m' Tho: Mellinge, who from time to time have promised their best assistance, & therevpon receaued their oaths. [46]¹ Mr. Thfer bin with Allso hee acquainted thatt in settinge forward pt of his proposičonns 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- The Companies declaračon to yo Lo: Maior and Courte of Alder- men. To the Ri Honorable Sr William Cockaine knt Lord Maior of the Cittie of London and the Right Worp: yº Aldermen his Brethren and yº Wot: the Common Counsell of yº said Citty. The Thfer Counsell and Company of Virginia assembled in their great and gen- erall Courte the 17th of Nouember 1619 have taken into Consideračon the contin- uall great forwardnes of his honorable Cytty in advancinge the Plantacon of Virginia and pticularly 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 Plantacon doe yield vnto yo" due and deserved thanks. 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 yo" Lo": ¹At 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, NOVEMBER 17, 1619 271 th and the rest in pursuite of yo' former so pyous Acĉons to renew yo¹ 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 w allowance of Three pound a peec for their Transportacon 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 Coudicons wher they shall have houses wth Stocke of Corne & Cattle to begin wth, and afterward the moytie of all encrease & pfitt what soever. And soe wee leave this moñon to yo¹ honorable and graue Consideracon. fied [47] Moreouer that hee had drawne a Publicacon wch if itt were liked, A Publicaĉon rati- 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 weh beinge read and putt to the question was ratyfied by ereccon of hands. ch After this hee signified that accordinge to the desire of the last Courte hee had beene wth m' Secretary Calvert and delivered the Companies answere touchinge the Transporting of men prest by his Maty wch gaue nott full satisfacčon for that the Kings desyre admitted no delaies butt forthwith to have 50: of the 100 shipt away with all speed, Notwithstanding the many inconvenyences weh mr Threr 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. to maynteyne till Whervppon divers waise beinge thought on and considered, the Court The Company to could finde no fitter nor mor sattisfactory answere then this; That be att the charge the Company would be att the charge to maynteyne them till ther be shippinge pro- may be Shippinge provyded, if so be they were commaunded to doe uided 16455—vol 1—06—18 272 RECORDS OF THE VIRGINIA COMPANY A Comittee to itt And therfore have apoynted a Comittee of select Marchantts to Compass Shipping With all speed. imploy their wholl endeavours for the Compassinge of Shippinge wth all speed possible; Namely, m' Deputy Ferrar, m' Keightley, m' Wise - man, m' Cranmore, m' Bull, m' Sheppard, and m' Mellinge and to 800 to remayne that end m' Threr 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 200 more out of ther should be two hundreth pounds more added outt of the Cash in his Custody, wch Thousand pound to be onely for the sattisfyinge of his Mats: desyres from tyme to time. in the Magazine. the Cash to be Added. Comp to ioyne for The Somer Ilands And wheras the Company of the Somer Ilande doth allwaies reporte transportinge of the gracious favour his Mat extendeth to Virginia, that therfore some of them. 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 Mr Threr to drawe vppon their Land; My Lord of Warwick, St Edwin Sandys, m' 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 m' Threr that to this effect hee would in writinge drawe the answere and deliuer itt to m' Secretary Caluert to informe his Mat: [48] the Answere and deliuer it to m Secrt. Caluerte. tostand Desperate. ty r r The Magazine held Concerning the Magazine wch is held to stand in Desperate Tearmes, the goods remayninge in Captivytie; M' Threr fallinge into speech wth a greate noble man of the State of Virginia att length Complayned of Mr. Thrers Com- the greate losse they have susteyned by m' Iacobbs deteyninge a wholl plaint of y loss susteynd by in years harvest, notwithstandinge all the offers that was made, and that other bussines this Tearme being so great this could have noe reso- The comp: to be lucon from the Kings lear[ne]d Councell; Whervpon hee advised him exhibited to y to bringe their Complaynte vnto the Councell Table, and ther they Councell Table should be sure to receive all the right that might be: Iacobb mayntening or dis- Dispute aboute The desperate estate of wch and the neglect of the presentinge the soluinge of ye Mag- 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- azine. NOVEMBER 17, 1619 273 holmes aleagment to itt call to the Plantačon, vnto wch Sr Iohn Wolstenholme aleaged that Sir Io: Wolsten- 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 močon 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 To be argued be- Debatinge itt was ordered that itt should be argued att full before the Counsell and they to relate their opynyons to the Courte, fore y Counsell. Iohn Delbridge Indentures of Land for him and his Associates beinge M' Delbridge In- now delivered engrossed into the Courte after beinge read & fyndinge dentures ordered them Concurre wth the Orders of the Company receaved Confirma- tion wth allowance of the Seale to be thervnto anexed, to be sealed. Captaine Brewster desyred to have the hearinge of his cause deferred The hearinge of till the next Preparative Courte wch is agreed then to be heard. Capt: Brewsters cause deferred Abraham Peirses allowance of 200 Acres of Land in the last Courte Abraham Peirseys beinge now putt to the question was Confirmed vnto him, t 200: Acres of Land Confirmed. some Land to be Hundred Sir John Wolstenholme moved that accordinge to an Acte of Courte S Io: Wolsten- made the 21th die Iulij i619 vppon the močon of St Edward Har- holme moĉon for wood¹ for some Land to be given to the Corporacon of Martins Hun- giuen to ye Corpo- dred for their further encouragm itt was then putt off vnto this great racon of Martins and generall Courte as proper thervnto by reason itt grew late itt was referred vnto the Counsell att their meetinge to Consider of. [49] Allso att the same time hee putt the Courte now in remembrance of His proposiĉon re- his proposičon then to the Company for some Land to be given him in consideračon 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. ferd to ye Audi- tors. Mathew Cauell m' of the William and Thomas paide now vnto M A bill Sealed for Threr 12:10:00 for weh hee receaved a bill sealed for one hundred 100 Acres of Land ch 1 Written over the name "Haywood." to Math: Cauell. 274 RECORDS OF THE VIRGINIA COMPANY Acres of Land, and admitted into the fellowship of the Company, And in consideračon that hee was one of the first finders of the Plan- tation and had therin merited well, Itt was agreed that hee should A single Share to have a single Share for the same, wth a note vnder m¹ Thrers hand to the Custome house that hee is a free brother of the same Company. be giuen him ten to St George A tre to be writ- Whereas the Company hath formerly graunted to Captaine Newporte Yeardley in ye be a bill of Adventure of fower hundred pounds, and his sonne now halfe of Cap' New- desyringe orde' from this Courte for the layinge out some parte of the [the] same, m' Treasuror was entreated and Authorized by this generall Assembly for to write to St George Yeardley and the Counsell of State for the effectinge hereof. porte sonne. Capt Stallenge As allso that such things as belonged to Cap: Stallenge slayne ther by William Epps be reserved for the vse and benefitt of his widdowe. goods to be reserud for his widdowe. AN EXTRAORDINARY COURTE HELDE THE XXijTH OF NOUEMBER 1619: PRESENT. The Ri: Wor³: St Edwin Sandys knt Třer. Sr Nicholas Tufton. S' Henry Rainsforde. m' John Wroth. m' Iohn fferrar, Dept. m' D' Anthony. m' Dr Wynstone. m' George Sandys. mr Thom: Gibbes. m' Nicho: Ferrar. m' Tho: Bull. m' Keightley. m' Cranmore. m' Hen: Brigge. m' Bearblock. m' Meverell. m' Blande. m' Casewell. m² Eli: Roberts. m' Couell. m' Mellinge. A fre deliuered M¹ Treasuror signified that this extraordinary Courte was to acquainte to mr Secretary them that accordinge to the intent of the last great Courte hee had Caluert drawne the tre to his May in the name of the Trer Counsell and Company and had delivered itt to m' Secretary Caluert together with a Coppie NOVEMBER 22, 1619 275 r extraordinary in a man. Dauers. Allowed of. therof. butt itt beinge thought that Ire would not serve his Ma™ hee was [50] to propound his and crave their further advise that if one 100" to be giuen hundreth pounds weh should have beene for mayntenance of those men gross besides the might be given extraordinary in grosse besides the ordinary allowance ordinary allow- of Six pounds the man to any that may be found to transport them with ance of six pound all expedičon, The knight Marshall haveinge promisd S Iohn Dauers The Kn¹ Marshalle that if they may be sent presentlie hee will furnish them wth such promise to Sir Iohn psonns of what quallyty and Condicon they desire. Vnto wch was obiected that if some were found to vndertake this, yett itt might be Obiection 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. Likewise he acquainted that beinge to goe to the Counsell Stables Mr Trere: purpose to Acquaint ye aboute the Companies buisines hee purposed to acquainte the Lords Lorde of the To- of the Tobacco detayned by m² Iacobb, notwithstandinge the graunt bacco deteyned by 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 Agreed to mak a accepted) to leave a 20th parte wth him in spetie, as allso an other xxth pt for ye Kings Custome till they have tryed theire Pattent, And for the assistinge of m' Threr theris now entreated, My Lord of Warwick, Lord Paggett Lord Cauendish, S' Iohn Dauers, Sr Nath: Rich, m' Iohn Wroth and m' Cranmore. I Mr Iacobb further Offer. Intelligence beinge given that the Acc°: of the Magazine beinge made Audito" to exam- ine y Magazine vpp and redy for the Audite, this Courte have now appoynted Accomp¹: Auditor for the same viz: m' Bull, m' Keightley, m' Briggs, and m' Cranmer. mr Threr written A tre was shewed to m² Threr by m'D': Wynstone written by a frend A fre shewed vnto vnto m' Bland intymatinge a greivous scandall layde vppo Virginia by a frend to m by some who hath lived there, of the Barronesse and in fer- Bland; touchinge tilytie of the Soyle, woh by reason the reporte of all those that ye Barroness of ye hath beene there is veryfied to be false, as as allso that itt ch soyle in Virginia ! 276 RECORDS OF THE VIRGINIA COMPANY sell to impose a tendeth to the discourragment of sundry Adventurers who purposed to transport men thither for the settinge vpp of Iron worke; Itt The Ire to be was thought good for the depressinge of such base reports, [(] a former shewed to ye Coun- tre to the like effecte beinge formerly diuulged) that itt be showed penalty vppon ye to the Counsell, to impose such penalty of the person as may be person and to con- held expedient, and to consider of a Publicacon to be sett outt cacon to be set out in printe for the Confutačon therof. [51] sider of a Publi- in Printe. tendinge ye LL": DECEMBER Yº FIRST 1619. PRESENT. Right Honoble: ye Lord of Southampton. St Edwin Sandys Knight Thřerr. ST Thom: Roe. Sr Iohn Dauers. Sr Ferd: Gorge. Sr Ni: Tufton. Sr Io: Wolstenholme. Sr Nath: Rich. ST Tho: Wroth. Sr Law: Hide. Io: Wroth esquire. George Sandys esq'. Tho: Gibbes esq. Nicho: Hide esq¹. Arth: Bromfield esq. Iohn Bargraue esq. Aug: Stewarde. r m Io: Ferrar Dept. m' Kempton. m' Nicholas Ferrar. m' Caninge. mr Blande. m' Bulle. r m' Ed: Ditchfeilde. r mr Wiseman. m' Keightley. mr Cranmer. m² Casewell. m' Couell. m' Barnarde. m' Meuerell. r m' Geor: Smith. m' Leuor. m' Roberte. m' Mellinge. Mr Threre signifi- Before the readinge of the Courte m' Trer signified that two seuerall cacon of twice at times hee had attended the Lords of his Mats: most honorable Pryvie of ye Councell. Councell, about the Magazine goode butt nothinge was done the first time because m' Iacobb was thought §to§ had been warned but was Mr Threr required not, Therfore their LoPs required m' Threr to sett downe his minde by ye Lords to sett in writinge and deliuer itt vnto them vppon this day, against woh time the Kinge Learned Councell would be present, and M' Iacobb should downe his minde in Writinge. ch DECEMBER 1, 1619 277 accordingly per- be required to attend, weh accordingly Mr. Therrer pformed, and pre- formed. sented itt this daie vnto their Lops wch was the first buisines they Mr Iacobb tooke into consideračon, notwithstanding the said m' Iacobb was nott present. present, although the messenge' affirmed that hee warned him, ther- fore by reason of his absence the Lords would not pceed to a finall determinačon, Butt m' Atturny delivered his opinion cleerly for the right of the Company, whervppo itt was adiourned till to Mor- row, vnderstandinge that m' Iacobb wilbe there wthout faile. Adiourned. not sire to fish at Cape posed by Sr Ferdi- Answered by Mr Threr. The last great generall Courte beinge read m¹ Threr affirmed acquainted Mr Delbridge de- them that m¹ Iohn Delbridge purposinge to settle a pticuler Colony in Codd Virginia desyringe of the Company that for the defrayinge some pt of his charges, that hee might be admitted to fish att Cape Codd. Wch request was opposed by Sir Ferdinando George aleaginge thatt hee His request op- allwaies favoured m' Delbridge butt in this hee thought himselfe nando Gorges. somethinge touched that hee should sue to this Company, and not rathe' to him as proplie belonginge to the No': Collony to give libertie for the fishinge in that place, itt lyinge wthin their latitude, which was answered by m' Třer, that the Compa: of the S°: and North Plan- tacons are the one free of the other, And that the Ires Pattente is cleer that each may ffish within the other, the Sea being free for both. [52] Wch if the N°: Colony abridge them of this, they would take away their means and encourragment of sendinge of men, Vnto which S Fer- Georges reply. 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 The Councell of Councell who are of both Companies to examine the Ires Pattents to both Comp": to morrow afternoone att my Lord of Southamptons and accordingly to examine y fres determine the Dispute. Sir Ferdinando Pattente. Mr Deputies sig- nificačon of ye Wth Capt Mr. Deputy informed the Courte that Capt: Tompson haveinge a good Ship burthen 320 Tunn, the Comittees att their meetinge have agreed Comittees agree- wth him if the Courte shall allow thereof to give him 1200¹ to transport ment for them into Virginia Two hundred men; and for 50 Tunn fraight of goods in the said Ship 100¹ more, in all Thirteen hundred pound and to victuall their men after that proporcon as by a not was shewed Tompson. 278 RECORDS OF THE VIRGINIA COMPANY giue Caution for such monneys as beforehand. To be redy at Til- bury hope. 800 in hand & cate Cr. Capt Tompson to him, Capt Tompson promisinge to give Caution to the Company for such monneys as hee shall receive aforehand; And for pformance of hee shall receaue 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 his demaund of Company Eight hundred pounds in hand and fiue hundred pounds 500" vppon certifi- vppon certificate of the men and goods to be landed in Virginia wch hee insistinge vppon m' Threr in the behalfe of the Company made Mr Thrers offer in 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 100" in question wch the Courte promised to pforme. Perticuler Aduen- Whervppon m' Deputy acquainted the Courte for accomodatinge all to Acquaint Mr men, that if any pticuler Adventurer would send ouer men to Virginia Webb wth ye nom- 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 with the Companies men. the behalfe of ye Company. turers. ber they send. euery one of y° And because himselfe and the Comittees will have more then enough Company to help for y furnishing to provide all things necessary and sufficient against that time of them with good & sendinge their people away hee desyred that every one of the Com- able men. and names of ye Court 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] A Table of y Guifte Itt was propounded that in Consideračon of some publique guifte given Doners to hang in by sundry Persons to Virginia, divers Presents of Church plate, and other ornaments-200¹ already given towards buildinge a Church and ffive Hundreth pounds promised by another towards y° educating of Infidles children that for the honour of God and memoriall of such good benefacto™s a Table might hange in the Courte wth their names and guifts incerted and the Mynisters of Virginia and the Somer Ilands 4 DECEMBER 1, 1619 279 ! : may have intelligence thereof, that for their pious work they may comend them to God in their prayers, woh gen9ally was held very fitt and expedient. tinued till Mid- somer next. And forasmuch as by the orders of this Courte the Lotteries are now The Lotteries con- to dissolve that therfore they would consider of some course for the defrayinge of future charge or else continue them halfe a year longer, Whervppo 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 ereccon of hands. I of a Tre Receiued and how much the Compa: is behould- ffurther Mr Threr made knowne that hee had received a verie fauour- Mr Tfer signified able tre from the Lord Arch Bishop of Yorke that if hee will send from ye Lo: Arch- more breefs ther shalbe new Collecĉons, As allso how much the Com- bishop of Yorke pany was beholdinge to the Dyocess of London, my Lo: Bishopp haveinge sentt in a ffull Thousand pounds, As allso yt mr Register ing to yº Dyocess demaundeth 20li wch hee saith the Compa: promised him for his of London. paynes. woh the Courte thinks him very worthy off, and therfore have 1000 sent in by ye agreed that hee shall have the said some of xx¹ paid vnto him out of such monneys as shall com to him or is yett remayninge in his 20 to be pd: to ye · Custodie. li Bishop. Register. 280 RECORDS OF THE VIRGINIA COMPANY DECEMBER-THE XVth PRESENT Ri Hono¹e: the Lord of Southampton. The Lord of Warwicke. The Lo: Pagett. St Edwin Sandys Thře. Sr Tho: Roe. Sr Iohn Dauers. ST Tho: Wroth. Sr Hen: Iones. m' D' Anthony. mr Dr Gulstone. mr Dr Winston. mr Io: Wroth. r m' Christ: Brooke. m' Tho: Gibbes. m' Edw: Harbert. m' Aug: Steward. m' Ri: Tomlyne. Capt Samu: Argoll. Capt Da: Tucker. m' Nicho: Leate. m' Wrote. m' Io Ferrar Dept. mr W™: Caninge. m' Wm: Palmer. m' Henry Briggs. m' Georg Swinhoe. m' Aiscough. m' Keitley. m' Berblock. mr Nicho: Ferrar. m" Sheppard. m' Bull. mr Bamforde. mr Cranmer. m' Woodall. mr Casewell. m' Sparrow. m² Roberte. mr Arundell. mr Wiseman. and passed ouer. m' Ditchfield and others. [54] Bills approued of These seuerall Bills of Aduenture being allowed by the Audito, Att their Audite the xiijth of December 1619 were now passed and receaved the Courts Approbacon. Iohn Cage esquire turned ouer nine bills six of them to m' D' Theo- dore Gulstone, and Three to m' Isack Seaward. Peter Bartes three bills to Dr Theodore Gulstone. II. Writing of Thomas Collett (P) Being page 54 of Volume I of the original MS. 54 178 Kills approved of and pas passes es over. / 2 cost Auroar Bills ich Aduerstuer lounge allowed by He Ands tos die Gere Audite to emyl of December 3619 Couets Japprobaron / non parlare the werd John Tage efqunt. bills. For of you to in 4 Theodore Gulstorn and Three to me Flash Seaward вь Deter Bunter Gear dells to It Theiders Galerom a John Layne gent ane bill to Dr Theodor Gulstone- Augusemi Steward elyje. 3 bike's to 8 Henry Garnes kr. to Katherm Park wildew one will be ward Harbert afgre A petion defiended by 5 SE Lim &andys and the web ordered, i hip Laſt (suct Sandys to get bolechinge or night day to go (ciences Jablo Jacobb. ab not neab নहू was Schivered Eve Teert fented a poctivost to gave 3d leverdings as it was referred spiro xume sin pe name of sol occured and Impang routegned. He recall State of the Surfines, Mr The Allegacons of both benge here, it pleased sore we to give soul moste ponorable Sides Reard./ gewenige ge Mangerous ist beg hides Report nd Ateneg generat 42 That the Company by Hyper Goo to pop oprosion to From Imsohiren. And in Fuſe it was desend 256 Car to said, Mr. Gecebe (Could deliver to ſaid Tobacco unto all ofer Intest Intest Get Tiniget apptegne forente, not rows Spubisuked, to give pagmeter allo moord got for Petition Budgments. Therhet ger mond hat be cutred, nicht Counter Booke togenizer why have to order unge was well Whits of demys as follower fo attent Lehnice Vay gove Jacobs to Leluier the Tobacco con to Even H VATE SE Joy Re Honor the I. and others of his Ma: most Honorable Trauer Counced. ab any The Firemible Letecon of & Three Coun fell and Company for Virginia Lot Wheeas the Plantacon of Virginia by cop Sards declarmer theix of many great difficulties hati) boone and ſtill is & make of cxreffier Freedome of Compoſican sparage to her ptitu reavage to hos ptitutave Noventurers, And ich in ploche God ver&spor fame to as it be brought to phorren (woppreß. Go cope is now yecan he Yon wide & matter, not only oft sternigh tened 154 wille goroto four an and so now, but also of great proffice to his Mad. and Es people And to his Ma) ptiouterly in his Customis, puto with the intgotiamm established with Virginie rost waist arecer und in sport konie agtrat all & raffique betweene Go English and remove Sicher in ſperſ Freat enaltitudes. addison, ab днопо English, who now yourily Cor Colleged DECEMBER 15, 1619 281 Iohn Payne gent one bill to D' Theodor Gulstone. Augustine Steward esq' 3 bills to Sr Henry Iones Knt. Katherne Clarke widdow one bill to Edward Harbert esqr. o give them moste honor- to ye II* touchinge Sir Edwin Sandys and §as§ itt was ordered in the last Courte repayr- A peticon deliu⁹d inge the next day to the Councell Table presented a Peticon to their by Sr Edw: Sandys Lops: accordinge as itt was referred vnto him in the name of the Coun- m' Iacobb. cell and Company in wch was conteyned the wholl State of the buisines, Mr Iacobb beinge there, it pleased their Hs: able audience hearinge the allegacons of both sides. Wher m' Attur- The Allegaĉons of ney generall delivered his cleere opinion to the LLS That the Company by their Pattent were free from Imposicon; And in fine itt was ordered by their LoPS: that the said M' I cobb should deliver the said Mr Iacobb to de- Tobacco vnto them paying all other Duties that might appteyne there- vnto, wch was submitted to their LoPS: Iugments; Therfor he moved that the Petition togeather with their L the Courte Booke wch was well liked of To y Ri: Hono": the LL: and others of Councell The humble Peticon of ye Threr Counsel 1 order might be entred in eing as followeth. his Mats: most Honorable Priuie bf I ad Company for Virginia both sides heard. liuer the Tobacco Humbly shew vnto yo' Los: Wheras the lantacon of Virginia by reason of The Comp: Peti- many great difficulties hath beene and still is a matter of excessive charge to con to ye Lorde de- the pticularr Adventurers, And if itt pl claringe their free- lease God to psper the same so as itt be dome of Imposi- brought to pfeccon (wherof the hope is ow greater then heretofore att any con now time) Itt wilbe a matter not onely of st rength and honour butt allso of great proffitt to his Ma: and his people Anto his Ma pticulerly in his Customs, vnto wch the negotiacon established whrginia will raise a cleere and in short time a great addicon, as growinge by mutuall Traffique betweene the English and English, who now yearly remove thither in very great multitudes: [55] In web and many other important Cor Ma: of his Princely benegnity by hsideracons itt pleased his most excellent Is tres Pattents bearringe date the 23th of May in the Seaventh year of his Ra said Company ffreedome from Custon of England C. To graunt vnto the m and Subsedie in Virginia for one and Twenty years and in England for a certaine nomb" of years now expired, and from all other Taxes and Imposiĉo for ever. $6 'Exceptinge onely the ffiue Jacobs, List of Records, No. 137, page 136, ante. ¹ See letter from the Privy Council to Abraham ns 282 RECORD S RECORDS OF THE VIRGINIA COMPANY "pounds p Centu: due for Custome vppon all such goods and Marchandizes "as shalbe brought of Imported into this Realme of England or any other his "Mats: Dominions accordinge to the Ancient Trade of Marchants." 66 And the like graunt hath beene made by his May: to ye Comp² of yº Somer Ilands by his gracious tres Pattents bearinge dato 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 Comp" of the Somer Ilands are all members of the Virginia Company and for the mutuall strength of both parties are soe to continue. ch All we notwithstandinge the farmors of his Mats: Customs by a generall rate made of Tobacco att x the pound in regard the Spanish Tobacco is worth much more though the Virginia Tobacco give not halfe so much, demaund of yo" Supplyants vjª the pound for their Virginia Tobacco wch they humbly desire may be rated att a iust valewirby itt selfe (wch they shall willingly pay) and not raysed to the double by coolinge itt wth the Spanish wch is sould ordinaryly att 18" the pound and some tnes att more. They Complaine allso to r LLPS: of m" Iacobb ffarmo" of y° Impost of Tobacco who by color of ach latter Graunt from his May demaundeth of them an other vjª the poun opon their Tobacco contrary to his Mats most gracious Graunt, and we also itt is not possible that poore Comodity can beare. ch They humbly therfore offer to or LLP: Consideraton wheras for the support and increase of that Plantacon to draw on the Collony more cheerfully to apply their labour, they have erected here a Society of pticuler Adventure" for Traffique with them of Virginia in a Ioynt Stocke for dyvers years commonly called the Magazine, and have contracted with y° people ther, as for other Comodities so pticularly to give them iij 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 iij" be added this 12ª demaunded by the ffarmor ogether with other charges of flraight C itt will exceed the vttermost vallew w' at t this day the Tobacco can be sould for, and consequentlie must needs dissolve this Traffique established. And they further Complaine to yo' LLP: of m" 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] DECEMBER 15, 1619 283 The Company here quickned wth hope of proffite by traffique and by this mutuall negotiacon 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 vjª a pound were allso paid vnto him. p8 Whervppon they flyinge to yo' LoP": for releife obteyned yor honor: Letter to m" Iacobb to deliver their goods they entringe into bond to pay him whatso- ever should appear to be his due, by yo" IPs iudgmente vppon certificate from his Mats: leirned Councell, and wthin one moneth after itt should be determyned, wch order yor Supplyante did offer him to pforme. But m' Iacobb refusinge to pforme yo' IP: order and exactinge of them another bond, vizd to pay him his demaund att a certaine day vnless they pcure in the meane time a discharge from yo" Itps: 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 Ires Pattents and yo' Lops honor- able tres (an example vnheard of) forceably deteyninge their goods to their damage att least of-2500" partly by the impayringe therof in worth through dryinge and other corrupcon and partly by the Sale of price vppon the Store of English Tobacco wch hath since beene made They further Complaine of m² Iacobb that wheras the Somer Ilande are yett free for two years and an halfe vnexpired of very Custome and Subsedie, m' Iacobb who standinge by his Officers at Plymouth hath caused 12ª the pound to be exacted for their Tobacco, and bond to be entred for the payment therof on the Sixth of this monneth vnless yo¹ los: shalbe pleased in the meane time to discharge y° same. In consideracon of wch premises these Peticoners most humbly beseech your good flops: 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 pticulers before sett downe And forasmuch allso as the preparacons for the transport of those = 1000 = Persons are now all att a stand waightinge vppon the success of this present buisines that yo' IP: of yo¹ accustomed goodness and fauor toward this Plantacon, and to preserve 284 RECORDS OF THE VIRGINIA COMPANY sire to answer such puted to him. 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 yo los: long Continuance in all pros- perity. [57] Capt Argolle de- Captaine Argoll vppon his owne desire to answere to such Crymes as Crimes as are im- are imputed to him in the time of his Gouerment hath been sundry times summoned to meete the Councell att Southampton house where Mr Threre reporte haveinge sett many daies, M' Threr now presented the passage of their seuerall pceeding wth him devydinge his charge into three partes. of their proceed- ings with him. yere & a Marchant. 1: His Offences in matter of State, 2: The Depredacon 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 pticu- larr men. To the Two first m' Threr 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 with 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 buisines to be The second parte of depradačon was deliu9d vnto him in Eight Articles referrd to a Law- by m' Threr earnestly desyringe the Courte (as the Councell thinke Capt Argoll to en- itt Convenyent) that the prosecutinge herof might be taken outt of tertaine a Coun- his hands, and referred accordinge to the Councelle order vnto a Lawyer and a Marchaunt to solicite the Companies cause against The Comp" choise him: And allso Capt Argoll desyred that in respect hee was no great of their Lawyere Scoller that hee might have liberty to entertaine Councell to defend his Cause: Soe the Courte for the Company have now made choyse of m' 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 Třer 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. cello'. and Marchant. DECEMBER 15, 1619 285 ch ond request Wher vppon hee made a second that in regard Sir Thomas Smith was Capt Argolle sec- then Threr, and may say some thinge to some orders wch was given him, that this buisines might be heard att his house, weh m' Threr said hee would not gainesay, whensoeuer the mattere were handled to the knowledge of S Tho: Smith, And the rather for that the firste move- inge against Capt Argoll pceeded from S Thomas Smith, and m' Al- derman Iohnson, wth some other as appeareth both by their letters to Capt Argoll himselfe of the 3d of August i6i8, As allso by their other Ires 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 without lawfull warrant: done dislike of xx¹ to be giuen to his Register. Wheras the last Court agreed to give vnto my Lord of London Reg- My Lo: of Lon- ister for his paines in their Collecčons the some of xx pounde form⁹ly pmised m' Thrrer informed that his lloP: hereing therof was not well pleased therewth and would not assent that any pt 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 Collecčon. [58] 200 new briefs sent to ye Archbishop of Yorke. Tres Pattents. The Councell meetinge accordinge to the referrence in the last Court The Counsells re- and pvsinge the Ires Pattents grew to this Conclusion that by the porte for pvsing yo 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 psue itt vppo the Močon of m² Threr have given lycence vnder their seale vnto the Society of Lycense giuen to Smiths hundred to goe a fishinge wch Seale was this day in open Courte vnder y seale to and by the allowance therof affixed to their saide Lycense, as allso Fish in yº N° Col- to a Duplycate of the same. Smiths Hundred ony Att this Court M' Threr acquainted the Company that the day before Sir Edw: Sandys S Tho: Smiths Acc° had beene brought in to the Audito" and for the močon for a Pub- spedyer Auditinge and concludinge of them itt was moved by him in out in printe licacon to be sett 286 RECORDS OF THE VIRGINIA COMPANY 1 1 the name of the Auditors who by one ¹ assent had approved therof that a ¹ Publicacon 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 proporconable thervnto, before the best were possessed by new Adventuros or Planters weh might be allso a means of a speedy ap- encrease and ¹ of the Plantačon And in the second pt to con- proued of and ye fute such scandalous reports as have beene divulged of Virginia by the ferd to m' Threr Iustificañon of the Inhabitant there, wch močon was generally ap- proved by the Courte referringe the drawinge of the said Publicačon to m' Threr & Dr: Winstone.2 The mocon drawing of itt re- & Dr Winstone. 1 Mr Keightleys re- Mr Thomas Keightley beinge formerly amongst others chosen an Au- porte touchinge ye dito' for the Magazine Accompts, now reported that although ye Court Magazine Acco tooke some distaste att m' 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 1000¹i to the Chamber of London besides-5200 and odd pounds worth of goods remayninge in the for 3: things to be Magazine as itt cost the first penny here: Whervppon itt was mooved by m¹ Threrr that three poynte might be considered: 1: The sale of the Tobacco 2: Concerninge those difficulties that are founde in the Accompts menconed by m' Keightley: 3: wheither to pceed with the Magazine or dissolve itt. ffor the first m' Bearblock, m' Caninge, and m' Smith are intreated to goe to ST 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 Threr moued 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 ¹ A blank space in the manuscript. 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. DECEMBER 15, 1619 287 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 m' Caswell and m¹ Smith for the Aduenturers, and m¹ Iohn Ferrar and m² 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 Adventuro™ meet- ing for Sale of the Tobacco. ty bursed out of Cash ffor the fiftie men weh are now to be sent vppo Comaund from his 100" to be dis- Mat: Itt was agreed vppo the močon of m' Threr for the apparrellinge for furnishing of ye and furnishinge them wth other necessary expences, one Hundred 50: men. pounds shall be allowed to be disbursed out of ye Cash and afterward to be reembursd wth the rest by their Maisters. to be att y Court Mr Threr signifyinge y' the Lord Maior desyringe some of the Com- pany to be present att their Court att Giuldhall they should vnder- Some of yº Compa: stand the Citties pleasure touching the močon for the Children, at Giulde hall. therfore mooved yt some might be appoynted to attend them to know their resolučons: Whervppon the Courte ernestly entreated himselfe to take the paines Associatinge vnto him S Iohn Dauers, S Tho: Wroth, m' Iohn Wroth, m' D' Winstone, m' Abbott, m* Gibbs, m' Bearblock, m' Caninge and m' Palmer tomorrow morninge att 10: of the Clocke att Giuldhall wch notwithstandinge the multiplycitie of many other buisinesses for the Company hee hath pmised to pforme. of Exchange to be Itt is agreed that m' Batemans bill of Exchange shalbe paide by the Mr. Batemans bill Adventurers of the Magazine who are content to disburse the money paide by ye Ad- till itt may be vnderstood who of right shall pay itt. uenturers of ye Magazine. leys peticon ap- proued of M³ Ralph Yeardleys Peticon in behalfe of his Brother S Georg Yeard- Mr Ralph Yeard- ley was read and approved by the Courte, butt by reason itt itt was referred to the next Court to be pformed. grew late Elizabeth Barkeleys Petičon referred to the same time. 16455-VOL 1—06————19 Eliza: Berkeleys Peticon referd. 288 RECORDS OF THE VIRGINIA COMPANY Frauncis Barra- Kath: Bath. xvili to be paide Notice beinge given to Mr. Threr that Katherine Bath hath chosenn dine for ye Vse of 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 weh 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] Extr: Courte. In Damirō or- Sr Iohn: Dauers. Sr Nath: Rich. S' Henry Iones. Sr Io: Wolstenholme. m' Iohn Wroth. mr Tho: Gibbes. m' Edw: Harbert. m' Kempton. DECEMBER, Ye 23: 1619 PRESENT. Ri Hono: Lord Cauendish. Generall Cæcill. m' Iohn Ferrar Dept. m' Dr Winstone. m' Ferrar Iunior. m' Nicholas Leate. m' Henry Briggs. m' Tho Keatley. mr Cranmere. r m' Bamforde. m² W™: Cañinge. r m' Bull. m² Caswell. mr Bearblock. m' Mellinge. mr Geo. Smith. mr Roberte. m* Sparrow. A Comission for A Comission to Iohn Damyron m' of ye Duety beinge now red & dered to be sealled. allowed for takinge the first optunytie 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. to be at Bridewell Some of y° Comp: Mr Deputy informinge the Court that the knight Marshall havinge touchinge y 50: been with m' Threr gave him to vnderstand that vppon Munday morn- men yt must be inge, ffiftie of the Persons to be transported for his Mat: should be att transported Bridewell for the Company to make choyce of such as they thinke for ty DECEMBER 23, 1619 289 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 M' D' Wynstone, m³ Can- inge, m' Cranmore, and m' Thomas Mellinge to be there att that time. betweene y' Com- The Charter party beinge drawne and now psented between St Edw: The Charter party Sandys kn¹ Threr and St Anthony Aucher, and Cap Thompson express- p*: and Cap Tomp- inge yº Coueñnte betweene the Comp: and the said Cap Tompson son presented. for fraight of the good Ship called the Ionathan, and Transportacon of 1 Passengers; M Deputy desyred that M' Threr beinge to Mr Thir. to be seale yt for the vse of the Company, there might be an order of this saued harmeless. Court to save him harmeless. Wch the Courte so willingly assented vnto yt they confirmed his securitie (beinge putt to ye question) by erecõon of hands. : ffifteen thousand waight of choyce Tobacco beinge sepated from the 1500: wt of choyce Tobacco seperated worst, one third pt of itt was agreed to be putt to Sale by the Candle from ye worst 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 Mr Mellinge had it itt: Mr Tho: Mellinge biddinge iijs want a penny att the goinge out of the flame had itt adiudged. adiudged. to m' Thfr for A warrnt accordinge to order in the last Courte was now allowed A warrnt sealled and signed by the Auditors to m' Threr for the paym of Sixteen paym of xvj to pounds to ffrauncis Barradine Katherine Bath haveinge made choyce Fra: Barradine of him to be her Guardian. for Ka: Bath Mr Thrr for pay- Ann other warrnt was allowed and signed to m' Threr for paym' of A warr: sealed to 400 to Cap': Tompson, in pt of the Compa: agreem' for the fraight m of 400 to Cap of the Ship and Transportacon of Passenger accordinge to order of Tompson. Courte made primo die xbris 1619. r Elias Roberte haveinge paid in 12:10:00 to m' Threr a bill of Adven- A bill of Aduen- ture was now allowed & sealed vnto him for a single Share of 100 ture sealed to m² Acres of Land in Virginia. [61] Roberte. ¹ A blank space in the manuscript. 290 RECORDS OF THE VIRGINIA COMPANY JANUARY Ye VIIJth 1619 PRESENT. St Edwin Sandys Knt Threr. Sr Iohn Dauers. ST Frauncis Lee. Sr Io: Wolstenholme. ST Nath: Rich. m' Robert Ofley. r m' Io: Ferrar Dept. r m' Dr Gulstone. m' Thomas Gibbes. r m² Nicholas Ferrar. m' Wm Cañinge. m' Hen: Briggs. m' Ri: Wiseman. m' Tho: Keightley. mr Cranmer. m² Edw. Ditchfield. m' Whetley. mr Casewell. m' Bull. m' Darnelly. r m' Bearblock. m' Georg Smith. m' Roberte. m' Mellinge. The callinge of this M' Threr signified that the cause of this extraordinary Courte was to Court to consider vnderstand their resolučons, about a matter recomended to them frõ whether ye Compª: wolde farme ye im- his Mat: by reason of the Maister ||of the|| Wardes, whether the Com- post of Tobacco pany would ffarme the impost of Tobacco or any pt therof att Eight Thousand pounds p Annũ and pay 12ª a pound for Custome of their Tobacco, itt haveinge been thought convenyent to raise the The Custome Custome vppo Tobacco to that Rate for that some Spanish Tobacco thought fitt to be hath beene sould att Twenty Shillings p pound of wch 12ª: vjª: was to be paid to the ffarmers of the Imposte and vjd to the ffarmers of the Custome. raised. 5:pC. graunted by The resolucon for After some disputačon itt was answered that the Kinge hadd graunted paym' only of ye: them their Pattent vnder the brode Seale vppon good grounds, to paie yo King in his fres onely five p Cent: 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 Plantacon, 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. Pattente con- firmed JANUARY 8, 1620 291 rise to a higher And therfore forasmuch as their Virginia §Tobacco§ was never yett if y Virg: Tobacco sould in any sale that tooke effect att aboue five shillings the pound prise they are con- but many times vnder they could not give way to pay more for Cus- tent to encreas tome then three pence vppon the pound wch is full five in the hundred the Custome to the yett so that if hereafter itt should rise to a higher price they would willingly encrease their Custome to the highest of that rate. highest rate. English Tobacco Yett in regard they vnderstand by m' Thrrer that his May: out of The Planting of love and affecčon to this Company have given order for ye inhib- inhibited by his iting the plantinge of English Tobacco for these five years to beging Mat for those 5 at Michaellmas next insueinge weh resteth to be proclaymed till the years. Company have deliuered their Answere wch is expected att ye Counsell Table this afternoone, in Consideračon therof itt is now assented [62] to and ordered by the Courte that duringe the said ffive years if ye Proclamačon continue so longe and take effect in gratificacon of || to || Nine pence vppon his Maty for his most gracious fauour to add nine pence more vppon ed to sattisfie his a pound so to make itt vpp xijd beinge in full of his Mats demaund Ma" demaund. though not in the same forme. a pound to be Add- of the farme held And beinge demaunded by m' Threr whether they would vndertake The Vndertakinge the farme or participate therof the Court held itt inconvenyent to inconvenyent. 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 pticularr psonns of the Com- pany, and in name of the Company though for their owne pticularr vse should ioyne for some pt therof wch was assented to; And mr Some pticular per- sons of yeComp": to Thomas Keightley wth some other yeilded to accept therof for a third ioyne for some pt pt woh was Confirmed and so ordered by the Courte. r therof And because this their determinačon mvst forthwith be presented to MThrer and some others to draw ye the Lords, The Court have desyred mr. Thñer to take the paines and Compa determina- have entreated to accompany him, m' Tho: Gibbe m' Wheatley, con & present it to m* Cranmer, m² Keightley m' Ditchfielde, m' Wiseman, m' Bearblock, ye Lord m' Caswell, and no Mellinge. 292 RECORDS OF THE VIRGINIA COMPANY IANUARY Ye: 12th: 1619 PRESENT. minacon of that ed vnto the. Comissioners Re- St Edwin Sandys Kn¹ Threr. ST Tho: Wroth. Sr Io: Wolstenholme. Sr Nath: Riche. S' Henry Iones. m' Robt. Offley. m' Iohn: Ferrar Dept. m' Thomas Gibbes. m' Richard Tomlyne. m' Tho: Keightley. m² Harbert. m' Nicho: Ferrar. m' Bearblock. m' Caswell. m' Meuerell. m' Swinhow. mr Bamforde. m' Caninge. m' Briggs. m' Woodall. m' Couell. m' George Smith. m' Arrundle. m' Eli: Roberte. m' Tho: Mellinge. Mr Thiers report This Courte was given intelligence by m' Threr that hee had acquainted touching ye deter- the Lords Comissioners for the Treasury as hee and some others ||were|| his Ma's Comend- requested touchinge the determinačon 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 xija a pound, vizd 3ª Custome accord- inge to ther Pattent and nine pence more for five years in Consideračon of the displantinge of English Tobacco. Yett the Lords tooke itt [63] The Acte to be en- acceptably that in substance they had agreed and for matter of forme tred in y LL: itt should be accomodated by beinge passed ouer on both sides: 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 LL: Comissione" Records itt wilbe very difficult att the expiračon of five A Comittee to re- yeares to wthdraw itt butt that continuinge so longe itt wilbe expected ye Counsell to take forever as a duty due from the Company to his Ma™: ffor prevent- care y¹ y bargaine inge of wch so neere as may be the Courte hath now appoynted a be entred & to pro- Comittee to repare to the Clark of the Counsell, and to take care that of to be entred this bargaine be Recorded, and to pcure a Coppy therof to be entred amongst y° Comp*: amongst the rest of the Companies orders: And because the said Clarke of the Councell may better vnderstand the Companies true cords. pare to y* Clerk of cure a Coppie ther- orders. JANUARY 12, 1620 293 draw a Coppy of ye last Courte meaninge they have required their Secretary to Coppy outt their last The Secretary to Courte that the said Comittee may deliver itt vnto him. The Comit- tees are S Iohn Dauers, S' Nathaniell Rich, Mr Thomas Keightley, and Mr Berblock, who have promised to goe aboute itt vppon ffryday Morninge next att eight of ye Clocke. And wheras some desyred that in handlinge of this buisines they The cleeringe of would have cleered the garblinge of their Tobacco, wch is expected Tobacco held im- their garblinge of shortly to be imposed vppon them by the Pattentees thereof: Itt was ptinent to this answered that itt was not a thinge ptinent to this buisines, as allso that buisines. in the last Court itt was spoken of butt not concluded as thinkinge itt vnseasonable to goe aboute preventinge of that weh as yett was not demaunded, and in right could not be imposed on the Company whose goods are free from all imposicons and Taxes. Deputie their re- sent to Virginia M* Threr and m' Deputy beinge yeasterday with the Lo: Maior, M Threr & M Reported that hee informed them, the Cittie had agreed to provide port touchinge y one hundreth Children for Virginia, and to allow the Company five 100 Children to be pound apeec three pounds towards their passage and ffortie shillings for Aparrell, desyringe mr Threr to deliver in writinge the Condicons the Company will pforme wch hee hath promised to doe to morrow: And further did demaund what land they should have in lew of their Transportacon, who answered that they were not to have any, butt after the expiračon of their Apprentishipp, they were to be Teñnte to the Common Land, butt in regard the Cittie beareth the halfe charge of their transportacon hee thought the Court would allow them 25 Acres apeec of every each one of them, wch for the sentt his LorP: seemed to be sattisfied therewith. [64] ch solued. Concerninge the Magazine touchinge the poynt wheither itt should The Magazine dis- continue or nott, after some reasons given for the maynteyninge of itt no longer, Itt was generally agreed by the Adventuror that itt should be dissolved, weh by ereccon 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 padven- ture by pryvate men may be sent, and so much to give yª Plantačons 294 RECORDS OF THE VIRGINIA COMPANY holme freed from torr. informačon 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 pt debarred from them. S Io: Wolsten- And for asmuch as S Iohn Wolstenholme by reason of his waightie y place of Direc- 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. sould m' Leate to ye whole. for ye Tobacco: vn- And for the Tobacco remayninge yett to be sould itt was agreed as haue one third of pt of the Adventurers held itt requisite that M Leat for the better Sale of the other should have one third of the whole, vppon such Condicons 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 to Mr Leate as the Sale of the rest, vnto M¹ Wiseman and M' Cranmer, for the Com- pany and for the Adventurers, M' George Smith, M' Rich: Paulson, M' Caswell, and M' Mellinge, weh beinge putt to the question was by hands Confirmed. call Publicañon Bookes. ch M' Thfer signified Mr Treasurer declared that for the expeditinge of St Thomas Smiths yt y Alpharbeti- Accompts the Auditors resolved and accordinge as they hadd prom- cannot be pformd ised my Lord of Southampton to sett forth an Alphabeticall publi- because mr Mark- cañon of all the Adventurors weh hee reported now they could not ham deteyneth the Alphabet pforme by reason mr. Markham deteyneth the Alphabett Bookes [65] notwithstandinge hee hath often beene required to bringe them Mr Markham de- either to the said Auditors or to the Courte and so had promised, who faccon for his beinge now present himselfe answered that the keepinge of them paines befor he 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 sattisfacčon for his extraordinary paines, hee would forthwith deliver them: Butt beinge pemptorily warned by maundeth sattis- deliu9 ye Alphabet Bookes. JANUARY 12, 1620 295 m² Thîrer hee tould him that his Allegaĉons were false and frivelous, hee promised the next day to bringe in the Companies and for sattis- faceon 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 St 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. li bill of Aduenture Mr Mellinge desyred the allowance of a bill of Adventure dewe vnto Mr Hum: Tomkins m' Humphrey Tompkins of xij¹-x³: 00: wch hee adventured in the allowed of five shillinge Lottery: wch the Court now allowed. due vnto her by Wheras M™ Anthony demaundeth some Prizes dew vnto her by the Mrs. Antho: de- ffiue shillings Lottery the Courte have desyred m' Iohn Wroth and maund for prizes m' Cranmer to ripen the buisines of the Lotteries and then present yº 5* Lotte: itt to the Auditors who will take order for the payment of such pryzes as are due. owners of ye Lo: Mr Deputy acquainted this Courte that the Comittees hadd agreed for The Comittees the transportinge of 200 Personns more wth the owners of a Ship agreem¹: with yo called the London Marchant about 300 Tunns vppon ye same condičons Marchant for as they did formerly with Captaine Tompson, namely to pay 700¹ before transporting 200 the Ship departed and 600" vppon Certificate of the Ships aryvall in persons approued Virginia; The Ship to be redy in Tilbury Hope the xxth day of ffeb- ruary next to take in the Passengers: M' Threr and himselfe beinge demaunded by the said Owners to seale the Charter pty. of The Court approved of the bargaine and requested them to seale the M Thfer and m² Charter party, and ordeyned that the Compª: should saue them Depu: to seale y harmelesse. [66] Charter party 296 RECORDS OF THE VIRGINIA COMPANY of ye Treasury. IANUARY THE 26th: 1619. Sr Iohn Dauers. Sr Nath: Riche. St Thomas Wroth. mr Io: Wroth. m' Ferrar Deputy. m' Rich: Tomlyne. mr Tho: Gibbes. m' Dr Winstone. m' Dr Bohune. PRESENT. m' Edw: Harbert. mr Nicho: Ferrar. m' Sheppard. m' Henry Briggs. m' Bamforde. г m' Kempton. m² Oxenbridge mr Swifte. m' Canninge. m² Cranmer. m' Caswell. mr Palmer. m' Swinhow. m' Berblock. m' Geo: Smith. mr Chambers. m' Couell. m' Eli: Roberte. m' Sparrowe. r m² Meuerell. m' Arrundell. m' Mellinge. ty r Mr Threr Pinted a The Comittee appoynted by the last Courte to repaire to yº Clerk of Coppy of ye Offer as itt is entred in the Counsell for to see wheither their offer to his Ma": were rightly the book of ye Acts entred and accordinge as m' Thrrer and the Comittee wth him had of ye LL: Comissi: signyfied and reported, Presented now a Coppie pcured by m¹ Thrers The entringe of itt help of the Record as itt stands entred in the Booke of Acts of the into y Comp: LL Comissners of the Threry; 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, weh they said by this manner of acceptance on the Lords pts was not done. Court book de- ferred. allowed of. 3 seu9all paire of Mr Deputy informed the Courte that three seuerall paire of Indentures Inden: for Land 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 Transportacon of 500 Personns; And the Written over Accomp". JANUARY 26, 1620 297 Third to Lawrence Bohune D' of Phisicke and James Swifte esqr: for the Transportacon of 300 Personns, wch the Courte graunted and allowed to them, to be pformed accordinge to the orders of the Com- pany and agreeable to former Presidente of the like nature. Mr Deputy allso signified that wheras accordinge to a former order made xv die Nouembris i6i9 ther is mencon of some explynačon to be made to some few of the standinge orders and an addičon of two or three more to be anexed vnto them. [67] for explynacon to Mr Threr required yt the Comittee appoynted for them, might for that The Comittee for- purpose meet too morrow att Two of the Clock att his howse for the merly apoynted better preparinge of them for the Quarter Courte wch was now accord - ye Lawes desired to ingly ordered appoyntinge the Officer to Summon them therevnto. meete. agrem' for 2 Ships lowed of. Next hee acquainted the Courte that the Comittees have agreed for The Comittees Two Ships (if itt stand with the likinge of this Courte) for yⓇ transpor- to transporte Cat- tačon of Cattle to Virginia for the Company, and those others wch tle to Virginia: al- will ioyne wth the Company in the Charges: As allso that m¹ Treas- urer and himselfe will Seale the Charter ptys 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. r Tobaccocomended The Comittees beinge demaunded what they had done touchinge the The Comittees rc- Tobacco comended vnto their care, Reported that according to the port touching y order in the laste Courte they had taken out one third for m' Leate vnto their Care. butt had not devyded the rest in :5: pts because they could not heere of any thatt would buy itt vpon wch some excepcons was taken about that alredy ordered concerninge M' 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 m' William Palmer offered to take outt his att iijs vjd the Mr W Palmers pound and beinge conceived that others would ioyne in the like, itt his att 3 64 a ". was againe referred to ye former Comittee to study how to make the best advantage of itt they can; addinge vnto them m' Keightley, and m² Palmer and to plsent theire opynions to the next Courte. proffer to take out 1 298 RECORDS OF THE VIRGINIA COMPANY notice giuen by Mr M' Cañinge acquainted the Company that ther were dive" sufficient W: Caning of suf- ficient men yt will men that would contract with them at reasonable pryces for all the contract W th ye Tobacco that shalbe returned from Virginia for a Certaine time wch Comp": for all ye hee conceived would be highly to the advancement of the Plantacon shalbe returned Whervppo the Courte desyred him to bring the proposičons well dis- gested and the names of the vndertakers vnto the next Court that there itt might be consydered of. [68] Tobacco that from Virginia A PREPARATIUE COURTE HELD FOR VIRGINIA AT SR EDWIN SANDIS HOUSE YE LAST OF IANUARY mr Treasuror. Sr Iohn Dauers. Sr Tho: Wroth. Sr Henry Rainsford. m' Io: Wroth. m' D' Anthony. m' Dr Gulstone. m' Dr Winstone. m' Ri: Tomlyne. PRESENT Ri: hon°: Lord Pagett. r m' James Swifte. m' Tho: Gibbes. m' Iohn Ferrar Dept. Captain Bargraue. mr Robert Smith. m' Brumfeilde. m' Caninge. m' Henr: Briggs. m' Nicho Ferrar. m² Cranmore. 1619 mr Rich: Casewell. m' Paulson. m' Spruson. m' Meuerell. mr Berblock. m² Leauor. m' George Smith. mr Pe: Arundell. m' Eli: Roberte. r m' Tho: Mellinge. m' Steph: Sparrow. The Comittee hau- M' Treasuror signified that the Comittee appoynted for pursuinge of ing pused ye stand- the standinge orders have looked therinto correctinge some few & presented and explayning others weh hee plsented now and red and explayned them inge orders were read. to the Courte most of them beinge confirmed in the last § great § gen- erall Courte, and now againe Comendinge them to their consideračon, wherby they may receave vppon Wednesday next a fynall ratefy- cañon. JANUARY 26, 1620 299 And for asmuch as accordinge to a Law in the standinge orde" 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 menconed in the last Courte, and one paire since allowed to S Iohn Peirce and his Associates to be red allowed and sealled att that time. r Caninge at ye Last con- Touchinge the močon of M' Caninge deferred from the last vnto this The moñon of m Courte itt is now so well conceived of the good that may accrew therby Court well by such a Composicon (if itt be truely ment) that vppon intelligence ceiued of of the said Mr Caninge that they desire to converse wth some pticular men of the Company aboute itt, The Court have now made choyse of poynted to know a Comittee to know their resolučons, that is to say S Nath: Rich, MA Comittee ap- Deputy Mr Dr Winstone, Capt Bargraue, M' Keightley, M' Wrote, and their resolucons m² Cranmer, and have agreed to meet to morrow afternoone att :2: of the Clocke in this place M' Caninge haveinge vndertaken y ffower of those wch ppoundeth this buisiness shalbe heere att that time. [69] ty t amount to 250¹: to Wheras his Ma™: hath graunted to the Lady Lawarr a yearly Penčon The first parcell of to be paide vnto her by the ffarmors of the Custome; The Company Tobacco sould if it vppon her Ladyships request are content, (consideringe the Custome be på ye La: La- for ye Aduenturos Tobacco is not yett sattisfied) that the first pcell wch warr. is sould if itt amount to 250: 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. uenturers consid- And takinge into Consideračon the losse the Adventurers have sus- The loss of yº Ad- teyned by the Tobacco remayninge vppon their hands, and the daunger ered by haueing they stand in of a great deall more, if the Ships should com from their Tobacco ly Virginia and y° Somer Ilands as they dayly are expected, therfore vppontheirhande. itt was propounded to the Adventurors to take out their Capitolle at A pposicon for iiij a pound and soe each make the best of itt hee cann, butt some out their Capitolle. euery one to take 300 RECORDS OF THE VIRGINIA COMPANY ch thinkinge itt was too much and that rather iij³ vjd was ennough: itt was agreed to be putt to ye question weh 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 vppo butt was referred to be de- bated further att the Quarter Courte when more of the Adventurers shalbe present. The orders from Touchinge the orders from the LL: Comissioners they were referred to the Consideračon of this Quarter Courte. ye LLos Comis- sioners referred. Citties demaunde M' Threr and m' 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. The Coppy of ye butt since some pticular psonns lesser respectinge (as should seeme) touchinge ye 100: the Companies good have occasioned such straunge demaunds as is Children to be sent not fittinge for them to aske, nor can no wayes by the orders of this to Virginia recti- Company be graunted, and therfore have determyned to rectifie the fied. 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 S Thomas Wroth, S Henry Rainsforde M' Iohn Wroth, and M' Deputy." to Iohn Archer. 2 Shares allowed 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 li xij¹-x" adventured, and the other for the Adventure of his psonn. Stephen Sparrow: M' Stephen Sparrow assigned to Iohn Hope Marriner one share of xij¹—x³.00 allowed by the Auditors and confirmed by this Courte. 1: Share to Iohn Hope. 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. FEBRUARY 2, 1620 301 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. S Edwin Sandys Knight Threr. Sr Tho: Roe. ST Dudley Digge. ST Tho: Gates. Sr Iohn Dauers. S' Henry Rainsforde. Sr Nath: Rich. Sr Io: Wolstenholme. Sr Henry Iones. Sr Tho: Wrorth. Dr Anthony. Dr Gulstone. Dr Winstone. D' Bohune. m' Iohn Wroth. m' Ferrar Dept. m' Tho Gibbe. m' Samu: Wrote. Capt Bargraue. m² Rogers. Γ m' Bromfeilde. m' Keightley. m' Ia Swifte. mr Bamforde. I m' Wheatley. mr Berblock. m' Briggs. mr Cranmer. m' Edwards. m² Bull. m' Couell. mr Woodall. m' Darnelly. m' Casewell. m' Swinhow. mr Moorer. mr Roberte. m' Sparrow. m' Mellinge.[71] Accordinge to a standinge Order the Lawes of the Company being The Lawes red. 120: in nomber and devided into eighteene Chapters or Tytles were 4 speciall things re- now red vnto this greate Assembly, wch ended mr Threr related that m' Threr signified: the Kinge out of his greate care and wisedome had graunted to the serued to y*4: Qua: Company by his most gracious Lres Pattents, ffower great and generall Courte by Mate: Lres Pattente. 302 RECORDS OF THE VIRGINIA COMPANY 1 Lawes. Courts in the yeare comonly called Quarter Courtes to be held in the 4 Tearms, vnto wch was reserved 4: speciall things. 1: The makinge of Lawes and Orders. 2: Choyse of Officers 3 Graunts of Land. 4: Matter of Trade. ffor the first hee pceeded as formerly hee had done, that nothing was Addicons to ye SO pfect wherin time discouereth not some impfeccons, so in yº Lawes some thinge beinge found defective comended to their Consideračon some small Addičon and Correcčon 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 pformed 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 amendm* or Addičon 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 Correccons The Confirmacon & Addicons beinge approved off Mr Thrrer propounded y° confirmacon ed in 2 questions of them in two questions; the one whether they would allow of yº addičon 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 erecõon of hands was ratefyed. of them propound- 2: Choosing Officers. 5: of y Councell be pŕnt: To the second poynt of Choosinge Officers he acquainted y' accordinge to the said Lres Pattents itt was no Courte vnless five of yº Counsell No Courte Vnless 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 Močon from 2 nominated to be the Councell, hee nominated 2: vnto ye Courte Mr Robert Heath Recorder of this Citty who hath been and is a great Adventurer and of the Counsell. FEBRUARY 2, 1620 303 favourer of the Accon: And Thomas Gibbs Esquire a gentleman of good sufficiencie, and great zeale [72] to the Accon, who for dive" years hath given diligent Attendance at all Courts and is imployed a Comittee allmoste in all buisinesses, woh Two being putt to the ques- tion were admitted to be Councellors of Virginia by free Consent. tures allowed of The Third of Graunte of Land hee acquainted them of fower seu9all 3 Grante of Land: paire of Indentures lyinge all ingrossed before them graunted one to Mr Robert Heath Recorder of London and his Associates, the s'cond 4 Paire of Inden- to Doctor Bohune, Iames Swifte and their Associates for Transport- inge of 300 Personns: The Third to William Tracy esquire and his Associates for Transportacon 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 pvsed and allowed by the Auditors were all of them allowed and Sealed in veiwe of the Courte wth a Totall Approbačon ers of Perticuler Itt was ordered allso by generall Consent that such Captaines or Captaines or Lead- leads of Perticulerr Plantacons that shall goe there to inhabite by plantacons to vertue of their Graunts and Plant themselvs their Teñnte and Serv- make orders C. 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 Constitucons for the better orderinge and dyrectinge of their Servants and buisines Prouided they be not Repugñnt to the Lawes of England. Touchinge the fowerth poynt matter of Trade, M' Treasuror acquainted Matter of Trade. the Courte, that the Magazine had now voluntarylie dissolved her The Magazine be- § itt § selfe, wth provision graunted for their goods remayning in ing dissolued Mat- Virginia so that now matter of Trade was free and open for all men for all men. wth that provision. 4 ter of Trade is free sutors to ye Lords Itt was now allso agreed touchinge the Order of ye Lords Comis- The Comp" to be sioners that the Company should be humble suto" vnto their LLPS: for some amend- for some small amendment in the forme therof, M' Threr signifyinge ment in yº Order. that the Counsell of Virginia sittinge wthin before the Courte there beinge present all the Noble Lords before sett downe resolved that 16455-vol 1—06—20 304 RECORDS OF THE VIRGINIA COMPANY fringed. nothinge in yo they could not yeild to any thinge that might infringe theire [73] Pattent to be in- Pattent wch resolučon was wth generall demonstracon of ioy embraced by the Courte, and therfore desyred to choose a Comittee for that purpose to wch end was nominated the Right Hono: the Earle of A Comittee to sett Warwicke, The Lord Cauendish, The Lord Pagett, Mr Treasurer, downe ye Comp": Sr Dudley Diggs, S' Iohn Dauers, S' Henry Rainsford S Nathaniell meaninge in writ- inge. Rich: St Lawrence Hide, Mr X°: Brooke, M' Nicho Hide, Mr Deputy, Dr Winstone, M' Gibbs, M' Keightley, and M² Cranmer who are desyred to sett downe the Companies meaning in writing and present itt to the LLⓇ: when M' Thrrer shall thinke itt Convenyent to Sumon them. ye Tobacco referrd. The derminacon of Touchinge the Determinačon of the Tobacco referred vnto this Courte belonginge to the Adventurers of the Magazine vppon the Močon of Sr Iohn Wolstenholme itt is deferred till to morrow afternoone, Att wch time the Adventurers onely are desyred to meete att m' Ferrars house to consider of the best course and conclude therof accordinglie. touchinge ye 100 ed. The Coppie of ye The Demaunds of the Citty read the last Courte concerninge the hun- Citties Demaunds dreth Children beinge much distasted of this Company beinge such Children Correct- as were repugñnt to the standinge Orders wch ch Could no way be dispensed wth, 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 Ire to the Lord Maior from the Cheife of the ye cheife of y Councell agreeinge to send the Ire and returne the altered Coppie to morrow morninge to the Courte of Aldermen, requestinge St Thomas Wroth, and m' Gibbes to deliuer them, and require their speedy reso- luccons because the spedy depture of the Ships will suffer no delays this followinge beinge the true Coppie. A Tre written to y' Lord Maior from Counsell. The Letter. r Wheras the number of One hundreth Children whose names are hearafter menconed 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 transportacon and apparrellinge of the same One hundreth Children a Collecĉon of the some of five hundreth pounds was made of divers well & godly disposed psons [74] Charitably mynded towards the Plantacon 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- "The word "with" written over "of." FEBRUARY 2, 1620 305 pose aforesaid, And thervppon for the good of the same Children and in Consideračon of the premises, Itt is fully concluded ordered & decreed by and Att a generall Quarter Courte this day houlden by y° Treasuro' Councell and Company of Virginia that every of the same Children wch are now liveing att the charges and by the provision of yº 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. 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 Plantačon 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 yº 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 Condiĉons wth these latter the Company wilbe content to lett itt pass for this time yett wth this protestacon; That as itt is not beneficiall to the Chil- dren, so itt is the extreame wrong & preiudice of the wholl Plantacon. 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 menconed, shalbe sent and Transported by yº said Virginia Company out of the Cittie of London vnto Virginia aforesaid and that towards the Charge of transportinge and apparrelling y° same Children the like Colleccon of five hundreth pounds of men godly and Charitably disposed towards the said Plantacon 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 Comp": for the purpose aforesaid; Now therfor for the good of the same Children, and in Consideracon of the plmises, 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 menconed 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- 306 RECORDS OF THE VIRGINIA COMPANY 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 & mayntennace 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 pvided for them as shalbe fitt and requisite as meate, drinke, Apparrell, and other necessaries. And further that att the expiračon of their seuerall Apprentishipps every of y' 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 Municon and Armo' for defence, and necessary implemts & vtensille for houshold, and sufficient workinge Tooles and Instrument for their Trades, labor and husbandry in such sort as other Tennte are pvided for. Moreover that every of the same Children last menconed 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 yo 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- tisfacĉon of a Rent to be payd for the same Lande so by them to be occupied, And that att the expirañon of the same last Seaven years every of the same Children to be att liberty either to Continue Tennt or ffarmors to the Com- pany vppo 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 Plantacons in Virginia afore- said, to hould in fee Seeage 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 FEBRUARY 2, 1620 307 Acres by way of quitt Rent in leiwe of all services in regard of the tenure; All wch pmises wee the said Treasuror, Counsell, and Company doe order and decree and faithfully promise shalbe iustly and truly pformed towards the said Children accordinge to the true intent & meaning therof. cb r kowne pson prom- A Lre from an vnknowne person was read dyrected to m' Treasuro' A Lre from an Vn- pmisinge five hundred pounds for the educatinge and bringinge vpp ising 500 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 they have made choyse of the Lord Pagett. ST Tho Wroth. mr Io: Wroth. m' Deputie. The Coppy of wch Letter ensueth. ch m' Tho: Gibbes. Dr Winstone. m' Bamforde & m' Keightley. purpose Sr yor Charitable endeavor for Virginia hath made yo" a ffather wee a favourer The Letter of those good work weh 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 yo' helpfull hand wth other honorable psonages 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 without papisticall merritt or pharasaicall applause wishing from my part as much vnitie in yo" 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 pmised by my good frends 500" 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 pform- ance therof you shall receave 50 more to be delivered into the hands to two religious psons wth securitie of payment who shall once every Quarter examine 308 RECORDS OF THE VIRGINIA COMPANY Dr Bohunes quest to passe. and certifie to the Treasuror herein England the due execučon of these prem- ises together with the names of these Children thus taken, their ffoster ffathers and ouerseers [77] not doubtinge butt yo" are all assured that guiftes devoted to Gods service cannott be diverted to pryvate and singuler Ssecular§ advan- tages without sacriledge, if yo' graver iudgments can devise a more charitable course for such younge Children, I beseech you informe my frend wth yo securitie for true pformance 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 weh hee hath faythfully promised, hee that moved my harte to this good worke, dyrect yo" Charitable endeavours herein, whylest I rest as I ame Dust and Ashes Directed To Sr Edwin Sandys yº faithfull Treasuror for Virginia. re- D¹: Bohunes requests beinge read the Courte have intrusted the Audi- tors to rectefye wch is agreed shall passe (beinge putt to the question) by ereccon of hands. The Petičon of Capt Powell and m' 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 pcell between the Sunken Marsh one the other side the River against Iames Citty Land, and Choapooks Creek, and one pcell of Marsh Land conteyninge 300 Acres called To write to ye Gou- Hogg Iland, The Court held itt inconvenyent to graunt Land in that 400 Acres of Land kinde, pickt out by the Planters themselvs not knowinge who all- for Cap' Powell & redie may lay clayme thervnto or otherwise how necessary itt may be for the publique; Butt m' Treasuror in regard of the good affecčon 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. ernor to sett out m' Io: Smith Frauncis Carter A peticon was exhibited, by ffrauncis Carter the Companies Officer Peticon referd to desyringe that forasmuch as hee hath worne himselfe outt in the ye Audito™. Companies service beinge nowe growne lame, that now in his olde age they would please to take his Case and necessitie into favourable con- sideračon etc, wch by reason itt grew late was referred vnto the Audi- tor to psent to the Courte their opinions touchinge the best means to rewarde him. į FEBRUARY 16, 1619 309 ticon referrd to y Peter Arundles Petičon to have his Shares explayned to be double Pe: Arundles Pe- Shares refered to the Audito™ to vew his buisines how itt stande and Auditor. reporte itt to the Courte. [78] t Captaine Bargraues request to have a Comission for ye determyninge Cap Bargraues re- of some Controversies betweene him and Cap Martine resydent in quest referrd to ye Virginia was allso referred vnto the Audito™. Auditor. The Charter party betweene the Owners of the London Marchant and The Charter partie m* Treasuror and Deputy was now Sealled and delivered. for ye Lond: Mar- chant sealled. FEBRUARY Y® XVJth 1619. PRESENT St Edwin Sandys Knt Treasuror. St Thomas Roe. m' Reignolde. " m² Caswell. Sr Iohn Dauers. Sr Henry Rainsford. ST Tho Gates. ST Tho: Wroth. Sr Harry Iones. m' Iohn Wroth. m' Deputy. mr Tomlyne. Capt Bargraue. m' Keightley. m' Sam: Wrote. m' Aug: Steward. mr Bamforde. m' Hen: Briggs. m❜ Swinhowe. m' Caninge. m' Wiseman. r m' Bearblock. m' Cranmer. m* Bull. m' Eyres. m' Couell. mr Geo: Smith. m' Ely: Roberte. m' Mellinge. Wth others. Vppon the desire of Capt Brewster his buisines was once more deferrd Capt Brewsters to the next Preparative Courte wch is agreed then to be heard betwixt buisines Deferrd. him and Capt Argoll, and to that end have given order that the said Capt Argoll be acquainted therwith and required then to attend. Five Shares formerly given by St Thomas Roe knt to Peter Arundell 5 Shares ressigned wch were Confirmed vnto him in a Courte held the first of October by Peter Arundell i6i7 The said Peter Arundell in Consideračon of a Certaine some of to Sr Tho: Roe 310 RECORDS OF THE VIRGINIA COMPANY : ed the Courte of Virginia monney paid vnto him by the said S Tho: Roe hath ressigned the said ffive Shares vnto the said St Thomas Roe, wch the Auditors have- inge allowed were by this Courte Confirmed. Mr Thir acquaint- M' Treasuror acquainted the Courte that hee had receaved Lette™ from Lres received fro Virginia importinge the wellfare of the Plantacon 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 incouragm 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 harvest, the first beinge shaken with the winde pduced 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 [79] made a seruant to ye Collony. Capt Spillman Signifyinge allso that one Capt Spillman who thought to deprave yº Gou nor of his Authoritie by his instigačon to Opochankino, of a great man yt should com and putt him out of his place, The said Gouernor and Councell of State have pceeded in due tryall of him butt beinge mercifull in sparinge his life have degraded him from his Cap': Ship and made him a servnnt to the Collony for Seaven years in quallytie of an Interpriter. to ye Lre: Other matter theris to acquainte them with weh when hee hath read the rest of the letters hee will the next Courte reporte vnto them. The Citty yeilded The Letter the last Quarter Courte signed by the Lords directed to the Lord Maior of London tooke such effect as m' Threr sayeth the Cittie yeilded to itt: of y* 500" giuen for m² Three: reporte Wheras the last Court a speciall Comittee was appoynted for y° man- educatinge y In- naginge of the 500" given by an vnknowne pson for educatinge the fidles Children. Infidles Children M¹ Thre¹: signified that they have mett, and taken into consideračon the proposičon of Sr Iohn Wolstenholme, that Iohn 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. FEBRUARY 16, 1619 311 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 arryvall¹ 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. And for to putt itt into the hands of pryvate men to bringe them vpp att x¹ a Childe as was by some proposed they hould itt not soe fitt by xli reason of the causualty vnto wch itt is subiect. .ch Butt forasmuch as divers hundreds and pticularr Plantačons are all- redie there settled and the Indians well acquainted with 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 Plantacons 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 weh naturall affecĉon may inforce in the one and the other, itt was answered and well allowed that a treaty and an agreement be made with 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 ST Thomas Roe promised that Bartley Hundred should take two or three for wch theire well bringinge vpp hee and m' Smith pmised 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 m' 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, M' Treasuror in the behalfe of Smith hundred hath promised to take into their charge. "Arryvall" is written over "arryvinge" by the reviewer. 312 RECORDS OF THE VIRGINIA COMPANY The proposicons The Proposičons wch were by sundry of the Adventurers allowed of for takinge the Tobacco att a prize att a meetinge of them att S Thomas Smiths house the 14th of Feb- ruary aboute takinge off the Tobacco att a price beinge now putt to Confirmed. to ye buisines. y question was confirmed, Comendinge itt to m' Caswell to procure others to write|| for ye rest. And fallinge into dispute aboute the Debte what course should be taken for gettinge them in, M' Thrřer made knowne that of necessitie Officers for man- there must be Officers Chosen for the mannaginge and lookinge to the aginge & lookinge 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 & pfectinge them, for the last itt was thought good by some y' m' Essington should be entreated to pceed with them, and for the mannaginge of the rest vppon nominačon ther was made choyce of, m' Bull, m' Cranmer and m' Caswell, and beinge putt to the question was ratefyed by erecčon of hands. 3 Comissions Three Comissione beinge presented to the Courte was allowed to be sealled one to William Shawe m' of the London Marchant the other sealed. sealed. t to Cap Iones m' of the Faulcon, and the third to m' Edmonde m' of the Tryall to sett saile wth the first fayre winde for Virginia. Capt Bargraues Captaine Bargraues Comission for the determyninge some Controu9sies Comission to be betweene him and Cap': Iohn Martin in Virginia beinge now pre- sented the Court therof allowed & agreed that the seale should be therevnto affixed. 4 Rolls. Mr Markham pre- M' Markham beinge formerly requyred for the bringinge in the resy- sented 4 books and due of the book and Rowles remayninge in his Custodie, presented now to the boorde 4 books, and 4 Rowles of subscripčons wch were Comended to the Care of m' Deputy desyringe the Courte to take into Consideračon, that for his extraordinary paines hee might have sattis- faceon, weh pointe beinge long disputed betwixt m' Threr and him, itt was att length referred to the Auditors to consider thereof. [81] FEBRUARY 22, 1619 313 mr Treasurer. Sr Io: Dauers. ST Tho: Gates. ST Nath: Rich. mr Iohn Wroth. mr Iohn Ferrar. mr Tho: Gibbes. m' Dr Anthony. FEBRUARY Ye 22th [1619-20]: PRESENT. m' Rich: Tomlyne. m' Samu: Wrote. m' Keightley. m' Wheatley. m³ Cranmer. mr Berblock. m' Robert Smith. m' Richard Wiseman. m' Ri: Wiseman. m' Fra: Meuerell. m' George Smith. m' Abraham Chamberlyn. m' Henry Briggs. m² Elias Roberte. mr Nicho: Ferrar. m' Thomas Mellinge.¹ mr Dr Winstone. m' Crowe. r's uate Ires of di- And forasmuch as the Courte by the Gouerno letter is given to S Tho: Gates de- vnderstand that the inhabitants are very desiorus to have Engineers syred to write pry- sent vnto them for the raysinge of ffortefycačons for wch they are recons content amongst themselves to beare the charge therof, vppon wch ST Tho: Gates is entreated to write his pryvate letters of dyrecĉons both in regard of his skill therin, as allso of his knowledge of the Country, as allso that hee together wth ST Nath: Rich conferr wth generall Cæsill therin, whose assistance in a former Courte touchinge the same buisines was entreated wch they have pmised to doe. [82] A Box standinge vppon the Table wth this direcčon, to St 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 Subscripēon beinge the same with letter hee coniectured that itt might be the ¹A blank space of one-half page in the manuscript follows. be wholly in ye hundred. 314 RECORDS OF THE VIRGINIA COMPANY The Box of 550" to 550" promised therin. And itt beinge agreed that the Box should be charge of Smiths opened therwas a bagg of new golde conteyninge the said some of CCCCCL": whervppo 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- lucon should be sented in writinge to the next Courte wch in regard of the Ashwednesdays sermon was agreed to be vppon thursday after. Mynisters Consid- ered offe. The scarsity of Vppon good consideračon of the scarcetie of the Mynisters that is this day remayninge in Virginia haveinge eleaven Burroughs and not aboue five Mynisters: M' Threr 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 encourragm 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 pared 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 weh shalbe transported to the Colledge Land, the Gouerno", and the Companies, and for those six that shalbe sent by pticularr hundreths the Company for their better provocačon therevnto shall furnish out three to each, vppon condicon that the pticular Plantacon make vp the other three, wch being putt to the question was generally well allowed my Lord of Lon- of, whervppon itt was thought very expedient that my Lord of Lon- don to be solicited don should be solicited for the helping them wth sufficient Mynisters, with sufficient Myn- as allso such of the Company as wth out favour or affeccon could heare of any that were eineeire ||sincere and devoute in that callinge and were desirous to goe, that they would acquainte the Courte there- with that they may be entertayned. for helping them isters Mr Threr allso signifyinge yt all Indentures of Land wch yett have been graunted to pticuler Societies are to come vnder the Seale againe, FEBRUARY 22, 1619 315 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 vppo the Table how itt was intended att first an other way as might appeare [83] by the Armes vppon itt butt now m' Holloway had M'Holloway made given itt freely to this Company that therfore to gratefie him they a single share. would entertaine him into there Societie by giveinge him a single Share of Land in Virginia wch beinge putt to the question was rate- free bygiueing him fyed vnto him, whervppon m' Deputy was entreated to provide a Case A Case for yº Bal- for the better preservinge of itt. latinge Box. Richard Francks to be laydout for M' Vppon the request of Richard Francke esquire to have 200 Acres of 200 Acres of Land 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 two Sonns. there resydinge m' Threr hath promised to write to the Gouernor for the effectinge of his desire. A Comission beinge now presented for §the§ m' Richard Francks two The Comission for Sonnes of the Swan of Barnstaple for takinge the first optunytie of ye Swan of Barn- winde and wather for Virginia was allowed to be sealed. r stable to be sealed. Wheras some principall of ye Magazine Aduenturers for the bette Magazine Aduen- turers signed to putting of of the Tobacco had signed to certaine Articles for tak- Certaine Articles inge halfe therof vppon Condičon that all the rest should be written for by Certaine time, wch tyme beinge expired and nothinge pformed, 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 weh if they doe then they to pay no more then the rest shalbe so sould for. ch 316 RECORDS OF THE VIRGINIA COMPANY m' Therrer. Sr Io: Dauers. S' Baptist Hickes. Sr Io: Wolstenholme. ST Nath: Rich. m' Io: Wroth. r m' Deputy. m' Tho: Gibbe. m' Sam: Wrote. MARCH Y® SECOND 1619 PRESENT. Dr Winstone. m' Rich: Tomlyne. m' Ro: Smith. r m' Wm: Caninge. m' Cranmer. m' Keightley. m' Briggs. m' Wm: Essington. m² Bearblock. m': Augu: Stewarde. m' Swinhowe. m² Bull. m' Casswell. m' George Smith. m' Meuerell. m' Arundell. m' Baldwin. m' Tho Mellinge. Mr Essington to Wheras the last ordynary Court made choyce of three for the man- proceed with ye Magazine Ac. aginge the remaynder of the Magazine buisines, and that then itt was agreed that m' Essington should be entreated to pceed with the Accompts hee being now sent & desyred by the Adventurors to vndertake itt againe assented to pforme itt. [84] compl. uenturers disliked son The Couennt made And for asmuch as m' Caswell signified that m' Alderman Iohnson by the Magaz: Ad- did not like the Coueñnt made by the Aduenturors in the last Courte by Alder: Iohn- for the vnderwritters to take off the Tobacco they had vppon Condi- cons subscribed for as not beinge effectuall enough for their sattisfac- con and therfore desyred to have an other meetinge of yº AduenturoⓇ vppon satterday morninge to take itt againe into consideračon was by the Adventurers present assented vnto and agreed to be att S Y Aduenturers Thomas Smithe house vppon satterday next att ix of the Clocke, att wch time the Courte have intreated m' Cranmer and m' Chambers to be there for the Company. desired to meete. Dr Winstone re- S' Io: Dauers, and Sir Iohn Dauers and Dr Winstone repayringe to the Spanish Agent as porte from y Span- they were intreated and haveinge delivered their message accordinge to the direcĉon of the last Courte reported now that itt was very kindely ish Agent. MARCH 2, 1619 317 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 sattisfacčon, which they in the behalfe of the said Company promised to pforme. S' Nath: Rich their And wheras allso in the last Court St Thomas Gates, and S' Nath: S Tho: Gates, & Rich were intreated to repaire to Generall Cæsill touchinge the desyre reporte from Gen- of the Plantacon to be accomodated with some Enginers att their owne erall Casill touch- charges for Raysing of fforteficačon Itt pleased S Nath: Rich to inge Engineers reporte that accordingly they were wth Generall Casill 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 pmised to agree wth him for a certaine some of monny to goe ouer and live there signefyinge of two sortes of ffortefycacons, 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 wh this ffrenchman is singuler good. rundell admitted a M' Thrñer signified that accedentally haveinge some Conferrence with My Lord of Ar- ye Right Hon: the Earle of Arrundell itt pleased his Lo¹: to demon- fitt brother & re- strate the exceedinge much love hee beareth to the Accon, insomuch ferrd to be elected that hee could be content to come and sitt amongst them; Hee ther- one of yº Counsell 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] MyLord of London made acquainted of yº Compª: intent 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 with what mainte- to send Mynisters. 318 RECORDS OF THE VIRGINIA COMPANY Smithe 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 Plantačon. hundred Sygnifyinge allso that the Corporačon of Smithe Hundred verie well content to giue 100 to be dis- accepted of the Charge of the Infidles Children comended vnto them charged from ye by the Courte in regard of their good disposičon to doe good, butt charge of ye Infi- otherwise if the Courte shall please to take itt from them they will willingly give 100: And for their resolučons 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 pforme the same and present itt. dles Children. tlinge of Salt- workes. A Comittee ap- Wheras duringe the time of St Thomas Dales resydence in Virginia poynted for ye set- therwas by his means sundry Saltworks sett vpp to the great good and benefitt of the Plantacon, 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 S¹ Iohn Dauers S Nathaniell Rich, m' Iohn Wroth, m' D' Winstone, & m' Sam: Wrote to meet to morrow att two of the Clocke att m Thřers house-M' Baldwin is desyred to be there att the same time to further the said Comittee wth his best advise. present referrd to the Comittee. The sendinge of S Itt was allso moved by m' Treasuror that for asmuch as this yeare Geo: Yeardly a 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 St George Yeardley for the disposinge of them all accordinge to direcčons and instrucõons 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] r ! MARCH 15, 1619 319 authorized to take As likewise that in reguard|| a treaty is to be made wth Opachan - St George Yeardly kano touchinge the bette¹ keepinge of the Infidells Children wch are some things out of to be brought vpp in Christianytie yt therfore they would authorize S ye Magazine to George Yeardley to take some such thinge as hee shall like best outt present itt to Opa- 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. chankano. St Thomas Gates, by his bill assigned five Shares of twelve pounds Sr Tho: Gates 5 tenn shillings the Share to Samuell Wrote esqr: wch the Auditors Shares to Sam: haveinge formerly approved was allowed by this Courte. Wrote. old 5: shares to Likewise m¹ Humphrey Reynolde assigned five Shares to m' Humphry Mr Hum: Reigh- Slaney wch beinge allso allowed by the Auditors was ratefyed by this Courte. mr Humfrey Sla- ney. MARCH THE 15th 1619 PRESENT. The Right Honor: Robert Earle of Warwick. ST Edwin Sandys Threr. St Thomas Roe. Sr Dudley Digge. St Thomas Gates. Sr Iohn Dauers. ST Fard: Gorge. ST Tho: Wroth. m' Iohn Wroth. m' Mau: Abbott. m' Deputy. mr Tho: Gibbes. m' Robt: Ofley. m' Sam: Wrote. Sr Iohn: Wolstenholme, m' Dr Meddus. Sr Nath: Rich. Sr Tho: Willforde. m' Recorder of London. m' Alderm: Iohnson. m' Henry Reighnolde. m' Tomlyne. m' George Tucker. m' Nicho: Leate. Capt Sam: Argoll. Capt Dani: Tucker. mr Iohn Smith. m' Keightley. r m' Nicho: Ferrar. m' Bull. m' Cranmer. m² Rogers. m' Essington. m' Ditchfeilde. m' Casswell. m' Swifte. m' George Smith. m' Mellinge, Cr. The Courte beinge sett m' Threr made knowne yt the George beinge The George re- returned from Virginia had brought Ires certefyinge allso of the 16455-VOL 1-06-21 turned 300: dead 320 RECORDS OF THE VIRGINIA COMPANY ye Bona Noua ar- riued well. greate mortallytie wch hath beene in Virginia about 300: of the Inhab- itants haveinge dyed this last yeare and that S 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 y The people sent in people sent in the Bona Noua they are aryved in health are all live- inge & psper well applyinge themselvs wth the rest accordinge to direcčon 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] Lette™ now The readinge of y 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 m' Threre house att two of the Clocke, and that Capt Capt Smith & Capt Smith, and Capt Maddison then attend to make knowne their greiv- known their greu- ances wch they pretend done vnto them by St George Yeardley. Lres is referd Maddison to make ances. consequence Com- to ye Courte. Then hee Comended to the Consideračon and approbačon of them 3 things of mayne three Things of mayne consequence-1: wheras fower shipps are lately ended by ye Threr dispeeded and another wch wilbe readie to goe by the last of this 1: moneth wth Pasengers & Provisions as itt was delivered and allowed in a Quarter Courte held the 17th of Nouemb' 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 yº like mor- tallytie and for the prosicutinge of some well degested orders made The draught of a in their Courtes hee had framed the draught of a Charter, wch although this Courte could not give a finall confirmačon thervnto, yett if they now approved therof itt might be sent in this Ship to be putt in Execučon, & be confirmed in the next greate generall Courte. Charter for nour- ishinge those y are sicke. r That weh m' Alderman Iohnson now proposed that they would take To dispose of y care how to dispose of the Ship and goods now returned for their Ship & goode re- best advantage. turned. 2: MARCH 15, 1619 321 Of difference betwixt the Northerne and So: Collonys. ch The differences be- tweene y N°: and S': Colloneys. 3: and approued of. ffor the first the Draught of the said Charter beinge extant itt was The Charter redd agreed should be red weh done was very well approved and allowed off referringe itt to the Quarter Courte for an example confirmacon butt in the meane time agreed that the Coppie therof should be sent Coppie to be for the Gouernor to putt in practize. sent to ye Gou9nor. The second beinge m' Alderman Iohnson Proposičon was comitted Alderman Iohn- to a Comittee to consider of, that is to say Sr Thomas Smith. St Thomas Wroth. Sr Io: Wolstenholme. Sr Nath: Rich. m' Alder: Iohnson. m' Io: Wroth. m' Deputy. m' Keightley. Devidinge the busines into three poyntes. ty m' Cranmore r m' Bull & m' Caswell or so many ele as pleased. sone Proposičon referrd to a Com- ittee & deuided in- to 3 parte vizd priuately planted. ffor the plantinge of English Tobacco that notwithstandinge vppon ye English Tobacco Compa: yeildinge to an imposte, his Ma" by a Proclamačon hath pro- hibited the same yett Contrary thervnto itt is pryvately planted. [1] ffor the procuringe a mitegacon of the imposičon wch is conceyved mitegacon of y may be obteyned. [SS] For the Sale of ye Goods imposte [2] 3 All wch is referred as aforesaid, and are entreated to meete att S Thomas Smithe house vppon Satterday morninge next att eight of the Clocke. ticoned to ye Kinge To the third m' Threr signified that the N°: Collony intendinge to The No Colony pe- replante themselvs in Virginia had peticoned to the Kinge and to the for a new Pattent 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 LoP: wher- vppon accordinglie haveinge mett, and as formerly disputed the buis- ines they could not conclude therof, butt discented the one from the 322 RECORDS OF THE VIRGINIA COMPANY 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 pceivinge 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 Company 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 S' Iohn Dauers, m* Harbert, and m' Keightley to repaire thither to morrow morninge at 8 of the Clocke. The Articles be- Hee allso signified of one m' tween m' Kinge & 1 Kinge that is to goe wth 50 persons ye Compa: touch- Wth him to Virginia there to sett on foote Iron Workes and that there inge yo Iron was Articles indented betwixt the Company and him, wch beinge red Workes ordered to was so well liked that they allowed of the same, and agreed that the Seale should be thervnto affixed. be sealed. Mr Thier thanked And wheras the Ship before exprest to sett forward before the latter for sealinge y of this monneth called the Frauncis Bona Venture, m' Treasuror Charter party for the Bona Venture. 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. S Tho: Gates one Sir Thomas Gates assigned one single Share to Edward Palauicine Share to m' Palau- gentleman wch beinge approved by the Auditors and now putt to the question was confirmed vnto him. icine The Comission for A Comission unto 1 ¹ Maister of yº Frauncis Bona the Fra: Bona: Venture for the takinge optunitie of winde and weather for Virginia Venture allowed. was now allowed. [89] ¹ A blank space in the manuscript. MARCH 20, 1620 323 AN EXTRAORDINARY COURTE HELDE THE 20TH OF MARCH 1620 PRESENT ye Right Honor: The Lord of Southampton. m' Treasuror. Sr Iohn Dauers. m' Io: Wroth. mr Deputy. m² Tomlyne. mr Harbert. m' Briggs. m' Cranmer. m' Berblock. m' Mellinge. Sr Io: Wolstenholme. m' Rogers. m' Keightley. mr Bamforde. m² Iadwin. m' Meuerell. m² Roberte. m' Ditchfielde. r m' Baldwin. m' Arundle. m' Whyffin. m' Ferrar señe. m² Tho: Gibbes. mr Bromfeild. mr Sam: Wrote. Capt Argoll. Dr Winstone. mr Barnell. m² Caswell. to returne from y* One Penecell who sometimes lived a frend in Virginia beinge imployd Mr Penecelle fre in the Treasuror, and accidentally att her settinge out fallinge vppon Somer Ilande to the Sommer Ilande where now hee remayneth sent his petičonary Ire Virginia recom- to the Treasuror and Compa: to be released from thence that hee might ended to y° Somer returne to Virginia and there repertlant him wch was conceaved to be very reasonable vppon wch they have thought good to recomend the said Ire to the Somer Ilande Courte. Ilande Courte. ances done by Capt The Councell haveinge heard the generall Ire from St George Yeardley St George Yeard- leye letter pub- gave order for the sattisfacčon of the Company that itt should be liquely read wher- publquely read vnto them wherin was Complainte of Sandys greiv- in was Complainte ances done by Cap' Samuell Argoll ptly concurringe wth some of the of Sandys greiu- 12 Articles by the Company exhibited against him, vnto wch hee Argoll. haveinge formerly delivered his answere to fower of them did now The answers dd to present answers to the rest wch vppon the močon of ye Companies Coppie out and to Councell m' Threr delivered to the Secretary for to Coppy out and to keepe y' Orignalle. ye Secretary to 324 RECORDS OF THE VIRGINIA COMPANY keepe the originall wherby hereafter the said Capt Argoll may not say butt that they are the very same weh 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 pceedings 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 ine ye passengers of either side one as they are chosen shall take the testimony of them accordingly to wch hee willingly condiscented and named S Nath: Rich; S Ferdinando Gorge, m' Recorder, and m' Ma: Abbot of wch the Compª: excepted against S Ferd: Gorge, and S Nath: Rich wch done the Company named S Io: Dauers, m' Christopher Brooke, m' Gibbe, and m' Deputy of wch hee excepted against m' Brooke and m' Deputy so that the 4 chosen for this buisines are Comissioners ap- poynted to exain- now com ouer. charge to the Com- pany. deliuer out no Sr Iohn Dauers & m' Tho: Gibbes r m' Recorder & m' Mo: Abbot } r for ye Company. for Capt Argoll. [90] r The Georg a great 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 The Husband to employed in, Itt was agreed that the Husband should looke carefully goode but by cer- to itt, and not deliver outt any goods butt by certificate from m' Dep- tificate from ye uty that the fraight therof beinge 4ª vppon a pound be payd vnto him, And for the other the Courte hath chosen m' Cranmer for the M' Cranmer for ye Company and m' Keightley for the Magazine entreatinge them to Company & m' examine & Cast vp what profitt may be therby accrew by the said fishinge, that whall 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. Deputy. Keightley for ye Magazine MARCH 20, 1620 325 out by Mr Ferrar touch at ye Sumer men & prouisione And wheras m' fferrar Deputy sent out the Garland to ye service of The Garland sett ye Company wth 45 men of his and his Associates to be left in Vir- and his Associate ginia for the preparinge and makinge reddy of buisines against the Springe intendinge together with 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, m' of the said Shipp now for asmuch Mr Wye beinge to as hee was appoynted to touch at the Summer Ilande and leave some Ilande and so to men there and so pceed hee notwithstandinge contrary to their direc- pceed diuerted his cons and as hee was bound by Charter party findinge that extraordi- Course from Vir- nary gaine would redound vnto him by the great quantitie of Tobacco inia and lefte his wch ther was redy to come for England diverted his Course from Vir- at ye S: I: ginia, lefte the men wth their provisions in the Somer Ilande and what is become of the Lres itt is vncertaine, hee beinge required since his Cominge home att a Sumer Ilande Courte, to bringe them to m Threr and hath not yett pformed itt, And forasmuch as vppon the močon of m' 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 yº Admiralty and by puttinge in bayle to answer his Accon hee shall enter against him in respect wherof and in consideračon of the greate wronge and preiudice hereby falleth to the Company, (Itt was agreed beinge putt to the question) that the said Comp": shall ioyne wth m' 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 m' Berblock to follow itt for them, and for the defray- inge of the Charge have entreated m' Threr to disburse vppon warînt what shalbe needfull.¹ assembly in Vir- The Actes of the generall assembly in Virginia beinge yett to read The readinge of ye together with a Ire wch m' Yeardley desyreth may be read for the cleer- Act of ye generall inge of his Brother S George Yeardley because itt was held incon- ginia and m venyent to spend an ordinary Courte therwth itt was agreed that Yeardleys fre in munday next in thafternoone be apoynted for the purpose.2 [91] ante. ¹ The papers on this subject are cited in List of Records, No. 149, page 137, ante. 2 Two letters concerning these acts are cited in List of Records, Nos. 154, 171, pages 138 and 140, behalfe of his brother be re- ferrd. 326 RECORDS OF THE VIRGINIA COMPANY therwas held one m' Threr. MARCH Yº-XXIXth; ANNº DOM: 1620 ST Tho: Roe. Sr Io: Dauers. Sffer: Gorge. Sr Tho: Wroth. Sr Io: Wolstenholme. Sr Nath: Rich. mr Alder: Iohnson. m' Iohn Wroth. r PRESENT. m' Wrote. m' Herbert. m' Ed: Gibbes. m' Tho: Gibbes Iunio'. m' Edwa: Smith. m' Keightley. m' Bearblock. m' Cranmer. m' Briggs. mr Palmer. m' Chr: Brooke. mr Tho: Gibbes. m' Caninge. r m' Deputy. m' Rogers. m' Caswell. m' Bull. m' Pallavicine. m² Meuerell. mr Roberte. m' Sparrowe. m' George Smith. m' Baldwin. m' Mellynge. m² Newporte. m' Arundell. and many others. A Virginia Courte Wheras accordinge to the aboue written order munday afternoone dismiste in respect last was apoynted for an extraordinary Courte, m' Threr signified that for ye So: Ilande. when the same was warned hee hard that att the same time therwas a Courte for the Somer 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. erall Cecill touch- Sr Nath: Rich his The order beinge read wherin ST Nath: Rich signified what had beene reporte from Gen- done vppon the Companies request to generall Cecill about an Enginer ing an Engineer. 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 pticularr direcõons and instrucčons for them to pceed as they shall easilie pforme 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 MARCH 29, 1619 327 1 ch place to serve this Company beinge the thinge weh err now himselfe hath desyred ffor weh the Courte gave S 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 relačon of Generall Cecill those direcčons & Instrucčons he hath promised that they be sent in this Ship to the Inhabitants to give them some pt of sattisfacčon wh hee hath pmised shalbe pformed. ferrd to a Comit- The busines att the last ordinary Courte referred to a Comittee to The buisines re- meete att S Tho: Smithe weh accordingly they did and there Agree- tee at a former ment of the 3: pointes now presented in writinge was after publique Courte allowed. 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 web followeth. [92] A MEETINGE OF COMITTEES HELDE AT SR THOMAS SMITH BY ORDER FROM THE VIRGINIA COURTE 18th: MARCH 1619 PRESENT. Sr Thomas Smith. r m' Wrote. m' Keightley. m' Caninge. Capt Tucker. m' Edwarde. r m' Cranmer. m' Berblock. mr Casewell. m' Essington. St Thomas Gates. Sr Thomas Wroth. Sr Nath: Rich. m' Alder: Iohnson. mr Tho: Gibbes. This Comittee meetinge by order from the Virginia Courte tooke into consideračon the 3 poyntes referred vnto them. uately planted ffor Tobacco wch is ||priuately said to be pryvately planted contrary for Tobacco pry- to the Kings prohibicon by Proclamačon, they now agree to entertaine heer in England Henry Mansell to be an intelligencer and to give direccons and Instruc- Henry Mansell to čons to pceed by acquaintinge a Iustice therwith & then bringinge his be an intelligencer 328 RECORDS OF THE VIRGINIA COMPANY ecute itt ch Mr Iacobb to pros- name to the Counsell and m' Iacob, weh m' Iacobb hath pmised to psecute itt, and preferr a bill against him in the Star Chamb' and so for every informačon iustly preferred and weh shall be within 5 milles of London and proveth true they hold itt requisite for the encourrag- ing of him to give him x" 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. mytegaĉon of im- To the second poynte of mytegacon of ymposičon posicon goe to m' Iacobb. m' Alder: Iohnson After some dispute m' Alderman Iohnson and m' Cranmer was & m² Cranmer to entreated when they rise to goe to m' 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 Taxacon of their Tobacco, wch if hee refuse, yt then my Lord of Warwicke, S Tho: Roe, S Nath: Rich, and others be entreated to deliver from the Compa: such reasons to the Kinge for mitagačon thereof as they have sett downe in the peticon to his May consideringe that the buisines doth not concerne the Kinge profitt butt m' Iacobbs. Sale of Goode 3 Thirdly for the Sale of Goods for defrayinge & new sould & shalbe r of ye Charge of Itt is agreed by these Comittees y' for the defrayinge of the sent charge fraught both olde 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 Condicons. 1 2 3 4 Att yº rate of ijs vjª the pound to pay 12ª in hand for ye defrayinge of fraught Custome, and Imposte, and to pay the resydue the 25th of March 1621 To take two thirds of the ould and of the new or as itt shall fall out in quantity and pporčon To discount vnto themselvs halfe a Capitall of the first years Adventure. To give their bills to S Thomas Smith, & m' Alder: Iohnson who MARCH 29, 1619 329 stand engaged for those of the Magazine and they to give their severall bills each to other for the vse of the said Magazine. [93] order to be sent to And they to order and Condition of brokes longe since made touch- A Preamble of this inge ye said Magazine shall stand firme of every man wthout alteringe y Aduenturers. or revocañon and that a Preamble of this order shalbe sent to the Adventurers that such as are willinge vppon the foresaid Condičon shall vnderwrite theire names & quantity wch they shalbe pleased to § buy & § take out. of yº Order sett Concerninge the difference of ffishinge betweene the South, and N°: Mr Threr reporte Collony itt pleased m' Threr to signifie that although hee was very downe by ye Lo": vnwillinge by reason of the multitude of other buisinesses, yett hee concerninge the and the Comittee had intended the Lo: Duke and the Lo: of Arundle, difference of fish- inge between ye and therwas for the other side ST Ferd: Gorge and others, where dis- so: and N°: Col- putinge the matter before their LoPS: they pleased neither to allow nor lonyes 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 ST Clement Edmonde The Secretary to and desire itt of him in the name of the Compa: & appoynted him to repare to St Clem- give his Clarke his ffee. ent Edmonde. sent to St Georg fied Hee further acquainted them of 2 things more to be pformed for the a Charter to be publique the one a Charter to be sent to St George Yeardley to be Yeardley weh be- published throughout the seu9all Burroughs and Hundreds that they inge read was rati- apply not themselvs wholly to Tobacco weh 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 The other that wheras an Asperčon was laide vppon him by some Mr TF ers answere to an Aspersion that hee deteyneth matter from the Company and imparteth them laide vppon him onely to the Councell wch is not true for hee hath procured more then for deteyninge matter from ye once the Gouernors tres to the Counsell and theirs to him to be read Company & im- openly in Courte, yett hee sayth that the Gouernor hath given cause partinge them to of yt blame by dyrectinge still his fres to the Counsell, wch although hee hath reprehended him for itt by his pryvate letter, yett itt would not doe amise that a generall tre from the Courte be sent him, that ye Councell. 330 RECORDS OF THE VIRGINIA COMPANY ernor. A Letter to be hee may better vnderstand his error, and hereafter write aswell to the written to ye Gou- Company as to the Counsell, weh they thought to be very necessarie, whervppon they have entreated m' Threr, Sr Iohn Dauers, m' Wrote, m' Gibbes, and m' Herbert, to meet att m' Threre house vppon fry- day morninge for pformance of itt, weh done might be read to the Courte to be approved and signed. sent ner appoynted r ch Navigacon to be Hee also signified that S George Yeardley desyreth of them for the good of the Colony that a navigačon might be sent vpp wch would produce good benefitt to the Plantačon, and to that end nomynateth Marmaduk Ray- 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 S Tho: Roe, hee gave very good comendacons of him, wher- vppon itt was agreed vppon the tearms menconed hee should be sent. Tho: Gibbes 2 Thomas Gibbes esqr by two severall bills assigned vnto two of his sonns m' Edmund, and Tho: Gibbes Iunior ij single Shares one to each of them of 12:10s: the share, wch the Auditors haveinge approved the Courte now confirmed beinge putt to the question by ereccon of hands. [94] shares to two of his sonnes. Cap' Io: Bargraue Cap Iohn Bargraue assigned two shares vnto M' Robert Briggs which 2 shares to mr Robert Briggs. vppon the like approbacon was allowed as the former. be made free & to Land. Mr Aliano Lupo to Vppon the request of Stephen Sparrow itt was agreed yt Mr Aliano haue 100 Acres of 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. and for 3 men As allso that the saide Stephen Sparrow att his owne charge trans- Sparrow 150 Acres. ported three men to Virginia for whom W 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. transported by m' shares confirmed m Walter Eldred 3 Walter Eldred produced to the Courte ye will of Thomas Hodges in to him & made a Wch will hee hath given vnto the said Walter Eldred 3 single Shares of free brother. 12: 10 wch appearinge to the Courte he dyed wthout issue, as also APRIL 3, 1620 331 that by the said will hee was sole executo' the Courte now gave al- lowance therof and soe was admitted into this Societie. haue ye land due Wheras vppon the peticon of Agnes Nicholle mother to one Henry Susan Hamond to Dauies who did goe the Voyadge to Virginia wth the Lord Lawarr in to Henry Dauies 1616 and att six moneths after his landinge hee there dyed as by cer- her brother. tificate from Samuell Tubman may appear, itt was agreed vppon the said peticon and certificate that Susan Hamond the only sister and heire of ye saide Henry Dauies shall have the Land due vnto him vppon his psonall adventure. helde fforasmuch as dive" peticons are to be read and some other buisines A Courte to be to be pformed before Depture of the Ship, itt was agreed that Mun- day afternoone next shalbe an extraordinary Courte. AN EXTRAORDINARY COURTE HELD AT SR EDWIN SANDYS HOUSE THE 3 OF APRILL 1620 m' Threr. Sr Io: Dauers. ST Tho: Wroth. St Io: Wolstenholme. r m' Io: Wroth. mr Tho: Gibbes. m² Wrote. m' Herbert. PRESENT. mr Robt Smith. m' Edwarde. m' Tho: Gibbs Iunior. m' Briggs. m' Wheatley. m' Keightley. mr Palmer. m² Berblock. m' Barnell. m² Rogers. m' Bamforde. r m' Roberte. m' Geo: Smith. m' Meuerell. m' Sparrow. m' Newporte. m' Baldwin. [95] Aduenturers of A Complainte in writinge beinge now presented by some of the Ad- Y Complt: of ye venturor of Martine Hundred, for redresse of some wrongs, pretended Martins hundred done them pticularly by one Boyse entertayned there to be a Bayly of to be enclosed in their hundred who contrarie to Coveñnts hath forsaken their Planta- ye Compa: Ire to yº con and settled himselfe elsewhere; Itt was agreed accordinge as they Gouernor. 332 RECORDS OF THE VIRGINIA COMPANY ished. pertiuler ments. 1 2 Gouer- desyred, that the saide writinge should be enclosed in the Companies Lre, wth advice to the Gouernor to rectefie their Greivances and further them in their lawfull desires. The Comp tre to M' Threr reported yt the Comittee appoynted in the last Courte for the Gouernor fin- the drawinge a Ire for the Compa: to the Gouernor have mett and fynished the principall pointes of the same, if the Courte shall allowe theirof, therin menconinge of 2 very sufficient and able men wch are 2 Deputies to goe to goe as Deputies for ye Company and to take charge of 2: pticularr & take charge of 2 govermte vnder S' George Yeardley for menaginge and orderinge 2 parts of the publique Land, and teñnte, the one for the Colledge, and for that have dealt m' 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 S Georg Yeardley George Yeard- offereth to serve the Company gratis, the Company hould itt not requisite to accept requisite to accept of his offer butt rather to dispose some pt 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 Governo™ Land as many Teñnt at the expiračon of his Goverment as hee findeth or went wth him at his entrance or afterwards shalbe sent vnto him. 3 leys offer held not of. Office of Admirall State ther ch The executon of y And wheras Capt Argoll in the time of his suspention from the place in Virginia refer- of Admirall authorysed, Abraham Peirsey the Cape marchant to be his red to y Gouernor Deputy or Vice Admirall woh hee could not doe till by his cleeringe and Counsell of hee had frustrated the said suspension, Therfore the Comittee held itt fitt that the execučon of that Office should be referred to ye Gou⁹nor and Counsell of State and to such vnder them as they shall appointe. The Secretaries And forasmuch as the Gouerno' and Counsell there have allowed of be confirmed held certaine ffees to be due vnto the Secretary by his place and sent itt hither for confirmacon, the Comittee first and now the Courte pvs- inge the same found them so oppressive that they found them soe fees sent hither to intollerable Cr. APRIL 3, 1620 333 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 6ª or 4ª in the Crowne ther sett downe wch belonginge to the lawes of gov- erm', and magestracie to be there established is referred thereto [96] be authorised to And likewise wheras a Complainte is made of the Cape Marchant The Gouerno to by the Planters of double and treble rates sett vppon the goods con- examine ye Cape trarie to the Adventurers order that therfore the Gouerno' and Coun- Marchante writ- sell be authorized to make him produce his writings and Invoyces to ings & Invoyces. examine whether hee hath dealt fairely or no and returne informačon to the Company. ye be pformed by ye Other things of smaller consequence beinge likewise to be incerted other Addicons to was comitted to the trust of the Comittee to pforme and soe the letter ve fre: referrd to being putt to the question was allowed and confirmed agreeing that Comitee & to be it shalbe signed by the Threr, Deputy, and Comittee in the behalfe signed. of the Company. for collectinge & framinge of Laws Hee also signified that m' George Yeardley desyred for his better Mr Tfers request direcčon the laws for Gouerment and Magestracye wch although a Comittee was long since Chosen for the same yett by reason of other graunted. buisines of maine consequents they have not pceeded therwith, request- inge that now when all the Ships are gone and other buisses settled they would graunt him so much libertie for his refreshinge as to retire himselfe for 3: or 4 week 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: instruccons from wch if hee swerve in any thinge itt shall not passe till the kinge have approved therof: Itt beinge not fitt y' his Mat subiects should be governed by any other lawes then by such as shall receave influence of life from his Ma": whervppon wth many thanks for his care his request was graunted. to Antho: Browne. Itt was informed yt the Lady Lawarr desyred yt 25 Shares adventure Ye Lady Lawarr might be deducted outt of her Shares, and passed to Anthony Browne passed 25: Shares who intendeth to goe to Virginia and plant them wch the Courte allowed. 334 RECORDS OF THE VIRGINIA COMPANY Elizabeth Percy A peticon read from Elizabeth Pearcy referred to the Adventurers of her Peticon. the Magazine. ticon to be com- Fra: Baldwins Pe- ffrauncis Baldwins Petičon beinge read itt was agreed should be ended to ye Gou?- comended to the Gouernor in the Ire from the Company. nor. quest for Barth: Lawton. Mr Deuerelle re- Weras one Bartholemew Lawton was transported in ye Bona Noua to Virginia to remaine a Teñnt there, one m' Deuerell made sute that hee might be freed from that place and made free, and to that end would pay the charges the Comp": was at in sendinge him, and send him a man or two to worke for him, vnto wch hee was answered that his pffer would not serve the turne butt if hee will send in his steed one approved to be sufficient and that will pforme his Coveñnte his request by y' means might be obteyned and not otherwise wherw hee seemed sattisfied. [97] th moth. AN VNPERFECT COURTE HELDE FOR VIRGINIA ATT SR EDWIN SANDYS HOWSE YE VIIJTH OF APRILL 1620. m' Treasuror. m' Tho: Wroth. r m' Gibbes. m' Wrote. m' Reighnolde. m' Ro: Smith. r PRESENT m' Keightley. m¹ Palmer. r m' Berblock. m² Cranmer. m' Palauicine. m' Eyes. m³ Brigs. m' Arundle. mr Newporte. A Tre read from A tre beinge read from m' Iames of Plymouth directed to m' Deputy mr fames of Ply- signifyinge that one Spark should deuilishlie §divvldge§ imputa- tion of yº Countrie and Gouerment of Virginia falslie reportinge that 900: ||men|| are dead this yeare, and that the people are vsed wt th APRIL 8, 1620 335 more slavery then if they were vnder the Turke, therfore for the curb- inge of his turbulent spirite, itt was agreed that a Ire in the name A Tre to be written to ye Maior of Ply- of the Courte should be written to the Maior of Plymoth to examine moth. 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. Nicho: Ferrar Intelligence was given y' m' Nicholas fferrar thelder beinge translated 300: giuen by m' from this life vnto a better, had by his will bequeathed 300¹i towards thelder. the convertinge of Infidles Children in Virginia to be paid vnto r St Edwin Sandys and m' 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 St Edwin Sandys and Io: Ferrar accordinge to the true intent of his said will, and that in the meane, till that were pformed hee hath tyed his executors to pay 8 p Cent for ye same vnto 3 seuerall honest men in Virginia (such as the said St 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. r An vnknowne pson hath allso given 10 for some good vses in 10" giuen by an Virginia. Vnknowne pson. Aduentu: vppon Wheras m' Threr made knowne that notwithstandinge the greate Mony due to ye deale of monny hee hath paid vppon old debt yett there remayneth y' great standinge some thinge still to pay wch cheifly is prizes due to Adventuros vppo Lotterie the great standinge Lottery therfore moved that m' 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 y' m' Brigs when hee is desyred may lend him his assistance. [98] And forasmuch as George Berkleys widdow demaundeth as is former- 400 demaunded by George Berk- lie exprest a debt pretended due vnto her husband of 400li wch is 7: Or ley's widdow 16455-VOL 1-06-22 336 RECORDS OF THE VIRGINIA COMPANY amine what is due The Adito" to ex- 8 years olde, hee desyreth that some course may be taken for the true examinačon 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 prop Mr Brigs to peruse vnto them, And all the Officers of yt Comp": 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 m' Briggs was desyred to pvse the same, and when hee had so done present his opinion to the Auditor. her writinge. pvsed the Actes of ye generall assem- Mr Tfer: hauing Allso hee signified that haveinge pvsed the Act of the generall assem- bly hee found them in their greatest pt to be very well and iudiciually bly found them to carryed & pformed butt because they are to be ratefyed by a great be iudicially car and generall Courte therfore hee hath write vnto them that till then they cannott be confirmed¹ 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. ried. drawe them into a heade. r A Comittee to Whervppon itt was held requisite y' accordingly 4 of the Councell & 4 of the generallytie should be chosen for the effectinge therof wch beinge well allowed, the Councell was nominated, S' Iohn Dauers m' Thomas Gibbes, m' Brooke, and m' Deputy, of the generallytie m' St Thomas Wroth, m' Samuell Wrote, m' Berblock & m² Cranmer or so many of the Company as please, who are entreated to meete att m' 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. tended to be done Yeardley. r 2 Complainte pre- And wheras 2 Complainte of wronge tended to be done them by S by S George Geo: Yeardley hath beene heard before the Counsell the one of Capt Madison & the other of Captaine Powell wherof the one vppon exam- inačon did manifestly appeare to be spleene and the other was vppon title of Land notwithstandinge vppon the močon of m' Třer itt is A fre to be written ordered that a Ire from the Comp": shalbe written to m' Thorpe & yº ¹Written over the word "performed." to Mr Thorpe C'. APRIL 8, 1620 337 Counsell of State and therin inclose their said Complainte that they may examine the truth therof and vppon certificate from thence they may accordinglie pceed to right either pte accordinge to equitie. frends of ffra: A peticon now exhibited by ye frends of ffraunces Newman who The peticon of y beinge sent a freeman and there susteyninge greate bondage and Newman referrd slavery by the means as is alledged of Capt Argoll for ye cleeringe of web 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 The Gouernor to his releasem*, If vppon due examinačon hee finde no cause to the contrary. [99] release him sealed by mr Threr sealed for paym A Charter parte by the Companies order beinge sealed by m' Trer: The Charter party to paie 600¹¹ to some named by Captaine Thompson within 14 daies to Capt Thompson after Certificate of the Ionathane saffe arivall att Iames Citty and to be cancelled and landed her Passengers goods vppon request now of the Owners that another to be hee would please that that said Charter parte might be cancelled the of yº monny to y monny off, the monny beinge by right to be paid vnto them the Owners. 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. Iohn Edwards Peticon beinge now read itt was agreed itt should be Iohn Edwarde Pe- recomended to the Gouernor. ticon to be Com- ended to the Gou- ernor Likewise a peticon of Iohn Piddox was allso recommended to be Io: Piddocks pe- examined and returned by the Gouerno". ticon. 338 RECORDS OF THE VIRGINIA COMPANY MAY Y XIth 1620 PRESENT RIGHT HONOBLE The Lord Cauendish. The Lord Pagett. m' Threr. Sr Iohn Dauers. m Sr W™ Throgmorton. Sr Henry Rainsforde. St Thomas Wroth. Sr Iohn Wolstenholme. m' Deputy. Dr Anthony. Dr Winstone. mr Gibbes. m' Bromfeilde. mr Sam: Wrote. Capt Bargraue. Capt Bruster. mr Bamforde. m² Ro: Smith. m' Keightley. m' Cranmer. m' Delbridge. I m² Berblocke. mr Roberte. mr Swifte. m' Bosewell. m' Sheppard. m' Meuerell.. m' Geo: Smith. m² Barker. m² Arundle. Sr Tho: Dale verie sicke m' George Sandys. m' Tomlyne. One of ye natiues The Court, takinge notice from S William Throgmorton yt one of the brought ouer by maides wch Sr Thomas Dale brought from Virginia a native of yt Country who some times dwelt a servant with a Mercer in Cheapside is now verie weake of a Consumpčon att m' Gought 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 moneths bestowed agreed to be att the charge of xx a weeke for this two monneths, if itt please god shee be not before the expiračon therof restored to health or dy in the meane season for y° administring of Phisick and Cordialle for her health and that the first paym* begin this day seaven- night because m' Threr for this yeare reported his Accompts were XX" a weeke for 2: on her 8 MAY 11, 1620 339 Throgmorton. shutt vp, Sr W™ Throgmorton outt of his pryvate purse for the same XL bestowed on purpose hath promised to give xl': all wch monney is ordered to be her by Sr W- paide to m' Gough through the good affiance ye Compa: hath of his Carefull menaginge therof. [100] cam not to yo M' Threr signified that the Ship called y° Bona Aduenture last dis- The Bona Venture peeded eame came not into the Downes till sunday last by reason Downes till sun- wherof hee stayd out the full time graunted him by the Company day last. duringe wch time hee hath pformed the Companies buisines soe care- fully that to his remembrance hee not omitted any thinge comitted to Lawes his trust, by reason wherof hee hath not done any thinge to the lawes nothing done to y 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. a Wheras S Nath: Rich hath by order of the Courte had some confer- S Horatio Veer rence 2: or 3: times wth Generall Cecill aboute an Engineer to be sent very willinge to assist ye Comp*: to Virginia ye Comp hath since dealt with Sr Horatio Veere who is allso exceedinge willinge & readie to assist them with his best further- ance, soe that by both their means they may be the better supplyed. Touchinge the pointe of mitegacon of ymposičon beinge by a Comittee y mitigacon of the Imposicon re- att St Thomas Smithe agreed what course to take therein wch by rea- ferred. son m' Alderman Iohnson was absent itt was referred till his Cominge to the Courte to vnderstand what is done in itt and of y° successe therof. ye t'in ye behalfe lyked. The Order made by the Lord Duke and yº Lord Arundell vppo refer- The order made by rence vnto them in y° behalfe of the S°: and N°: Collonies a Coppy of ye so: and N°: therof beinge pcured itt gave not sattisfacčon to the one Collony or Collonies dis- the other, whervppo for as much as the N°: Collony hath peticoned to the Kinge for obteyninge a new Pattent and therin to declare the one Collony to have Priveledge wthin the other this Comp": findinge themselvs greived therby beinge a meanes to debarr them from the ymunities, his Matie: hath freely and gratiously graunted them for : hibited to his Mate: 340 RECORDS OF THE VIRGINIA COMPANY 8 a Peticon to be ex- matter of ffishinge, itt is agreed yt a Petičon likewise be exhibited to his Matte from this Company for the maintenance therof, and that some of the Ho': of the Pryvie Counsell we are of this Societie be entreated to deliver itt from them, for pformance of wch the Courte hath requested m' Threr who hath assented to see itt effected. as Deputies to take .ch 2 men to be sent Wheras itt was agreed that two worthie and sufficient men should be care of 2 parte of sent as Deputies from the Compa: to take care of 2 part of the pub- y* Publique Land. 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 weh wilbe no other charge to the Company the allot- tinge him land and transportinge him Teñnt thervnto and this beinge accordingly placed the first vppon the Companies Land att Elizabeth Cittie att the Cominge in of the River, S' Georg Yeardly in the middest wher the Gouernors Land is, and m' Thorpe [101] att the vpp 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, m' Deputie, m' Samuell Wrote, and m' Delbridge, who are desyred to meet att m' Threre to morrow att 2 of the clocke. A Comittee in' Pores labours The rewardinge of The ffees allowed of in Virginia by the Gouernor and Counsell there referred to a Com- 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. ittee drawinge ye Acte The Comittees for The Comittees appoynted for the drawinge and Collectinge of the Actes of ye Generall As- of the generall Assembly in heads now reported that by the small light sembly into heads given vnto them how to pceed 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 pformed, whervppon was added odne lyttle therin An Additon MAY 11, 1620 341 to the other S¹: Henry Raynsforde, m' Herbert, and m' Bamforde, who have apoynted to meete vppon Satterday att m' Thrers 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. assigninge i share Capt Iohn Bargraue by the Audito" allowance assigned to m' Elias Capt Io: Bargraue ffoxton one Share of Land wch vppon reporte of his good vnderstand - to m Elias Fox- inge & sufficiency the Courte have entreated that hee ioyne wth the ton elected to be a Comittee Chosen for the Acts of the generall Assembly. Comittee Cr. Docter Winston desyred that wheras hee beinge Chosen a Comittee to Mr Sam: Wrote to supply Dr Win- prosecute law against Wye m' of the Garland that another might be stone rome in pse- appoynted in his roome, his buisines beinge such that hee could not cutinge y Law attend, whervppon they have entreated m* Samuell Wrote to supplie against Wye. itt & ioyne wth m Berblock for to follow itt woh hee hath assented to doe. r .ch tuled y impfect The last Courte tytled the impfect Courte beinge now read and putty last Courte ty- to the question for allowance was by ereccon of hands ratefied and Courte ratefied confirmed. [102] S' Thomas Gates by 5 seuerall bills assigned 14 shares wch beinge first S Tho: Gates 14 allowed by the Auditor the Courte approved of as namely. 2 Shares to m' Edmond Hackett. 1 Share to St Edward Lawley. 5 Shares to Sr Walter Earle. 1 Share to Edward Clarke. 5 Shares to Christo: Earle. 14 shares to &° allowed to mr M' Deputy signified that one m' Reynes Poynes||, and m' Bartley 2 seuerall Pattente desyred to have 2 seuerall Pattente for land each of them wth their Poynes & m' Associates purposinge to transport Collonies into Virginia, thervnto, Bartley woh the Courte very well liked of. 342 RECORDS OF THE VIRGINIA COMPANY THE PREPARATIUE COURTE 15°: MAIJ 1620 PRESENT. The Lord of Southampton. The Right honorable The Lord Sheffeld. m² Threr. St Thomas Roe. r ST Nicho: Tufton. ST Ferdina: Gorge. Sr Iohn Dauers. S' Henry Rainsforde. ST Tho: Wroth. Sr Nath: Rich. r m' Deputie. r The Lord Pagett. m' Stewarde. m' Ia: Swifte. Capt: Brewster. Cap: Bargraue. Capt Warde. m' Bromfeilde. m' Palavicin. mr Cranmer. mr Bamforde. m' Tho Gibbes. m' Berblock. m' Sam: Wrote. mr Herberte. mr Holloway. m' Casewell. m² Swinhowe. m' Robert Smith. m' Henry Brigs. m' Delbrige. mr Woodall. m' George Smith. m' Wheatley. m' Bull. m' Couell. m* Spruson. vppon ye Ex- Sassafras. Bills to be sett M' Caswell signified that by some of the Adventurers of the Maga- change for sale zine who mett lately att St Thomas Smithe ordered was given that of Tobacc and bills should be sett vppon the exchange for sale of the Tobacco and Sassafras, Whervppo att the times as was there exprest for the sale of itt, Sundry Adventurers mett att S Tho: Smithe and divers Tobacco deuided straungers, and the Tobacco beinge devided into 3 sortes and putt to new to m' Caninge sale by the Candle wch was adiudged as followeth the best sort of new & ye olde to m' Tobacco att ijº-10ª to William Canninge [103] and the 2 worser sortes beinge olde Tobacco to m' Alderman Iohnson who bid 2 the pound for the one and 12ª the pound for the other therfore hee was to certefie this Courte from him that if any pleased to give a ob: more in a ": they should have itt, whervppon grew a disputačon of the base into 3 sortes ye Alder: Iohnson. r .ch MAY 15, 1620 343 price itt was sould for, holdinge itt more convenyent to have itt burnt then so to passe weh by Computacon all charges beinge borne yeilded not aboue iiijd the pound, notwithstandinge att length itt was agreed that the olde Tobacco sould to m' Alderman att the prices aforesaid in regard itt was old and defective should stand, and that the new The new Tobacco e to be put into ye should be putt into the hands of some trustie man to sell itt to y hande of some vttmoste benefitt of the Adventurers, and they to be allowed some trusty man. reasonable recompence for their paines, wch beinge putt to the ques- tion for approbacon was ratified by erecčon of hands. cause deferred. Wheras this day was apoynted by order of Court for hearinge ye cause The hearinge of between Capt Argoll & Cap: Bruster, the said Capt Bruster made his Captaine Brusters 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. noone. Comp: to ye And forasmuch as by a standinge Law of the Compª: itt is ordered The that when the Threr shall please hee may appoynt any Quarter Courte meete in y ffore- to hold both forenoone and afternoone, hee therfore signified, that forasmuch allso much buisines is to be pformed 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 Elecčon of Officers and other more weightie buisines. Touchinge the pointe of mitigačon of Imposičon itt was thought good ye mitigacon of imposicon to be by reason againe of m' Aldermans absence that itt be revyved att the reuiued at y Q: Quarter Courte vppon Wednesday. Courte. The Comittee appoynted for to consider of certaine Land & Tente wch The Comittees re- the Courte thought fitt to be graunted vnto m' Iohn Porey and therby porte touchinge to anihilate the intollerable ffees graunted him by the Gouernor and Counsell of Estate there and sent hither for rateficačon reported now m' Porey. 344 RECORDS OF THE VIRGINIA COMPANY ye Acte of ye gen- that haveinge taken the same into consideračon 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, wh beinge putt to the approbačon of the Courte was allowed and confirmed by generall consent. ch The Comittees for ffor the Comittee chosen for the Acts of the generall Assembly m erall Assembly Threr signified that they had taken extraordinary paines therin, butt dispensed with till 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. y" Qua: Courte in Midsomer tearm passed Diners shares Therwas now divers and sundry shares presented to be passed approued by the Auditor one bill of Adventure of 10 shares from my Lord of Dorsett, to Henry Manneringe six shares to six seuerall psons by Capt Iohn Bargraue, one to S 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 X°: Martin, and lastly Tho Harris to Tho: Combe wch the Court ratefied and Confirmed. their seale for pay- ye Admiralty. The Comp: to giue Wheras the last Courte made choyce of m' Sam Wrote to ioyne wth inge there Cost in m¹ Berblock to prosecute law against m' Wye m' 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 Comp: should give their seale to subiect themselvs to that Authoritie, and ther was a Proxi sealed to the Procter m' Milbury.. III. Writing of the First Copyist (not identified) with John Ferrar's Notes A Record of the Summer Islands' Courts, from the Ferrar Papers ! This An extraordinary/Carichitl for the Sama Glandes on Monday in the affrowne the 17 of March 1622. Prisons: / : Louis apportees by jkge "thalbyn wanning of to Genband of Se Inhalt de tú Loo be to Surner Handes, to ffuſt Artrib Coming Lis wer in fedonoly wicht Noth drtube Hraf wad i consity of Two smit be distingshel Branges; way he first, that by hand broud touch frame in the nombor of bon primister. Ande vruances and a gin. M was derma. The now indust and now incrasil the forense, that texnomber that have boose font As the propullinerer & aus Cetus frantee ſi by pre cute, haymont ../ See the number of ministrs incrassel Twins must be distingisand thise things here WAS Aen thise dom Home byon Wife/ffer Ich now to the first be pomoan Leonel, so 1.) bat by Tom стонять ро فهم ச Band Home emors years suivre but abou $13000. Aws of Grom Fland me hufficient means to abortyme ffems all ne Gut they home from Loan Miqurtes; and thut fund to be fly fast Minutes; But th anting m Ollonyn & Suffn int my a on as Ramol Mr. Bride's Mr. Lamy Mr Roynes And that this East pare, the Uor M on hath font Home ffomo alle Minster at fuftient & rompete adorame ; one aft hit it hath plass. Goo of to habe out of this poole. So that shin ! દો > Murch 1.8.1629. 102 Maou MAY 17, 1620 345 سا 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 Earle of Warwicke. The Earle of Deuonsheire. The Lord Viscont Doncaster. St Nicholas Tufton Knight. ·ST Edwin Sandis knt Threr. Sr Frauncis Leigh kn*. Sr Iohn Sammes knt. ST Robert Killigrew kn. Sr Io: Dauers knt. Sr Tho: Cheeke kn*. ST William Fleetwood knt. S' Henry Crofte knt. Sr Wm Herrick knt. Sr Walter Earle knt. Sr Iohn Wolstenholme kn*. Sr Iohn Byngley knt. St Edward Lawley knt. ST Tho: Tracy kn¹. m' Iohn Ferrar Deputy. Iohn Wroth esqr. Edward Clarke esqr. m' Dr Anthony. Edward Herbert esqr. The Lo: Cauendish. The Lo: Sheffeilde. The Lo: Pagett. The Lo: Houghton. [105] ST W™ Maynard kn*. St Thomas Roe knt. Sr Iohn Merrick knt. ST Robert Mansell kn*. Sr Tho: Grantham knt. S' Henry Rainsford knt. St Dudley Digg€ kn*. ST Tho: Willforde knt. S' Frauncis Egioke kn St Thomas Wroth knt. Sr Lawrence Hide knt. ST Natha: Rich knt. Sr Frauncis Kennaston knt. Sr Wm Russell knt. ST Tho: Button kn*. Thomas Gibbe esqr. Christo: Brook esqr. mr Dor Gulston. Iohn Bargraue esqr. George Sandys esqr. t Nicholas Hide esqr. Christopher Earle esqr. mr Dr Winstone. Samuel Wrote esqr. Henry Reighnold€ esqr. 346 RECORDS OF THE VIRGINIA COMPANY m' Arthur Bromfeilde. r m' Edward Gibe. m' Thomas Gibe. m' Iohn Smith. m' Iohn Porter. m' Richard Tomlyne. mr 1 Iohn Holloway. ¹ Barkeley. Capt Samuell Argoll. m' Percey. m' Richard Rogers. m' Tho Keightley. m' Tho: Sheppard. m' Henry Brigs. m² Iames Berblock. m' Wm: Cranmer. m' Nicho: Ferrar. Capt Laurence Maisterson. m' Robert Smith. Capt Edward Bruster. Capt Daniell Tucker. Capt Warde. m' Barkham. mr Thomas Maisterson. m' Iohn Collet. m' Edward Pallauicin. m' Augustin Linsell. m' George Ruggle. m' Thomas Welle. m' Swifte. m' Madison. m' Palmer. m² Barbor. m' ffishborne. m' Couell. m' Felgate. m' Combes. m' Wm: Caninge. m' Nicho: Leate. mr Chambers. mr Barron. m' Turner. m¹ Goodyear. mr Widdowes mr Kinge. m' Shipton. m' Bland. m' Bull. m' Cletherow. m' Morrice. m' Humphrey Handford. m² Price. m' Robert Bell. m m' Humfrey Slaney. m² W™ Leueson. m² Caswell. m' George Smith. m' Edwards. m' Whitley. m* George Scott. mr Edmond Scott. m' Chamberlyn. m' Abdy. m' Dike. m² Bateman. m' Morrer. mr Leuer. m' Wiseman. m' Iadwin. m² Stiles. m' Mellinge. mr Meuerell. mr Bolston. mr Paulston. mr Swinhow. m' Bagwell. mr Roberte. mr Woodall. mr Cuffe. m' Collett. m' Buckredge. m' Darnelly. m' Ditchfeild. r m' Sywarde. m' Hackett. m' Nichole. m' Martin. mr Sparrow. m' Peter Arundell & many others. This day beinge ordayned to be a great and generall Quarter Courte [106] By his Mats gratious Ires Pattents for this Company and being ¹ A blank space in the manuscript. MAY 17, 1620 347 summoned by m' Threr 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 1 hundred, wch att a meeting amongst themselvs (in regard St Thomas Smith had assented to parte with his interest therin so hee might have Diuers the monny hee had disbursed in that Accon) they altered the name ordered to be and agreed that from thence forth itt should be called and tituled sealed. SOUTHAMPTON HUNDRED. t The second to Cap Iohn Bargraue and his Associate. The third to Capt Iohn Warde and his Associate. The ffourth to Iohn Poyne esquire and his Associates. 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 confirmačon agree- ing that in the afternoone the legall Seale for the Company should be vnto them all affixed. Patents read confirmed & 2 3 4 5 made of ye Coun- Vppon the močon of m² Threr who signified the forwardnes of sundry Sundry Lorde greate Lords to be assistinge in this buisines in regard of the worthy- cell. ness of the Accon the Courte hath willingly made choyce of them to be of his Mats: Councell for Virginia, namely the Right Honor: ye Earle the Earle of Arundell the Earle of Deuonsheire, and the Lord Dauers. Three or fower Proposičons to be enacted for orders beinge presented to be considered of by m' Berblock and beinge red the Courte held orders referrd. them worthy of deliberačon, and to that end appoynted a Comittee, vizd: S¹ Iohn Dauers, m' Iohn Wroth, m' Gibbes, and the said m² Berblocke. 3 or 4 Proposicons to be enacted for Cartere Peticons Two Peticons beinge red one exhibited by Wm Webb Husband thother m Webb, & m' by Frauncis Carter both desyringe gratefycañon for their extraordinary referd to ye Audi- paines they were both referred to the generall Comittee & Auditors tors. who best can iudge of their deservinges. Willia Barret gent assigned to St Henry Crofte 1 Share of Land m' Barret assigned 1 share to Sr Henry Crofte. 348 RECORDS OF THE VIRGINIA COMPANY m' wright 1 share to m' Challoner. Abra: Cart- Allso m' Abraham Cartwright surrendred one Share to m¹ Challoner wch two shares beinge allowed by the Audito" was confirmed by the Courte. The title of eleccon Vppon request of some of the generallytie itt was ordered that frome to be red before ye hence forth before the Company proceed to the choyce of their Offi- cers the Chapter or title of elecčon shall allwaies be red before. [107] choice of Officers. POST PRANDIŨ Sr Frauncis Neth- In the begininge of this Afternoone Courte, m' Threr acquainted ersole to sett in them of one S Frauncis Nethersole who is shortly to goe into Bohemia, Courte. ye eleccon of the Threr. 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 weh the Courte willinglie assented to. .ch A message from y Imeadiately after and before they proceeded in any buisines one m' Kinge touchinge Kerkham agent sent from the King presented himselfe to the boord and signified to the Courte that his Matie: vnderstandinge of the Eleccon of their Treasuror wch they intended this day to make choyce of, out of an especiall care & respect hee hath to that Plantačon 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, St Thomas Smith, St Thomas Roe, M' Alderman Iohnson, and M Maurice Abbott, and noe other. rehearsed and ap- proued of. r The buisines done After weh message delivered the Assembly beinge greater by much in the forenoone then was in the fforenoone, m' Threar 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 approbačon. ye Lo: Bishop of London mad free m Sr W™ Cockaine & The Courte moreover vppon the močon & relačon by m' Trer of ye great redines of St W Cockaine Lord Maior of this Cittie, and of the & of ye Counsell. 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. MAY 17, 1620 349 ch ye two Deputies Then proceedinge to the Accoustomable manner the Courts were red, The allowance of after woh m² Threr signified to the Courte the Companies former sent to gouerne 2 resolucon for entertaynment of 2 new Officers by the name of 2 Depu- parte of y pub- ties to governe 2 pts of the publique Land in Virginia, one was mr lique Land. George Thorpe well knowne to the Company for his sufficiencie who m' George Thorpe is all redie gone and have deputed him to governe the Colledge Land wth graunt of 300 Acres to be ppetually belonginge to that place and 10 Tenñte to be placed vppon the Land, The other of the same worth now present called m' Thomas Nuce, touchinge whome itt was agreed m' Tho: Nuce. 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 approbačon of this Quarter Courte who gave allso to m' Nuce 150li towards yº furnishinge of himselfe out for that place. [108] And itt is allso agreed vppon the request of m' Nuce, wheras sundry M Nuce his re- gentlemen for his sake may Adventure their monny in this Accon quest. that such monney so adventured shalbe wholly imployed to the better .ch peopoling of that Land woh hee hath thus graunted to him. Secra: Itt was agreed and Confirmed att this Courte that m' Porey the Sec- The Allowance for retary and his successo" in that place should have 500 Acres of Land m' Porey the belonginge to that Office, and 20 Tennant 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. These buisines beinge thus ordered m' Threr accordinge to the stand- m Thfers relacon of ye State of ye ing Lawes of the Company before the giveinge vpp of his place pro- Collony & of ye ceeded to declare vnto this Courte the State of the Colony together supplies sent this with ye Supplies of this yeare, and the present State of the Treasury, yeare 350 RECORDS OF THE VIRGINIA COMPANY how both hee found itt and now should leave itt; ffirst therfore hee declared that it appeared by a Ire written from the generall Colony and directed to this Company that att y° 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 9000" Debt into wch the Company was brought, and besides the great expences of pticularr 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 pticularr Plantacons wherof the first of any moment now called Southampton Hundred hath had 310 Persons sent vnto itt, the next called Martine Hundred aboue 200 psons and some others in like sorte so that att the cominge away of Captaine Argoll att Easter 1619 ther were Persons in the Colony neere-1000:. Butt as the Pryvate Plantačon began this to encrease so contrary wise the estate of the Publique for the settinge vp wherof about 75000" had been spent grew into vtter eonfusion ||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 porčon 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 with 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 MAY 17, 1620 351 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 restitučon 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 pformed by the Company for the Advancement of the Plantačon least hee might faile in memorie and reporte of the severall numbers hee hath reduced into writinge wch hee then psented and read to the Courte the Tenor wherof here ensueth.¹ A note of the Shippinge Men and Prouisions sent to Virginia by the Treasuror and yº Company Ann° 1619 The Bona Noua of The Dutie of The Ionathan of The Tryall of -200 Tunn sent in August i6i9 wth -120: Persons -070 Tunn sent in January i6i9 wth-051 psons • -350 Tunn sent in ffebruary i6i9 wth-200 psonns -200 Tunn sent in ffebruary i6i9 wth-040 psons & 60 Kine The ffaulcon of • -150 Tunn sent in ffebruary i6i9 wth-036 psons 52 Kine & 4 mares • The Marchant of London-300 Tunn sent in March 1619 wth · The Swan of Barnstable -100 Tunn in March-1619 wth The Bona Venture of -240 Tunn sent in Aprill 1620 with -200 psons -071 psonns -153 psonns Besides these esett outt by the Treasuror and Company ther hath beene sett outt by particularr Adventurers for pryvate Plantacons. The Garland of 250-Tunn sent in Ivne 1619 wth 45 Personns who are yett deteyned in the Summer Islands. [110] The greater part of this report was printed. See List of Records, nos. 92, 183, pages 131 and 141, ante. 16455-VOL 1-06-23 Shipps 800 352 RECORDS OF THE VIRGINIA COMPANY A Ship of Bristoll of 80 Tunn sent in Septemb¹ 1619 wth—45 Personns Therare allso two Ships in providinge to be shortlie gone for about 300 Personns more to be sent by -300 Personns pryvate Adventurers to Virginia Sume of the Persons 1261 Wherof in eight Ships sett out by the Threr and Company. 871 Of these there are sent for Publique and other Pious uses these People ensuinge. Tenants for the Gouernors Land (& besides 50 sent yº former Spring) Tenants for the Companies Land.. Tenants for the Colledge Land • Tenants for the Mynisters Gleab Land 080 130 100 050 Young Maydens to make wives for soe many of ye form9 Tennante... 090 Boyes to make Apprentises for those Tenante Servants for the Publique. 100 050 Men sent by their labo" to beare vp the Charge of bringinge vpp thirty of the Infidles Children in true religion and Civilitie. 050 Comodities Sum of yº Persons for Publique Vse is . The 6ii remayninge are sentt for pryvate Plantačons 650: The Comodities wch these people are dyrected principally to apply (next their owne necessary mayntenance) are these ensuinge Iron for wch are sent 150 psons to sett vpp three Iron work proofe haveinge beene made of the extraordinary goodnes of that Ironn. Cordage for wch besides Hemp and fflax direcõons 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 Gouerno' himselfe to sett 5000. MAY 17, 1620 353 Pitch and Tarr: Pott Ashes, and Sope Ashes, for the makinge wherof the Polackers¹ are returned to their workę. Timber of all sorts with Masts Plankes, and Borde for pvision 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 prop haveinge innumerable store of Mulberie Trees of the best, and some Silkwormes naturally found vppon them pduceinge 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 pfecčon for the effect- inge wherof dive" skillfull Vigneron are sent, wth store allso from hence of Vine plante of yº best Sorte. Salte wch worke haveinge lately been suffered to decay are now ordered to be sett vpp in soe greate plenty as not only to serve the Collony for yº present but itt is hoped in short time allso the great fishinge on those Coastes. ffor the followinge workinge and pfectinge of these Comodities all pvisions 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 pliudice to the fformer Magazine. Ther haue been giuen to y° Colony this yeare by Deuoute Persons these guiftes ensuinge. 1 This word is written over the word "Polanders." 354 RECORDS OF THE VIRGINIA COMPANY Guifte Pattente ta Two Persons vnknowne have given faire Plate & other rich Ornam for two Communion Tables, wherof one for the Colledge, and the other for the Church of Mrs Mary Robinson foundinge, who in the fformer year by her will gave two hundred pounds towards the foundinge a Church in Virginia. Another vnknowne pson (together with a goodly letter) hath latly sent to the Threr 550: 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 300¹¹: 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 Threr the sume of Tenn pound for advanceinge the Plantacon. Ther haue been Pattente graunted this yeare for Perticular Plan - tacons. 1 To m' Wincopp 2 To m' Heath Recorder of London.. 3 To Doctor Bohunn 4 To m' Delbridge. 5 To m¹ Tracie. 6 To m² Peirce.. 7 To m' Poynte 8 To m' Barkley 9 To Southampton Hundred 10 To Captaine Bargraue 11 To Captaine Warde Who have vndertaken to Transporte to Vir- ginia great multitudes of People wth store of Cattle. [112] MAY 17, 1620 355 racon of ye State After wch writinge beinge read m' Therer pceeded to declare vnto the Mr Threre decla- Courte the State of his Accompt, aswell for the Companies generall of his Accomp & Cash as for the Cash of the Colledge, and first hee sayth hee hath of ye Cash. 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 pticularr reasons as well of his severall receipts as of his Severall Disbursmts the breife wherof ensueth. Recipts for the generall Cash. Remayninge of the last year.. Old Debts & duties recovered 12100 88 8% 8805- li 0111: 8 1442: 04 Bills of Adventure.. 0037: Lottery monney 7000: ffor Passengers & ffraight with some Cattle sould ... 0809: 08 Monney Lent repayde. 20: 00 400: 0010: 00 88 88 00 9830: 14: 11 Of the Citty for a hundred Children sent to Virginia Monny given. Sumis .. Disbursmente out of the Generall Cash Old Debts and Duties discharged Settinge out Ship men and Provision. Officers wages. 3707 17: 02 6598: 00: 06 0112. 10: 00 Petty charges layd out by the Officers 0013: 06: 11 • Sumis Receipt for y° Colledge.... 10431: 14: 07 .2043 2043: 02: 111 Disbursment for the Colledge.. 1477: 15: 05 356 RECORDS OF THE VIRGINIA COMPANY not one penny in debt. The Comp leite Mr Threr allso declared that for any buisines done in his yeare hee had not lefte the Comp": to his knowledge one penny in Debt except- inge phapps 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 1200" in Stock for them by the Courte, and lastly that hee had lefte in Stocke for the ye Lotterie more former vse of the Lotteries twelve hundred pound more then was lefte the then yeare. compt exhibited in 3 books. former yeare. Mr Deputies Ac- Hee pceeded then to declare yt dive" great Somes haveinge by warînt been paid out by him to m' Deputy to be disbursed by him and the Comittees for furnishinge men and pvisions to Virginia, ther was by m' Deputy exhibited to y° Courte an exact Accompt of his doinge The first Accomp expressed in three booke, wherof the first was an Accompt of the all ye monny by pticulars of all the mony by him disbursed wch had beene examyned and approved as well by the Comittees as by the Audito" as appeared vnder their hands. [113] of ye pticulars of him disbursed. talogue of In- The Second a Cat- The Second was a booke conteyninge a Cattalogue of Invoyces of all yº provisions sent this yeare to Virginia sett downe in exact manner after the vse of Marchaunts. voyces. The 3°: Contayned The third booke conteyneth a Cattalogue of the names of all the a Cattalogue of ye names of ye Per- psons sent this yeare att the publique charge to Virginia together sons sen' to Vir- with their seuerall Countries Trades and Ages, hee could not butt very ginia at ye pub- greatlie comend m' 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 pforminge so well his charge full of incredible trouble. lique charge tiue thanks to the Company &°. Lastly his respec- Lastly hee concluded wth his respective thanks, first to the CompⓇ in generall for their love in chosinge him, and then pticularly 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 MAY 17, 1620 357 vnwillinge errors & other naturall infirmities, so deliveringe vpp his Office togeather with the Sealls hee desyred the Courte to pceed in Elecĉon of their Threr, accordinge to the message lately receaved from his Maty: and thervppon wthdrew himselfe out of Courte. Threr adiorned Vppon wch this great and generall Courte found themselvs vppon a The Eleccon of deliberate consideračon of the matter att an exceedinge pinch for if they should not doe as the Kinge had commaunded they might incurre suspicon 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 Elecčon graunted to them by his Mats: letters Pattents, woh 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 pvsinge the said Ires Pattente after longe arguinge and debatinge, itt was concluded by generall erecčon of hands, that the elecčon might and should be Adiourned to the next Quarter Courte notwithstanding any order made by the Company to the contrarie. r to his Matie. Whervppon forasmuch as itt manyfestly appeared that his Matle: 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 King farther pleasure, And in the intrym they humbly entreated the Right Honorable ye Lord of Southampton, Vyscount Doncaster, AComittee to draw The Lord Cauendish, y° Lord Sheffield, S Iohn Dauers St Nicholas an humble answer Tufton, St Lawrence Hide, m' X°: Brook m' Gibbes m' Herbert, m' Keightley, and m' 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 informačon aswell of the former as of this [114] latter years gouerment of the buisines for Virginia beseechinge allso that his Matte: would be pleased not to take from them the Pryveledge of their Ires Pattents butt that itt might be in their owne choyce to have free elecčon. 358 RECORDS OF THE VIRGINIA COMPANY to holde his place St Edwin Sandys Vppon wch till his Mats: pleasure were knowne S¹ Edwin Sandys after till his Ma's pleasure much and ernest refusall, att length vppon ernest request of y° whole was knowne and Courte hee yeilded to sett down in his former place yett forbearinge all other Officers to receave the Seales againe or to putt any thinge to Question and all other Officers were likewise continued till the same time. continued. ye buisines Con- Itt was agreed beinge putt to the question yt by reason of this Occasion cluded after 6: to that notwithstandinge any order the buisines concluded of after six of the Clock should this day be of force. be of force. Bruster buisines deferrd. Cap' Argoll & Cap' 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 without further delay. St Edw: Sandye. Sr Edwin Sandys made 2 requests one that wheras att returne of the 2 requeste. Certificate from the Ships ther wilbe due to pay 2150": for which ye one for 2150" himselfe and m' Deputy are engaged that for their securyty such stands ingaged Lottery monny as hearafter commeth in may be paid vnto them to yt Sume wch beinge putt to the Question was ratefyed. hee & mr Değ: for. might retire into ye Country. ye other yt hee 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 weh ye Compa: promised to give answer att the next Courte. monny in prose- againste Wye. Mr Wrotes močon Vppon the močon of m² Samuell Wrote that such monney as is layd for layinge out of out by him & m' Berblock in the psecuting law against Wye, m¹ Threr cutinge Lawe 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 m' Wrote, and m¹ Berblock did enter into bond in the Admiralty Courte, accordinge to the Cus- tome therof, the Compa: should give vnto the said m' Wrote and m' Bearblock vnder their Common seale authoritie to prosecute the sute and sufficient assurance to save¹ them harmless. [115] "Save" is written over the word "have.” MAY 23, 1620 359 AN EXTRAORDINARY COURTE HELDE FOR VIRGINIA YE 23TH OF MAY 1620 PRESENT The Right Honore The Earle of Southampton. The Lord Cauendish. The Lord Sheffeild. The Lord Pagett. m' Deputy. m' Gibbes. Dr Gulstone. Dr Winstone. Capt Maynwaringe. Capt Argoll. Capt Tucker. Capt Brewster. t Sr Eduard Sackvile. St Edwin Sandys. St Nicholas Tufton. Sr Henry Rainsforde. St Thomas Wroth. Sr Walter Earle. Sr Fraunces Lee. Sr Iohn Wolstenholme. m² George Sandys. m' Sam: Wrote. m' Palavicine. mr Robt Smith. m' Gabriell Barbor. m' Bearblocke. r m² Delbridge. m' Casewell. m' Swifte. m' Louell. m² Meuerall. m² Woodall. mr Bull. m' Sparrow. m' Mellinge. of some Aspersions M' Threr desyred that before they pceeded into other buisines hee Mr Thrers relacon might speake a few words for the Cleeringe and iustifyinge himselfe, layd vppon him y ffor wheras itt is divvlged that hee should incense the Spanish Ambas- hee should incense sador against Cap-Argoll ||Capt Argall|| as allso against the Lo: North ye Spanish Ambas- sador against Capt and|| Cap North his brother hee vowed and protested that hee never Argoll and Capt did see the Spanish Ambassador butt in the streets nor never sent or North. received any message to or from him neither tre 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 360 RECORDS OF THE VIRGINIA COMPANY ther were so many of these Aspsions that this is no wonder, and that if they had their right they deserved to receave condigne punishment for rumoringe such falsities. Capt Argoll and This day beinge apoynted by order of Courte was spent in hearinge the Capt Brewster Cause between Captaine Argoll, and Captaine Edward Brewster touch- their Cause heard. inge his Condempnačon att a Marshalle Courte in Virginia, att such time as Captaine Argoll was there Deputy Gouernor: the pceedinge 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 with the Seale of the Company. Capt Brewstere The sentence of the Courte touchinge Capt Brewsters Condempnation. The sentence of ye The Threasuror, Counsell, and Company of Aduenturers, & Planters Courte touchinge of the Cittie of London for the ffirst Collony in Virginia, To all vnto Condempnacon: 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 Threr 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] exarinaco and deposičons had and taken att the Tryall of the said cause in Virginia, together with the pceedings 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 pemptorily 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 determinačon. MAY 23, 1620 361 At wch day beinge the three and twentieth day of the said monneth of May in a great Courte held by the Threr and Company wheratt were present The Right Hono, Henry Earle of Southampton, Wil- liam Lo: Cauendish Edmond Lord Sheffeild, William Lo: Pagett, ST Edw: Sackveill knight S' Frauncis Leigh knight of ye Bathe, ST Nich- olas Tufton knight St Edwin Sandys knight, S Iohn Dauers knight S' Henry Rainsford knight S Frauncis Egioke knight, S Tho: Wils- ford knight, St Tho: Wroth knight S Walter Earle knight, Sr Iohn Wolstenholme knight, S Henrie Maynwaringe knight, S Edward Lawley knight, Thomas Gibbes esqr George Sandys esquire, Samuell Wrote Esqr M' Iohn Ferrar Deputy and a great nomber of the gener- allitie of the said Company: the said Cap Edward Brewster, and Capt: Samuell Argoll beinge psonally present, after a full hearinge as well of the said Capt Brewster as of the said Capt Argoll wth their seuerall Declaracons and allegations on both sides and after mature deliberačon, and weighinge of the wholl Cause, with the Comissions Deposičons and other writinge pduced Itt was by vs the said Threr Counsell, and Company finally ordered and determyned as here ensueth. t Forasmuch as itt appeareth by his Maties: Lres 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 Eres 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 declaračon of his Mats royall pleasure touchinge the manner of Administracon 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 362 RECORDS OF THE VIRGINIA COMPANY 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] t And moreouer itt appeareth by the pceedings and sentence of the said Martiall Law Courte authentically certified and returned to vs as allso of the examinačons ther had and taken, that the said Martiall Courte pceeded against the said Cap Edward Brewster vppon the two and thirtieth Article of their Martial 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 opposičon 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 allegačon 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 with 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 examinačon; And lastly itt appeareth by the Certificate of the said pceedings that some of the said Court houlding those Martial Lawe to be verie strict and seueere made a močon 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 allegačons by the said Captaine Argoll, in the end they plvayled wth him so much that they poured his life MAY 23, 1620 363 vppon some condicons as appear in the said Captaine Brewsters Oath written wth his owne hand and sent thither with 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 yº Plantačon 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 pceeded to deliver their resolučon: that the said pceeding 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 vnlawful 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- lucon of the said Court beinge first seuerally delivered by the said Lords, Knight, and others of the said Councell there present, was finally approved and ratefied by the said Generall Courte by a generall erecčon of hands no one dissentinge except m' 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 Cap' Argoll Gouernor of Virginia writ a fer vnto St George Yeardley here in England, and wthall sent sundry Copies to his great infamy and dis- 364 RECORDS OF THE VIRGINIA COMPANY 2 Peticone de maunding monny grace the said tre by approbačon of this Courte was sent back to the Councell of State resydent in Virginia to examine the trueth thereof, wch St George Yeardley answeringe the same beinge long since returned was now read. Sr Henry Maynwaringe assigned 5 shares of Land vnto St Edward Sackuill knight wch the Court ratefied and confirmed. Mr Anthony Orby by his bill assigned 2 shares to ST Nicholas Tufton knight wch likewise was allowed by the Courte. Two Petičone exhibited demaundinge monny of the Company wch refer to the Au- 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] ditors sented ye: 1: from m' A COURTE HELD FOR VIRGINIA THE LAST OF MAY 1620 ST Edward Sackvill. St Edwin Sandys. S' Baptist Hicks. S' Henry Rainsford. Sr Tho: Wroth. Sr Io: Wolstenholme. m' Deputie. m' Gibbes. Dr Winstone. PRESENT. m' George Sandys. m' Oxenbridge. r m' Buckley. Capt Bargraue. Capt Brewster. Capt Warde. m' Reighnolde. m' Bamforde. m² Sam Wrote. m* Caninge. m' Casewell. m' George Smith. mr Io: Smith. m' Briggs. m' Bull. m' Foxton. m² Arundle & divers others. 3 Proiecte pre- Three Proiect beinge psented in writinge to m¹ Threr it pleased him to deliu9 them vnto this Courte where beinge red the first from m¹ W™ Palmer for a fitt Pallmer touching the orderinge of Tobacco, and of a very fitt man man for planting named m' Somerscalle; who is very skillfull in curinge that Plant wherby itt may be made more pfitable then itt is; Whervppon the Tobacco MAY 31, 1620 365 r Courte have entreated a Comittee to treate with the said Sumerscales aboute itt, vizd. Sr Iohn Dauers, m' Deputy, m' Gibbes, m' Wrote, m' Palmer, m' Casswell, m' Georg Smith. The Second from m¹ Englebert touchinge an Engine devised by him ye: 2: from m² En- for pservinge the Plantacon from force of Armes, was likewise referred glebert to a Comittee that is to say St Edward Sackuill S Iohn Dauers, Sr A Comittee. Henry Rainsford, S' Hen: Manwaring m' Io: Wroth, m' Tho Gibbe, r m' Wrote, m' Brigges, and m' Berblocke. The third by one m' Thomas More, for the makinge of Sope Ashes, y 3: by m' Tho: pottashes secondly for the sowinge of fflax and the right orderinge of itt: Thirdly for the imploymt of Weavers, fourthlie for the sowinge More. of Hemp and the orderinge of itt, was allso referred to be considered A Comittee of by m' Christopher Cletherow, m' Bland, m' Cranmer, m' Bull, m' Sheppard, m' Caswell, and m' Mellinge. Tho Smith Sr Io: & A Ire was now red directed to mr Threr from Sr Tho: Smith Sr Iohn A Ire red from Sr Wolstenholme, and m' Alderman Iohnson desyringe him to discharge Wolstenholm ye ffraught of the George they standinge engaged for the Company by m² Alderman Charter partie to see itt discharged the Magazine haveinge paid the Iohnson. Company 200¹ ffor fraught of Passengers and goods. Butt forasmuch although the George was entertayned by the Com- pany yett shee was employd and deteyned 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 wh the Adventurers there must be answerable, And forasmuch allso as the Accompt therof cannot for many impediments be yett pfected and that both Treasuries are Empty of Cash, m' Ewens of necessitie must have a little patience to forbear itt a while longer. [120] anulling of Capt The sentence of the last Courte beinge drawne vp and engrosed of The sentence of ye disanullinge of the Condempnation of Captaine Brewster by a Mar- last Courte for dis- tialle Courte in Virginia summoned by Cap Samuell Argoll att such Brewstere Con- time as he was Deputy Gouernor there, and beinge now read att the dempnañon read. place to this effect that the wholl Courte agreed Captaine Brewster 366 RECORDS OF THE VIRGINIA COMPANY cepcon to have been vniustly proceeded against both in forme and matter, Sr Tho: Wroth ex- and consequentlie remaynes still a legall man not one dissentinge, S Tho: Wroth onely tooke excepčon 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 St Tho Wroths al- answered Captaine Brewster in Writinge, that writinge of Capt Argolle legacons opposed was nott read att the hearinge of the cause; Against wch Allegačons of St Thomas Wroths the wholl Courte did generally oppose averringe that hee did not phold ||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 m¹ Threr 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. by ye wholl Courte t And for his allegañon touchinge Cap 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 pceedings in that case, by vertue wherof the wholl pcesse with examinacons of wittnesses was returned. wch examinacons were all read openly att the hearinge of the cause, and the former pceedings 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 pceed- ings was not regarded: And if the same had been read itt would have cleerly appeared that they pceeded against Capt Brewster not by ver- tue of the Laws of England butt vppon the 32 Article of yº 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 ptiners, 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 MAY 31, 1620 367 and that both pties were heard att large and wth all indifferrencie; Notwithstandinge the Court was content so much to sattisfie S Tho Wroth that an excepčon 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] Bearblock. The Company gave their bond to m' Samuell Wrote and m' Iames A bond sealed to Berblock to bear their charge and save them harmeless in the sutem Wrote & m² comenced by them againste m' Wye and Sealled itt with their legall Seale in the presence of the Courte. IS Mr Treasuror declared that att the last Quarter Court for the Sumer Ilande betweene the time of giveinge vp of the Gouerno place and the new choyce of a Gouernor, makinge offere to present some matter to the consideračon of that Courte concerninge (as hee conceived) the M Thiere Decla- racon of ye Summer great daunger of those Ilands, butt beinge then stopped by some of Ilande of y* daun- that Courte from the deliverie hee would reveale itt to this beinge a ger it stands in 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, with 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 St Thomas Smith and red in open Courte the robbinge of the Spanyards (as beinge lyms of Antechrist) is greatly comended: And y° 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 direcčon therin Butt forasmuch as St Thomas Smith is 16455-VOL 1-06-24 368 RECORDS OF THE VIRGINIA COMPANY 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, Whervppo m' Casewell and m' Georg Smith were entreated to know S Thomas Smithe pleasure herin and in ye meane time this Courte have nomi- nated S Edward Sackuill, St Iohn Dauers, m' Thomas Gibbs, m' Deputy, D' Winstone, m' Wrote, and m' Berblock to repayre vnto the Lords att such time as they know S Tho: Smithe resolučon. [122] St Thomas Gates. 3 Sir Thomas Gates by two seuerall bills assigned 3 Shares to S' Henry Rainsforde & 3 to Rainsford and other three to Edward Morgan of London Brewer wch the Auditors haveing approved the Courte now confirmed. shares to Sr Henry Edw: Morgan The Ballatinge M' Deputy signified that wheras the Ballatinge Box was sent to yº Box deteyned by Sumer Ilande Courte of Eleccon to doe them at that time a pleasure, St Tho: Smith. Lawar for a Share Waller. 8 hee vnderstandeth that S Thomas Smith deteyneth the same, wher- vppon in regard itt was given to this Societie by m' Holoway who in gratefycačon therof bestowed vppon him a Share of Land of xij" x they thought good to appoynt m' Berblock and m' Nicholas Ferrar to demaund itt of the said St Thomas Smith wch if hee refuse to deliver then to take some other Course for the obteyning therof. 8 A Ire from y° La: A tre directed to St Edwin Sandys from the Lady Lawarr was now to be passed to mr red signifyinge that wheras m' William Waller of London Marchant had Adventured xij x 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, woh ye Courte willingly assented vnto and confirmed. ough. r .ch Dutch Millwrights M Threr signified vnto the Courte that m' Deputy had procured from Hambor- 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 wh the Company gave him thanks as a thinge of great benefitt and Comoditie to the Collony, And appoynted that the Comittees should be acquainted with the bargaine and take order for them when they come. JUNE 23, 1620 369 Lord of Southampton. Lord Cauendish. Lord Sheiffeild. St Edwar: Sackuill. St Edwin Sandys. Sr Nicho: Tufton. Sr Willia Fleetwood. Sr Io: Wolstenholme. ST Walter Earle. 23 IVNIJ 1620 A COURTE HELDE PRESENT the Right Hono: m' Tho Gibbes. mr Deputy. Dr Winstone. m' Wrote. Capt Bargraue. m' Hen: Reignolde. Capt Brewster. m' Ditchfeild. m' Ro: Smith. m' Berblock. m² Caswell. m' Paulson. m' Geo: Smith. m' Briggs. m' Cranmer. m' Bland. m' Palmer. With Diuers others. [123] Returned Mr Threr signified vnto them that the Bona Noua being com from The Bona Noua Virginia brought very good news that the Plantačon inioyed Peace health and plenty, but by reason of his exceedinge much other buisi- nes haveinge not yett pvsed the tres hee could reporte no more att present vnto them but hoped to do more hearafter. Hee allso acquainted the Courte of a very difficult worke and of great The Adventurers importance wch was referred to himselfe and D' Winstone of Collect- names printed in a booke inge all the Adventurers from the begininge into a booke to be putt in print as now determyned.¹ forth And wheras sundry fowle aspčons have been laid vppon Virginia to An Apologie to set 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 pvse itt would appeare. 1 This list was printed under the date of this Court. List of Records, no. 183, page 141, ante. 370 RECORDS OF THE VIRGINIA COMPANY m' Huddleston Comended. m' Whittakers and Hee haveinge receaved notice of the good carriage of some psonns in Virginia was specially to recomend vnto them one m' Iabez Whittak- ers Leivetennat of the Companies men who had given a good Accompt of the trust reposed in him likewise m' Huddlestone m' 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 Mr that ever came thither. porte touchinge m' iect The Comittees re- The Comittee (apoynted to treat wth m' Somerscales touchinge the Somerscales Pro- 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 15000" for wch hee would drawe a Preamble and present itt to the Courte for so many as pleaseth to vnderwrite. Mr Egelbert The other Comittee haveinge Conferrence wth Mr Eglebert, Sr Io: Dauers deliu⁹ed yt hee thought him to be a fitt man and sufficient for that hee vndertaketh and haveinge receaved his Demaunds in writinge presented them to the Court, weh beinge red was referred to y° said Comittee to consider of againe wth him against y° Preparative Courte. The Comittees re- Touchinge the Proiect of m' More for the makinge of Sopeashes Pott- ashes and the Plantinge of Hemp and fflax C' 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. porte touching m¹ More. m' Crashawe. A writinge from A writinge beinge sent from m' 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 m' Crashaw and m Deputy to conferr wth him. y' sole importacon now in Vse. one desired to haue Itt was allso made knowne that therwas another who desyred to have of a Comoditie not the sole importacon of a Comoditie not now in vse for 7 years for wch hee will give to the Company 100" p Annũ and plant 25 men every yeare for the said 7 years, and att the expiračon of the said tearme will resigne itt vpp to the Company wch beinge now considered of was referred to S Iohn Wolstenholme, Sr Iohn Dauers D' Winston, m' Gibbes and m' Cranmer to treat farther with him. [124] JUNE 23, 1620 371 Compa: Land put St Edwin Sandys farther moved that wheras itt is allredie agreed yt The Gouerm of y yº Gouerm* of the Companies pticularr Land is taken from S' George to the Care of Capt: Yeardly not that hee held him vnfitt for the managinge therof butt Nuse. 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 m' 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 - 10 men to be sent to ye Secretarie 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 pform- 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 winte' itt is verie advantagious for them to pceed 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 pformed, And that 2000" might be paid into the Comittees immediately from the Lotteries wch being well aproved wthout any opposičon being putt to the question was gener- ally allowed of. former Comit: A note beinge read wherin the Magazine Adventurers desyred this An Adicon to a Courte to appoynte a Comittee to ioyne wth some they had allredie touching y Maga- made choyse of for cleeringe the Accompts betwixt them aboute the zine Accº: George that the Maister and Owners therof may receave sattisfaction itt was very well approved and to that end have nominated m¹ Deputie, m² Wrote, m' Cranmer, m' Briggs and m¹ Bland to end not onely this butt what difference else in matter of Acc°: may be betweene the Company and the Magazine, and to meete vppon Twesday morninge att 8 of the Clock att St Edw: Sandys. • 372 RECORDS OF THE VIRGINIA COMPANY Courte wherin Sr A former order of The order of Courte beinge read wherin S' Tho: Wroth declared him- Tho: Wroth dis- selfe to be of a contrary opinion in the Cleering of Capt Brewster was sented in opinion said by m' Threr, and m' Deputy to be vntruely sett downe to the said to be vntruly wronge of the Courte as many other orders had formerlie beene and sett downe that itt was penned by another and not by the Secretarie for certify- inge of wch itt was referred to St Edward Sackvill and m' Deputy, and for that wch m' Threr hath duly done in rectefyinge the orders the Court hath now approved and given him thank for the same. ye safftie of Vir- r The Comittee for The Comittees appoynted by the Virginia Court and ye Sumer Ilande ginia & So: Ilands Courte to Consider of the best Course for the safetie both of Virginia and the Summer Ilande are entreated to meete att S Tho: Smithe uppõ Twesday in the Afternoone att 3 of the Clocke. [125] desired to meet The Comittees for The Comittee for the Orders psented by m' Berblock are desyred to by m² Berblock to meete att St Edwin Sandys vppon Satterday att 4: of the Clocke. ye Orders pnted: meet Threr mony pd into m² My Lo Cauendish now paid to m¹ Threr for yt wch was owinge by sub- scripõon 50": m' Tho: Bond brought in 37: 10°: Iohn Zouch esqr 25¹ and m' Iohn Ferrar 12": 10°: in all 125": 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 sundry bills al- shares by Sr Thomas Gates, vizd to St Phillip Cary 14: to m¹ Fraunces lowed and passed. Challoner 5: to m' Henry Box: 3: to m' Thomas Vyner: 2: to m¹ Wil- liam, m² Arthur, and m' Thomas Swaine 3, to m' W" Swayne one, to m' Anthony Biddolph one, to m' Georg Clerk one to Mr William Wat- son one, to M' Richard Greenway one, to m' Iohn Laurence one, to m' Thomas Stubbins one, Likewise 4 shares to m¹ Iohn Halsey vizd to m' Richard Lambe one to m' Iohn Lamb one, to m' Iohn Budge one, to m² Thomas Wetherell one Lastly one share to m¹ Phillip Iermyn esq' by Capt Bargraue. ters com ouer m 4 Dutch Carpen- M³ Threr acquainted the Court yt the 4 Dutch Carpenters poured by m' Deputy 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. JUNE 26, 1620 373 26 IUNIJ 1620. AT A COURT THEN HELDE WAS PRESENT right Hono: Earle of Southampton. Lord Sheffeild. St Edward Sackvill. St Edwin Sandys. Sr Dudley Diggs. St Nicho: Tufton. Sr Io: Dauers. Sr Phillip Cary. SH: Fleetwood. mr Iohn Wroth. m' Gibbes. m' Deputy. m' George Sandys. Dr Winston. m' Herbert. г mr Wrote. m' Rob: Smith. m❜ Reignolde. m² Berblock. m' Casewell. m¹ Bull. m' Swinhow. mr Cranmer. m' Geo: Smith. mr Robts: wth many others. Comittees chosen Threrr Mr Threr signified that accordinge to the order vppo his močon in the 12: out of y° 16: last Court for a Ship to be dispeeded vppon the occasion there exprest to seal ye charter the generall Comittee hath mett, and resolved amongst themselvs that partey and m' Dep- out of the 16: they would make choice of 12: wch should vndertake uty to be ther this charge beinge content themselvs if y° Court should so desire to seale the Charter ptie and to lay out so much monny for that purpose as is needfull; for weh end amongst themselvs they have made choyce of m❜ Deputy to be their Treasuror [126] and reckninge the charge to ye Lotterie be about 2000¹i they desire the order of the Courte to save them harme- Warrnt for 2000¹ less as in like case hath beene given in like ease to m' Threr and mr to be paide out of Deputy, And moreouer for their better securitie moved that a warînt 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 ereccon of hands. 374 RECORDS OF THE VIRGINIA COMPANY The Comittees allso reported that they had seene a Ship wch they well liked of as fitt for that vse. r The order referred The order referred to St Edward Sackvill and m' Deputie in the last to S'Edward Sack- m' ch vill and mr Dept Courte to be drawne was now presented by them weh beinge read to touching Capt the Courte was allowed and by ereccon of hands agreed that itt should Brewster lyked take possession of the former in the same place. suppressed. Capt Argolle re- Wheras Capt Argoll complayneth that mr Trer vppon the hearinge porte of writtings of the cause betwixt Capt Brewster and him did suppress divers writ- ings wch might have stood him in great steed the Courte pceivinge no such thing & being sattisfied of the contrarie will vppon all occa- sion iustifie that reporte to be false and malicious. agreed to be heard in Courte. Capt Argolle cause 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. Added. 2: or 3 Lawes to be M¹ Threr signified that the Comittee for the standinge orders doth recomend 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. printed. Standinge Lawes Vppon wh itt was moved by m' Robert Smith for the better accomo- ordered to be datinge of every pticular 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. A Comittee. Itt beinge made knowne that sundry of the Comittee by order from this Courte beinge to meet with a Comittee by order from the Sumer JUNE 26, 1620 375 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 St Nicholas Tufton, Sr Walter Earle, and St Phillip Cary who promised to give their Assistance. [127] m² Thřer allso acquainted them that forasmuch as a Charter is in a Charter for Es- tablishinge diuers Pparing for m' Thorpe, m' Nuse, and m' Porey, wch is to be con- Officers 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 Iohn Zouch Pat- Zouch esqr to be then ratefied, & likewise that since the Confirmation tent. Patt. of the Pattent for Southampton Hundred, some are gone outt and South: Hundred 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 tente. a Duplicate of such Pattents as are graunted here should be sent to Duplicate Pat- Virginia wch m' Threr said should all be sealed in open Courte as all other things yett had been during his time. Next hee acquainted them of 2 things weh hee pfessed to take no delight in butt for the Companies sake hee was content to pcure to himselfe a great deale of ill will and malice because hee would not see them abused. ye Counsell touch- Sr Nath Rich. The first conteyneth a pceedinge of the Counsell vppon a Peticon The proceedinge of exhibited vnto them by Capt Argoll wch pceedinge (as is informed) inge Capt Argolle was drawne by S Nathaniell Rich, and a Coppie therof given to Cap- Peticon drawne by taine Argoll by the Secretary, vnto wch the said Captaine hath gotten divers of yº 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 ptners, wch were a choyce not convenyent. 376 RECORDS OF THE VIRGINIA COMPANY Essington Peti- inge ye present gouerment. Mr Caninge & Mr 2 Att a meetinge att St Thomas Smith for the magazine wch they had St Tho: noe power to doe (haveinge no leave from the Courte) a Petičon was Smith scandaliz- deliu9ed to St Thomas Smith by m' Caninge and m' Essington layinge great aspoons and scandalle vppon the last years gouerment much praysinge yº former Whervppon the said m' Caninge and m² 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 Alder: Iohnson m' Alderman Iohnson in many poynte, amongst the rest one Article betwixt the Compa: & y° 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 Argum¹ did arise betwixt his LoP: and m' Alderman, and amongst other things his Lo": affirmed that vppon request of the said 80 & odd pounds m' 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 Lo: of Southamp- vnto itt, as wishinge peace and quiettness, butt m' Alderman deny- inge the same did say that there was not a word true, vppon wch his LoP: pduced a writinge signed by the Audito" 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] remitted to Alder: Iohnson by my ton. Sr Nath: Rich to be ffor the ffirst poynt because itt concerneth S Nathaniell Rich it was thought good hee should be warned to the Quarter Courte warned to ye Quar- ter Courte. S' Dudley Digs ap- The Second poynt after a full examinačon was agreed to be disavowed poynted to draw a writinge C to be by an Acte of Courte to wch purpose they entreated S Dudley Diggs presented to Sec- to drawe a writinge accordinge to his writinge understandinge wch reta: Naunton. beinge approved by the Courte the Councelle Seale might be affixed and deliuered to m' Secretary Naunton to present to the gracious veiwe of his May: Whervppon S Dudley Diggs vndertooke the Taske and dictated in this manner followinge Ivne 26: 1620 draught S Dudley The tenor of y Itt appeareth att this Preparatiue Courte that a pryvate meetinge of some gent9 and Marchante att S Thomas Smithe house in his bed Diggs made JUNE 26, 1620 377 Chamber vppon ffryday the 16th day of Ivne 1620, wher ther was no sufficient authoritie, one m² Caninge delivered a Peticon to St Thomas Smith conteyninge yº applauding of his former gouerment and much scandalinge the pceedinge of ye present the pretended end of this Petičon beinge onely to obteyne ye dissolučon of an iniunction in a pryvate sute graunted Capt Bargraue against S Thomas Smith, m' 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 Peticon was now with the Kinge and a figg for the piper, wch malicious kinde of pceedinge to advance craftylie or impayre falslie mens reputacons 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 names of those that were present at that Assemblie & now openly in this Courte protested their dislike and disavowinge of that Peticon and the proceedinge there ensuinge Sr Iohn Dauers. m' Robert Smith. m² Berblocke. m' Casewell. Sealled by order of Courte and recomended to m' Secretary Naunton to be humbly psented by him to ye most gracious veiwe of his Matie [129] mr Swinhowe. m' George Smith. m² Bull. mr Roberte. Woh 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. • 378 RECORDS OF THE VIRGINIA COMPANY enfranchised m' Dauid Bennett Mr Dauid Bennet for the love of m' Nuse hath brought in 37": 10°: 00d whervppon hee was admitted into the Societie agreed that itt shalbe disposed accordinge to the former order. tõ allowed 50: rendred vizd to Ea: of Southamp- The Right Honorable the Lord of Southampton who sent Tenn men as Acres a peece for now appeared with the Lo: Lawarr was allowed accordinge to order & 10 men weh he sur- custome 50 Acres a peec wch hee surrendred presentlie away vizd 4: of them to m' Thomas Riseley, 2 to m' Porter, 2 to m' Gifford, and 2 to W™: 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. Whetcombe 1 Share to m² M* Harper assigned one share to m' Whetcombe, and wheras S¹ Fraun- 1 to m' W™ Pollard cis Parrington hath formerly assigned 2 shares one to W: Pollard 1 to Henry Hick- and theother to Henry Hickford wch the Courte allowed of, Now the ford who assigned said Henry hath resigned his share vnto Iohn Martin Marchanttaylor. 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 Honote The Lord Pagett. St Edwin Sandys Therr. Sr Iohn Dauers. m' Wroth, m' Gibbes. m² Palauacine. m' Iohn Ferrar Depty. r m' Tomlyne. m' Reignolde. JUNE 28, 1620 379 m* Iohn Smith. Captaine Nuse. m' Robt: Smith. m² Nich: Ferrar. m' Oxenbrige. Capt Brewster. m' Caswell. mr Roberte. m' Bromfeild. m² Berblock. m² Bull. mr Swinhowe. m' Wrote. m' Essington. m' Briggs. m' Mellinge. m' Palmer. m' Newporte. m' Cuffe with others. A Charter pty beinge read for establishinge of Deputies for y° Colledge a Charter party. and this Compa: & for y° Secretaries place was well liked and agreed to be ingrossed. Addičon of Counsellors m' Threr declaringe the necessitie of some such to be added to the Counsell as were cheiflie to give attendance att the Courts, signified of a pap 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, St Edward Sackuill, m'Sam: Wrote, m' Tho: Keight- ley [130] m' Tho: Sheppard, m' Robert Smith, m' D': Winstone, and m'D': Gulstone, wch was referred as all other things now agreed of to the Confirmacon of the afternoone. cellors in Virginia Vppon notice from St George Yeardley y' the Councellors in Virginia Supply of Coun- must needs be supplyed, the Court hath now chosen m' Thorpe, m' Nuse, m' Pountus, m' Tracy, m' Dauid Middleton, and m' Bluett to be of the Councell of Estate in Virginia. Wheras itt is agreed that a Ship shall presentlie be sent with 120: Per- Bona Noua a war- rnt for paym¹ of sons and that a warrnt should be made to the Officer of the Lottery 2000" for paym¹ of 2000¹i: to the Comittee for their better securitie for wch they are to accompt for the warrant beinge now putt to the Question was ratefied. 380 RECORDS OF THE VIRGINIA COMPANY att iijd pl fraught. Magazine Tobacco And wheras allso 3d a pound for the fraught of the Magazine Tobacco was offered to m' Wiseman if hee would touch att Virginia and take itt in m³ Thñer offered that for bearinge pt of the charge of this Ship if the Adventurers thought good they would vndertake itt att that price, wch the Adventurers sent assented vnto beinge putt to the question. m' Iames Bagg 5 Shares giuen to The Courte was enformed of m' 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 Auditor 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 ereccon of hands was ordered to be five. sute against m' Touchinge the A Peticon exhibited by m' Wrote and m' Berblock concerninge the Companies suite against m' Wye being read was allowed agreeinge itt should be sealled by the Counselle Seale and signed by the Secretary. Wye. in one of ye stand- inge Orders. mistake of a clause Wheras three standinge lawes were the last Courte presented to be read accordinge to order from the Comittee and Counsell, Mr Threr 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. printe. Standinge Orders Itt was agreed vppon the močon of the last Courte that the standinge to be putt in Orders shall presentlie be putt in printe and annexed to a booke newlie come out by order from the Counsell, woh booke shalbe given to everie one of the Courte this afternoone.¹ tent ch Southampton Pat- Mr Threr 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] 1 This is the book cited on page 286. JUNE 28, 1620 381 adventur 100 al- vnto her. Hee morouer reported that S Ferdinando Weynman adventuringe Sr Ferdi: Wenman 100: wth the Lord Lawarr (besides the adventure of his pson) who lowed vppon Acco: dyed there and leavinge one only Childe behinde him a daughter; to his daughter & hee had receaved a Ire: from the Ladie Lawarr that shee was content 4 shares giuen 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- tor: And have further agreed to allow vnto her for the adventure of his pson beinge a man of that worth 4 shares wch was confirmed by erecõon of hands. .cb Frauncis Carter assigned 2 shares to m' Tobye Palavicine web was 2 shares to m allowed by the Auditor and confirmed by the Courte. Iohn Gray vppon the like approbačon assigned two shares to m² 2 Richard Baynam of London Goldsmith. Toby Palauicine. Baynham. I' Christo: Lawne al- A peticon was exhibited by the Executo" of m' Christopher Lawne Executor of to have the fraught given them of such goods as are now returned lowed for ye pas- beinge 800 weight of Tobacco; The Courte not houldinge itt requisite sage of 2: men. for president sake to allowe the fraught: butt in regard of the great charge and losse, the said m' Lawne hath been putt vnto and sus- teyned in his pryvate Plantacon, 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. Certaine Articles beinge preferred by the Societie of Martine Hun- Martine Hundred. dred being read pt of them were allowed of and the rest aunswered. Mr Iohn Zouch his Pattent for a pticularr Plantačon was now read Mr Io: Zouch his and approved. Patent 382 RECORDS OF THE VIRGINIA COMPANY 28TH IUNIJ 1620 A GREAT AND GENERALL QUARTER COURTE HELDE IN THE AFTERNOONE AT MR FERRAR 28th IUNIJ 1620: PRESENT ye Right Honorable Earle of Southampton. Earle of Dorsett. Earle of Warwicke. Earle of Deuonsheire. St Edward Sackuill. S Nicho: Tufton. S'Edwin Sandys Threr. St Thomas Roe. ST Tho: Smith. St Dudley Diggs. HOUSE. Lord Cauendish. Lord Sheffeild. Lord Pagett. Sr Ferdinando Gorges. Sr Iohn Dauers. St Antho: Aucher. ST Nath: Rich. St Phillip Cary. S Tho: Weynman. Sr Walter Earle. Sr Iohn Wolstenholme. wth diuers others. [132] M² Therr 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 Ratyficačon of them was referred vnto this great assembly. Great Charter Con- ffirst the great Charter read in the last Quarter Courte was now againe read and by ereccon of hands confirmed and ordered to be sealed. firmed Thorpe C Con- firmed. Chart: for m' Then the Charter for m' Thorpe, m' 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. JUNE 28, 1620 383 chosen & con- firmed. M' Threr propounded the names of such as by the morninge Courte 8 new Counsello were chosen of his Maties Counsell here for Virginia, namely the Lord Haughton S Edward Sackfeild, m' Samuell Wrote m' Thomas Keightley, m' Thomas Sheppard, m' Robert Smith, D' Winstone, and D' Gulstone, who being againe seuerally putt to the question were by errecčon of hands confirmed. Earle of Hunting- Then was there further chosen to be of his Maties: Counsell for Virginia Earle of Dorsett, the Earle of Dorsett then present The Earle of Huntington, and m' ton & Dr Anthony Doctor Anthony. chosen to be of his Matics Counsell. be giuen to ye Earle of Huntington & And vppon the reporte of m' Threr of the many and great favours Thanks ordered to that the Earle of Huntington and Bath had this year done this Com- pany in the procuringe of many fitt and vsefull psons sent to Virginia Bath. Itt was ordered that the Courte especially thanks should be signified to them by letters. ginia Likewise the Councellor of Estate in Virginia propounded in the 7 new Councellor forenoone were againe by erreccon of hands confirmed, namely mr of State in Vir- Thorpe, m' Nuce, m' Tracy, m' Pountus, m' Middleton, m' Bluett and to them was now added m' Horwood the cheife of Martin Hun- dred. The matters concerninge the Ship and Voyadge now psentlie intended Touchinge ye were in the same manner as in the morninge ppounded and all ratefied Shipp. and confirmed by errecĉon of hands. I The five shares graunted by the Courte in the forenoone to m' Iames 5 Shares to m Iames Bagg Con- Bagg Iunior were againe putt to the hands and confirmed wth many armed. great thanks. [133] The Peticons exhibited by m' Wrote and m' Berblock beinge read and The Peticon by approved in the forenoone was now confirmed. mr Wrote Cr. The printinge of the standinge Orders and anexinge them to the booke Printinge of ye formerly ordered to be sett out beinge propounded in the Preparative standinge Orders. Courte by m' Robert Smith and well liked of by the mornings Courte was now fully ordered to be instantlie done. 16455-VOL 1-06-25 384 RECORDS OF THE VIRGINIA COMPANY S' Fra: Weynman. The allowance of Land graunted to S Frauncis Weynmane was againe by ereccon of hands confirmed. sealed. m' Zouch Pattent 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 M' Zouch. nes lefte to yo Cap' Argolle buisi- The Counsell findinge Capt Argolls buisines intollerable trouble some Courte to judge and vnderstandinge themselues to be vnduely stayed ||taxed refused to pceed any further therin butt to leave itt to the decydinge and iudginge of the Courte wch was by the generallytie accepted and ratifyed. and decyde. con put of till a fitter tyme. 8 Nath: Riche mo- This done m' Threr the second time surrendered his place, att wch time S Nathaniell Rich offeringe to move concerninge some asperčons 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. amptone report of Earle of South- The Earle of Southampton acquainted this Courte that himselfe wth his p'senting their the rest of the Lords and gentlemen requested thervnto by the last desire to his May: Quarter Courte had presented their humble desires vnto his Mate for for the free elecĉon the free eleccon of their Treasurer whervnto his Matle: had most gra- of their Threr. 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 psonn. And further declaringe that itt was the mistakinge of the messenger haveinge not His Made: intend- receaved his message imeadiately from his owne royall mouth to exclud Comp": from their them from the libertie of choosinge any butt the fower nominated butt whome his Mats: intent was indeed to recomend butt not so as to barr the Compª: from the choyse of any other. ed not to barr ye free eleccon The Comp: Whervppon the wholl Courte rendred to his Matie: all humble thanke to his Ma': by writ- and ordered that by writinge itt should be signified vnto his Mate: [134] thanks to be giuen inge ampton nomi- Earle of South- Then m' Herbert delivered vnto the Company that wheras by some nated and chosen distractions and discentions in the Company the buisines much suf- fered in the reputacon and otherwise, they should now thinke vppon some Person of such worth and authoritie as might give full remedie Therr JUNE 28, 1620 385 thervnto; wch since itt could not be pformed by the late Třer 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 psonages then sent to vouchsaffe to accept of the place, who by adičon of Nobillitie might effect that wch others by meere habillytie could not doe. Wch močon 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 Plantacon and Company from the ruines that seemed to hange ouer itt hee would vouchsaffe to accept of the place of Thñer. Wch itt pleased him after some finale pause in fine to doe in very noble manner out of the worthie love and affecčon that hee bare to the Plantacon 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 wout nominačon of any other by erecčon of hands his Lo³: was chosen Třer and tooke his Oath. Wch done his Lo: desyred the Compa: that they would all putt on the same myndes wth woh hee hadd accepted that place. And the Courte further declared themselvs that itt was not their a Disspensacon intent that his Lop: should be further bound to the pformance of the buisines of this Courte then his owne more waightie buisinesses did permitt. ffor place of Deputie this Courte nominated m' fferrar m' Keightley Mr Io: Ferrar cho- and m' Cranmer who beinge putt to the Ballatinge Box m' Ferrar was sen Deputy. chosen by pluralitie of Balles: who tooke his Oth. Sandis Sr Iohn ffor Auditors were Chosen St Edwin Sandys, Sr Iohn Dauers, m' Auditors St Edwin Wroth all three of the quorum, And S Edwin Sandys, who said that Dauers m Wroth though hee had been head hee would be contented to be the foote for m' Ferrar m' ye benefitt of yº Plantacon was allowed to follow itt att large as his Keightley m owne buisines gave him leave The other 4: were m' Ferrar, m' Briggs m' Cran- mer 386 RECORDS OF THE VIRGINIA COMPANY Hamford & m' Ab- m' Abbott, m' Keightley, m' Briggs and M'-Wroth And m' Abbott, m' Hamford, dy Auditors for Sr and m² Abdy, whom St Thomas Smith the former yeare desyred to be admitted as Adventurers Auditors on his pte were continued againe takinge their Othes as the rest. [135] Tho: Smith. The Comittee yt were chosen are theise. generall Comittee mr Cranmer. vizd m' Bernard. m' Boothbie. mr Bland. m' Wiseman. m' Nicho: Ferrar. mr Chambers. mr Iones. r m' Wheatley. mr Clarke. Secretary. m' Berblock. r m' Bull. m' George Smith. m² Caswell. m' Mellinge. m' Darnelly. m' Collingwood M' ffotherby the Secretary offered to give vpp his place in the due pformance wherof the Company pceivinge him to have been some- way faulty hee was discharged and m' Collingwood recommended by my Lord of Warwick and S 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 5" due to Mr ffotherbie for his wages to bestow vppon him 10". Husband & Bea- Mr Webb was chosen Husband and m' Carter Beadle. dle. lowed his quietus Companies thank- S Ed: Sandis al- Sr Edwin Sandys desyred his quietus est, his Accompt haveinge est and to haue a accordinge to order of Courte lien since the last Quarter Courte vppon testimoniall of ye the Table and no excepĉons taken thervnto: wch the Courte not onely assented vnto butt further allso declared themselvs that itt should be referred to a select Comittee to give him a due testimoniall vnder ye Companies Seale of his worthie service this last yeare performed as likewise by some proporčon of Land to testifie their greate thankfull- nes vnto him. fullnes and a ppor- con 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 pceeded in. [136] JULY 7, 1620 387 some proporcon of Itt was likewise thought fitt in regard of the extraordinary paines of Comittee to haue the Comittees the last year that the Company should shew their Land. thankfullnes vnto them in the like kinde in bestowinge some portions of Land vppon them. sented m' Canings Peticon S¹ Thomas Smith in this last Courte acquainted them wth a mistak- Sr Tho: Smith pre- inge that a Peticon exhibited vnto him by m' Canninge should be sent to ye King woh hee now pduced and offered to shew vnto the Courte. ch A COURTE HELD IN THE AFTERNOONE ATT m² ffERRAR HOUSE 7 IULIJ 1620 THER BEINGE PRESENT the Right Honorable Earle of Southampton Thřer. Sr Edward Sackvill knt. Sr Edwin Sandys kt. Sr Thomas Roe knt. Sr Iohn Dauers knt. Sr Iohn Bourchein kt. S' Phillipp Cary knt. St Thomas Wroth kn*. Lord Cauendish. Lord Pagett. m' Thomas Gibbes. m' Toby Palavicine. m' Brooke. m' Earle. mr Herbert. mr Docter Gulstone. m' Oxenbridge. m' Deputy Ferrar. m' Dauid Bennet. I m' Reignolde. m' Tomlyne. m' Keightley. m² Hanforde. m' Stiles. m' Bull, m' Scott, m' Abdy, m' Cranmer, m' Shepheard, m' Rugele, m' Foxton, m' Ed: Palavicine m' Nicholas Ferrar, m' Berblock m Edwards m' Casewell, m' Cartwright, m' Challoner, m' Widdowes, m' Whitley, m' Georg Smith, m' Baynam, m' Morewood, m' Ether- idge, m' Barron, m' Mellinge, m' Woodall wth divers others. ter menaginnge of St Edwin Sandys signified vnto this Courte that hee had a Proiect of St Edwin Sandys speciall importance woh hee much desyred before the Acts of y° former Proiect for ye bet- Courtes were read to imparte vnto them, for that itt maynely con- y affaires in Vir- cerned the better menaginge of their affaires in Virginia, and good ginia advancement of the Plantañon there. 388 RECORDS OF THE VIRGINIA COMPANY Vnitie 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 with the Comittees beinge generally rati- fied by the Courte doth here ensue. [137] Proposicons considerable for ye better menaginge of the buisines of the Company and aduanceinge of yº Plantacon of Virginia in this yeare 1620 The late distracčons of the Company by partiallities and facĉons 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 S Thomas Smithe Accompts be divided into fower partes vizd: 1: Receipte by monneys Adventured, 2: Receipt 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 pfeccon For y receipte by Aduenturers Sr Iohn Dauers. Sr Edwin Sandys. For yº Receipt by Lotteries wth paym' (m' Iohn Wroth. of the Prizes and other Charge m' Henry Brigs. For yº Receipte by Goode from Vir- (m' Iohn Ferrar Deputy. ginia with fines and Collecõons Cr For the Disbursment、 ... m' William Cranmer. m' Thomas Keightley. m' William Cranmer. JULY 7, 1620 389 ffor other Accomptants who refuse or forbeare to be ordered by the Auditor lett them accordinge to a former order of Courte be convented by the Counsell and ther the differences be ended and right done to y° Compª: [138] Touchinge the buisines concerninge Captaine Argoll wch divideth itt Capt Argolle buisi- selfe into three partes. 1 Matter of State, 2 Depradačon of the Pub- nes. lique with other wrongs done to the Company. 3 oppression of the Collony wth wrongs to pticuler psonns Lett each parte be comended 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. For the matters of State For Depradation of yº Publique... For oppression of y° Collony C.. ST Iohn Dauers. m' Samuell Wrote. m' Edward Herbert. m' Herbert. m' Keightley. m' Wrote. St Edwin Sandys. m' Iohn Ferrar. m' Iames Berblock. The next principall matter is the reputacon and Iustice of yº Company Reputacon. 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 examinacon & Collecčon of those Debte and present the same to the Courte in the begininge of the next Tearme. These matters and troubles in the way beinge thus cleered, itt fol- Monny loweth to pceed in the advanceinge of the Plantacon. The foundačon wherof is the gettinge of monny beinge the Synews and moving Instrum™ in these greate Actions. 390 RECORDS OF THE VIRGINIA COMPANY 1 2 3 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. The Second is the by Debts due to the Company vppon subscripcons wherof ther remaynes yett sixteen Thousand pounds. [139] 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 Collecĉon be made of all those Debts remayninge to be divided after- ward into three parts accordinge to the seuerall quallyties of the psonns indebted; The ffirste Noblemen, The second Knight 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 pts And those that are or shalbe in the Cittie to be solicited in psonns the rest by Ires to be prepared by these Solicito" and signed as heretofore by all the Audito™s wherin allso this discrečon is to be observed to begin wth the best Debts first and so to the other. For yº Lorde.. For yº Knight & Gentlemen. For Marchant & Cittizen、……….. St Edward Sackvill. Sr Iohn Dauers. St Robt Killigrew. St Thomas Roe m² Brooke. Sr Henry Rainsforde. m' Gibbes m' Berblocke. m' Wrote. Sr Iohn Wolstenholme. m' Iohn Ferrar Dept. m² Richard Caswell. m' 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. JULY 7, 1620 391 The fowerth kinde is the remayne of the monneys by Collecčons there 4 beinge yett nine Bishopps from whome nothinge hath come in. There must be some therfore appoynted for the soliciting of their Lops. St Edward Sackvill. For ye Solicitinge of ye Lord Bishopps.. S Dudley Diggs. m² Morice Abbott, [140] Haveinge made these preparacons wee are in the next place People to pceed to the imployinge of these monneys to the benefitt of the Plantacon 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. ffor people I advise that this yeare there be sent att the publique charge to Virginia 800 choyce psonns. 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 dispsed 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 ptlie by a printed publicacon of the supplies intended together wth yº Con- dicons 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- 392 RECORDS OF THE VIRGINIA COMPANY Cattle Comodities. viding being dispatched wth 120 Personns the rest may follow after in the very begininge of the Springe.' Touchinge Cattle C these are requisite to be sent 100 Kine for this Addičon of 500 Tenante. 100 Kine more to remayne in ppetuall Stocke vppon the Com- panies Land to be sent to new Planters as hath been formerly ordered. 400 Goate from Wales. 20 Mares. 80 Asses from Fraunce. [141] 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 pticulerly appoynted to the seuerall parts and kindes. For yº Kine Goate and Mares. For yº Asses m' Iames Bagg. m' Richard Wiseman. m² Iohn Blande. mr Abraham Chamberlyn. m' George Chambers. m' Iames Bagg. Prouisions necessarie for y° settinge Vpp of y Staple Comodities are these. ffor Silke to pcure 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. ffor Oyle besides great quantities to be made out of their great store of Wallnute Olive plants may be allso pcured 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 pcure plants as likewise from the Canaries. This publication was included in the Declaration of June 22, 1620. List of Records, No. 183, page 141, ante. JULY 7, 1620 393 ffor Hemp and Flax, Sope Ashes, and Pottashes Pittch and Tarr to pceed in the treaty with m' Moore who hath offered to pcure men skill- full in those Trades from the Easterne parts. ffor Fishinge first to sett vpp m' Pountus againe by making vpp a Stock of 1000" 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 peticon 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 pcure them from ffraunce and by all meanes to sett forward the makinge of itt in aboundance beinge a very great help to encrease the Plantačon. ffor Iron theris sufficient done allredie. [142] And for Sawinge Mille besides those allredie gone this Springe there Sawinge Mille. are lately com from Hamburrough fower men very skillfull to be sent in the next Ship. Itt is verie necessarie for the benefitt of the Collony that divers skill- Mill Wrighte full Millwrights be provided and sent to sett vpp Corne watermille in the seuerall parts of the Collony. a Pinnace for trade and traffique. Itt is allso convenyent that the Deputie for the Company have a Pin- Deputy is allowed nace and other Boats belonginge to him to traffique and trade for the Company and their Teñants vnder his charge. 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 pticularr psons. for The Silkworme seed Oliue Plante m' Abr: Chamberlin. m' Rich: Wiseman. and Vines For Salte men mr Arthur Bromfeild. m' Abra: Chamberlyn. 394 RECORDS OF THE VIRGINIA COMPANY Gouerment 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 with their effect, Peace, Plenty and Prosperitie. This parte requireth the serious consultačon 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 plsented to his Maties vewe and beinge there approved may receave confirmacon allso of a Quarter Courte, and lastly the assent and ratificačon of the Collony. Some small dyreccons herin I wilbe bould to offer, I wish that a Com- ittee be made of twelue select psonns for the Compylinge into a bodie the Politique Lawes and Magistracie of England-necessarie or fitt for that Plantacon wch pt to be comitted to fower learned gentlemen pro- fessors of the Lawe. [143] Constitučon for ye The Second to be a like collecčon of Orders and constitučons allredie generall Gouermt. in beinge wch are prop and peculier to this Collony. Wherin first to gather those that are to be found in his Mãties teres Pattente and Instrucčons. Secondlie those that are conteyned aswell in the Booke of the orders for the Company as allso in the seuerall Charters, Com- issions, and Instrucčons, 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 with 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 reformačon or a supply to be made agreeable to yº 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. m' of each Cittie. t Perticular Gouer- A Thirde parte remayneth of the pticularr Gouerm by way of Incor- poračon for every Cittie and Burrough wch I wish may be for all of one and the same modell vniformitie beinge not onely a nourisher 1 JULY 7, 1620 395 of Amytie butt allso a greate ease to the Generall Gouerment. This pte is to be comitted to fower Comittees expert in the gouernment|| of the Corporačon of this and other Citties of this Realme to frame out of them a forme moste fitt for yt people. These pticuler Comittees haveinge brought their laboures to an end Counsell to peruse they are then to meete and out of these pts to make an wholl entire the said Lawes. bodie of Lawes and Magistracie for that Gouerm¹. to be presented by them to the Counsell and being ther reformed or allowed to pass on to the gracious veiwe of his Matie: ence to his Matie And here I wilbe bould to putt the Councell in mynde of one princi- Lawes to hold y pall parte of their dutie and Oath to have care by wise and pollitique Collony in obedi- constitučons to hold the Collony in assurednes of firme and ppetuall loyalltie to his Matie, and this Crowne, wch Cautian in regard of the farr distance of that place I hold to be necessarie. [144] ffor matters of Religion I thinke itt requisite that the Comp": desire Religion direcčon 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. ffor matter of strength by way of ffortificačon I referr to yº treatie Fortification. wth m² Englebert. The Millitarie discipline requires a Comittee by itt selfe of men most Millitary disci- iudicious in that profession. These things pformed the Plantacon I nothinge doubt will prosper and our selves give good Accompt of our pceedings to his Mātie: St Thomas Roe. mr Christo: Brooke. pline For ye Lawes of England. m¹ I 1 ¹ Seldon. m' Edw: Herbert. m' Phillip Iermyn. Blank space in the manuscript. 396 RECORDS OF THE VIRGINIA COMPANY St Edwin Sandys. Sr Iohn Dauers. For ye Orders for Virginia. m' Iohn Wroth. For y Perticular Corpora... For Millitary Discipline m' Sam: Wrote. m* Robtt Heath Recorder. mr Robtt Smith. m' Nicho: Ferrar. m' William Cranmer. m' George Chambers. Sr Edw: Sackvill. S' Dudley Diggs. Capt: Bingham. Capt Lawrence Maisterson. Capt Iohn Bargraue. [145] The charges of this Proiect are estimated thus. 500. Tenante att 16": the personn 300 Maides, Boyes and Servants 200 Kine att 10¹ the head…….. 8000" 2000" 2000μ 400 Goates att 311 10° the Goate.. 020. Mares att 15¹ a peec. 1400" 0300μ 080 Asses att 71 10° a peec 0600¹ A Pinnace. 0250¹ Settinge vp the fishinge of m¹ Pountus 0250" Procuringe of Vigneroones, Saltmen, for Silkwormes, for Flax, for Hempe, Pottashes, and Sopeashes wth plantes & all Materialle 1000μ Discharging ye olde Debte yet remayninge of St Thomas Smithe time 2000 Totallie... 17800¹ JULY 7, 1620 397 Meanes of raysinge this sum, as may be reasonably estimated. By Lottaries.. By Debte vppon subscripčon one third parte. By Collection for yº Colledge By Debte Vppon Accompte and Reckoninge 8000¹1 5300 0700li 4000li 18000li rors in St Tho: Memorandum that in the Auditinge of St Thomas Smiths Accompts difficulties or er- itt was Offered by the Audito" that such Difficulties and errors as Smiths Accompte should occurr, they would from time to time impart to the Auditors are to be imparted chosen by St Thomas Smith and if by their help y° points might be to ye Auditor cleered they would rest so sattisfied: if otherwise accordinge to the generall orders they would bring them to the Courte from thence to receive resolucon and sattisfaceon ||direction||. [146] chosen for him. pening of ye Order In handlinge of these buisinesses St Thomas Wroth verie S Tho: Wroth ex- vnseasonablie (as was thought by the Courte) interposed some mat- cepcone against yo ters of question aboute ye settinge downe of this proceedings in dis- by St Edward centinge from the whole Courte aboute the acquitinge of Captaine Sackvill Cr Brewster wch was iustified by St Edward Sackvill now trulie sett downe haveinge beene form9ly mispenned by St Thomas Wroth and the former Secretarie. In fine yº Court deliu9ed their opinion that S Edward Sackuill and m' Deputie had sett itt downe verie truly and that St Thomas Wroth was in the wronge & deserved blame. ch A tre was presented to the Courte from the La: De Laware signifiing A tre from yª La: Lawar against Capt that Capt Argoll had wrongfully taken away certaine of her goods Argoll for detey: from her late Husbands servants in Virginia for woh hee hath as herseruante goode. 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. ing ye generall Ire Sr Iohn Dauers, and St Thomas Roe are appoynted Comittees to Comittee for draw- drawe a generall tre to his Matie: to preserve the ffishinge at Cape Codd to his Matie con- free and indifferent to both the Collonies as was intended in the first cerning a free fish- Pattent and beinge drawne to present the same att the next Courte inge att Cape vppon Wednesday. Codd. S 398 RECORDS OF THE VIRGINIA COMPANY inge a Peticon to his Matle: concern- Comittee for draw- Itt was likewise then desyred that itt would please my Lord: Cauen- dish & S¹ Iohn Dauers to draw an other generall Petičon vnto his ing ye Proclama- Matie concerninge the late Proclamation against the generall & vnlym- ited importacon of Tobacco Cr. weh the Courte conceaved would tend to the vtter ouerthrow and destruccon of both Plantations." čon Cr. prouisions and cer- ordinance. warfnt to take in A močon was made by peticon that the Compa: would please to taine Peeces of graunt vnto the peticoners now bound for Virginia that they may have a warrant to take in provision and certaine peeces of Ordinance fitt 2 Comissione for and necessary for a Plantačon 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] Shipps tent. Somerscales Pat- The Courte was pleased vppon request to appoynt these Comittees for drawinge of M' Somerscales Pattent vizd. S' Iohn Dauers. M' Herbert Mr Deputy Ferrar, Mr Gibbes. Patent for S Tho: A močon was made likewise for a Pattent to be graunted to St Thomas Weynman and his Associates to plant in Virginia. Weynman. Mounson. r Pattent for St Wm: Sr Iohn Dauers moved that the Courte would please to give order for drawinge a Pattent for S William Mounson and his Associates that they may have for Seaven years the sole benefitt and transportacon 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 6. of ye Pattentees other for wch they offerred to pay one Hundred pounds p Annũ and to plante twenty five men every year duringe 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. 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 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. JULY 12, 1620 399 vnto yº 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 peticons vnto m' Deputy Peticon、 referrd. Ferrar to be consydered of by the Comittees. [148] 12 JULIJ 1620 ATT A GENERALL COURTE HELDE IN THE AFTERNOONE FOR VIRGINIA THE 12TH IULIJ 1620 PRESENT the Right Honor: Earle of Southampton Trer. Lord Cauendish. Lord Sheffeilde. Lord Haughton. Sr Edward Sackvill. Docter Meddowe. Thomas Gibbes. X°: Brooke esqre. m² Io: Ferrar Dept. m² Samuell Wrote: D' Anthony. Peter Humble. Wm Oxenbridge. Captaine Argoll mr Abbott. m' Hanforde. m' Challoner. mr Wrothsbie. St Thomas Roe. St Edwin Sandys. Sr Iohn Dauers. St Robert Killigrew. St Phillip Carey. m' Ayscough. m² Cartwright. m' Nicho: Ferrar. m' Whitley. m' Foxton. m¹ Pett. m' Widdowes. mr Couell. m' Berblock. m' Wiseman. m❜ Boothby. m' Cranmer. m' Tomkine. m' Edwarde. m² Bull. m' Gardner. m² Chambers. m' Woodall. m² Palmer. m' Benson. 16455-VOL 1-06 -26 m² Caswell. mr Swinhowe. m' Mellinge. m' Cuffe. m² Arundell wth divers others. 400 VIRGINIA RECORDS OF THE VIRGINIA COMPANY ampton. My Lo: of South- St Edwin Sandys signified vnto the Courte that hee had received notice that my Lord of Southampton was vppon some speciall occa- sion with the Lords of the Councell and could not be present heere till Peticone to be three of the Clock whervppon itt was agreed that the peticons exhib- ited vnto this Courte should in the meane time be read and considered of and accordinglie receive all their answer. read. returne for Eng- land. Thomas Selsby to Vppon the humble Peticon of Iohn' Selsby that her husband Thomas now in Virginia might returne wth the firstpassage for England, who went ouer with 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. Audito™ r m' Peirce his peti. Touchinge m' Peirce his peticon for two hundred pound of y° Com- con refer to yo panie formerly ordered to be paide to m 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 examinačon of his said peticon vnto the Auditors who are to certifie the truth therof\vnto the Courte. com for England Luke Burden to 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 St George Yeardley Gouernor of Virginia to pmitt the said Luke Burden to come ouer if hee be onely deteyned for that ffact (and no other) wth weh Cap Warde stood himselfe charged and was by fauore acquited. the Oath of Alle- giance ch t Planters to take A močon 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 direcčon to administer the same and to returne their names to be entred here in a Register Booke for that purpose to be kept. ¹ This word was originally written John, and an a is written over the o. JULY 12, 1620 401 ferrd to ye Aud- itors. Mr Ayskough acquainted the Courte that hee had himselfe paid into Sr m' Ayskough re- Thomas Smith att two seuerall payments 75" in monny as by his bills theirof appeared butt hee found that hee was entred 12:10:00 short of ye said some for wch hee now craved allowance, whervppon the Court ordered that itt should be referrd to the examinacon of the Auditor to certefie therof. peticon referrd to ye Thomas Kiddar of London Sheremaker in his peticon desyred that Tho: Kiddar his his sonne Thomas might returne for England (beinge the Apprentice y Comittees 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 Peticon be referred to the Comittees vizd m' Case- well, and m' Berblock who are appoynted to examine the same and to certifie therof accordinglie. [150] Elizabeth Smale Widdowe in her peticon desyred that the Company Eliza: Smale to ad- would please to take into their hands the dividend allotted vnto her dress herselfe to Cap' Argoll. Husband in Virginia in consideračon of his Eleaven years service thervnto the Company that they would bestowe vppon her some monney to discharge the Debt beinge 15" 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 peticon and to certifie therof accordinglie. Thomas Wale Mercer in his peticon sheweth that wheras hee hadd Tho: Wale Mercer engaged himselfe to pay butt 25" Adventure towards a Second ffish- inge Voyadge vppon the North Coast of Virginia hee informeth that m' Spruson and m' Webb (who is now dead) and through their inces- sant imptunytie vniustly drawne from him att two seuerall payments 75 more then his said Adventure wch made itt vpp one hundred pre- tendinge that hee had subscribed for payment of so much; Whervp- 402 RECORDS OF THE VIRGINIA COMPANY Mr Spruson to pon the Court ordered that bringe in his Ac- compte. ¹Spruson 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. 100" to be paide to Elizabeth Barkly in her Peticon desyred of the Compa: 100" in pt of Elizabeth Barkley payment of a greater Some due vnto her Husband and that they would give order to the Audito" to hasten the examininge of her Accompts. Whervppon the Court condiscended to pay her 100" 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. ernor & Counsell of Virginia John Wood recom- Iohn Wood in his Peticon desyred that the Courte would please in ended to y° Gou- 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 consideračon of the premises vnto the Gou- ernor and Counsell of Virginia to deale therin as they shall thinke fitt. Tho: Moreman Thomas Moreman signified in his Peticon that hee went to Virginia peticon graunted. in a Ship called the Bona Noua in the yeare 1619 in the Companies Courte 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 proporčon 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. y* Lord of South- My Lord of Southampton beinge now com to the Courte declared that ampton Com to his absence and long stay was aboute buisines of yº Companies and that hee had receaved a gracious answere from his Matie: concerninge a gratious aun- their petičon against the restraint of Tobacco who was pleased to swere received affirme that itt was never his meaninge to graunt any thinge that might be preiudicall to any of both those Plantacons and therfore from his Ma“: con- cerninge y re- straint of Tobacco. ¹A blank space in the manuscript. JULY 12, 1620 403 had referrd itt to the Consideračon 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. fied to be in an After the Act of the former Courte were read Captaine Argoll took Cap' Argoll iusti- occasion to except against some certaine words of an order touchinge Error 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] Vppon Capt Argolle request the Courte was pleased to give order Cap'Argoll to haue vnto the Secretary to deliver him Coppies of Orders concerninge him- Coppies of Orders selfe and Captaine Brewster. concerninge him- self & Capt Brews- ter tinued Itt was vppon močon ordered and by ereccon of hands generally The Courte con- assented vnto that the Courte in respect of many buisinesses yt were to be dispatched should be continued till all matters were determyned. These Comittees beinge chosen the last Quarter Courte butt not Comittees sworne. sworne did now take their Oath, vizd, m' Bland, m' Wiseman, m* Whitley, m' Clerke; And the Secretary in like manner being then Secre: sworne. chosen did allso now take his Oath. Somerscalle Mr Robert Somerscalle Proiect concerninge the curinge and ordering M of Tobacco beinge now putt to the question whether itt would please Proiect allowed. the Company to allowe therof, and to giue order for drawing his Patent was generally approved and by erecčon of hands ratified and confirmed. in Virginia referrd Concerninge the Proiect for makinge of Drinck in Virginia being an The Proiect for artificiall wine made of vegetable growinge there naturally in great makinge of Drinck plenty Itt is referred to these Comittees to consider therof vizd. S to the Comittees. Iohn Dauers, Mr Docter Anthony M' Doctor Gulstone M Deputy, Mr Smith, Captaine Bargraue Mr Darnelly, M' Whitley, who are to 404 RECORDS OF THE VIRGINIA COMPANY make reporte of their opynions herein and to compound wth the Author as they shall thinke fitt.¹ Comission to m² Vppon a močon made order was given for the graunt of a Comission to m' Tracey and that the Seale should be there vnto applyed.2 Tracey Another for ye Another likewise to the Mr of the Bona Noua. Bona Noua. Sr Wm Mounso n.: Another allso to Sr William Mounson and his Associates. Pelham A Pattent to m' Itt was allso agreed that accordinge to a močon made a Pattent should be graunted to m' Pelham and his Associates for Transporting & plantinge of a Collony in Virginia. [153] ampton request to ye Company to goe on cherfully C. my Lo: of South- 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 comitted to their care and charge, wch for expedičon sake were divided into parts and comended to seuerall Comittees here vppon the appoynted Comittees 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 LL of his Mats: Counsell vppon ffryday next about the Peticon referred by his Matie: vnto their HP: concerninge the restraint of Tobacco whervppon these Comittees were nõiated vizd ST Edward Sackuill. St Edwin Sandys. г m❜ Deputy. m' Gibbes. m' Nicholas Ferrar. m' Cartwright. Sr Iohn Dauers. St Phillip Cary. m' Brooke. m' Wrote. m' Cranmer. m' Ditchfeild. m' Casewell, & m' Berblock. Who are all appoynted to meet for a Consultačon att S¹ Iohn Dauere house vppon ffryday next halfe an hower after twelue. And are then & there allso to consider of the peticon concerninge the ffishinge att Cape Codd to be exhibited likewise to the LL· ¹ A discussion of this project is given in List of Records, No. 186, page 141, ante. "This commission is cited in List of Records, No. 189, page 142, ante. JULY 18, 1620 405 AN EXTRAORDINARY COURTE HELDE 18TH IULIJ 1620 THER BEINGE PRESENT. The Right Honorable Earle of Southampton. St Edwin Sandys. Sr Iohn Dauers. m' Gibbes. m' Cranmer. m' Dept Ferrar. m' Darnelly. m² Wrote. m² D' Anthony. m' Robert Smith. mr Sheppard. Cap' Bargraue. mr Iohn Smith. Capt Nuce. m² Chambers. m' Whitley. m' Ditchfeild. m' Casewell. m' Berblock. m' Hopton. m' Ruggle. mr Couell. m² Abdy. m' Aires. m' Tomkine. m² Welle. m² Swinhowe. г m' Leuer. mr Couell. m' Felgate. m' Barnard. m² Widdowes. m' Ab: Chamberlyn. m' Sywarde. m' Mellinge. m' Nicho: Ferrar. mr Wiseman. m² Baynam. m' Penistone. m' Vyner. m' George Smith. mr Woodall. m' Ewins. m* Sparrow. m² Roberte and m² Arundell. m' Poulson. m² Morewood. [154] The Courte takinge into Consideračon the treatie wth the vndertakers The sole sellinge for the sole sellinge of Tobacco fyndinge the proporčon for Virginia to of Tobacco. 406 RECORDS OF THE VIRGINIA COMPANY be so small as not possible to be divided amongst such a multitude of people wth any shaddow of Content, and consideringe that the Somer 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 ye 55000 waight to them have consented that the wholl 55000 waight of Tobacco allowed be appropriated only to ye So: to be vented in this Realme by both the Plantacons shalbe appro- Ilande Company 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 May: in his Princely Consideračon will Comisserate ye Estate of the poore people in that Plantacon and restore them to their liberty when hee shall see time convenyent, In the mean season ptestinge against the Vndertakers of this late Proiect tendinge not onely to the hurt butt allso to the vtter ruyne of both the Plantačons. sider of y fittest A Comittee to con- The Courte beinge resolved as aforesaid to forbeare the bringinge into course for a Maga. England any Tobacco from Virginia this yeare butt to send the same zine or Storehouse to fflushinge, Middlebrough or any other parts to be vented there did att fflushinge Cr. tend ye Lo: Arch- bishop of Cant. 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 ffactor to the moste advantage of the Company, viz: all the gen- erall Comittees assisted wth Sr Iohn Dauers, Mr Wrote, Mr Gibbes, M' Berblock, M' Chamberlyne, Mr Cranmer, M' Sheppard, Mr Wise- man M¹ Deputy, Mr Smith, Mr Chambers, Mr Clarke, Mr Nicho: Ferrar M' Casewell, M' Mellinge. Comittees to at- These Comittees are appoynted to attend the Lord Arch Bishope of Caunterburie wth the Declaračon of the Supplies intended to be sent to Virginia this year C', and shew the amendment there vppon sub- mittinge the consideračon therof vnto his Grace to dyrect what hee shall thinke to leave outt or putt in, And whall to move his grace that the Booke now phibited by his gracious Comaundem may againe JULY 18, 1620 407 passe abrode and be published, vizd m' Gibbs, m' Deputy, m' Berblock and Captaine Bargraue. [155] 8 Dr Anthony Mr Doctor Anthony haveinge brought two bills of Adventure of xiji x 2 bills passed to 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 approbačon of this Courte was accordingly graunted and confirmed. ffree. M² Edward Kirbie who went to Virginia in the Bona Noua in Iune M'Edward Kirbie last with an intent their to plant att his owne charge where hee hath allowed to be made alredy lefte a Servnnt whose passage hee paid for, ||as byll a certificate appears & beinge returned with a purpose to transporte more people thither was now allowed to be ffree of this Company and order given to m❜ Deputy to certifie so much to the ffermer of the Custome. Itt was moved and generally assented vnto that a tre should be drawne A tre: to be writ- ten to ye Gouernor to the Gouernor and Counsell for Virginia signifyinge the graunt of a to signifie of a Pat- Pattent vnto ST William Mounson and his Associates accordinge to an ent graunted to S order of a former Courte wch Ire beinge so drawne itt was referred to WT: Mounson. Sr Iohn Dauers and m' Deputy to mend and make itt agreable to the said Order of Courte. ror in his Peticon ye Courte it shalbe Concerninge M' Wye his peticon although the Courte had iust cause yf m' Wye will ac- to reiect the same in regard hee had wronged the Company in the knowledge his er- verie title therof by tearminge this soe worthie a Societie and Corpo- and submitt him- račon no better then Traders to Virginia, and grounded his Peticon selfe to ye award of likewise vppon vntruthes in denyinge any Comission to be graunted allowed. 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 yº direcčon of his said Peticon 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 m' Deputy the Courte 408 RECORDS OF THE VIRGINIA COMPANY Woodalle Scan- Booke would then allow of his Petičon and take itt into their consideracon otherwise did vtterly reiect the same. reporte of m' Reporte beinge made vnto this Courte that m' Woodall had scandal- dall of ye printed ized the booke lately sett out by his Mats: Councell for Virginia by a most disgracefull Tearme in callyng itt a lybell wth woh hee being charged sought by a rediculous interpretačon of that word accord- inge to the sense itt bears in Latin in some sorte to extenuate and excuse. [156] Sandys A fowle aspertion Butt for that itt was further allso laide to his charge that hee had cast by mr Wood- all vppon Sr Ed: impudentlie cast a foule asperčon vppon St Edwin Sandys Knight in sayinge hee did butt vsurpe the Authoritie of the Courte; The Com- The examinaĉon pany were herewith exceedingly moved and here vppon did forthwth dalls to be referred order ||that|| the examinačon of both his disgracefull Scandalls should to ye next Quarter be referred to the censure of the next Quarter Courte And in the meane time hee should remayne suspended from the Courts. of both his scan- Courte Mr Paulson j bill Mr Paulson assigned 2 bills of Adventure one to m' Andrewes the to m' Andrews 1 other to m' Greene. to m' Green. Seizemore. Right ordered to Mathew Seizemore haveinge desyred the Courte to doe her right for be done to Mathew 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. turne for England Io: Grocer to re- Iohn Grocer and Susan his wife peticoned that their sonne Iohn might returne for England wch was graunted and subscribed vnto by yº Earle of Southampton. NOVEMBER 4, 1620 409 ATT A COURTE HELDE YE 4TH OF NOUEMBER 1620 PRESENT ye Right Honorable Earle of Southampton. Lord Cauendish. St Thomas Roe. Sr Willia Fleetwood. Sr Ferdinando Gorges. m' Gibbes. m² Herbert. mr Seldon. mr Bromfeild. Capt Bargraue. m' Gulstone. Dr Anthony. St Edward Lawley. St Edwin Sandys. Sr Iohn Dauers. ST Robert Killigrew. Sr Io: Wolstenholme. m' Casewell. m' Ditchfeild. m' Rogers. m' Berblock. m' Swinhow. m' Mellinge. m' Meuerell. m' Barbor. r m' Bowyer. m' Deputy. m' Keightley. m' Tomlyne. m' Stiles. m' Sheppard. m' Cranmer. m' Welle. m' Paulson. mr Palmer. m² Roberte. m' Iadwin. m' Chambers. m' Bull. m' Bland. m' Whitley. m' Seward. m' Martin. r m' Barkham. & m' Arundell. My Lord of Southampton signified vnto this Courte that though for My Lo: of South- many important occasions his owne leasure served him not till now ampton to keep Courte, yett hee doubted not butt those Comittees that hadd any buisines heretofore recomended vnto their pticularr care and charge were now redie to give a verie good Accompt of their pro- ceedings therin accordingly. [157] all yo ships saue His Lo³: further signified that hee had received breife Ires of the saffe Letters receiued of arivall in Virginia of all those Ships save one wch were sent the last ye saffe ariuall of Springe And that three of the best of them had made a prosperous one. Voyadge in six weeks or there aboutes, And that of 200 psons trans- ported in yº Ionathan there died aboue 16: Of 70: in the Swann of 410 RECORDS OF THE VIRGINIA COMPANY tayned 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. The Abigall enter- His LoP: haveinge desyred the Company to thinke of the preparacon of Ships to be sent this next Springe M' Deputy gave notice of a verie good convenyent Ship called the Abigall of about 350 Tunn belonging to m❜ Bland, m' Wiseman, and some others brothers of this Societie that was now offered to goe vppon the same Condičons that the Ion- athan and London Marchant did the last Springe, vizd. to Transporte in her 200 Persons and 50 Tunn of goods, for 700": in hand and 600¹ vppon Certificate of Arivall in Virginia wch offer the Courte thought verie reasonable, and did generally assent thervnto. from Barnstable. The Abigall to take Itt was likewise moved that for the more comodiousnes and for in her people att pcuringe of ||people|| the better people that the Abigall might take in ye Ile of Wight her people att the Ile of Wight: And that some other ships might be sent from Barnstable by the help of m' Delbridge who was reported to have deserved well of the Company for his care and paynes hith- Ships to be sent erto afforded, wch mr Delbridge promised still to continue to the good of that Plantačon, 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 m' Delbridge de- Passengers, to take some present course that hee might have free sire to fisli vppon 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. ye No: Seas. dinando Gorges. new Patent Whervppon S¹ Edwin Sandys did intimate vnto the Courte yt hee was pcured by S Fer- informed yt Sr Ferdinando Gorges had poured 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 LL: of the Counsell, weh their LP: after a full hearinge of the allegaõons on both sides and sett downe in Iune last by wch ch NOVEMBER 4, 1620 411 excluded fro Fish- this Company had yeilded some pt 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 The So: Colony Plantacon butt by this new graunt the Adventurers of the Northerne ing in yº N°. 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 Ma": by the first Patent as is conceived hath beene pleased to graunt vnto either Collony." 1 drawne to his 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 comon as the Ayre, and fyndinge less reason why St Ferdinando Gorges should now appropriate and make a Monopolie of yt fishinge weh had allredie cost this Company 6000": 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 Plantacon wthall: did wth a generall Con- A Peticon to be sent resolve forthwith to peticon to his Matie: for a redresse herein, Matie. and to pray a further Declaracon 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 AComittee todraw libertie of ffishinge, Whervppon they appoynted theise Comittees to drawe the said peticon and to make itt in substance agreeable to those three poynte St Edwin Sandys had deliu9ed in open Courte, And for that S Thomas Roe said that hee was the next day to goe to the Courte they desired him to psent the same to his Maty: itt Tho: Roe desired to plsent itt. cacon to Conteyne St Edwin Sandys desyred the Company to consider how behoufull itt The printed Publi- was to sett forth a printed publicacon that might in effect conteyne 4 poynte. these fower poynts. to solicite yº Ius- First to solicite the Iustices of Peace generally for sendinge to this ¹ Company all such younge youthes of 15 years of age and vpward as tices for sending they shall finde burthensome to the Parish wher they live with the of younge youthes. ¹The order to the Solicitor General for the preparation of this patent is mentioned in List of Records, No. 192, page 142, ante. 412 RECORDS OF THE VIRGINIA COMPANY 2 The Lottarie to be Sume of ffive pounds in monny towards a farr greater charge woh the Company must be att for their apparrell and transportacon into Vir- ginia wher they shalbe entertayned in good manner as servante and apprentizes vnder the Companies Teñnte. The Second poynt to be in the behalfe of the Lottarie now of late deliuered of many very much disgraced that itt may be deliuered of many fowle asper- fowle Aspersione. 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 Plantacon. 3. 4 ㄓ​ˇ to putt in minde such Aduent. as Thirdly to hasten the dispatch of these things against Ianuary next. Fourthly to putt such Aduenturors in mynde of their subscripõons as have not as yett paid in their monneys as likewise to intimate vnto haue not paid in them what authoritie and power the Company hath by his Maties: their subscripcone. gracious tres 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. free and to haue a Mr Reynolds to be M' Delbridge moved that the Courte would be pleased to admitt one bill of Aduent: m' Reynolds to be ffree of this Company for wch favour hee would pay his xij" x. wch request the Courte thought verie reasonable and ordered that hee should have a bill of Aduenture given him vnder ye Compª: Seale. sealed. necessary prouis- stablishing of The Comittees for My Lord of Southampton prayed the Comittees that were appoynted makinge some to make some necessary pvisions for the setting vpp of the Staple ions for staple Comodities in Virginia and §as§ likewise those wch were desyred to Comodities and ye take some extraordinary paynes for the stablishinge of good gouer- good gou9m to ment there that they would please att the next Courte to give an mak report att y. Accompte of their proceedings in their pticularr charges. In like manner the Comittees appoynted to examine St Thomas Smiths Accompts are desyred then allso to certifie what they have done in that buisines. next Court NOVEMBER 4, 1620 413 treatinge wth mr Itt was allso desyred that the Comittees appoynted to treat wth The Comittee for M': Englebert whe ||would|| please to lett the next Courte vnderstand Englebert to giue how farr they hadd proceeded with him on the behalfe of the Com- an Accompt att pany touchinge his demaunds for his intended service in Virginia, vizd S¹: Iohn Dauers, and m' Gibbes. next Courte cess of Plantinge to be planted. St Edwin Sandis desired this Courte to take into their consideracon 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 ye inordinate ex- directed to apply to giue notice to the Collony in Virginia that the Tobacco to be sup- Company here will hereafter expect to be § re§paid for such servante as pressed and other they shall send ouer to them for Apprentizes in no other Comoditie Staple Comodities 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 pticularr 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 savor 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. m' Abraham Chamberlin. m' Deputie. m' Mellinge. mr Wiseman. m' Keightley. m' Edwarde. m' Cranmer. m' Blande. & m² Casewell, who are desyred against the next Courte to returne their answere. Comittee A močon made that m' Markham Bookeeper might have some reward m' Markham for for his paines extraordinary in the service of this Company for wch some rewarde hee was referred to the Courte by the Auditors to examine and make reporte therof accordingly. 414 RECORDS OF THE VIRGINIA COMPANY bringe his Ac- compte. Mr Spruson to Mr Spruson is desyred to bringe his Accompts concerninge the North erne Fishinge vnto the next Courte to be Audited wherof m' Webb is likewise willed to give St Thomas Smith present notice. & theire olde Pat- Sr Rich: Worsleep Vppon the humble Peticon of Sr Richard Worsleep knight Baronett knight & Barronet Nathaniel Basse gent, Iohn Hobson gentleman, Antho: Oleuan ent confirmed. Richard Wiseman, Robert Newland, Robert Gyuer and William Wellis Associates and fellow Adventurers with Capt: Christopher This Plantacon to Lawne deceased the Courte was pleased to graunt vnto them and their be called yº Ile of heirs a confirmacon of their Old Pattent with all manner of pryve- wighte Plantaño: ledges therin conteyned, and that the said Plantačon shall from hence forth be called the Ile of Wighte Plantacon, Provided that the heirs [161] of the said Christopher Lawne be no way pliudiced 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 psonns menčoned in their former Pattents. men to be allowed Wm: Willis The passage of 2 Wheras by a former order of Courte in Ivne last vppon the humble peticon of William Wellis in the behalfe of the Executor of Christ: Lawne deceased in regard of the great losse and charge that the said m' Lawne in his life time hath bin putt vnto and susteyned in his pryvate Plantacon 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 m' Webb Husband of the Company butt of the monney paid him by two Passengers transported in the last Ship to Virginia. maynder of his m' Gold to haue y Mr Golde parte Owner of the Falcon made a request vnto the Com- fraught paid ac- pany that the remaynder of the fraight of the said Ship might be paid cordinge to his vnto him, seeinge ther was notice given by word of mouth that shee Charter parte 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 Gouerno" hand of the Arivall of the said Ship and deliuery of ye Goods and Cattle transported in her. NOVEMBER 13, 1620 415 ere Uncles inherit- Captaine Mathew Somers haveinge peticoned that hee might enioy Cap Mathew Som- the inheritance of his Uncle St George Somere Lands in Virginia the petion for his quantitie of 30000 Acres alotted vnto his said vncle in recompence of ance. his service and disbursments beinge as hee alleadgeth 1100"; 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. The rest of the Peticons were referred to the next Courte to be read Peticons referrd. and ordered. [162] A PREPARATIUE COURTE HELD YE 13TH OF NOUEMBER 1620 PRESENT the Right Honorable The Earle of Southampton. St Thomas Roe. St Phillip Cary. St Edwin Sandys. ST Iohn Dauers. Sr Robert Phillips. Sr Iohn Radcliffe. Sr Walter Earle. Sr Frauncis Wyatt. St Edward Lawley. m² Wroth. m² Gibbes. m' Bawper. m' Herbert. The Lord Cauendish. The Lord Pagett. m² Bromefeilde. m² Iohn Smith. r m' Wrothsbye. m❜ Deputy. m² Steward. m' George Sandys. mr Robert Smith. m' Sheppard. m² Keightley. m' Nicho: Ferrar. m' Leuer. m' Wisemam. m' Blande. m' Edwarde. m' Barbor. mr Cranmer. m❜ Swinhoe. m² Widdowe. m' Mellinge. r m' Delbridge. mr Roberte. m' Newporte. m² Porter. m' Boothby. m' Sparrow. with divers others. fforasmuch as Captaine Somers alleadged in his peticon thatt itt The Secretary to appeared vppon Record that S Georg Somers his Vncle had disbursed certifie yº truth of Capt: Somere re- 1100 towards the advancement of the Plantacon woh hee desyred quest. 16455-VOL 1-06-27 416 RECORDS OF THE VIRGINIA COMPANY port of the Peticon Matle: 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. Sr Tho: Roes re- S" Thomas Roe att the request of the Company haveinge delivered deliuered to his theire peticon 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 comendacon of this Plantacon, and signified further that his May: forthwith gaue comaundment to my Lord Chauncello' 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] deliu9ed to be pe- the So: Colony. y Patent to be His Lo': further signified that vppon Saterday last they had been wth rused by some of my Lord Chauncello' aboute itt, wher were present the Duke of Lenox, the Earle of Arundell, M' Secretary and some others who after a full hearinge of yº allegacons 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 excepcons they finde therevnto against the next meetinge. Plantacon ordered The Addicon to be Sr Edwin Sandis moved that the Addičon intended to be affixed to affixed to ye former the former Plantacon (beinge now redie drawne) §might be read§ wch to be published. beinge done was generally approved and by ereccon of hands ordered to be published as aforesaid. My Lo: of South- The Owners of the Ship called yº§ Abigall (allowed of by the last ton and m² Dep- Courte) moved that their Charterparte might be sealed, whervppon Charter parte for the Courte humbly entreated (that because the Treasuror did herto- uty to Seale ye the Abigall. fore vsually performe the same) itt would please my Lord of South- ampton together with m' Deputy to vndertake itt on the behalfe of the NOVEMBER 13, 1620 417 Company, for wch they would make an Acte of Courte to saue them harmeless; Whervppon his Lo': did willinglie assent therevnto as likewise m' Deputy: And an Acte of Courte by ereccon of hands was made accordinglie. drawne for saue- Contract made wth Mr Deputie haveinge likewise heretofore procured certaine Dutchmen Security to be from Hamburrow for erectinge of Saw Mills in Virginia and att the inge m' Dept: and request of the Company Contracted wth them vppon some condicons m Sheppard as wer thought reasonable by the Comittees, hee now therfore desires harmeless for ye that this Courte would please to graunt some forme of Securitie vnder ye Dutch Carpen- ye Compa: Seale that might save both himselfe and m' Sheppard ters. harmeless beinge a partner with him in the said Contract wch močon the Court thought verie reasonable and gave order for drawinge the said securitie that itt might be sealled accordinglie. & Sr Io: Dauers Tho: Smithe Ac- The Comittees appoynted to examine St Thomas Smithe Accompts SEdw: Sandys re- beinge now desyred to make reporte what they had done in their porte how farr hee seuerall parts appoynted vnto them: St Edwin Sandys declared howe had proceeded in farr St John Dauers and himselfe hadd proceeded in their pticularr examyning S taske namely in examination of St Thomas Smith receiptes by Adven- compte. turers wch notwithstandinge they found itt a most intricate [164] and difficult peec of worke to bringe to passe in regard of yº 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 S Thomas Smithe answere. Receipts by Lottars M' Wroth one of the Comittees appoynted to examine S Thomas M Wrothe reporte Smithe Receipts by Lottaries, wth payment allso of the Prizes and of Sr Tho: Smithe 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 expectačon of the Company therein. of S Tho: Smithe receipts of Goods. Mr Deputy one of the Comittees appoynted to examine S Tho: Smithe m Deptics: report Receipts of Goods from Virginia by ffines allso, by Collections, and other meanes whatsoever, made reporte that hee could finde no men- 418 RECORDS OF THE VIRGINIA COMPANY m' Cranmer their mente. con att all in any of the books (wch hee and Mr Cranmer had carefully pvsed) of any goods brought from Virginia, The Courte therfore thought fitt that hee should give notice therof to St Thomas Smith and pray his answere thervnto. m² Keightley and M' Keightley and M' Cranmer beinge apoynted to examine S Thomas Reports of Sr Tho: Smithe Disbursmente returned this answere that they knew not howe Smithe Disburs- to proceed therin, because they neither could finde warrnte nor any other thing else evidence that might shewe howe the moneys might had been from time to time lawfully issued; and haveing acquainted St Thomas Smith therwth his answere was that hee knew not what was becom of those warrnte. inge of these Ac- compts to heads. The Comittees to Nottwithstandinge all these difficulties my Lord of Southampton goe on to ye draw- desyred the said Comittees to proceed and goe on to the drawinge of some these Accompts to some head, And the rather because S 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] wich A patent graunted M' Deputie signified that the Towne of Ipswich desyred that a Pattent to ye Town of Ips- might be graunted vnto them for a Perticularr Plantacon, And that wheras they were indebted to the Company 200" 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. Sonne. m' Delbridge 2 M¹ Delbridge desyred the Company that hee might passe two of his Shares to 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 pformed These seu- erall bills of Adventures beinge allowed by the Auditors did likewise passe the approbačon of the Courte for their Assignements. vizd: Bills of Aduen- One bill of 50" from Captaine Brewster to S Frauncis Wyatt. One bill of 25¹ from Thomas Maddox gent to m' Stubbs. turers passed. NOVEMBER 13, 1620 419 One bill of 37: 10" from m' William Litton esqr to Captaine Harvy. One bill of 5 Shares from m' Edward Harrison to Raph Fogg. dered to be paide. Mr: Berkley haveinge peticoned from the §for§ repayment of the mony M Berkley or- due vnto her husband deceased wch was 331" 12° 10° as may appeare by the Leger Booke. The Company offered her to make vp that sume 400¹¹ so that shee would be contented to take 331" 12" 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. My Lo: of Southampton did putt the Auditor in mynde to examine Mr Markams de- m': Markhams deserts in the Companys service and therof to make serts examined. reporte. recomended to tize. Vppon the request humble peticon of Wm Iarrat for that hee hath W: Iarratt to be beene an antient inhabitant in Virginia for the space of thirteen Cap Newce, and years where hee hath done the Company great service by reason of to haue a Boy put his experience and skillfullnes in many things, the Courte agreed to to him as Appren- recomend 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 Sto§ m' Deputy to deale therin as hee thought fitt. [166] come for England. William Gay peticoned that his sonne Iames (heretofore the Appren- Iames Gay to 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. Lazarus Hauerd beinge heretofore imployed in the Companies serv- Lazarus ice and likewise by S George Yeardley in a Frigott in three daun- entertayned mr Poulson. gerous voyadges did now peticon to this Company for their charrita- ble consideračon of his present wants whervppon itt was agreed that Hauard by 420 RECORDS OF THE VIRGINIA COMPANY to bestowe some St Georg Yeardley m' Poulson should be entreated to entertaine him, and that St George thing on him Yeardley should be solicited by Ire to bestowe some thing on him in reward of his service done him. A močon in the A močon was made as formerlie their had beene in the behalfe of the behalfe of ye Somer Ilande Compa: Somer 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. ited by Gabriell Wisher A writinge exhib- 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 x" x a man as many as the Compa: shall thinke good. To pforme wch hee desires 60": in hand to be payd att Hamburrow for wch hee will putt in securitie. swere returned. Mr Woode aun- Wheras vppon a former treatie had with m² Wood in the behalfe of Mr Gookin for transportacon of Cattle outt of Ireland into Virginia an offer was made vnto him after the rate of x": a Cowe vppon cer- tificate of their saffe landinge, Provided they were fayr and lardge Cattle and of our English breed. The said m' Wood hath now returned his fynall aunswere that hee cannott entertaine the bargaine vnder xij" the Cowe without exceedinge greate losse. [167] NOVEMBER 15, 1620 421 ATT A QUARTER COURTE HELDE FOR VIRGINIA THE 15TH OF NOUEMBER 1620. PRESENT the Right Honorable Earle of Southampton. St Edwin Sandys. St John Dauers. Sr Robert Phillips. St Phillip Cary. m' Brooke. m' Deputie. m² Gibbes. m' Wroth. Docter Anthony. m' Georg Sandys. m³ Casewell. Lord Cauendish. Lord Pagett. Sr Richard Grobham. Sr Frauncis Wyatt. St Edward Lawley. m' Chri: Earle. m' Bromfeild. m' Wrotheby. m' Iohn Smith. Capt Bargraue. m' Herbert. m' Robert Smith. m² Cranmer. m' Nicholas Ferrar. m' Sheppard. m' Boothby. m² Couell. m' Ayre. mr Wiseman. m' Berblock. m² Chamberlyn. m' Mellinge. m' Clarke. of Sr Walter Raw- After the Acte of the former Courte were read a straunger stept in A Mapp presented presentinge a Mapp of S Walter Rawlighes conteyninge a Descrip- eigh & 4 great con of Guiana, and wth the same fower great books as the guifte of Bookes. one vnto the Company that desyred his name might not be made knowne, wherof one booke was a treatise of St Augustine, of the Citty of God translated into English the other three greate Volumes wer the works of Mr Perkins newlie corrected and amended, weh 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, ch 422 RECORDS OF THE VIRGINIA COMPANY reporte of mr Middlebrough. ffor wch so worthy a guifte my Lord of Southampton desyred the ptie that presented them to returne deserved thanks from himselfe and the rest of the Company to him that had soe kindely bestowed them. St Edwin Sandys Sr Edwin Sandys acquainted the Courte howe carefully m¹ Chamberlyn Chamberlyne care had been att the request of the Compa: to compound with the States of for compoundinge Middlebrough for the Custome of the Tobacco to be brought thyther with the States of this year from Virginia signifyinge that hee had brought them neere to an agreem¹, so that for bringinge the said Comoditie in they should pay but a halfepenny y° 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 pformance 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 pmised to dispatch accordinglie. St Edwin Sandys further signified that wheras certaine Instruccons were sent in writinge in the Bona Noua concerninge the plantinge of A French Booke Mulbery Trees, and makinge fitt roomes for the Silkewormes (wch in for plantinge of his opinion was exceedinglie well done) and haveinge now vnderstood Mulbery trees & lated into English. ordering of Silk- of a ffrench book of the same Subiect comended vnto him for an wormes to be trans- 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 book the pticularr rates of those Staple Comodities wch the Comittees were desyred to sett downe to be payd for them to the Planters might likewise be incerted wth some Instruc- cons allso for the orderinge of other Comodities wch močon was well approved of and generally assented vnto. to my Lo: of South- ton of such Staple A note presented M' Deputy haveinge presented to my Lord of Southampton a note of such Staple Comodities as are supposed may either now or verie Comodities as shortly be hadd in good aboundance in Virginia wch were rated par- wilbe had shortly ticularly by a Comittee of Marchante att such price as they are now in Virginia sould att here in England, Itt was thought fitt and desyred that the NOVEMBER 15, 1620 423 moderate and ||said|| Comittees would againe take some further paines on the behalfe of the Planters in Virginia to moderate and abate the said Prizes to The Comittees to such a reasonable rate wth consideračon of fraight and Hazard, as abate ye prize of both the Marchants might be enduced to buy the same and the Planters them Cr. assured of a Certaine vent hereafter of the said Comodities. ony desired no St Edwin Sandys declared that the Comonwealth and State of the S Edw: Sandys re- Country Colony in Virginia began generally to prosper so well as they ported yt the Col- did not desire any more provysion of Meale to be sent vnto them but more meale but rather prayed that the Company would be pleased to be att the ||some|| rather some tri- fling Comodi: to charge to send them a few triflinge Comodities [169] As Beades and truck with ye Na- such like toyes wherby to truck wth the Indians for Corne and other tiues. necessaries to encrease and maynteyne therby a Christian Comerce, and trade with the Sauages, wch they exceedingly desire may be continued. haue 100: Cr. Touchinge Gabriell Wishers former offer att the last Court to procure Gabriell Wisher to 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 10:10 a man that shalbe here by the end of May next. The Courte have ordered that hee shall have 100" 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. 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 Seale. everie Cowe of our English breed transported by him or his Agents Tho: Woode to safe and sound to Virginia hee should be paide Eleuen pounde and haue his security Vnder y Compª: 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; whervppo 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 m' Deputy to see itt done. 424 RECORDS OF THE VIRGINIA COMPANY for soliciting y° Lo: they had. m' Caswell močon M' Caswell moved that the Lord Maior of this Cittie might be solicited Maior for ye like to afforde this Company the like number of Children with the like number of chil- allowance as formerly they had, butt hee wished wtball that itt might dren as formerly be effected vppon more easie condičons 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- A fre: to be writ- dren then they did vppon the good of the Plantačon for wch they were pcured Itt was therfore thought fitt and so ordered that a tre should be write to the Lord Maior and Aldermen specifyinge ye Condicons pticularly for weh the Compa: would accept of them and in good manner place them as servnte or Apprentizes wth the Companies Teñnte. [170] ten to yº Lo: Maior & Aldermen. shalbe sent out of charge ch 5 demaunded with M' Smith conceivinge that the sume of five pound demaunded wth euery Childe y everie Childe that should be sent out of the Country to be transported ye Country helde to Virginia was a greater charge then would willingly be disbursed by to be too great a 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 5 specified in the Publicacon 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. Cittie and some The rewardinge of M' Deputy signified that hee was solicited by the Marshall of this the Marshall of yº Cittie and some others that had taken paines to pcure those Children others for pcuring out of the Cittie wch were heretofore sent to Virginia, to move this y Children out of Courte for some reward for their care and travell therin, yt they might ye Cittie referred 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 Sume and to pporčon the same amongst them as they shall thinke fitt. to the Comittees Mr Jefferson re- M' Jefferson desyringe the Courte to take into their good consider- ferred to St Edw: añon the losses hee had susteyned; was referred to St Edwin Sandys and Mr Deputy to conferr wth them aboute the same. Sandys & Mr Deputy. NOVEMBER 15, 1620 425 a good porcon of Some of the Summer Ilands Company moved that the Courte would The Sumer Ilande be pleased as well in respect that the Barmudas was sould vnto them Comp": močon for for a farr greater quantitie of Land then they nowe finde it to be as Land in Virginia 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 porčon of Land in Virginia on that side of the Coaste as lyes nearest vnto them, either att Ronoq, southerly or else wheras shalbe most convenyent for them not beinge yett inhabited; Wch request the Courte takinge into consideračon, did [171] order and agree that accordinge to the number of their Shares (beinge in all 400 or their about) they should have for every Share 100: Acres of Land in Vir- they shall haue ginia, and 50 Acres for every pson that shall be transported thither, Acres and 50 Acres Provided that none of them sell his said Shares vnless hee sell together for euery Person wth itt his Share of Land in the So: Ilands and for a publique Stocke yt shalbe trans- they have likewise graunted vnto them 5000: Provided that between this and the year 1625 they transporte for everie Share for that Plan- tačon 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 Ire A Ire to be writ to should be write to the Gouernor to sett out their bounds and lymitts out their Lande Cr. ye Gouernor to sett where they shall like best to seat themselves so as they may not be preiudicall to any other Plantačon ther alredy." 1 for euery share 100 port: prepare his proofs Cap: Somers [(]in respect nothinge did appear by S Tho: Smiths Cash Cap' Somers to booke to be paid in redy monny by St George Somers to St Thomas C 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. The Ladie De Lawarre haveinge by her Ire dated the 15th of this The La: Lawarre present moneth signified vnto the Compa: that wheras aboute three request in ye be- years since the Earle of Hartford adventured 150" in her late husband assented vnto. 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. halfe of m' Kelly 426 RECORDS OF THE VIRGINIA COMPANY assignment Con- Aduenture of his brother person (the Lord Delawarre) last Voyadge to Virginia as by an agreem* 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 yº benifitt of his said purchase vppon his servant m' Iohn Kelly, shee therfore moved that hee might have a proporcon of Land in Virginia accordinge to the number of Shares due for the said some of -150 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. m³ Hen: Rowlands M' Henry Rowland Goldsmith peticoned that forasmuch as his brother firmed & a Per- Dauid Floyde had assigned vnto him his purchased Adventure of 12" sonall Share al- 10s weh this peticoner paid for though passed in his said brothers name lowed him for ye as by his assignement vnder his hand and Seale maie appeare. [172] The Petičoner therfore humbly desyreth that his said Assignement beinge allowed by the Auditors might now pass the approbačon of this Courte And that hee likewise might have one psonall Share of Land, due for the Adventure of his said brothers person who dyed in Virginia full tenn years since, weh Captaine Tucker allso testified to be true. Whervppo 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. ch Rich: Mooreton Richard Mooreton in his peticon craveinge an allowance of one Share for Aduenture of of Land for the Adventure of his pson haveinge been in Virginia for a share of Land his Person. Willia peticoning for rec- 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 & direcčon should be given to the Gouernor to sett out his Land for him wch offer hee willinglie embraced and assented vnto. Potterton William Potterton in his peticon haveinge desyred yt the Courte would ompence for ye please to give him the same recompence for the service of one Edward seruice of Wm: Trew his Apprentice beinge (15) wch my Lo De Lawarr promised Trew referd to my him as may appeare by his LoP: bond for his good will to lett his La: Lawarr. NOVEMBER 15, 1620 427 said servant goe wth him to Virginia to let where hee still remayneth in the Companies service; The Courte herevppo ordered that the Petičoner should repayre to my La: Lawarr for his sattisfacčon in consideračon of her husbands promise extant vppon his ||lp|| bond. er. Captaine Daniell Tucker in his Peticon desyred that the Comp: would 15 shares bestowed please to graunt him some Competent portion of Land in Virginia, vppon Cap Tuck- aswell in recompence of his service there, so well knowne to this Companey in vndertakinge the Charge of all the municon 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 M', continuinge in the said Offices five years vntill his Matie: by express lers sent for him, [173] as likewise in consideračon 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 Condičon that hee should not sell away any of his said Shares wch hee assented vnto and wth much thankfullnes accepted of. posinge & propro- S' Iohn Dauers herevppon moved that for the more equall distribučon A Comittee ap- of Shares hereafter, vppon well deservinge personns imployed in the Poynted for Dis- Companies service that ther might be a speciall Comittee appoynted coninge of Shares. who vppon due examinačon of their pticularr merritts might sett downe such a proporčon of Land for their rewardes, as might best suite wth the * * * * * * ||Honorable|| bountie of this Courte, and their pticularr deservings, wch močon the Court conceived to be of very great importance, and did therfor order that these Comittees should be appoynted for the future disposicon and proporconinge of Shares vizdt St Edwin Sandys, Sr Iohn Dauers, m' Deputy, m' Smith, Captain Tucker. These were appoynted to take care of the two Virginia maydes remayn- A Comittee for inge in the Custodie of m' William Webb the husband vizd m² Case- Virginia Maydes. takinge care of yº 2 428 RECORDS OF THE VIRGINIA COMPANY m' well, m' Robert, m' Caninge and m' Webb, who are likewise desyred to place them in good services where they may learne some trade to live by hereafter for weh respect yº Company hath promised to bestowe some thinge with them. The Securytie for The forme of Securitie ordered the last Courte to be drawne for m sauinge harmeless m' Deputy and m² Deputy and m' Sheppard to save them harmelesse as touchinge a Sheppard ordered Contract made with certaine Dutch Carpenters sent to Virginia to to be sealed. be imployd in the Companies service was now read and ordered made With mrs to be sealed. The Agreement The agreement made wth m" Barkley for allowinge her 331": 12º: 10ª in money and so many Shares of Land in Virginia as might make vpp the said sume 400 was now putt to yº question and confirmed. [174] Barkley firmed. owne name. con- Dr Bohune Pat- Doctor Bohune haveinge desyred that his Pattent might be renewed tent renued in his 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 m' Deputy to Seale itt. ampton reported to acğint them of My Lord of South- My Lord of Southampton signifide vnto the Company that himselfe how yt hee had and some others hadd been this afternoone before the Lords to make been before ye reporte what iust exceptions they had taken against new England LL^: of ye Counsell Pattent wherby they found themselvs vtterlie excluded from fishinge y excepcons taken vppon the North Seas butt wthall his LoP: signified that by a late against New En- conferrence had with ST Ferdinando Gorges aboute itt they did nott gland Pattent 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: The Patent to be Whervppon their LoPS: ordered that in the meane while this Patent deposited in my of St Ferdinando Gorges should be sequestred and deposited in my Lord Chancellors hands (as vndelivered) accordinge to his Mats: express The Comp* to goe Commaundement. And that this Company should notwithstandinge iledge of their 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. Lo: Chancellor hande on vppon y preu- form9 graunte. I DECEMBER 13, 1620 429 to Consider of such moued at ye next Parliam Att the risinge of the Courte m' Smith acquainted his LoP: and the m' Smithe mocon rest of the Counsell present that itt was the humble sute of y° gener- future imunities as allytie vnto them that they would please to enter into consultačon, were fittinge to be 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 Plantacon 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 protecčon. [175] ATT A COURTE HELDE IN YE AFTERNOONE m' Iohn Wroth. m' Gibbes. m' Herbert. m' Smith. m' Dept Ferrar. m' Sheppard. m' Nicho: Ferrar. m' Bland. m' Casewell. YE 13TH OF DECEMBER 1620; PRESENT. St Edwin Sandys. Sr Iohn Dauers. St Phillip Carye. m' Earle. mr Berblocke. m' Stewarde. m' Palauacine. m' Tomlyne. m' Wheatley. m' Maisterson. m" Swinhowe. m' Challoner. mr Roberte. m' Bull. m' Mellinge. m' Cuffe. m' Boothbie. mr Couell. m² Rolph. m' Combes. wth divers others. of Southampton S¹ Edwin Sandys signified vnto this Courte that my Lo: of South- S Edwin Sandye ampton vppon some important occasions could not be present this report yt my Lo: afternoone butt had all that parte of the day for many howers to- cannot be gether taken extraordinary paines in a buisines that concerned them present. now 430 RECORDS OF THE VIRGINIA COMPANY ceaued of ye saffe ariuall of all yo Ships. very much wherof they should afterward have a good Account as- soone as they hadd further pceeded therin and brought the same to some better issue. A Certificate re- 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] mistake in settinge A supposicon of a Wheras itt was conceived that ther was a mistake in setting downe an order for ye an order of the Summer Ilande Company att the laste Courte by Summer: Ilande incertinge a Prouiso to exclude such from haveinge 100 Acres p Company. Share as shall not pay in their monny ratably accordinge to subscrip- čon by the settinge outt of the first Voyadge that the Adventurers shall agree vppon for the advanceinge of that Plantačon, Itt was now The Clause to 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 consideračon itt was agreed and ordered that the said clause should still remayne in force. stand. to haue his Mats pcuringe of men. Ga: Wishere desire Gabriell Wisher haveinge presented himselfe vnto the Courte with Ires to ye Kinge of offer of his service for procuringe of men skillfull in divers Comodi- Sweadland for ties out of Sweadland and Poland att an easie charge soe hee might have his Mats: Ires 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 pts who might provide them wth a farr less charge, In the the meane time the Company would content themselvs wth those DECEMBER 13, 1620 431 they hadd allredie in Virginia whome they would supply wth more helpinge hands, which was the thinge they cheiflie desyred. licite ye Lord Mr Deputie signified that itt pleased my Lord of Southampto to write A Comittee to so- verie effectually to the Lord Maior of the Cittie for a certaine num- Maior for aun- ber of Children as was desyred by a former order of Courte: And swere of ye Tre therfore moved that a Comittee might be appoynted to sollicite the sent to him by my Lord Maior for aunswere of the said Ire for wch purpose the Courte nominated these followinge, vizd*: m' Smith, m' Swinhoe m' Casswell, m' Chambers, and m' Palmer. Mr Doctor Bohune haveinge desyred yt hee might be a Phisition gen- erall for the Company accordinge to such Condicons 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 woh 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 pticula" 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. Lo: of Southton D' Bohune Phisi- tian for ye generall Company. Fraunce. Cr. Mr Deputy signified that hee had receaved good store of Silkworme silkwormes seed both out of Fraunce, Italy, and Spaine, and doubted not of much brought out of 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 m¹ Chamberline a man very care- full in yt buisines In the meane time hee acquainted the Courte wth one yt m' Darnelly had pcured for them beinge the servant of m 16455-VOL 1—06—28 432 RECORDS OF THE VIRGINIA COMPANY lenge seruant to m² Iasper Stal- Iespar Stallenge who had these five years togeather been brought vp goe to Virg: for in tendinge of the Kinge Silkewormes vnder his said m': wherby hee breedinge y was become very skillfull in breedinge of the wormes and in wyndinge Wormes. of their Silke, and was allso a good Gardner and that his said m¹ 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 Condičon that the Company would please xx" to be giuen to in Consideračon of his said time to give his said m³ xxl 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. his m': ye French book The first parte of Hee further signified that the first pt of the french Booke concern- all most finished. 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 valuačon 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 yt hadd exceeded haue the first t ye Olde Planters Itt was moved that for the better encourragm of such of the old others in buildinge Plante" as had exceeded others in buildinge of fitt houses for Silk- of fitt roomes for wormes and in plantinge Mulberie Trees and Vynes accordinge to a Silk wormes C. to former dyreccon in that behalfe, might have the advantage before choyce of Appren: 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 The Company them againe within one yeare' (no whitt in tobacco) but in a good they shalbe at in quantity of Corne, Silke, Silkgrasse and other such Comodities and furnishing them that at the same rates, as were perticularly sett doune vnto them in a out shalbe repayd booke conteyninge their severall valuačons. And that significačon hereof might be given in the Counsells letters to the Gouerno', here for y' charge by their m" in Corne Cr .th ¹These two printed books are mentioned in the List of Records, Nos. 150 and 151, page 138, ante. '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 DECEMBER 13, 1620 433 further intimačon of a Charter intended to be passed att the next Quart Court to that effect: wch proposicons the Court did generally agree vnto and ordered for performance of the same accordingly. močon for bring- St Edwin Sandys moved, that whereas the bringing over of Sassaphras s Edwin Sandys in so great aboundance, had brought the price thereof to so lowe a ing ou9 of Sassa- rate, as it was now worth little; ffor remeady whereof [(] if the Court phras so thought fitt) they would make an offer to the Company in Virginia to compound wth them for the same: weh 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 yº Counsells letter to the Gouernor wch motion was well approved of, and therevpon it was ordered that it might be effected accordingly. desired to drawe It was likewise moved that some might be appointed to drawe the St Edwin Sandys said Counselle letter vnto the Gouerno wch was to goe wth the Shippe ye Generall fre. now bound for Virginia: wherevpon the Courte entreated St 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. Comaund of 50 persons vnder him Captaine Roger Smith being desirous to goe this present voyage to Capt Roger Smith Virginia, moved that he might have the charge of some of those to haue 30: & yo 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 30: freely to furnishe him wth necessaries and ordered that he should have the comand of 50 persons nowe transported to be Tenante vpon the Companies land. 434 RECORDS OF THE VIRGINIA COMPANY Scholler desirous to goe to Virg: Capt Smithe mo- The said Captaine Smith further moved in the behallf of a younge con for 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. be treated wth by the Comittees. 1 Capt Maddison to Captain Maddison having been heretofore twelue yeares togeather in Virginia, and there imployed by St Thomas Dale (the Gouerno") in discovering the said Countrye and severall Rivers therein: did nowe peticon that he might retourne to the Colony and proceed in a further discouering of Comodious places for habitacon 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. [180] Capt: Somere re- A motion beinge made on the behalfe of Captaine Somers for con- firminge vnto him such lands as was due vnto his vncle St George Sumers for his adventure wch appeared by Account to be 470": and whereas further also, there was demaunded a proporcon of land for the personall adventure of the said George Sumers 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 proporčon of land, vpon merite. quest. to giue his hand Mr Deputie signified that my lord of Southampton (being to goe out S Edwin Sandys of Towne and like to be a long time absent) desired that S Edwin for receipte of mon- Sandys might be authorized by order of Courte to giue his hand for ey in my Lo: of receipt of money to the vse of the Company: wch was generally assented vnto and ordered that wth their good approbacon he should be herevnto authorised accordingly. Southtone ab- sence. 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. JANUARY 29, 1620 435 A PREPARATIUE COURT HELD THE 29 IANUA: PRESENT the right honoble: Earle of Southampton. Lo: Cauendish. Lo: Pagett. Sr Edward Sackuill. m' Deputy fferrar. mr Zouch. m' Gibbe. mr Tucker. m² Wroth. I m' Earle. m' Geo: Sandys. m' Doctor Anthony. m' Sheppard. m' Bromefeild. r m' Tomline. m' Smyth. m' Nicho: fferrar. m' Ditchfeild. m' Seaward. m' Wheately. St Edwin Sandys. Sr Iohn Dauers. Sr ffran: Wyate. ST Walter Earle. m' Bearblock. m' Casewell. m' Mellinge. m' Cuffe. mr Combe. m' Baynham. m' Wyddowes. m' Sparrowe. m' Newporte. m' Kightley. wth divers others. ampton moved or to chuse another My lo: of Southampton signified vnto this Court that for so much as the My lo: of South- time of St George Yeardleys Comission of Gouernorshipp would ere either to confirme longe be expired, beinge to continue but till November next: It was S Geo: Yeardley therfore expedient nowe at this Quarter Court (in respect of the in his former place shortnes of the time) either to confirme S Geo: Yeardly againe in in his steed. his said [181] office by a newe elecĉon: 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 Lo³ did the rather encline vnto, because he had receaved adver- tisement of St George Yeardly importuninge desire to relinquish his 436 RECORDS OF THE VIRGINIA COMPANY ended by his Lop Gouerno'. said office at the expiračon of his said Comission, in reguard he had soe longe a time togeather (nowe allmost three yeares) attended wholly vpon the publique service. S' ffra: Wyate com- His LoP: therfore proposed vnto the Company a gentleman recom- for the place of ended vnto him for his many good parte (namely ST 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 Lo": praied the Company not to neglect the nominacon 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- con of §ats the next Quarter Courte. A Comittee to ex- Sr Iohn Dauers moved that accordinge to a former order of Courte amine ye draft of St Willm Mounson and intimačon by the Counsells letters vnto the Gouerno" of a Patent • Patent. 2. shares to Sr intended to be granted to ST 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 Comittee 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 viz' m' Wroth, m² Gibbe m' Deputy m' Kightly & m' Bearblock: m² George Sandys Mr George Sandys havinge moved that he might passe ouer two ffrances Weyn- Shares of land vnto S ffrancis Wyneman wch were formerly assigned vnto him by m' Thomas Sandys, the Court was pleased to grant his request. man. made a member of ye Comp: S Rich: Bulkley Sr Edwin Sandys signified that S Richard Bulkly of Beamorris in the County of Anglesy, desired to be a member of this Company, for wch having payde in his 25": praide he might haue his bills of Adven- ture vnder the Companies Seale wch the Court ordered should be granted vnto him. [182] JANUARY 29, 1620 437 1 warned. A motion beinge made that m' Woodall, might be warned in at this m' Woodall to be 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 S Edwin Sandys according to a former order of Court, made the 18th of Iuly last. M' Caswell signified vnto his LoP: (as m' 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 pceeded 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. Sr Thomas ffinch. Sr Iohn Dauers. Sr Robert Phillip. m' Henry Mannering. St Edward Lawly. Doctor Gulston. m' Deputy fferrar. m² Bromfeild. Earle of Dorsett. Earle of Deuonshire. Lord Padgett. St Nicholas Tufton. Sr Willm Twisden. Sr Samuell Sandys. St Edwyn Sandys. Sr Phillip Carey. m' Kightly. m' Iermyne. m' Steward. ST Walter Earle. Sr ffrancis Wyate. Sr ffrancis Wyneman. m' Iohn Wroth. m' Gibbe. [183] m' Chamberlaine. m' Mellinge. m' Seaward. 438 RECORDS OF THE VIRGINIA COMPANY m' Wrothsby. m' Sheppard. m' Cranmer. m' Scott. m' Bernard. m' Lawrence. m' Geo: Sandys. m' Robte Smith. m' Linsey. m' Palauacine. m' Whitley. m' Louer. m' Nicho: fferrar. mr Widdowes. m' Rugles. m' Darnelly. m' Berblock. m' Casewell. answere to their Ire. m' Bland. m' Bull. m' Cartwright. m' Edwarde. m' Swinho: m' Chamberlen. m' Couell. wth divers others. MyLo: signified of My Lord of Southampton signified vnto the Company that he had his Ma": gracious been mindefull of their former requeste, and for that cause had that morninge been wth my Lord of Doncaster, to §knowes 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 His Male: was will- Company all the favour and right they iustly could desire. And ing to renew their 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 pliudiciall 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 wh most gračous and Princely favo": extended 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] sons Patent read. S' Willm Moun- 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 JANUARY 29, 1620 439 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 lymitacons following should be inserted therein: recomendinge Addicons to be in- the Care hereof to see it done to those former Comittees appointed to examine the same. vizt. 1. To Lymitt the Comodities to two first and no other, that the Pat- entees shall discover and plant. 2. To add this Proviso in these words that the said two Comodities be none of those Comodities pertucularly named in a booke of the valuacon of the Comodities in Virginia lately published; nor of such other Comodities as the Governo' and Counsell of Virginia shall have also excepted. 3. Thirdly that the Clause touchinge examimačon vpon oath be cleane left out. 4. ffourthly that there be an exception of all Mynes & Minneralls. serted. to my Lo: of South- ton: St Edwyn Sandys signified that my Lo: of Southampton being one of A Patent granted 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 Plantačon in Virginia, to the number of 300 shares, moved that a Patent might be granted to his Lo³: and order taken for some pparation in the meane tyme to be there made, for the better encouragem: of the Adventurors and set- ting forward of so noble a designe; woh močon 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 hono': and by wch by example might [185] drawe on others, wth like resolucon to advance more perticuler Plantacons in Virginia and thereby in shorte tyme replenish that Country wth good multitudes of people. The Secretaries peticon was referred to the Auditors and Comittees The Secrē Peticon to be considered of who are desired to certifie what they shall thinke referred. fitt to be donne therein. 440 RECORDS OF THE VIRGINIA COMPANY m' Markhams re- The Auditors being put in mynde of m' Markhams request for some ward respited. allowance for his paines extraordinary in the Companies service. It was thought fitt to respitt his reward, vntill they had further pceeded in St Thomas Smiths Accounts, whereby his deserte that way would the better appeare. goe to the elecĉon My Lo: desired to After these businesses were thus ordered: and the Court nowe full, of their Godec, my Lord of Southampton moved that if the Company so pleased they would now goe to the elecčon of their newe Gouerno' of Virginia who was to succeed St George Yeardly after the expiration of his said Comission (wch is to determine in Nouemb: next, St George Yeardley having then allso a desire to release and disburden himsellf of the said place of Gouernm*:) The Court therfore proceeded having agreed to a present elecčon 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 chosen Gouernor 1 Sr ffrauncis Wyate But no other person being so much as named and for that this gentle- man S 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 with the whole consent and appro- bačon of the same, (save two only2 [186] whose balls were found in the negatiav box) chosen to be the successiue Gouerno': of Virginia Sr ffrancis Wyate after S George Yeardley: wch place S' ffrancis Wyate having wth much thankfullnes accepted of, and with a free acknowledgment of his affeccon and resolučon constantly bent to doe the Company the best service he could in that place: It was likewise moued that for Sr ffrancis Wyate his better encouragement herein the Court would be pleased to bestowe another favo' vpon him by admitting him one of his Mats: Counsell here for Virginia woh močon was thought very reasonable acknowlegm thanks Cr. of to be of ye Coun- gell. ¹Letters 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. 'Two blank pages in the manuscript, not numbered, were evidently unintentionally passed over by the copyist. FEBRUARY 22, 1620 441 and was generally assented vnto, as being willing in point of hono": to enhable and encourage him, the better to vndertake the said place of gouerm*: vpon him. AN EXTRAORDINARY COURT HELD FOR VIRGINIA 22: FEBRUARIJ 1620: St Edwin Sandys. Sr Iohn Dauers. Sr ffran: Wyate. m' Deputy. m' Wroth. mr Wrote. m' Gibbe. m' Sheppard. m' Casewell. PRESENT m' Smith. Captain Bargraue. mr Iermin. m' Doctor Anthony. m' George Sandys. m' Hicks. r m' Nicho: fferrar. m' Cranmer. m' Beareblock. m' Whitly. r m' Palmer. m² Widdowes. m' Baynam. m' Edwarde. m' Melling. m² Roberte. m' Viner. m' Smith. m' Chamberlen. wth divers others. sired to be ex- of St Edwin Sandys signified vnto the Company that my Lord of South- My Lo: of South- ampton by reason of this buissy time of Parliam*: could not be spared tons absence de- to be here at this present meetinge; and therfore desired to be cused. 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 s Edwin Sandys paines he had taken, aswell to amend in this newe draft, the defecte declaračon he had noted in all the former Patente, also to supply out of them, Patent drawing vp y° new and other Presedent 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 442 RECORDS OF THE VIRGINIA COMPANY The Court tinued to acquainte them wth some alteračons he had made therein, differ- ing from the former Patente, especially in two pointƐ 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 Gouerno': because the name Treasuror seemed to imploy an inferio officer and one that was to be an Accountant. 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 Incorporačon 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 C. 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 with all other [188] Adventurors and Planters in Virginia Cr. some other necessary alteračons and addičons, he said he had made in some other parte of the said Patent, weh in the reading he would notifie vnto them desiringe their attentacon attencons to the reading thereof, and to giue their best advise about the same. con- 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. of the Sumer A močon of some It was also moved by some of the Somer Ilands company that yº Court Ilands Compa: sig. Would please to thinke of some Course that might be forthwth taken nifying y great in hand either by peticoninge to his Matie: or to the howse of Parlia- losse they haue ment, to declare thereby the great hinderance and losse that both the Late Proclamacon Plantacons had susteyned by the late Proclamation and Graunt of the sole importacon of Tobacco to certaine Patentees: As likewise vnder sustayned by ye C'. FEBRUARY 22, 1620 443 coulo' thereof: of their iniurious proceedings against both the Com- panies in that they have not onely stinted them, to too scant a ppor- čon but have also restrayned them from sellinge their Tobacco lately brought from the Somer Ilands wthout their Seale & allowance first had for wch they were to pay for garblinge the same after the rate of fower pence p". drawen to ye lower house of Parliam*. The Court therfore generally agreed to pferr a peticon to the lower A peticon to be 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 destrucčon and overthrowe of both the said Plantačons, 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 Mat: gračous pmission intended vtterly to extinguish. [189] con. It was therfore ordered that a Comittee should be appointed for draw- A Comittee for ing the said peticon and for this purpose nominated Sr ffrancis Wyate drawing y° Peti- m' George Sandys and m' Deputy fferrar who are desired to take some paines therein and to make it in substance agreeable to that weh Sr Edwyn Sandys had deliuered vnto them. ch The Patent being reade and put to the question to knowe whither The Patent ap- they would have it so to passe or desired any thinge to be added there- proued of vnto, it was generally well approved of, and thought to be drawne fully and exactly, for weh the Company gave vnto St Edwyn Sandys many deserved thank for his great paines taken therein. conc'ning such person Cr. Herevpon m' Wrote tooke occasion to pray the Court, to take into m' Wrotes mocon consideračon such suite as now depend betweene the Company and suites as depend any person, being heretofore comenced in the name of the Treasuror between the Com- and company (wch by this newe Patent was hereafter to be called the pany & any other Gouernor and Company) were not so concluded, as they must of necessity be inforced to begin their suit 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. 1 444 RECORDS OF THE VIRGINIA COMPANY to procure his Mat: warrant to m' Sollicitor. The LL: desired St 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 m' 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 expedičon. [190] ruse Capt Bar- graues treatise. A Comittee to pe- 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 S ffrancis Wyate m' Gibbs m' Wrote m' Deputy m George Sandys Captain Masters Captain Bingham m' Nicholas fferrar and m' 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. AT A COURT HELD FOR VIRGINIA THE 12 OF APRILL 1621: PRESENT. The right honoble The Ea: of Huntingdon. The Ea: of Southampton. St Edwyn Sandys. Sr Iohn Dauers. Sr Iohn Wolstenholme. Sr ffrancis Wyate. m' Gibbs. m' Deputy. m' Phil: Iermyn. m' Chris: Earle. Capt: Bargraue. Sr Iohn Brookes. Sr Walter Earle. m' Rogers. m' Bennett. m' Berblock. m' Sheppard. m' Cranmer. m' Boothby. m' Iadwin. m² Hamor. m' Tucker. mr Coombs. m² Baynam. mr Hackett. m' Newport. m' Ewen. mr Viner. APRIL 12, 1621 445 Doctor: Wynston. m' Iohn Smyth. m' Moone. m' Keightly. m' Palavacin. m' Smith. m' Peirce. m' Barbor. m' Cuff. m' Canninge. m' Leauer. m² Bull. m² Widdowes. m' Meuerell. r m' Woodall. report of what had St Edwyn Sandys being desired to make reporte what had ben done St Edwyn Sandys conc'ning the newe Patent, signified vnto the Company, that whereas been done about the Lo: Viscont Doncaster had form⁹ly psented a letter from the the new Patent. Counsell to the kinge, wherein among other things they did humbly entreate his Mats: most gracous 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 m' Attorney generall for drawinge vp the same: To wch end he said, that he and m² Herbert and m¹ Deputy had attended m' 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 ymunities as had been graunted in their former Patente, the second some addicons as they had taken out of the Somer 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 point as were in generall word imployed in their former Graunte. In reading whereof m' Attorney well obserued that their newe Incor- poration differing in name from the old (the Trer beinge in this called by the name of Gouerno':) 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 Corporačons: But this point m' Atturney vndertooke to amend by altering the forme, and framing it another way: But as for such new clauses & addicons wch they had made, m' Attorney desired he might have a speciall warrant from his Matie: to that effect: To weh purpose St Edwyn Sandys said there was nowe a peticon drawne to be exhibited to his Matie for procuring a reference to such of his Highnes most honoble: 446 RECORDS OF THE VIRGINIA COMPANY nett made free. priuy Counsell as it should please his Matie: to assigne, to take con- sideračon of those newe clauses wch they desired to be inserted in their Patent wch petičon my Lo: of Doncaster out of a noble desire to farther all occasions tendinge to the good of the Plantačon was pleased to vndertake to present vnto his Matie: and to solicite for answeare touching their request. [192] m² Edward Ben- S' Edwyn Sandys moved that in regard m' Edward Bennett a Cittizen had so well deserved of this Company by a treatise wch he made touching the inconvenience that the importacon of Tobacco out of Spaine had brought into this land: and by his often attendance vpon the Comittees of the lower howse of Comons 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 favo to be admitted a free member of the Company wch močon was thought very reasonable and being put to the question was generally assented vnto and confirmed by ereccon of hande. Capt Willm Newce Whereas Captaine William Newce out of a generous disposicon and offer to transport desire to advance the generall Plantačon in Virginia (being induced 1000 persons 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 cost and charges 1000 persons into Virginia betwixt this and midsomer 1625: to be there planted and imployed vpon a pertic- ular Plantačon: and intendeth to goe over himsellfe in person, the better to direct and gouerne his owne people over whome he prayes, his request for a he may be appointed their Generall and to that end desireth a Patent Patent. his request for y place of Marshall in Virginia wth that proporčon 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 consideračon of the Chargeableness, of the enterprise he vndertakes, as also for his better encouragem* 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 APRIL 12, 1621 447 great Comendacon): And desires likewise that he may be allowed 50: men to be placed as Tenante vpon the land to be alotted vnto the said office, wch he vndertakes to transporte and furnish wth apparell and necessary implement for 8": the pson 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 proposičons (concerning wch the Counsell had also treated with him formerly) were pleased to giue order that a Patent should be drawne for him, as ample as any A Patent graunted 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 Gouerno only. him And forasmuch as Captaine Newce hath given so large a testimony The place of Mar- shall graunted to of his experience and skill in Marshall discipline wherein he hath gr Willm Newce. bene exercised and imployed a long tyme, vpon many seruices in Ireland, as allso in matters of fortificacon and other warlike experi- mente no whitt inferio to any (as hath been also testified) and for that he hath also promised to imploy his best endeavo" and service, to the good of that Plantačon (wch is like to proue a matter of great consequence vnto it) in consideračon 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: 50: men to be al- men to be his Tenante. And if the State of their Cash (wch the Adventurors are now desired to examine,) will pmitt, they will pay him in hand one Moytie of the money that he desires, and the other Moytie vpon Certificate from the Gouerno' of his arrivall in Virginia: As for other condicons of the Contract to be made betweene the Com- A Comittee ap- pany and him: It is agreed and ordered that y° generall Comittees pointed to treate with him. assisted with 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 St Edwyn Sandys house vpon Saturday being the 14th of this present Moneth. 16455-VOL 1—06—29 lowed him. 448 RECORDS OF THE VIRGINIA COMPANY Counsell. Comittees. The names of those of ye Counsell that are desired to assist the Comittees are these vizt. St Edwyn Sandys. Sr Iohn Dauers. m' Sheppard. m' Deputy. m² Gibbs. The names of the generall Comittees are these vizt. m' Cranmer. m' Iermin. m' Wrote. m² Doc: Winston. m' Keightley. m' Bland. m' Barnard. m' Bearblocke. m² Bull. m' Boothby. mr Wiseman. m' Nich: fferrar. m' Chambers. m' Geo: Smith. m' Iones. m' Wheatley. m' Clarke. m' Darnelly. m² Casewell. m' Melling. My La: Berkly ad- M¹ Smith signified vnto the Company that my Lady Berkley out of a mitted to be free. desire to be a member of so honoble: a Company and to giue some furtherance to so hopefull a Plantacon was pleased to offer her sellf to come in vpon one share of land nowe at first for wch shee would pay in her 12¹¹ 10°. And therfore [195] moved her la³: might be admitted into this Society: which močon was thought very reason- able and was generally assented vnto. sell of State in Vir- ginia. m' Oulsworth to He likewise moued that in regard m' Ouldsworth (now in Virginia) be one of y° Coun- when he was in England lyved in that reputacon 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 močon 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. consider of the The Comittees to St Edwyn Sandys moved that for so much as St ffrauncis Wyate, is by charge Cryt is to a generall elecĉon appointed to succeed St George Yeardley in the place be prouided for S' of Gouerno' over the Colony in Virginia; whose Comission determines in Novemb: next: That therfore the generall Comittees, assisted wth ffra: Wyate. APRIL 12, 1621 449 those of the Counsell, formerly named, might consider, both what charges and what Company, and other preparacons shall be fitt and necessary to be provided for a man of his quality and place, whereby S' ffrauncis Wyate may the better vnderstand howe to accomodate himself against his goinge: wch močon was thought very important and therfore the Court ordered it, to be referred to the Comittees formerly nominated. con referred. Captain Mathewe Somere peticon is referred to the examinacon of the Capt. Somere peti- said Comittees before whome he is required to make it appeare what was due vnto his Vncle St George Somers as likewise y° iustnes of his Clayme therevnto in the right of his said vncle now deceased whose heire he pretendeth himsellf to be. [196] Rich: Buckley. St Edwyn Sandys moved, that for somuch as S Richard Bulkley hav- A Patent to Sr ing purchased two shares of land for weh he had paid in his 25": intended nowe to make a perticular Plantačon in Virginia, and to send over 100 psons at his owne Charge: moued that he might for that purpose have a Patent graunted vnto him: wch močon was accord- ingly assented vnto. fence Health Cr. to St Edwyn Sandys signified that there was one (vnknowne to him by The treatise of de- face) was nowe in hand wth an excellent Tretise consisting of these be ready agt: yo five speciall heade Defence, Plentie Health, Trade and Manners, all next meeting. tendinge to the reformačon of the Colony in Virginia, and the future advancement of the generall Plantacon: 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. It was likewise moved that for somuch as there hath hetherto been The neglect in the observed so great neglect and remissenes in the Gouerno's: of Virginia, ing of Staple Com- Gou9nors for plant- from tyme to tyme (to the infinite preiudice of that Plantacon) in that odities. they haue not duely performed those direcčons, which haue from hence been Comended, to their care and execučon, 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 450 RECORDS OF THE VIRGINIA COMPANY of a Treasuror in that Country, to the great scandall of the gouerment there, and noe lesse discouragement of the Adventurors here, that for reformation An officer to be hereof such an [197] officer may be chosen, to be sent thither, who sent in ye quality might in the qualitie of a Treasurer not onely to take into his pticuler charge the Rente and duties of what kind soever, belonging to the Company here (there being at this instant aboue 1000": due vnto them) but also take into his speciall reguard and care, (as principally recom- ended to his peculiar Charge onely and for wch a good Account wilbe expected) to see those direccons and comaundemente 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 močon 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: 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 m' George Sandys him namely m' 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 elecčon; referring him to the former Comittees to be further treated and concluded with concerning the same. named for Treas- uro'. m' Smithe mocon touching y newe Patent. Herevpon, and vpon declaračon of the State of the newe Patent made by St Edwin Sandys, m' Smith tooke occasion, first to ptest that his eye, in that he had to speake, reflected not either vpon y person of the nowe Gouerno': in Virginia, or vpon the new Gouerno' here in Court, or vpon any other in perticular but for the generall hono': and welfare of the Plantation, was to entreat of my lord of Southampton & the Counsell: that in the said Patent (if no such [198] addičon yt ye Gouerno' of of power were therein inserted) authority might be given to the questioned in Eng: quarter Courte, to question the Gouerno' 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 Virginia may be C APRIL 12, 1621 451 publicum but priuatum comodum 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 direcĉons or instrucčons (which wth singler wisedome dilligence and care) had from tyme to tyme issued from the Treasuro': and Counsell here; had been put by them in execučon to the losse of many mens lives there, to the hinderance & scandall of the whole Plantačon and to the disesteeme and slightinge of the psons of the Treasuror and Counsell here, and the authoritie of the whole Court, weh he onely presumed to comend to their consideracons. But herevnto answeare was made yt it was the opinion of m² Atturney generall vpon a smaler The opinion of m 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. Power to displace 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 Atturney Generall. ye Gou9no', Mr Smith likewise moved: That for so much as ye lottaries were now m' Smiths Močon for a faire history suspended, which hetherto had continued the reall and substantiall to be put out in food, by which Virginia hath been nourished: [199] That insteade Print C. 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 Plantačon in the popular opinion of the Comon 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 S Thomas Dale St George Somers S Walter Rawleigh the Lo: Dela- warr S: 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 comended to eternall thankefullnes, for that our inhabilities had as yet no trewer Coyne, ¹ This is the last mention of the new patent. See Introduction, page 102, ante. 452 RECORDS OF THE VIRGINIA COMPANY wherewith to recompence their paines and merrite, affirming also, that the best now planted parte of America, vnd' 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 relačon 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 comon Subiect, may be gathered by the little Pamphlette or declaračons 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] 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 weh also, m' Smyth (as preferring alwaies močons of speciall consequence) was exceedingly comended." A PREPARATIUE COURT FOR VIRGINIA 30: APRILIS 1621: Sr Iohn Dauers. Sr ffrancis Wyate. Sr Henry Raynsford. m' Deputy. r m' Gibbe. m' Wrote. PRESENT: mr Bland. m' Henry Rainsford. m' Edw: Gibbe. r m' Rogers. m' Cranmer. m' Challoner. m' Melling. m' Geo: Smith. m' Meuerell. m' Wale. mr Parker. m' Nich: fferrar. This book is not again referred to, but is doubtless John Smith's "The Generall Historie of Virginia." APRIL 30, 1621 453 Capt Newce. m' Geo: Sandys. Doctor Anthony. m' Smith. m' Shepperd. mr Steward. m' Wheatly. m' Boothby. m² Barbor. m' Rugles. m' Widdowes. m' Baynam. mr Couell. m' Ewens. mr Combs. m' Bull. Captain Tucker. m' Casewell. uror held very Whereas it hath been taken into consideračon howe importantly The officers of necessary it is to establish two such officers in Virginia as Marshall Marshall & Treas- and Treasuror whereby the one might take into his care and charge necessary. 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 debt that now and here after shalbe due vnto the Company (there being already aboue 1000" to be answeared vnto them) but further also see those direcčons that he shall receave from home for the setting forward all staple Comodities duely and faith- fully executed from time to tyme (wherein a very great neglect hath hetherto been observed to the infinite preiudice of that Plantačon) And for asmuch as Captain William Newce hath been specially Capt Newce for recomended vnto this Company by divers honoble: persons of this the place of Mar- 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 m' Sandys was in like manner proposed whome m' Sandys for ye all men conceaved to be every way sufficient, to take that charge place of Treasuror. vpon him: It was thought fitt and ordered that the generall Comit- The Generall Com- tees, assisted wth some of the Counsell, should meete togeather and advise aswell for setling of the said offices and places and for accom- said offices. odating them wth fitting allowances and people. As also to take the like care that the Newe Gouerno' shortly to be sent be well provided and accomodated fitting for his place and quality, Wherevpon m' shall. ittees to advise for ye setling of the 454 RECORDS OF THE VIRGINIA COMPANY Comittees had It was reported by Deputy desired St Iohn Dauers to deliver what had been donn by the Sr Io: Dauers yt ye Comittees concerning the same who reported that they had taken taken great paines 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 Cr maynteñnce of yo the present State of the Cash what it was now able to performe.' [202] Allowance for ye And first for the place of Marshall the said Comittees haue allotted place of Marshall. 1500: acres of land to be appropriated to that office for ever, And the number of 50: psons 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 wtball thing necessary for the cultivatinge thereof and the same number to maintaine and keepe, and so to leave to his Successor. In consideračon whereof they have agreed to paye vnto him the said Captain Newce 200": in hand at the sealing of his Comission for that place and other 200": toward 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. maintenfice of ye Allowance for y And for the maintenance of the said Treasuror, the said Comittees place of Treasuror. 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: psons) to be transported at the Comp" charges: And toward furnish- inge of himsellfe for the voiage, according to former Presidente in the like nature, they thought fitt to allowe 150". Capt Thomas And concerning Captain Thomas Newce (the Companies deputy in Newce 10 persons. Virginia) aswell in discharge of a former pmise made vnto him as also to thend his reward might be no lesse then others whose paines and desert they doubted not but he would equall they have agreed to add 10: psons more (when the Comp: shalbe able) to make vp his former number 50. [203] 'The system of government for the colony is mentioned in List of Records, No. 261, page 149, ante. APRIL 30, 1621 455 graunted to Capt. these officers (vizt) Cr. The Comittees thought meete also, that for all officers thus setled, the The Priviledges same priviledges (graunted vnto the said Captaine Thomas Newce Tho: Newce to be deputy) should in like sort be given vizt: that whosoever for their likewise granted to sakes should bringe in any adventure of 12 10": 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 subscripčon that shall be procured and brought in, by their meanes. And as touching the Gouerno': shortly to be sent: It was thought fitt The Gou9no* to be to haue all necessaries in such readines as to have him shipped and be gonn by Iuly. gon the Voyadge by the prime of Iuly and the men to be taken in, at the Ile of Wight. ffor the more speedy effecting whereof, it is also agreed that the The Comittees to Comittees should be required to enquire out the Shipp meete for this enquire out a intended voyadge. Shipp. Comittees to yo It was allso thought fitt by the said Comittees not to allowe ye Gou9- 200" allowed by y no': lesse then two hundred pounde for all necessary provisions to be Gou9no: & yo made for his voyadge And to allowe him the transport of himsellf transport of 20. and such as shall attend him so as the number exceed not 20 psons. ch All weh allowances the Court thought very reasonable and therefore recomended them to the Confirmation of the Quarter Courte. τ persons. tees. offer. Mr Deputy signified that according to the direcõons of the former The George found Comittees, they had made enquiry and had already found out a very out by y Comit- good Shipp, called the George very fitting for their purpose weh m Wiseman offered vpon these Condicons following vizt yt shee should m Wysemans carry no more then 80 men [204] and them at 6¹i a man after wch rate he desires to have the whole payment in hand: he demands likewise for each tun of goode 3": & 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 homeward he will take it as it falls out and offereth to bynde himselfe to bring the Companies Tobacco at 3ª the pound or otherwise to leave it, at their pleasure for the price and 456 RECORDS OF THE VIRGINIA COMPANY omended to the Quarter Court. whither they will accept to have it brought in his Shipp or no; wh m' Ewens also agreed vnto, offring to carry their Tobacco as good Cheape as another, and otherwise they did not desire it. The said offer rec- Wch proposičons the Court thought very reasonable and therfore rec- omended it to the Quarter Court, and wthall enioyned the said m 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. I očen for casting id cers Teñnte o ye number of the Publique: ts John Dauers Sr Iohn Dauers delivered (and referred it to the Consideračon of the dalotting all ye Courte) a močon that fell out to be made after the treaty of the Com- u9no and other ittees concerning the former officers was concluded: wch was that in reguard of the vsuall constitučon of men and land 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 Gouerno': and other officers should have their p 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 močon being conceaved an Innovačon and to overthrowe thing 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 reformačon as might be hoped. Nevertheles it was worthy consideračon whither the Treasurors place and other hereafter to be established might not very fittingly be referred to receaue their proporčonable mayntenance from the proffit 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 pticulers: wch močon was thought fitt to be considered of hereafter. APRIL 30, 1621 457 Gou9nors in not Mr Wrote moved that for somuch as the Gouerno: hetherto as he m' Wrotes močon had heard had not donn according to their instrucčons to cause their of the neglect of Tenante to plant and builde howses whereby they might haue a fixed buildinge howses. place of abiding and subsistence that therefore the newe Gouerno¹ C. and all others hereafter might be the more strictly dealt wthall, in their Instruccons concerning that point whereby the Company may not be inforced hereafter at the seaven yeares end to send over fresh supplies of psons vpon a newe charge wch močon was thought fitt to be recomended to the care and consideračon of the Counsell and to insert that Prouiso in his Comission and Instrucčons. sellor❜: to be con- Whereas in respect of the personall worth and merritt of m': Ouls- The Place of Coun- worth nowe in Virginia a močon was made for conferring vpon him ferred on m' Ouls- the Chansello'ship ||Chauncellor'||: wherein he had [206] some good worth referred. 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. count. Mr Deputy acquainted the Court that for so much as the orders of the Every officer to Company did require every officer to give vp his Account for the giue vp his Ac- yeare past at this Quart' Court according to his place he thought good for somuch as concerned him and to yeeld them a true Account (not doubting but that pte of Account woh conc'ned my Lo: of South- ampton himsellf it would please his LoP: to relate vnto them to their good satisfacčon.) .ch uties Accomt. Concerning m❜ deputies Account he shewed that whereas he had Conc'ning in' Dep- receaved divers Somes 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 pfect Account of all the pticulars 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 458 RECORDS OF THE VIRGINIA COMPANY of provisions vpon their Creditte hoping to have receaved money ere this tyme from m' Barbor for clearing those debte. Wherby his Account might have been perfected against this Quarter Court. 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 psently 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 m² Deputies re- be pleased to respite his Account till the moneys were receaved for the paying of such debt as were to be discharged vpon the last yeares Account weh being cleered he promiseth to bring in his Account wch the Court thought verie reasonable. quest to respitt his Accounte. ch ch touching S'Edwyn Touching St Edwyn Sandys Account he likewise declared that in his Sandys Account. absence he was to signify vnto them, that whereas S': Edwin at the giv- ing vp of his place stood bound for the Company, for certaine Sumes of money wch were ordered to be paid vnto him for discharge of the fraight of divers shipps, and other things, weh Shipps for somuch as all of them are not yet returned but daily expected he therfore desired his Account 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 oth" for woh he stoode engaged, wch močon was likewise thought very reasonable and of necessitie to be graunted. with. m² Morewood re- Mr Tucker moved in the behallfe of one m': Norewood whome hee ferred to y Comit- tees to be treated 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 bound of each ptičler Plantacon and that he was very desirous to goe vpon that service that therfore the Company would please to accept of him for their Surveyo': The Court herevpon referred him to the Comittees to be further treated wth about the same. APRIL 30, 1621 459 bestowed on m' M': Deputy having informed the Court of m' Newlande good affecčon 5: shares of Land to the Plantacon and of his extraordinary paines and care he had Newland. taken about the Shipping of the psonns transported in ye Abigaile taken in at the Ile of Wight: In consideračon whereof the Court was pleased to bestowe vpon him 5 shares of land, recomending the same to the confirmacon of this Quarter Court. [208] stowed on m' Bon- It was likewise moved that for somuch as m' Bonnall keeper of the Two Shares be- kingę Silkewormes at Otlande had so well deserved of the Company nell & admitted to by his Care in procuringe the ffrenchmen from Languedock wch were be free. heretofore sent to Virginia and had likewise reported well of Virginia to his Mat: 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 deserving 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. The Auditors and Comittees according to a former order of Court having taken into their consideračon the many buissinesses incident to the Secretaries office (farr exceeding that weh was donn by the The Secretaries former Secretary) thought it fitt in consideračon thereof to enlarge Sallary enlarged. his Salary from xx" p Anñ: to 40: for the time to come and for the yeare past to reward him wth 20: more then his former stypend in respect of his paines extraordinary. Sr Iohn Dauers signified that it was the request of my Lady Lawarre vnto this Courte that in Consideračon of her good remayning in the hande of m' Rolfe in Virginia shee might receave satisfacčon for yº 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 m' Peirce, it was thought fitt that m' 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 LaP: direcčon to that effect. [209] 460 RECORDS OF THE VIRGINIA COMPANY My Lady Lawarr It was signified vnto the Court that my Lady Lawarr and her sonne 40: shares to m² had assigned 40: shares of land in Virginia vnto m' Carter for sun- Carter. drie Adventurors of the Company wch they desired might passe the approbačon of this Courte wch being allowed by the Auditors was graunted. Where, vpon, m' Carters moving to passe these shares followinge, his request was graunted. Shares passed by To m' Henry Rainsford m' Carter. quest graunted. To m' Craddocke To m' Palmer To m' Iohn Harte 8 2 shares 1 share 1 share 1 share Tho: Colby his re- Thomas Colby of London Silkeman peticoning for the Adventure of his Brother Edmondy Colby who paid in xij" x 1609. as likewise for the Adventure of his said Brothers pson, 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. m' Peire 2 shares The Court vpon like request passed these other shares || following viz. to m' Barbor. m' Downes 3.2: shares from m' Lott Peire to m' Barbo". • shares to m' Iohn 3 shares from m' Downes to m' Iohn Smith Smith. to haue his shares m² ffoggs request Vpon request of m' Raph ffogge that he might have the shares passed confirmed vnder vnto him by assignem: confirmed vnto him vnder the Companies Seale, ye Comp": Seale. quired to make his answere. 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 Woodall re- M' Woodall is required at the next Quarter Court in Middsomer Terme to make his psonall 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] m² Capps peticon M' Capps having put a peticon to the Counsell and Comittees at their to be examined by last meeting, for satisfaccon of Certaine land wch he said was taken y newe Gouerno'. APRIL 30, 1621 461 from him by the Gouerno': 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 satisfacčon but to leave the matter to be fully examined by the Newe Governo❜: and therein they promised Iustice and equity. • men free But in regard the said m' Capps was knowne to have donn much serv- m' Capps to haue ice to the Company in the space of 12: yeares wh ||whilst|| he lived in yo passage of 5. Virginia and had not receaved the Reward of 2 Kyne wch y Comp: had three yeares agoe given him, (as some of the Company remem- ber) They thought it therfore fitt (wthout preiudice he pretende in yº land) to bestowe on him the passage and transportacon of five men in reward of his good service: To wch the Courte gave consent and referred the Conclusion to this Quarter Courte. ticon referred. M' Henry Rolfe peticon in the behallfe of his brother Iohn Rolfe in m'Henry Rolfe pe- 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. les peticon re- ferred to Sr ffra: Mr Thomas Harteastles peticon is referred to S ffra: Wyate who at m' Tho: Harteast- his arryvall in Virginia is desired to make enquiry touching such good as the peticoners wyfe Claymeth in the right of her former husband Wyate. 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. referred. Mr Moones peticon touching his Brother Nicholas Moones Adventure m' Moones peticon of money paid into the Treasury, is referred to the examinacon of the Auditors. [211] M' Richard Bulkleys Patent for a perticular Plantation in Virginia mr Bulklies Pat- was nowe read and recomended to the Confirmacon of the Quarter ent. Court. 462 RECORDS OF THE VIRGINIA COMPANY Sr Rich. Worsleis The Patent to ST Richard Worsly and the rest of his Associate was like wise reade and recomended as afore said. Patent. Capt Newce his The Patent of Captaine Newce for a Plantacon was likewise reade and recomended. Patent. porte touching m M' Cranmer m³ Bland m' Melling, m' Nicho: fferrar, by order of Court mett at m' Deputy fferrars house the 30th of Aprill, to examine the bookes what land was due to St George Sumers in Virginia. The Comittees re- Secondly to see what proofes m' Mathewe Sumers could make that Mathewe Sumers. he was St George Sumers heire and that the land belonged vnto him. ffor m' Mathewe Sumers appeared Captaine Bayly and two oth gentlemen. Concerninge the first. The Iournall and lidger being pvsed the Account was found to stand thus St George Sumers is Creditor for sundrie provisions bought by him for the Company fol. 280: .. St George Somers is deputor for seuerall Adventures of St Thomas ffreake & others allowed him, as fol 28. So rests due to St George Summers to be paid in shares of land.. Concerning the second pointe. } 0939¹:-14-9d. 0463 -19-6: 0463 0475 —15—9“. Captaine Baylie confessed yt St George Sumers had a brother called Nicholas Summers, wch Nicho: Sumers had 2 sonns: Nicho: Sum- mers the elder, and Mathewe Sumers the younger to wch Mathew, they say St George Somers his intent and purpose was, that all his land and estate should discend, and to that effect they produced the Copie of St George Sumers his will, but neith' vnder Seale of the office or any Notaries hand, this will they say was made before S Geo: Sum- ers went to Virginia, & neither of the brothers Executor, in this will they shewed a clause to this purpose, yt St George Sumers bequeathed a c'taine Porčon of land & 100 in money to his Nephew Nicholas Sumers vpon Condičon yt ye said Nicho: Sumers || [212] should 11 MAY 2, 1621 463 release vnto his brother Mathewe all manner of right and Title that the said Nicholas Could or might pretend to certain Manor and other lande of St George Somers in certaine Villages in dorsett shire there pticul❜ly 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 St George Somers by vertue whereof they challenge the Lande in Virginia and say they can pduce the release and assignem*: of Nicholas vnto Mathew drawne by a lawyer and engrossed this Nicholas they confesse to be yet alive.' [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. S: Thomas Roe. St Nich: Tufton. Sr Rich: Worsely. m' Deputy fferrar. m' Toby Palauacine. mr Thomas Gibbs. m' Iohn Zouch. mr Iohn Smith. Doctor: Winstone. Doctor: Anthony. ST: Edwyn Sandys. ST: Iohn Dãuers. St: Henry Rainsford. m' George Sandys. Capt: Wm Newce. Capt. Bargraue. m² W™: Oxenbridge. m² Kempe. m' Henry Rainsford. m' Edw: Gibbs. St: Samuell Sandys. ST: Walter Earle. S' ffran: Wyate. Captain Tucker. m' Robte Smith. m' Challon'. m' Porter. mr Moone. m' Jefferson. m' Sheppard. m' Nich: fferrar. ¹The rest of this page 212 is, in the original, without writing. 16455-vol 1—06—30 464 RECORDS OF THE VIRGINIA COMPANY ton can not be of ye Court. m' Peniston m' Cartwright m' Wale m' Scott m' Palmer m' Newland m❜ Abra: Chamberlen m¹ Biddolph m' Boothby m¹ Tomkins m' Iadwin m' Rogers m' Clarke m' Wiseman m' Agres m' Bennett m¹ Couell m' Poulson m' Louer m' Bull m' Bland m' Rugles m' Casewell m' Berblock m' Barker m' Barbor m' Swinho, m' George Smith m' Mellinge m' Swayne m' Widdowes m' Martin m' Ewens Captain Hamer m' Peirce m' Peake wth divers others. r My Lo: of South- M' Deputy signified vnto the Company that my Lo: of Southampton pnte at ye begining could not be here at the begining 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 pticulars yt had been ppounded [214] in the Preparatiue Court and referred to the confirmacon of the greater Quarter Courte. The establishing And first that whereas it hath been taken into consideračon how of the two officers Treasuror. of Marshall and 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 1000": due in that kind) and especially take care, to cause such direcõons 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 yº Care and Charge aswell of the ffortificacons as of the Armes and forces of the Colony and to settle it in that proporcon of strength as it may be able to defend it sellfe against all forraigne Enemyes. in stating ye said offices. The Comittees care 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 proporčoned in man9 follow- inge. IV. Writing of the Third Copyist (not identified) Being page 214 of Volume I of the original MS. the establishing of the two. offriers of Marshall and Treasuror. in se He Preparatione cont and referred to the confirmaron of the greater Quarter Courte./ you And firſt that ſwhereas it gath been taken into consideraren hon veroſpag be and besonfult it is to u hrablish two here officers in spirgina as 6 - Treasurer and a Marschall rostre by the one might be docemutant to rents and dutyes as shall yearely arrue roftreby, the Company here for furt that and belong oude you (there being abroadly, 2000. dus in Gat kinds) and onto க Holl esperially take rare, to raucht suny, disonous as from genre, proveedo bouging the ring forward of good and staple Comodities bo durly and exartly operated from tyme to byme, the neglect resors of ~ ff Gerte hath been an infinite preindire onto the plantaron : Andr that the oper offiver namely the Marshall might ſondertake yo and Sparge aswell of the ffortiferarens as of the domes and formes of the Dolomy and to settle it in that proporton of strength, as it may be able to defend it ſollfe against all forraigne Enemyes., T The Comittees rave in stating I said offires., Fart • with and and that shot officers might be maynt aynot, rave had been taken by the to mittoes, assisted wh some of spe Commfell anording to an order of Conte, and to frate and endows she said offices why a couvement Salary wooh they had proporronede in man followings./ Treve Allowance, Land to be cultivated and почати many Ifirst puts the place of Ervahmer hoy had alloted 18:00: arrés of- I manured by 50: Je forms to be placed Gori = apon in the quality of Tommets at hallfe, to belong to the paid office for eoir: repere of 25 to be sent this proßnt and as more the yeare ensning: with number of 50. gesons & Feahnvor is Conner to mayntanie and Leave to his Perrossor. Morcoder towards the Charge of were spary, provisions, to be made for Ge said Treasure they had allowed (awording to former presidente isot and the fris trang = porte of his family not sprooding the number of 20. gesons. Con Celling now ow ne Maou MAY 2, 1621 465 ffirst vnto the place of Treasuror they had allotted 1500: acres of land Trers Allowance. to be cultivated and manured by 50: psonns 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|l and as many more the yeare ensuing: wch number of 50 psons ye Treasuror is bound to mayntaine and leave to his successor. Moreover toward the Charge of necessary provisions to be made for the said Treasuro' they had allowed (according to former Presidente) 150": and the free transporte of his owne family not exceeding the number of 20 psons. [215] ance. And vnto the place of Marshall in like manner they have thought Marshalls Allow- fitt to allow the like proporčon 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 recom- 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 within 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 200: in hand toward the Charge of his present setting out, and other 200¹: vpon Certificate of his arryvall in Virginia: wh 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 recomend yt tothe Care and wisedome of the Counsell to prescribe the same, and to order and lymitt their proceedinge by instrucĉons. ch ance. It was further signified that the said Comittees have likewise thought Gou⁹nors Allow- fitt to allowe the Gouerno' noe lesse then 200": for all necessary pvisions to be made for this his present voyadge with free transport of his owne family not exceeding twenty persons Wch being now put to the question was ratified and confirmed by a generall errecĉon of hande. 466 RECORDS OF THE VIRGINIA COMPANY moĉon that offi- St John Dauers Vpon this and the like vsuall constitučon of men and lands to belonge cers Teñnte might to every Cheif officers place. S' Iohn Dauers having formerly taken be cast into ya fitt occasion to moue did now againe referr the same to the consid- Company eračon of this Court: that seeing both reason and some experience had taught that officers did more regard, and labor more to advance their owne Tenant 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 Comoditye was therein involued. Wch močon this Court conceavinge it to be of speciall importance thought fitt to referr it to the further consideračon and determinacon of the Counsell. Ewens. The bargaine The bargaine made wth m² Ewens m' of the George, for carryinge 80. made wth m' persons in the said Shipp at vj" a man and 3 a tunne for goode, (after wch rate of 6" a man he is to receaue present payment of the whole Sum togeather) being put to the question was likewise con- firmed.¹ the ffrenchmen. The Contract with The Contract made with 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 Counterpte before their departure hence) the same being now read and after put to the question was ordered to be sealed. •3. Patents. Three patente for pticular Plantacons in Virginia one to S: Rich: Bulkly the second to S 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. 1 ¹ For contracts with William Ewens, see List of Records, Nos. 256, 257, page 149, ante. MAY 2, 1621 467 The Patent heretofore ordered to be graunted to S Willm Mounson S Willm Moun- and his associate being nowe read and observed to be amended accord- sons Patentsealed. ing to a former order of Courte was likewise put to y° question and ordered to be sealed. This Afternoone being nowe farr spent and much buissines remayn- Court continued. ing still to be despatched, it was agreed that the Court should be con- tinued till all matters were ordered. 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: fres Patente was ordeyned Cheifly for elecčon of officers. [217] Wherevpon the names of the Auditors for the last yeare were Auditors Chosen. 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 ST: Edwyn Sandys. Sr Iohn Dauers. m' Iohn fferrar. m' Iohn Wroth. m' Keightly. mr Cranmer. And in respect m' Briggs was nowe gon to Oxford to abyde, there was chosen in his place m' Gibbs: All wch being put to the question were confirmed and tooke the same Oath. Proceeding to the elecčon 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 viz¹. mr Cranmer. m' Berblock. m' Bull. m' Geo: Smith. mr Caswell. m' Melling. mr Barnard. m' Boothby. m' Bland. mr Wiseman. m' Darnelly. m' Nich: fferrar. 468 RECORDS OF THE VIRGINIA COMPANY en Marshall. And having discharged one ffourth parte viz. m' Iones m' Clarke, m' Chambers m' Wheately, choise ||was|| made of these fower in their places viz¹. m' Bennett. m² Ayres. Edward Collingwood Secretary Willm Webbe. Husband Frauncis Carter Beadle m' Biddolph. m' Couell. were confirmed in their former places and tooke their Oath. Capt Newce chos- Proceedinge to the elecõon of Marshall for somuch as Captaine Wil- liam Newce was onely proposed to stand to the elecčon 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: chosen Trer. m' Geo: Sandys M' George Sandys likewise being nominated for the place of Treas- uror and accordingly ballated Swas§ wth like consent (saue of 3 balls onely) chosen and confirmed to be Treasuro': [218] sell here & of ye Marshall & Trer It being moved that two such eminent officers as the Marshall and to be of ye Coun- Treasuror wherevnto so worthy Gentlemen are now elected might State in Virginia. be admitted both of his Mate: Counsell here as also of the Counsell of State in Virginia. The Court conceaved it very fitt and ordered vnto them both accordingly. y' Counsell in' Oulsworth of M' Oulsworth likewise vpon m' Smyths report and comendacon 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. in Shares. The Auditors to A močon being made y¹ the Auditors and Comittees might have some haue some reward 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 distribučon of shares in that kind should take the same into their considerãcons MAY 2, 1621 469 stowed on Sr Ed- wyn Sandys. But in regard of the extraordinary well deservinge of St Edwyn Sandys 20: Shares be- and his Continuall constant endeavor: both before and in the time of his gouerment and since to vphold and advance the Plantacon 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. at vndervalue ffor somuch as it hath been obsrved that the alienating and selling The alienating & shares of land at an vnder value as comonly men do for 40: or 50°: did sellinge of Shares 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 12" 10" for every single share; ffor pventing whereof it was therfore moved that ye Court would please in bestowing shares of land hereafter|| vpon merrite: to graunt it wth [219] such lymitačons, as no man may have liberty to sell, or Shares given vpon transfer his shares to any other for any consideračon whatsoever vnles merritt not to be the Comittee appointed for distribučon of shares should be moved vpon some special 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 Comittee shall thinke otherwise thinke fitt to allowe thereof. The names of the said Comittee are these vizt. sould Cr. St Edwyn Sandys. Sr Iohn Dauers. vnto whome the Court have now added mr Deputy fferrar. m' Herbert and mr Iohn Smith. m' Iermine. The five shares of land graunted to m' Newland as a free guift of the 5. shares to m Comp: in reward of his extraordinary paines taken in their service in Newland 470 RECORDS OF THE VIRGINIA COMPANY Bonnall. taking care of Shipping their people in the Abigaile at the Ile of Wight being now put to ye question was confirmed vpon condicon that he sell them not awaye. 2. shares to m' Two shares of land given to m¹ Bonnall in consideračon 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 condičon. port conc'ning his Account. m': Deputies re- Concerning m¹ Deputies Account he shewed that whereas he had receaved divers Sumes 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 pticulars to the finishing of it: In reguard that himsellfe and the Comittees 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 m' Barbor for clearing those debt whereby his Account might have been served against this Quarter Court. Touching St Ed- wyn Sandys Ac- count. 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 woh would be about five weekƐ 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.' Touching S: Edwyn Sandys Account he likewise declared that in his absence he was to signify vnto them that whereas St Edwyn at the giving vp of his place, stood bound for the Company for certaine Sumes of money wch were ordered to be paid vnto him for discharge of the fraight of divers shipps and other thing: wch Shipps for somuch as 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. MAY 2, 1621 471 1 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 močon was like- wise thought very reasonable and of necessity to be graunted. The encrease of the Secretaries Salary from 20: to 40: p Anñ and Secretaries Sallery his reward of 20": for the time past is likewise confirmed by ereccon of hande. the passage of .5. men free. ampton chosen Mr Capps reward of 5. men passage free at the Companies charge, in m' Capps to haue consideračon of his many yeares service for the Company in Virginia wth hazard of his life amonge the Indians is likewise confirmed. After these buisinesses were thus ordered and the day farr spent, it My Lo: of South- was moved that seeing my Lo: of Southampton was not yet come, Treasuror. they might notwithstanding proceed to the elecčon of their newe Treasuro' for the yeare ensueinge: wch močon being agreed vnto and my Lo: of Southampton onely proposed for elecčon 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 Parliam*: wch the Court did not onely signify their readines to dis- pence wth, but rendered also to his Lo³: the greatest thanke that pos- siblie they could for his honoble: care and paines and endeavo™ to vphold and advance the Plantačon ever since his happy entrance into this place of gouerm*. Account. After this his LPP according to the standing orders of the Company A booke of my Lo: deliu9ed into the Court a booke of his Account for the yeare past examined & approved vnder the Auditors hande, as allso the number 472 RECORDS OF THE VIRGINIA COMPANY comended for Iron workes. 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. m² Io: Berkly St Edwyn Sandys signified vnto the Company that whereas to their great care and Cost of at least 4000": they had heretofore given direc- čon for the setting vp of certain Iron work in Virginia and to that end pcured skillfull workemen for making of Iron they had receaved credible informačon that three of their m' workemen were dead: In supply of whome, because the hope of that Comoditie 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 m' Iohn Berkly who in the iudgement of those that knewe him well was helld to be very sufficient that waye) who did now offer himself to goe vpon the said service and carry over with 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 Comittees to treate and conclude with the said m' Berkly and likewise wth his Sonne being desirous to goe over wth his said father touching their demaunde for performance of the said service. wth m❜ Berkly. veyor, The Comittees were these, ST: Nicho: Tufton. ST: Iohn Dauers. S': Henry Rainsford. S': ffra: Wyate. Capt W: Newce. mr Iohn Smith. m' Wrote. m' Iohn fferrar. m' Nicho: fferrar. m² Berblocke. * * m' Norwood Sur- M': Norwood being recomended by Captain Tucker for his sufficiency in surveying of land and one desirous to goe over to Virginia, vpon that was now chosen for that place and referred to the former Com- ittee to treate wth him concerning some allowances to be given vnto him. MAY 2, 1621 473 Commission to be The said Comittee are likewise desired to drawe vp a Comission for Captain Newse his Captain Willm Newce for the office of Marshall of Virginia to be ready drawn. 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. sellors. My Lo: of Southampton signified vnto the Company that although the Eight new Coun- 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 occasion; he therfore thought it very expedient and necessary to make such ||some|| addičon 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 therewhall presented the names of eight Gent: wch his Lo³. comended to their good approbačon vizt St Phil: Carey. S': Edw: Lawly. ST: Walter Earle. m' Nicho: fferrar. m' Edw: Harbert. m' Iohn Smith. m' Iohn Delbridge. m' Nicho: Hyde. Who were all approved of and by a generall erecčon of hande admitted to be of his Mats: Counsell for Virginia. [223] Oath. My Lo: of Southampton having taken his Oath desired he might have My Lo: tooke his allowance of time and their dispensacon for absence, Concerning the wch the Court fully declared that it was not their intent that his Lo³: should be further bound to the pformance of buissines of this Court then his owne more waightier occasions would pmitt. be dispenced with. The like močon S': Edwyn Sandys made for himsellf in taking his Oath Sr: Edw: Sandys to in regard of his daylie attendance and imployment in Parliament buissines wch was also graunted. ued Deputy. My Lord further signified that it was his suite vnto the Company that mr ferrar contin- m³ Iohn fferrar of whose fidelity and sufficiency they had already so 474 RECORDS OF THE VIRGINIA COMPANY Mathew Somers good experience might still continue his place of Deputy wch with a generall consent was very willingly condiscended vnto and chosen by ballating Box. A Patent to Capt My Lo: moved on the behallfe of Captain Mathew Somers that for so much as he vndertakes to transporte 100: psons into Virginia, to plant vpon a pticular Plantačon that therefore he might have a Patent to enhable him therevnto wch the Court accordingly graunted. con referred. Capt Baylies mo- But touching Captain Baylies močon on the behallf of the said Captain Somers that he might have 200": toward the Charge of planting the said number of 100: psons in regard of the psonall worth and merrite of S: George Somers deceased whose heire he pretende himsellf to be, it was thought fitt to referr him to the former Comittees to be treated with. m² Wales peticon. M' Wale in his peticon 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 St 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 propp for them to meddle wth it. to ye Auditors. m² Moone referred Mr Moones peticon touching his Brother Nicho: Moones adventure of money paid into y° Treasury is referred to y° Auditors for his further satisfacčon. [224] ferred to ye Audi- tors. Capt Io: Smith re- Captain Iohn Smith in his peticon sheweth that for somuch as he hath not onely adventured money for the good of the Plantacon and twise built Iames Towne and fower other perticuler Plantacons 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 consideračon 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 Comittees appointed for rewarding of men vpon merrite. MAY 12, 1621 475 ATT AN EXTRAORDINARY COURT HELD FOR VIRGINIA THE 12 OF MAY 1621 ST: Iohn Dauers. S' Henry Rainsford. m' Deputy fferrar. m' Iohn Wroth. m² Wrote. PRESENT m' Gibbs. Capt W™: Newce. m' George Sandys. m³ Iohn Smyth. Capt. Tucker. mr Casewell. m' Edwards. m' Wheatly. m' Melling. m' Cuff. mr Combe. sent Captain W": Newce his Comis- a gion to be Sealed. Whereas at the last Quarter Court held the second of this Moneth order was given to Certain Comittees for drawing vp of 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 ereccon of hande confirmed and ordered to be sealed (authority being given by the last Quarter Court vnto this present Court vpon their approbacon to seale the same). M' Berkly having been formerly treated wth (by the Comittees m' Berklyes offer. appointed by Order of the last Quarter Coort) touching his demaunds for pformnce of the service he vndertakes for advancing the Iron work 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 condiĉons, as m' Blewett lately deceased had donn, (exceptinge some fewe perticulars,) & to pcure and carry over wth him twenty psons 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 Hamer 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 consideračon whereof it was thought ||fitt|| to allowe m' Berkly 20": to defray the Charge of procuring and 476 RECORDS OF THE VIRGINIA COMPANY bringing the said workemen out of the Country to the Ile of Wight as also 30: more toward the charge of his owne provisions and neces- saries for that voyadg. And besides to give him the free transporte of his sonne and his .3. servante with wch he was contented, and wth much thankfullnes accepted of the offer. A COURT HELD FOR VIRGINIA THE 23º: MAY 1621: AT MR FERRARS HOUSE: PRESENT Iohn Berkly. : St Edwyn Sandys. m' Gibbs. Sr Iohn Dauers. m² Deputy. m² Wrote. m' Iohn Smith. Captain Tucker. m² Ayres. m* Geo: Smith. m' Mellinge. m' Cuffe. m' Combe wth divers others. Allowance to m² Mr Deputy signified that m' Iohn Berkly and Mawrice his sonne being formerly treated with 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 Condicons that m Blewett formerly had donn (except in some fewe pticulars) and vnder- tooke to pcure 20: psons well experienced in making Iron to be imployed in the Comp: service in Virginia for seaven yeares togeather wth themselves: In consideračon hereof the said Court was pleased to give him 30 toward the Charge of furnishing himsellf and his said sonne wth apparell and other necessaries with free transporte of 3. of his owne servante. And 20": 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: psons 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- Articles of Agree- firme the same. And further gave Order to m² Deputy for the more speedy dispatch of the said m' Berkly and that he might haue a suf- ment to be drawne. JUNE 11, 1621 477 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 addičons as he should thinke fitt and after to applie the Companies Seale vnto the same. Mr Iohn Smith acquainted the Company that there was a Gentlemn m² Smiths moĉon. of good Account and sufficiency whome he could name who would vndertake to pcure 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] A PRÆPARATIUE COURT HELD FOR VIRGINIA IN THE AFTERNOONE THE XjTH OF IUNE 1621. St Edwyn Sandys. S' Roger Iames. St: ffra: Wyate. Sr William Newce. m' Iohn Wroth. m' Gibbs. m' Deputy fferrar. PRESENT. m' George Sandys. m² Wrote. m' Doctor Anthony. m' Iohn Smith. m' Nich: fferrar. m' Rugles. m' Wheately. m' Widdowes. m' Barbor. m' Melling. m' Bolton. m' Steward. m' Newport. wth divers others. m' Darnelly. m' Caswell. m² Ayres. m' Swinho. m' Kelly. m' Moone. m² Meverell. 478 RECORDS OF THE VIRGINIA COMPANY ton desired to be excused. ered of. My Lo: of South St 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 the establishing of into their consideračon the establishing of the Counsell of State there ye Counsell of State in Virginia consid- as likewise concerning the Gouerno': 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 Gouerno: namely S Sffra: Wyate ffrauncis Wyate who was shortly to sett out to Virginia and to take his place at the expiracon of S Geo: Yeardlyes Comission and not before: It was allso well knowne vnto them the choyse that had been M' Geo: Sandys & made of two Newe officers namely of m': George Sandys to be Treas- St Wm Newce for uro' of Virginia: and S William Newce to be their Marshall. But touching the Secretary of State there that now is namely (m' 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 m' 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 [228] Gou9no'. ye places of Trer & Marshall Mr Porey. in Virginia 4 named for ye Whervppon m' Deputy gaue notice of 4 worthie gentlemen that had place of Secretary 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 m¹ Para- m' Waterhouse more, m' Dauison, m' Smith, and m' Waterhouse who hath been comended by Sr recommended by S Iohn Dauers for three things especially namely Iohn Dauers. 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. JUNE 11, 1621 479 his honestie Religion and sufficiencie for wch hee would vndertake vppon that knowledge hee had of him this gentlemen m' Waterhouse should make good to their full sattisfacčon: 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 elecčon, 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 favo" the Courte did gener- ally testifie their much obliged respect and thankfullnes vnto his Lo³: to assemble 4 times St Edwin Sandys further signified that itt was then allso taken into The Counsell of their consideracon and thought fitt that the Counsell of State in Vir- State in Virginia ginia should assemble fower times a yeare each Quarter once for one in a yeare. 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 Counsellor to the former, namely. m' Dauid Middleton. m' Bluett. m' Thorpe. m' Tho: Newce. m' Pountes. m' Tracye. m² Horwood. And now of late m' William Newce, m' George Sandys and m' Ouls- worth. [229] ch St Edwin Sandys declared further that they had taken into considera- čon matter of future supporte of the Plantačon to supplie if they could now other helps doe faile out of that contribučon weh is plsumed will be given by each Cittie Towne and Burrough towards the send- A bill to be drawne inge of their poore with whome they are pestred into Virginia, Which howse forsendinge offer beinge made vnto the lower house of Parlyament vppon an occa- y poor to Vir- sion of the like complainte of the poore we are burthensome to many ginia. ch parishes itt was accepted of that howse with a verie great and grate- full applause; Itt was therfore thought fitt that some choyce gentle- 16455-VOL 1-06-31 to ye Parliament 480 RECORDS OF THE VIRGINIA COMPANY 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. m² Casewelle mo- Mr Casewell likewise moved that some course might be thought on to čon to stirr vp ye stirr vpp the Companies here in London that had adventured monny Companys heer in London. towards the Plantačon in Virginia to doe the like there by building of some Towne as they had alredie done in Ireland to their good proffitt wch močon was well approved of and thought fitt to be prose- cuted to effect. bacco. St Edw: Sandys Touchinge Tobacco wch hath been allwaies so generally affected by declaracon for the the Planters in Virginia St Edwin Sandys signifyed how extreamly Kinge displeasure in plantinge To- displeasinge itt was to the Kinge and scandalous vnto the Plantačon and vnto the whole Company, that notwithstanding itt hath been prosecuted these many years by many wise and worthie psons and wasted in that time a Masse of monney yett hath itt not produced te any other effect, then that smokie weed of Tobacco, and therefore the Counsell as heretofore itt may appeare by all their former instruccons and letters, so now againe had taken itt into their consideračon how they might restraine the generall plantinge theirof or at leaste bringe itt downe to a farr lesse proporĉon and quantitie then now is made.' Comodities are neglected. the long mayn- Hee further declared that the cheifest cause that all other Comodities teyninge of ye high were neglected was found to be the long maynteyninge of the high price of Tobacco to be y cheifest price of Tobacco att 3ª the pound, wch had alredy destroyed a Maga- cause y'all other zine of att leaste 1000 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 pt of itt was scarse sould [for * 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 2000". d 'The action of the Privy Council for suppressing the importation of tobacco is cited in List of Records, No. 263, page 149, ante. JUNE 11, 1621 481 Tobacco shall be A Second thinge taken into consideračon by the Counsell, was what what proporcon of proporčon hereafter should in all be allowed to be made, and how the made and how the same might be rated by the pole amongst y Planters to each famylie same may be rated his pt and proporcon towards the makinge vpp of the generall lumpe by the pole. 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 3 p pound itt was thought fitt to be valued accordinge to the goodnes thereof and att no certaine price. 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 psons whom they call their Sendicks to visite all their Dominions and remoter Countries, Sendikes. 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 hono¹, 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 Accons and doings of former Office"s & therof to returne a good Accompt vnto the Company here that they may proceed further therin accordinge to the rules of Iustice and equytie. signified of an ex- St Edwin Sandys acquainted the Company wth an exquisite discourse St Edw: Sandys that a gentleman had made (though not perfected) for the advance- quisite discourse a ment of the Plantacon who desyred his name might not be made gent: had made knowne which discourse hee had devided into those five head. [231] which was deuided The first wch was most necessarie was matter of ffood and Sustenance i Foode & Suste- for the Colony wherof hee had discouered the defecte and proposed the way how itt might be supplyed. into 5 heads. nance Health. The Second was matte' of health for servinge of woh hee had given 2 Matter excellent direcčons observinge the want herof not to be through the ill condicon of the Clymate soe much as through the disordered doings of the people and their misgouerment. of 482 RECORDS OF THE VIRGINIA COMPANY 3 ffortificañon. 4 Wealth. 5 Religion. C'. ceed to ye pfect- inge of itt. The Third was Forteficačon 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. 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. The ffifte and last head treated of Religion civilitie of life and how to keepe the people in amytie and good agreemente amongst themselvs. The gent to pro- The Courte herevppon made a generall request that ye gentleman might please to pceed to the pfectinge of the saide worthie worke and that a Comittee might be appoynted att the next Courte to pvse 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 advancem of the Plantačon. Downes. t ye Duty returned M' Deputy signified that wheras the Duty was now returned from and attended in y° Virginia and attended in the Downes for her direcõon whether to goe, ordergiuen to send the Counsell and Comittees haveinge mett aboute itt have given order her to Flushinge. to Damiron m' of the Ship to send her to Flushinge and had allso m² Arthur Swaine agreed wth m' Arthur Swayne a Marchaunt of London comended for to be their ffactor. his fidelitie & sufficyency to be their ffacto' 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 Instrucčons wch the Counsell thought necessary for his direcčon in yt buisines wherof hee doubted not butt that they should have a good Accompt of his doings. [232] Ireland. a Ship aryved in 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. to St Wm: Newce. A Patent graunted Itt was moved yt for soe much as his Maty: had bestowed the honour of Knighthood vppon S William Nuce whome his Maty was pleased to call his Knight Marshall of Virginia and hopeth to have a better JUNE 11, 1621 483 Accompt of his doings then he hath had of others hetherto that hee might have a new Patent wth that addicon of hono' wch his Maty: had given him wch was graunted. pro- M' Deputy signified that itt was thought fitt a Pinace should be 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 pmised to be here by that time. A Piñace for carry- ing ye Silkworme Hee further signified yt my Ladie Dale late the wife of Sr Thomas a Patent to my Lady Dale Dale deceased yt worthy Knight and greate advancer of ye Virginia Action desyred a Patent for a pticularr Plantačon weh was graunted and that direcĉon should be given to ye Gou⁹nor to allott the place accordinge to her LaPP: request if itt be not allredy planted. The like Patent wth like direcčon to the Gou9no' was ordered to be A Patent for S Dudley Diggs. made redy for S Dudley Diggs and his Associates. The like Patent vppon request was graunted to S Iohn Bourcher and A Patent to S'Iohn his Associates. Bourchere. referrd to m' Dep- uty M' Smith acquainted the Courte that ther was one exceeding skillfull m' Smithe močon in makinge of Salte that accompanies m' 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 consideračon 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 močon the Court hath referred him to m' Deputy to treate with him and conclude if hee cann. [233] be further treated Wheras m' Cleyborne was appoynted to have his dyett wth the Gou- m Cleyborne to ernor the Courte held itt vnfitt to the the [sic] Gouernor to such an wth by ye Comittee inconvenyenc And therfore have referred him to be further treated 484 RECORDS OF THE VIRGINIA COMPANY solycited. with by y 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- m' Gibbes. mr Berblock. m' Casewell. m' Nicho: Ferrar. mr Wroth. mr Smith. m' Mellinge. or any five of them who are desyred to meet to morrow att 2 a clock in the afternoone att m' fferrars house. t The Bishops to be Wheras itt did appear that ther was a remayne of monneys due §by the Colleccons in the hands of divers Bishops itt was moved y¹ some course might be thought on for solicitinge their Lordships whervppon m' Wrote signifyed yt to his knowledge Do': Ieggon then Bishop of Nor- wich had received a very great Collecčon out of his Lop: Diocesses butt made no returne therof vnto y° Compª: and therfore desyred a Coppie of the breife wch would shew howe the Collecõons were passed from hand to hand. My Lo: of Canter: The Courte thought fitt that my Lord of Canterbury be moved to solicite these Bishops that are in arrear vppon Accompt by his graces Lre for payinge in their Collecčons. men Cr to be called The Kn" & gentle- Itt was likewise moved that the knights and gentlemen as also the vppon for their Merchant and Cittizens might be called vppon for payment of their monneys due by subscripĉons woh was referred to this next Quarter Courte to be considered of. subscripcons Cap Norton. Intelligence was given yt one Capt: Norton made an offer & would vndertake to pcure 6 straungers skillfull in makinge of Glasse and Beads to goe ouer to Virginia to be imployed in the saide work for the Com- pany for no other consideračon then onely the halfe profitts of their labor, 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 consideračon of ye Company for what hee shall have to dyrect JUNE 11, 1621 485 and ouersee the said psons in their saide work, concerninge wch the Court hath referred him to the former Comittee to be treated and concluded with. [234] to plant Lyquo- Intelligence beinge given likewise of one vndertakinge to plante Lyq- One Undertakinge uorish if hee might have consideračon according to his proposičons rish. was referred to the said Comittees. turers. A Roll for Adventurers to vnderwrite for a Ioynte Stocke was ||for|| A Roll for Aduen- pvidinge of Apparrell and other necessaries weh St 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. ley to haue his St Edwin Sandys signified that S' Richard Bulkley haveinge purchased S Richard Bulk- two shares of Land of the Comp: and vndertaken to plant 100 Per- Lande alloted att sonns in Virginia for wch they had graunted him a Pattent vnder Seale Eliz: Cittie desyred the Company would please to allott him Elizab: Iland neere Cape Codd to plant vppon The Court agreed yt direcčon should be given to the Gouernor to that effect. for y° 2 Indian Mr Webb moved yt some course might be taken that the two Indian m Webbs mocon Maydes might be disposed of to free the Company of the weeklie Maydes. charge that now they are at for the keeping of them. Whervppon some havinge moved yt they might be sent to yº Somer Ilande att the charge of this Company itt was thought fitt rather to referr itt to the next Court to determyne therof. quest Touchinge m Francks request yt Lieuetenant Pearce might be m' Francks re- requyred to give sattisfacčon vnto m' Franck for ye charge of 4 men and the goods sent vnto his sonns vppon the last supply wch m² Rolfe tooke into his possession to m' Peirces vse, The Courte ordered that for so much as itt appeared ther was some reckoninge betweene m' Franck and m' Peirce nott yett reconcyled nor brought to a head that direcčons should be given to the Gouernor to examyne the matter of 486 RECORDS OF THE VIRGINIA COMPANY Accompt between them and drive itt to some certaine poynte and for the doubte ||debt|| appearinge to be due to m' Franck, m' Rolfe, and m' Peirce should give good securitie for payment therof to m❜ 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 m' Francks sonne. [235] ATT A GREAT AND GENERALL QUARTER COURTE HELDE FOR VIRGINIA THE 13TH OF IUNE 1621 PRESENT Ea: Nottingham Huntington||. Ea: Southampton. Ea: Warwicke. Sr Nicholas Tufton. Sr Dudley Diggs. St Edw: Sandys. ST Phi: Cary. Lo: Cauendish. Lo: Pagett. Sr Nathaniell Rich. Sr Frauncis Wyatt. St Wm Newce. St Edw: Lawley. m' Hide, m' Robert Smith, m' Wroth, m' Gibbs, m' Earle, D': Gul- ston, m' Wrote, m' Sandys, m' Franck, m' Oxenbridge, m' Deputy, m' Iohn Smith, m' Nicho: Ferrar, m' Foxten, m' Scott, m' Blande, m' Biddolph, m❜ Swinhow, m' Casewell, m' Neuell, m' Langton, m' George Smith, m' Roberte, m' Martin, m' Cole, m' Kinstone, m' Widdowes, m' Combes, m' Morewood, m' Barron, m' Dawes, m' Pennistone, m* Bynge m' Berblock m' Wiffe, m' Mellinge, m' More, m' Harte, m³ Tay- lo', m³ Symond, m* Woodall, m' Ayres, m' Bagwell, m' Keightley, m' Swaine, m' Askur, m' Barbor, m' Dowe, m' Riseley, m' Wale, m' Edwards, m' Alleynes, m' Somers, m' Lawne, m' Challoner, Captaine Hamor, m' Ewine, Capt Maddyson, m' Tomlyne, m' Lawne, m² Iad- JUNE 13, 1621 487 win, m' Darnelly, Capt Bargraue, m' Lewis, Captaine Goldingham, m² Newporte, m' Thomas Gibbs, m' Kelley, m' Russell, m' Brome- feilde, m' Porter, Captaine Tucker. thankfull ассер- bestowed Vppon readinge of the Actes of the former Quarter Courte held the St Edwin Sandye second of May last St Edwin Sandys takinge knowledge of 20 Shares tačon of ye 20: of Land bestowed vppon him by the Company did now declare his Shares thankfull acceptačon of the same pfessinge that although hee had vppon him 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 acknowledgm of their bounty accept this testimony of their love and favour towards him. [236] t ch sented not an Ac- mente. Mr Deputy signified the reasons why hee presented not ye Accompt m' Deputies rea- of the last years Disbursmente vnto this Courte, was in regarde ther sons why hee pre- was not yett monneys sufficient com in to discharge all the Debte compt of ye laste for goods bought by him and the Comittee for such provisions as years Disburs- were sent with the people then shipped for woh 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 m' Deputy hopinge monny would be got- ten by the next Quarter Courte to discharge all the said Debte wch being done hee pmised to sent the Accompt vnto the Courte. Accomp respited. St Edwin Sandys likewise moved touchinge his Accompt that wheras St Edwin Sandys 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. 488 RECORDS OF THE VIRGINIA COMPANY to meet 4 times a for one whole gether. The Counsell of Itt was informed that for asmuch as St George Yeardley complayned State in Virginia of the small number of the Counsell of State in Virginia remayning yeare & to holde alive and of their seldome meetinge by reason they dwell so dis- quarterly Session persedly asunder and had no manner of allowance for attendance in yeare week to- that kind itt was the cause hee wanted such necessary assistance as was fitt and requisite: Itt was therfore taken into consideračon how this defect of Councello" 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 Gouerno' 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 pticularr 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- con should be given in the Gouernore Instruccons for establishinge of the same. [237] Counsell in Vir- ginia An Addicon to ye Itt was likewise signified that care had been taken to make some addičon vnto the Counsell of State in Virginia of men of worth and quallytie namely S William Newce knight Marshall of Virginia and m' George Sandys Treasuror of the same, And haveinge allsoe for- merly chosen S' Frauncis Wyatt to be the successive Gouerno' imeadi- St Francis Wyatt atly vppon thexpiračon¹ of S Georg Yeardleys Comission ther remayned now butt one Officer more of the Counsell to be continued or chaunged namely m' Secretary Porey whose Comission beinge butt for three years ended in Nouember next. Gouernor. Next m' Deputy therfore moved to knowe their pleasure wheither they would have m' 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 m' Smith m' Paramore, m' Dauison and m' Waterhowse beinge all of them recommended by worthy psonns for their honestie suffi- ¹Contraction for "the expiracon." JUNE 13, 1621 489 ciencie and experience in Secretary affaires, butt because no more butt three could stand for the elecĉon itt was putt to the question wch three they would have nõiated for that purpose, whervppon m' Smith was dismissed and the other three appoynted to stand for the elecčon who beinge all three putt to the Ballatinge Box choise was made of m' m' Dauison chosen Dauison by haveinge the maior pt 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 pforme his best to answer their expectačon of him. Secretarie free & of the Coun- Itt was allso agreed vppon request made that hee should be admitted m' Dauison made a free Brother of this Company and be of the Counsell of State in sell in Virginia Virginia. sent to Virginia. Itt was further signifyed that the Counsell had taken into their Con- Poore people to be sideračon matter of future supporte of the Plantačon to supply ye Defect 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 a Bill to be drawne that effect against the next Session of Parlyament and entreated S to ye Parliam Dudley Diggs, St Edwin Sandys and S Iohn Dauers to take some howse. paines in the drawinge of the saide Bill. [238] r & to be exhibited A močon 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 močon was well approved and the Courte A Declaračon to be entreated the Comittee hearafter named to make some Declaracon to all Comp²: Citties the seuerall Companies Citties and Townes what porčon of Land and Townes C. belongs vnto them in respect of their monneys adventured as allso what the charge wilbe to plant the same with people, and lastly what made to ye seuer- 490 RECORDS OF THE VIRGINIA COMPANY returnes of good Comodities they may make in a short time beinge duely prosecuted; The names of the said Comittees are these St Edwin Sandys. Sr Iohn Dauers. m' Deputie. m' Iohn Smith. m- Cranmor. m² Berblock. m' Bernard. m² Casewell. or any fower of them are desyred to meet vppon the next ffryday followinge to advise aboute the same. Intelligence beinge given that a gentleman refusinge to be named hadd written a Treatice for the good of the Plantačon 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 y° Defect of everie of them in the Colony and proposed seuerall wayes how to remedie the same; The Court gave The Companies order that yº Companies thanke should be given vnto the said gentle- thanks to be giuen man wth ernest request that hee would pceed to the finishinge therof ye treatie of Sus- and that after itt had been pvsed by a select Comittee itt should be putt in printe to pvse wch booke the Courte entreated these vizd. t to ye gent y' makes tenance Cr. ryinge of Silk- worme seed Cr. St Dudley Diggs. St Edwin Sandys. Sr Iohn Dauers. m' Iohn Smith. or any fower of them. [239] Sr Frauncis Wyatt. m' George Sandys. m' Secretary Dauison. m' Gibbs, m' Wrote. r A Pinnace to be m' Deputy moued yt in respect some doubt was made that the Seed prouided for car- miscarryed wch was sent in Doctor Bohune Shipp a Pinnace might be provided against September next to carry some more Seed, woh 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 JUNE 13, 1621 491 J the saide Ship and all other things therevnto appteyninge vnto the gen⁹all Comittees. ions Peticon. Mr Katherine Binion shewed in her peticon that wheras one Iohn m" Kathern Bin- Martin late of London esqre was bound to the Peticone" ffather m² Thomas Binion lately deceased for payment of 205" att certaine daies, shee therfore moved that §in respect§ the said Capt: Martin had paide no pt 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 sattisfaceon wch request being taken into consideračon 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 direccon should be given (vppon complainte) to the Gouernor of Vir- ginia to cause yº ptie indebted to sattisfie the Same out of the proffitte of his labours wth Caution neuerthelesse that there be allwaies lefte vnto every such Debto' some Competent means of subsistance; Butt if they shalbe found sufficientlie able and yett denyed sattisfacõon out of a pvers willfullnesse that with such ill mindes strict order be taken for Spsents payment as the equitie of the Debt shall require; And because a question was moved whether yº Compa: had power by their Pattent to remand any back from Virginia to give sattisfacčon here if need did require, Itt was thought fitt that m' Hide, and m' Earle did consider of this poynte and examine the authoritie of the Company touchinge the same. [240] ferred to a Comit- The Patent graunted to my Lady Dale for a pticular Plantacon in A Patent graunted Virginia beinge drawne in the vsuall forme and now psented to be to ye Lady Dale re- read was referred to a Comittee to pvse the same wch beinge approved tee. by them order was given to m' Deputy to affixe the Seale thervnto, And ordered further that accordinge to my Ladie Dales request direc- 492 RECORDS OF THE VIRGINIA COMPANY to m' Hamer. con should be given to sett outt her Lande where shee desyred if itt were not allredie planted or disposed of the Comittee appoynted to pvse the Pattent are these namely— mr Gibbs. m' Wroth. m' Wrote. m' Nicho: Ferrar. who are likewise entreated to pvse the Pattents graunted to ST Dud- ley Diggs and his Associates, and one other to S Iohn Bourcher and his Associates and after that m' Deputy is appoynted to Seale them. A Patent graunted Vppon m' Hamers močon for the like Pattent as had beene graunted vnto others order was given for drawinge of itt vp in the vsuall forme and beinge pvsed and allowed of by the former Comittee m' Deputy is authorized to Seale itt. S: I: Company A Patent for the Vppon močon of the Somer Ilande Company that they might have a Pattent of the proporcon 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 m' 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 perfect Accompt Wheras the Plantačon in Virginia founded by his Maties: royall power be plsented to his and prosecuted by the Adventurers and Planters with the charge of of ye Lottaries to Maty: 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 gracious 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 Auditor 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 Plantacon, And for the better effectinge JUNE 13, 1621 493 ! therof, Itt was ordered likewise that the seuerall Treasuro" 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. Capt Norton. The appoynted Comittee haveinge treated with Captaine Norton did The Comittees re- now reporte that findinge him resolved to plant himselfe in Virginia porte concerninge with his famylie att his owne charges beinge aboute the number of Tenn psonns, and to make offer to carry ouer with him 4: Itallyans and two servants of his owne whome hee had pswaded to goe wth their wives and Children on Condičon they may be furnished in good manner att the Companies charge, which six psonns 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 yº same profession be sent they to come vnder their parte and to be imployed by them in the said worke; In consideračon herof and in regard of the benefitt that is like to come to yº generall Company; The Comittee certefyed they were of opinyon ye Comp" might graunt him such a Patent, without makinge presydent for Monopolies; And forasmuch as Cap Norton himselfe vndertakes the ouersight and gou9ment of this worke and pmiseth to instruct and traine vp Apprentizes or any other pson that the Company shall appoynt to be taught therin The said Comittee have thought fitt to allowe him a fifte pt 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 proposičons they have ppounded 400 Acres of old Adventure to be bestowed vppon him for his inheritance, Wch seuerall proposičons the Courte takinge into their consideracons did agree first that the said psons 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 consideračon either outt of the Companies moytie of Glasse or in Corne or other like Comodities as 494 RECORDS OF THE VIRGINIA COMPANY porte concerninge m' Cleyborne the Gouerno' and Counsell of Virginia shall thinke meete, and for Cap Nortons owne allowance the Courte have confirmed vnto him the fifte parte of their moytie, and the proporčon 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- The Comittee appoynted by the Preparative Courte to treate with m² Cleyborne (Comended and proposed for the Surveyo" place) have- inge mett the next day and takinge into their consideračons the allow- ances that a former Comittee had thought fitt to State that Office withall in respect of the service hee was to pforme aswell in generall as pticuler Surveys did agree for his Salary to allow him Thirty pounds p 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 pvided 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 with the Gouernor find- inge therein some difficultie & inconvenience they had in leive therof thought fitt to allowe him the free transporte of a third pson 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 p diem besides his Lodginge and Dyett woh hee that imployes him shall pay him for; The said allowance beinge now putt to the question this Court did ratifie & confirme And fyndinge m' Cleyborne contented to goe vppon the sayd condicons have accepted of him to be surveyo' for three years. vndertakes to plant Lyquoris. ch The Comittees re- The Comittee appoynted to treat with him that vndertooke to plant porte of him y Lyquorish touchinge his demaunds of the Company for his imploym* in that kinde to their vse did now make reporte therof vnto the Courte, weh beinge taken into further consideračon 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 pposičons as the vndertaker had offered. [243] JUNE 13, 1621 495 passage of two Itt was signified vnto the Courte that an Apothecary offered to trans- An Apothecary al- porte himselfe and his wife att his owne charge to Virginia if the lowed to haue ye Company would please to give them their transporte of two Children, Children free 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 pfession 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 weh itt should be lawfull and free for him to doe and to that end should be recom- ended to the Gouernor. desired to ioyne Itt beinge moved in the former Courte and referred to the considera- The Lo: of South: con of this Quarter Courte that the remaynes of monny due by Col-wth ye Lo: grace of lecõons in the hands of divers Bishops might be called vppon and Cant: to solicite yo brought in; The Courte desyred yt itt would please my Lord of South- Bishops Cr. ampton to ioyne with my Lords grace of Canterbury to solicite those Bishops by Lres for bringinge in of the same. The moĉon for sol- licitinge Knts Cr. for their subscrip- cons referd to ye Audito". the Role And beinge likewise moved that the Knight and gentlemen as allsoe the Marchant and Cittizens might be earnestly called vppo for pay ment of their monneys due by their subscripčons, Itt was recom- mended to the care of the Audito" to dyrect some course touchinge the same. Wheras itt was referred to the Consideračon of this Courte for Adven- m' Webb to Carry turers to resolve what some of monny they would willinglie subscribe to pay for raysinge a Ioynt stocke towards the pvidinge 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 y° Adventuros The Courte here- vppon agreed that m' Webb should goe aboute with the Role that was allredie drawne to that effect for Adventurors to vnderwrite. Wheras the Compa: were Adventurers in the olde Magazine the sume Magazine to be of 800¹: and many other pryvate men of the Company interessed in it allso; Itt was ordered that the Audito" for the said Magazine vizd 16455-VOL 1-06-32 m' Keightley. m' Cranmer. m' Bull. audited 496 RECORDS OF THE VIRGINIA COMPANY to be sent to y So- mer Ilande 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 proceeding therin the Courte have added vnto them- m' Ayres. m' Bland. m' Casewell. m' Mellinge and m' Cuffe. y² 2 Indian mayde 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 y 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 preferm in marriage wth such as shall accept of them wth that means-wth especiall dyreccon to the Gou⁹nor & Counsell there for the carefull bestowinge of them. t A Comittee for Itt beinge moved that a Comittee might be appoynted for drawinge drawinge ye Gou9- nors Instructons vpp of the Gouernors Instrucčons and Comission as likewise for the Threr and Secretary to expedite their dispatch in respect of their pfixed time of their settinge forth drewe neere, The Courte nõiated these followinge to pforme the same vizt. ticon for examin- St Edw: Sandys. Sr Io: Dauers. m' Deputie. m' Gibbs. m' Wroth. m' Io: Smith. mr Nich: fferrar. m' Casewell. Ca: Bargraues Pe- Captaine Bargraue haveinge petičoned to this Courte that some of the inge of Wittnesses. 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 St Tho: Smith for wch hee had peticoned to the Lower house of Parlyament; The Courte made him auns were that for soe much as Parlyament men were named in his Petičon they durst not meddle therwith nor would the Parlyament accept of Deposičons 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 JUNE 13, 1621 497 vnequall to give way to his desire, vntill St Thomas Smith himselfe were made acquainted with his Peticon and did assent vnto this Courte of examyninge Witnesses. con. Vppon the humble peticon of Ioice Lodge the Courte have orderd Ioice Lodge Peti- that shee shall have one Share of Land of 50 Acres for the Adven- ture of her psonn and her thirds out of the Land due for her psonall 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 Sof§ one hundred Acres old Adventure in consideračon 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. to appoynt him ye m' Peirce movinge the Courte would please to assigne him the place m' Peirce mocon wher hee desires his land might be sett outt, some of Martine Hundred place wher bee alleadged yt the said Lands were allredie possessed by them [245] desires his Land butt m' Peirce affirmed the contrarie, whervppon the Courte ordered may be layd out that further enquirie should be made, and beinge found who hadd the pryoritie or first possession itt should be assigned accordinglie. Intelligence beinge given of two Mynisters yt offered themselvs to 2 Mynisters. goe for Virginia the Court referd them to be treated & concluded with by yº Comittees And for somuch as S Fraunces Wyat desyred hee might make choyse s Fra: Wyate. of one that was willinge to goe wth him ye Courte assented thervnto. m' Ewens to be Mr Deputie moved that the Courte would give order for sealinge ye The Contract with Contract made wth m' Ewens, m' of the George beinge drawne vpp sealed. 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 pformed accordinglie as allso to seale his Comission. luite 2 shares to Mr Edward Hackluite assigned two Shares of 25 Adventure to m' Edmond Hack- one Iohn More beinge next heire to Richard Hackluite his father Io: Moore. deceased desyred itt might pass the approbačon 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. 498 RECORDS OF THE VIRGINIA COMPANY to have 4 shares of Land Cr. m² Ambrose Wood Vppon credible informačon that Ambrose Wood of Hamsey in the County of Sussex gent is the next heir vnto Capt Thomas Woode deceased (beinge his onely brother) wch Thomas Wood adventured the some of 50 towards the Plantacon in Virginia Ann°: 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 50 paid into yº Treasury as allso one Share of Land more due for the Adventure of his Broth- ers pson to Virginia wher hee dyed longe since. AT A GENERALL COURTE HELDE FOR VIRGINIA THE 25TH IUNIJ 1621 PRESENT. m' Iohn Ferrar. m' Berblock. m* Deputy. m' Iohn Wroth. m' Gibbs. m' Robert Smith. m' Nicholas Ferrar. Captaine Bargraue. m' Palmer. m' Tucker. m❜ Swinhoe. m' Ruggelle. m' Blande. m' Geo: Smith. mr Hackluit. m' Penistone. m² Roberte. m' Mellinge. m' Raph Fogge. m² Bill. m* Meuerell. m' Morewoode. m* Baynam. m' Widdowes. m' Vyner. m² Harte. mr Cuffe. M' 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 sent monneth) had pceeded with JUNE 25, 1621 499 offer to take y allowed him by 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 with them by the former Com- ittee for the furnishinge and transportinge of eleven psonns for the said worke att the Companies charge wch amounted to the Sume of att least 150", the same haveinge been againe taken into consideračon att this last meetinge and fyndinge the Companies Stocke no way able to pforme the same (as thing now stood) Itt pleased m' Sandys outt of m Geo: Sandys a desire to advance soe hopefull a worke and to ease the Company of Italians to him- the present charge to offer to take the said Itallyans to himselfe in selfe in lieue of leive of those men that were to be allowed him by the Company in those yt are to be respect of his office and that the Company should be att no further the Comp": 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 m' George Sandys as Treasuro' vntill the Comp*: shall please to give him a valuable consideračon 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 To sett Vp a Glass the Company in the Condicon of Tennante att halfe for the space of monneths after Seaven years for woh time they are to have a Pattent of pryveledge their ariuall Cr. that they onely and no other except such as the Company shall send vnto them may be pmitted to make round Glasse drinckinge Glasse or Beads and in lieve of their moytie of their Beads they ar to have valuable consyderačon 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 propročon what quantytie of Beads they shall thinke requisite to be made from time to time. And in respect Cap- Furnace within 3 taine Norton is to have the ouersight & gou9ment of the said Italyans Captaine Norton. ther is graunted vnto him on fifte pt 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. Which seuerall pposičons and allowances lymited wth so good Cautions this Courte did well approve of and beinge put to y° question did will- inglie condiscend vnto them. 500 RECORDS OF THE VIRGINIA COMPANY Cap Norton to be Captaine Norton likewise pmised to be redie with his people within redy wth in 14 daies 14 daies to take Shippinge. shares to be con- firmed vnder y Seale. m² Raph Fogge 5 M' 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] AT AN EXTRAORDINARY COURTE HELDE FOR VIRGINIA YE 2TH IULIJ 1621 PRESENT. Sr Iohn Dauers. m* Wroth. St Edwin Lawley. m' Gibbs. m' Deputy. m' Wrote. mr Iohn Smith. mr Iohn Bland. Captaine Bargraue. m' George Sandys. Wheras itt was agreed and ordered by the former Courte yt for somuch as the Company were not able to pforme the bargaine made with the Glasse men without bringinge themselvs into Debt (wch my Lord of Southampton did not desire) and had often given Caution hereof to the Comp: That therfore they should be turned ouer to m² 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 consideračon might be given him for them by the Company, yett haveinge now againe taken the same into consideračon and find- The bargaine with inge itt may proue a matter distastfull to many, that a Bargaine of ye Glasse men en- 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 with the consent tertayned againe by yº Company. 1 JULY 2, 1621 501 and good likinge of m' 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 m' 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 Comparies Tennante, wch Course was well approved of by the Courte. Captaine Bargraue moved yt the Comp*: 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 5 of ye Counsell to morninge next att m' Ferrare house to heare and determyne the same determine ye dif- if they cann or otherwise to make reporte how the cause stands Cap' Bargraue and between them, and in whome yº default is that an agreement cannot Cap' Martin be made. [248] ch ferences betweene m' Thomas Iadwin moved that wheras Thomas Woodliffe stands m' Tho: Iadwine indebted vnto him (§as§ by bond dated the 8: of Iuly may appeare) very reasonable močon thought in the some of 20li for Comodities lent him then att his goinge ouer to Virginia woh 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 yº Gou9no' to take some course that hee may be sattisfied for the saide Debt out of the psonall Estate of the said Woodliffe wch močon the Court conceaving to be verie reasonable ordered that direc- čon should be given to ye Gouernor to see that right be done accordinglie. Mr Deputy signified of a letter hee had receaved from m' Gookin of A Lre: from in" Ireland who desyred yt a Clause in the Contract between him and the Gookin. Company touchinge Cattle woh hee had vndertaken to transport to Virginia after the rate of eleven pounds the Heiffer and Shee Goate 502 RECORDS OF THE VIRGINIA COMPANY m' Gookin. ch att 3: 10 apeec for weh 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 m' Deputy A Lre written to signified yt they had drawne a letter in the name of the Counsell and Company vnto m' 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 psonns any of the Comodities there growinge att such prizes as hee cann agree; And lastly y* accord- inge to m' Gookins request in his said Ire they had promised yt hee should have a Pattent for a pticularr Plantačon as large as yt graunted to St William Newce and should allso have liberty to take 100 Hoggs out of the fforrest vppon condičon 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. ye Gouerno' & A Lre written to And further to this effect they had allso drawne a letter to the Gouer- Counsell of Vir- nor and Counsell of State in Virginia both wch beinge now psented ginia to this effect and read the Court did very well approue of and gave order that the Gou9nor Seale of the Counsell should be affixed to that addressed to m❜ Gookin and that some of y° Counsell should signe the other to the Counsell of Virginia. [249] m' Kettlebie to be Itt was signified yt one m' Kettleby made offer to goe att his owne recomended to yº charge to Virginia vppon a Discouery now att the first with an intent there to settle and plant himselfe; for web cause hee desired to be recomended to the Gou9nor; wch močon the Courte conceauinge to be verie reasonable did willinglie condiscend there vnto. sell to meete Some of y* Coun- Lastly itt was moved and thought fitt that some of the Counsell aboute y Gouern- appointed would please to meet vppon this next Thursday in the after- noone att m' Ferrars howse about the Gouernors Instruccons. or Instruc: JULY 10, 1621 503 } AT A COURTE HELDE FOR VIRGINIA THE 10TH IULIJ 1621 Sr Iohn Dauers. St Antho: Palmer. St Phillip Cary. m' W": Spencer. PRESENT. m' Alder: Iohnson. Sr William Newce. m' Deputy Ferrar. mr Wroth. m' Georg Sandys. m' Smith. mr Nicho: Ferrar. m³ Gibbs. mr Wrote. Dr Winstone. Dr Anthony. m' Risley. m❜ Holloway. m' Casewell. r m² Cartwright. mr Barnarde. m² Abdy. m' Wiseman. m' Tucker. m² Palmer. m' Whitley. m' Darnelly. Capt Hamor. m' Ayres. m' Edwards. m² Ruggell. m* Essington. m❜ Chamberlyn. m² Lawrence. m' Couell. m² Leuor. m' Newporte. m' George Smith. m' Fellgate. mr Morrice. m' Meuerell. m' Hackett. m' Bull. m' Bagwell. m' Ewre. mr Roberte. mr Woodall. m' Wells. mr Harte. r m' Colethurst. m' Cuffe. m² Webb. m' Dawes. returnd Mr Deputie signified, that the occasion of warninge the Courte this The Bona Noua 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 Eres reade. 504 RECORDS OF THE VIRGINIA COMPANY the hearinge of them, wch beinge read the pticular relačons gave the Companie verie great content to heare that som Staple Comodities, as Vines, and silke, began to be planted accordinge to the Companies former directions and that they prospered with soe good successe, as allso to heare of a confirmacon of a Peace, and of a League wth the Indian Kinge wherby not onely a great trade and comerce 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 ||wc|| will vndoubtedlie conduce to the great hono' and enlargment of the generall Plantačon in a short time; Ther was also 3 Seuerall Voy- read vnto the Company a Relacon of three seuerall Voyadges made this last Sumer one to the Southward to Roanocke made by m' Mar- maduk Rayner.' adges made one by m' Marmaduk Reyno' Sauage. a 24 by Ensigne A Second by Ensigne Sauadge in the great Bay wherin is a relaĉon of a 3ª by m² Dirmer. a great Trade of Furrs by Frenchmen: A Third m' Dirmers Discou- eries from Cape Charles to Cape Codd vp Delawarr Riuer, and Hud- sons Riuer beinge butt 20: or 30 Leagues from our Plantačon and within our lymite in weh Rivers were found divers Ships of Amster- dam and Horne who yearly had there a great and rich Trade for Furrs, we 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 m' Chamberlyn likewise informed the Compª: of the great Trade that the Frenchmen had in those pts of Virginia to their infinite gaine wch might wth farr less charge and greater ease be vndertaken by the Company. The Ship to de- parte for ye Porte of Middlebrough. This beinge done m' Deputy further signified that the Bona Noua was nowe|| returned from Virginia, staied onely for direcĉon 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 m' Peirce y° Cape Marchante 'These letters were probably those mentioned in List of Records, Nos. 238, 241, 243-245, 247-249, pages 147 and 148, ante. JULY 10, 1621 505 Ires 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 resolučon was that ther should be order giuen to y° m² to dept instantlie for the Porte of Middle- burrow in Zealand and that the goods should be deliu⁹ed to m' Arthur Swaine sentt ouer formerlie as the Companies Factor and that hee should take them vpp accordinge to the Invoyces, and receave the The Goods to be m' ffraight of 3ª p pound due vnto the Company and afterwards deliuer deliuered to Arthur Swaine the generall parcell to the Owners or to whome the Owners here and hee to receaue should consigne them; And in pticular the Adventurers of the Old ye Fraight of 3ª p Magazine concerninge the disposinge of theirs did order. pound. That m' Swayne vppon receipt of the ffraight of 3ª p pound should m² Swaine to de- deliuer the Tobacco belonginge vnto them to m' Iohn De Clark whom liuer ye Tobacco to by the pswasions and recomendacons of m' Alderman Iohnson and m' Chamberlyn they did choose to be their ffacto". m' Io: De Clark sult about ye sale They entreated m' Abdy, m' Chamberlyne, m' Essington and m' Bull A Comittee to Con- to meete and consult concerninge the sale of this Tobacco nowe come of ye Tobacco. home and ther vppon to write their letters of advise and direcčon to m' Iohn De Clark speedylie to try the markett and to returne them answer how the prizes went, m' Alderman pswadinge that the deferr- inge of the sale a little while would cause a good rise in the price. accompt of this Mr Chamberlyn and m' Bull were entreated to keep accompt of this m' Chamblen and present returne and to take order for discharge of the ffraight and all mr Bull to keep other duties and itt was ordered that all such monneys as m¹ Iohn De present returne Clark should receave vppon Sale of the said Tobacco should be made ouer to m² Abrah: Chamberlin and m' Richard Bull who for ye same are to be accomptable to the Magazine Company. [251] Γ make redy ye Ac- compt. Lastlie vppon the importunate desire of the Adventurers of the Mag- m Essington to azine to come to some head in this intricate and tedious Stocke, m' Essington was desyred with all expedicon to make redy the Accompt some time the next weeke and to present itt to the Audito" appoynted by the last Quarter Courte to whome for the speedyer pfectinge of the buisines were added m' Abdy & m' Bull. 506 RECORDS OF THE VIRGINIA COMPANY ister entertayned. m' Bolton y Myn- Vppon the Right Honorable the Ea: of Southamptons recomendacons of m' 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. to be Vice Admi- rall. m' Iohn Pountice A močon was made yt m' 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 appteyninge; 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 execučon of the said place, provisionally for one yeare, and after duringe the Companies pleasure recomendinge itt to yº next Quarter Courte for confirmačon. amine m' Peirce Accompte. Comittees to ex- ffor somuch as m' 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 pvse the same. sealed The Contract with The Contract made wth William Ewens m' of the George accordinge in' Ewens to be to an order of Court held the second of May last beinge now presented and read, and likewise that pte woh hee was to seale vnto the Company The Court did approue therof and gave order to m" Deputy to see The Ere written to them sealled, And did allso allowe of the letter written on m' Ewens ye Gouernor in his behalfe to the Gouernor and Counsell of State in Virginia who were entreated to pcure for m' 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.' behalfe allowed. 1 This contract is cited in List of Records, No. 256, page 149, ante. JULY 10, 1621 507 referred to yeCom- Itt beinge signified yt Capt Norton had psented a bill of a greater Cap Norton pre- charge then hee had form9ly pposed vnto the Comittee amountinge to sentinge his bill is 80¹ wch hee demaunds ptly for cleeringe the apparrell of the Itallyann ittee gentlemen glasemen engaged for debt, and ptly 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 yº said workmen might be able to sattisfie that debt out of the profitte of their labo', This beinge taken into consideračon 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 wthout too great charge vnto the Company. r her a Comission Itt was signified that the Ladie Lawarr desyred the Court would My Lady Lawarrs please to graunt her a Comission dyrected to S Fraunces Wyatt, m' request to grant George Sandys and others to examine and certifie aswell what goods c¹. and monny of her late husbands deceased came to the hande of m Rolfe in the year 1611 and to require y accordinge to his promise shee may be sattisfied. be sattisfied. And allso to cause the Cape Marchant and some others of the olde Plante" to examine how Captaine Argoll dis- posed of and to whose vse hee imployed the goods and provisions transported in the Neptune 1618 appearinge to be of no lesse value then 1500" wherby shee is to demand sattisfaceon for the same; The Courte hervppon ordered that the Gouerno', m' George Sandys, m' Thorpe and some others whom they should thinke good should take the pmises into their consideračon, and enquire what goods and Debte belonged to the late Lord Delawarr deceased and to whose hands they came and were comitted, And whatsoever shall appeare vppon exam- inačon and proofe to be due to cause a restitučon 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 yº debt as to iustice shall apptaine; Provided that her La': 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 1618 and an other formerly made the 14th of Ianuary 1618. 508 RECORDS OF THE VIRGINIA COMPANY vnderwrite to yo Role. Request made to Request was made that such adventurers as were willinge to subscribe yo Aduenturers to towards a Ioynt Stocke for sendinge a Magazine to Virginia to sup- ply yº Colony wth apparrell and other necessaries (wherof they were in great want) would please to vnderwrite to the Roll of pchment what some they are willinge to adventure yt paracon might be made accordinglie in due time some haveinge allredie begann to subscribe to that purpose. their passage free, sent him Capt Madison & The Court beinge informed that the Comittee for the distributinge of his wife to haue Shares vppon merritt haveing mett the iith of Iune last and taken into & 2 shares of Land their consideračons the petičon of Capt: Maddison, and fyndinge that and to haue 2 Boys hee hadd deserved well of the Company by his constant endeavo" 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 woh allowances the Court did very well approve of and assented thervnto. and to haue yº re- confirmed vnto him. 2 Boys to be sent ffor so much as itt appeared yt m' Whittakers had obeyed the Com- to m² Whittakers, panies orders in buildinge a Guesthouse for entertaynment of Sicke ward of Tobacco Psonns and for y° 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, Whervppo 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] ton to be sett free m' Cutbert Essing- Vppon the humble peticon of m' Cutbert Essington yt the Court and to hane his would please to pay for his passage home and free him from the passage free to Condicon of a Tenñant to yº Phisicians place seeinge Doctor Bohune wthout his consent or knowledg had tyed him thervnto, wheras hee onely went vppon his owne Adventure with D' Bohune (as hee made England. JULY 10, 1621 509 to appear vnde" the Docto" 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 sett out 32 shares men transported. Vppon the humble peticon of m" Newporte widdowe, the Court S Fra: Wyatt to ordered that S Frauncis Wyat thelect Gouernor and the rest of the of Land for m Counsell of State in Virginia should be treated to sett out 32 Shares Newporte, and 3 of Land in Virginia heretofore bestowed vppon Capt Christo: New - whole shares for 6 porte her late husband deceased in reward of his service with an addičon of three wholl Shares for the psonns of 6 men transported att her charge in the Ionathan Ann° 1619 in any place not alredy disposed of wch is comended to the care of Captaine Hamer to see itt done accordinge to m" Newporte desire. 3: shares of Lande. The Courte takinge the peticon of Thomas Webb into their considera- Tho: Webb to haue čon have agreed and ordered yt hee shall have 3. Shares of Land old Adventure in consideračon of his Adventure of his monny and psonn into Virginia and to desire the Gouerno' of Virginia att his cominge ouer to sett out his said Land for him in any place not alredie disposed of. firmed to her vn- Vppon the humble peticon of Ioice ffreake a poore distressed widdowe Ioice ffea kes 2 that the 2 Shares of Land formerly bestowed vppon her by order of shares to be con- Courte the 13th of Ivne last in respect of hir psonall adventure and for der y Comp": some certaine goods shee Ptended shee had lefte in Virginia into the seale. Companies store might be confirmed vnto her vnder the Companies Seale and direcĉon given for settinge out of the said Land, Itt is ordered that Shee shall have a graunt or confirmačon of the said Lands vnto her, and her heirs and assignes for ever vnder the seale of the Company. 510 RECORDS OF THE VIRGINIA COMPANY E AN EXTRAORDINARY COURTE Y 12TH OF JULY 1621 m' Deputy Ferrar. m² Brooke. m' Wroth. m' Gibbes. m¹ Wrote. m' George Sandys. D': Gulstone. m' Nicho: Ferrar. m' Paine. D': Winstone. PRESENT. mr Bromefeild. m' Riseley. m' Bargraue. m² Rogers. mr Blande. m' Casewell. m² Bartham. m' Combes. m' Baynam. m' Roberte. m' Whitley. mr Smith. m² Woodall. m' Harte. m' Couell. m❜ Swinhoe. m² Ayres. Wth divers others. quest vnto m' worme seed. m² Leuer. г m' Edwards. m' Barnard. The Courte re- The Court haveinge made request vnto m' Chamberlyne to pcure them Chamblen for Silk- 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 prosp in any place, wheras y Seede of other pts would onely thrive in their native and prop 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 expedičon as may bee. Captaine Norton. m' 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 Condičon of JULY 12, 1621 511 r 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 pformance of the said worke should stand the Company butt in 150" or ther about vppon wch condičon the bargaine was entertayned and the same ratifyed and confirmed by the last Quarter Courte, yett shortly after entringe into a re-examinačon of the State of their Cash they found as things then stood 150" was more then the Stocke of the Comp: 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 m' George Sandys. after this vppon better consideračon, and for some reasons menconed 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 psented them a bill of a new charge amountinge to no less then 80¹¹: ouer and aboue the former Sume of 150 wch hee said was to be disbursed ptlie for redeeminge the said workmens apparrell and Tooles engaged now for Debte, and ptly for such materialls as hee feared could not be had in Virginia, and without which they could not pceed in their said worke; Hee therfore thought good to pro- pose itt to the Consideračon 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 Sume, Whervppo 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 The Bargaine of his former Contract and to yeild the same bargaine to pryvate Norton clearly re- Adventurers yt would be willinge to vndertake the same wch močon least and left free was generally held to be both iust and resonable, and ther vppon the to priuate Aduent- same beinge accordinglie putt to the question itt was agreed wth gen- y said Bargaine 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 condiñons in poynt of benifitt that the Compa: should have done. 16455-VOL 1-06-33 made with Capt: urers to entertaine 512 RECORDS OF THE VIRGINIA COMPANY AT A COURTE HELD Y* 16: OF IULY 1621 m' Deputy. Dr Gulstone. m' Wroth. m' Risley. m' Rogers. I m' Roberte. m' Wydowe. m' Nich: Ferrar. m' Baynam. m' Hackett. m' Gibbs. mr Wrote. m' Rob Smith. m' Sandys. mr Bromfeild. mr Parkhurst. m' Wm Hickes. m' Casewell. mr Barbor. m' Bull. m' Darnelly. m' Fogge. m' Vyner. m' Palavacine. m' Crossland. m' Iadwin. m' Lawne. m' Bland. m' Georg Smith. г m' Morewood. m' Newporte. mr Harte. wth divers others. [255] Wheras att a Courte held the 12th of this sent 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 consideračon and findinge the charge of transport- inge and furnishinge out the saide workmen with their servantę wives and Children (being in all eleven psons) 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 JULY 16, 1621 513 urers. 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 condičons in pointe of pfitt as they should have done; vnto this močon (so iust and reasonable) the Courte did willinglie assent and by their said order did release and The bargaine made with Capt Nor- quite discharge the said Captaine Norton of his §former§ Contract tonentertayned by with the Company; Hervppon the said bargaine beinge a new enter- pryuate Aduent- 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 400¹ the better to accomplish so good a worke they have agreed among themselvs that the Company should com in for a fowerth parte The Comp to of the said charge, and therfore moved that for the better advancemt come in for a 4th: of the said worke and encourragment of the said Adventuro™ therin. That the Court would please to graunt him these pposičons followinge. parte. First yt the said Adventurers might have a Patent of the said Glasse To haue a Patent Furnace for seaven years for the sole makinge of Glasse and Beades. for 7: years. Secondly yt they might have 50 Acres of Land for every psonn they To haue 50 Acres should transporte vppon this buisiness, and yt the Compa: would give them their pt of the Land. of Land for euery person they shall transporte. propriated to them They desire itt may now likewise be pmised and att the next Quarter The Sole makinge Courte confirmed that the Sole makinge and transportinge of Soade of Soade to be ap- beinge a materiall of speciall vse in makinge of Glasse may be appro- for 7 years. priated vnto them for 7: years. ch erected by m Lastly they desire for the better releife and Comforte of their people that ye Guest house that the Guest house weh m' Whittacres hath built may be appoynted Whitacres may be for entertaynmt of their people some two monneths after their first appoynted for the landinge y¹ they may be able to build theire houses, and this may be entertayninent of their people. specially recomended to the care of the Gouernor to see itt done; All wch proposicons the Court takinge into due consideračon conceived 514 RECORDS OF THE VIRGINIA COMPANY to be very reasonable and beinge putt to the question did willingly condiscend vnto them and pmised further that they should be reco- mended to the next Quarter Court for confirmačon. some to be de- The said Adventurers moved likewise yt some might be deputed for puted for ye Com- the Comp²: and advise wth them aboute the well orderinge & manag- inge of the same, To wch end the Court nõiated these that follow vizt: pany to aduise aboute ye well or- deringe of y* same may be admitted m' Deputy. m' Keightley. Dr Winstone. m' Cranmer. m' Barnarde. m' Covell. m' Barkham. m' Wheatley. m' Bolton. m' Cuffe. who are appoynted to meete to morrow in the afternoone. [256] if any will aduen- The said Adventurers did likewise offer that if any other would com ture their 10 they in with their Adventure of x" a peec for neither lesse nor more was resolved to be paid towards this, between this and thursday next they should be admitted. 6: of y Aduent9 to 2 of ye Comp & Itt was likewise moved and thought fitt yt two of the Company and meet & sett downe six of yº said Adventurers should meet att their first leasure and §to§ some Instruccons consider and sett downe some Instruccons for Captaine Norton for for Capt Norton. his better direcčon in the managinge of the said Glasse worke. m' Nicho: Ferrar The said Adventurers made choyce of m' Nicho: Ferrar to be their to be their Thier. Thfer whome they entreated very earnestly yt hee would not refuse to pay in the sub- scripcons. to doe that favoure. The Aduenturers Itt was likewise moved yt the said Adventurers would please to pay in their subscripčons between this & Thursday next for the more speedie dispatch away of Captaine Norton and the said Glassmen. read and offered 4 seuerall Rolls ffower seuerall Rolls were now read and offered to such as would to such as will please to vnderwrite The ffirst beinge for a Magazine of Apparrell, and other necessary pvisions such as the Colony stood in great need of; The Second for sendinge of 100: mayds to be made wives; The Vnderwrite JULY 16, 1621 515 third for the advancement of the Glasse ffurnace as hath been for- merly menconed; The ffowerth was for the settinge out of a Voyadge to trade with the Indians in Virginia for Furrs, It beinge certainely enformed by m' Chamberlyn & others and now of late from the Gouerno' 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 pformance of wch voyadge a means woulde now be found to doe itt att a less charge then att other times. nor These said good vndertaking were generally approved of and moved Direcĉons to be many then present to vnderwrite in the said Rolls, And for the better giuen to ye Gou9- furtherance and advancement of this Accon itt was moved & thought fitt yt direcčon should be given to the Gouernor to afforde his best assistance herein. their Factor. The said Adventurers have made choyse of m' Blany to be their m' Blany to be ffacto' or Agent to trade with the Indians for Furrs, and for this purpose allso m¹ Bland hath vndertaken to pcure one to ioyne with him that is verie skillfull in those kinde of Comodities if the Adven- turers think so good. Itt was moved that seeinge m' Iohn Peirce had taken a Patent of Sr m' Peirce his Pat- Ferdinando Gorge and ther vppon seated his Company wthin the ent to be called in. lymite of the Northerne Plantačon 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 m' Roberte, m' George Smith, and m' Webb to treate with m' Peirce aboute itt and certifie att the next Courte what aunswere they should receave frome him.¹ [257] ffor so much as the Phisicons place to the Company was now become voyde by reason of the vntimely death of Doctor Bohune slaine in 'The settlement in the Northern Plantation was at Plymouth. r 516 RECORDS OF THE VIRGINIA COMPANY the ffight with two Spanish Ships of Warr the 19th of March last; Doctor Gulstone did now take occasion to recomend vnto the Com- m' Potte enter- pany for the said place one m' Potte a M' of Artes and as hee afirmed tayned for ye Phi- well practised in Chirurgerie and Phisique, and expert allso in Dis- sicons place. tayned for Myn- ister 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 m' 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 m² Potte would accept of the place vppon the same condičons as Doctor Bohune did hee should be entertayned and for his better content should be specially recommended to the Gouernor to be well accomodated and should have a Chest of Phisique of 20" charge vnto the Company and all thing thervnto apptayninge together wth 10 in Books of Phisique wch should allwaies belonge vnto the Company, woh Chest of Phisique and Books Doctor Gulstone was desyred to buy, and seeinge hee intended to carry ouer wth 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, wch Condičons m' Pott havinge accepted of was referred to the Comittees to be further treated & concluded with. Sr Fraunces Wy- Itt was signified that Sr Frauncis Wyatte brother beinge a M' of Arte atte brother enter- 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 yº same allowance towards the furnishinge of himselfe with necessaries as others have hadd, and that his wife might have her transporte freed, weh močon was thought verie reasonable and ordered by ereccon of hande that hee should be entertayned and haue the place hee desyred and the same ||like|| allowance of monny graunted vnto m' Bolton lately entertayned. JULY 16, 1621 517 ch Captaine Welden moved yt hee might have leave payinge his fraight Capt Weldent mo- to take out his Tobacco now brought home in the Duty wherby hee on to take out his Tobacco brought might sell the same to his best advantage, butt itt was obiected that home in y Duty hee must first take order to sattisfie the Company for the great§ paying his fraight charge they were att in transportinge and furnishinge himselfe and two servante att his first goinge to Virginia for woh 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 pltended some excuse and withall offered that for somuch charge as the Company were att for him (wch hee guessed to be some 44 or ther about) hee was contented that m' 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 sent to release his Tobacco and ordered yt direcčon should be given to m' Swayne to make sale of so much Tobacco as should amount to the said some of 44" to be made ouer to the Company. li of his conceptions m' Wrote acquainted ye Courte yt haveinge taken into consideracon m' Wrote offered the sent State of the Companies Stocke and knowinge ||it|| to be to ye Comp": such vtterly exhausted and that all means of supply for the present are C. altogether seased hee conceaved itt to be a pt of his dutie to offer vnto this Honorable Courte such of his concepčons as may for the sent supply the Companies necessitie wth great plenty & defray ordinary charges. ch Comp": ffirst therfor hee ppounded that wheras ther are divers comodities in Diu9s Comodities in Virginia of good Virginia of good value in themselvs woh by the ouermuch greedines of Value in them- the Planters have beyonnd all moderačon been sent ouer in that aboun- selues to be appro- dance as the price of them is so abased as they will hardly discharge priated to y the fraight And are now vnpfitable 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 518 RECORDS OF THE VIRGINIA COMPANY of them 1 Saxafras for one, and three other or¹ more of such Comodities as wilbe of good value if they might be brought ouer sparingly and the pro- porčon lymitted. The Vse and end And that neither the Planter nor Adventurer may 2 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 ffortyfycacon, Armes Powder and Municon, 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 C And that this may continue for seaven years onely or till the publique Revennues be advanced, And that the Colony may ratefie A Select Comittee this att their generall assembly, And that a select Comittee may be to consider hereof chosen to consider herof, and power given to them to add alter or diminish what they please, And so corrected bringe itt to yº Courte And if itt shall then be approved to receive a full confirmačon 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 Consultačon comitted the same to yº con- sideračon & advise of. St John Dauers. m' Wroth. m' Deputy. m' Wrote. m' Gibbs. m' Darnelly. m' Casewell. m' Abrah: Chamberlyn. m' Dr Gulstone. Doctor Winston. mr Widowes. m' Ayres. m' Wiseman. who are desyred to meete about itt when m' Deputy shall appoynte.[259] ¹ Written over the word "of" by the copyist. "The letter "y" written over the letters "sh" by the copyist. JULY 16, 1621 519 con of ye synister been abused m* Wrote further signified that wheras the reputacon of this Honote: m Wrote declara- Company hath by many sinister courses and iniurious Calumnies been Courses & iniuries blemished, (wch as a memb' of this Company hee could not but resent) Calumnies with wob yett the greatest obliquie that hath been layd vppon itt hath been the this Comp": hath imoderate 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 Instrucĉons 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 asserčons, for that Comoditie is become their monny and is valued att 3ª the pound certaine, (be itt good or badd) wherby they are nourished in that thirstles and pnicious 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 Destrucĉons of more then halfe the last Magazine adven- ture but the consumpčon 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 3º p pound: And yett notwithstandinge the publique Declaracon of the Company and pryvate informačon by publique §frequent§ Ires and otherwise of the base estimačon 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 Consideračon and certifie their opinions what they should thinke fitt to be done therin. 520 RECORDS OF THE VIRGINIA COMPANY make allowance of The Planters to Itt was likewise moved that wheras ther was sent hertofore 50: Boyes ye residue to ye full in the Duty wch cost the Company 500": for wch y Planters repayd value of 10" a per- them in 66 waight of Tobacco att 3 p pound ratinge itt att 10" a boy son for ye 50 Boys ch Tobacco beinge sould by the Company they could hardly reach to sent in ye Duty Bohune, m' Ouls- Tracye. m' 5¹ 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 valuačon of i0" the psonn as itt stood the Com- pany in ||in||: wch močon was very well approved of and ordered that a present Course should be taken to require the said pporčon of the Planters that the Company might not be loosers in the Disbursment of their monny to their vse & benifitt. [260] Counsello" chosen Wheras Credible informačon hath been given of the Death of Doctor in ye steed of Doct: Bohune m' Ouldsworth, and m' Tracy late chosen to be of the Coun- worth and mr sell of State in Virginia, The Courte now thought fitt and requisite in supply of them to make addičon of other gentlemen vizd, m³ Pott, m' Leech m' Paulett mynister and Captaine Roger Smith to be as pvisionalls Councellors till they may receave confirmačon att the next Qua'ter Court and their names be incerted in the Comissions. ferd to some of the Counsell Cr. The Widdow Gun- The Peticon of Widdow Gunston was now read and ordered that itt stones Petičon re- itt should be referred to some of the Counsell and Comittee to call m' 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 pt of her husbands estate. The mony for pay- m' Deputy signified that wheras the Tryalle fraight was nowe to be inge y Tryalle payd wch came to 240 or therabout one m' Couell had attached the fraight attached by m' Couell said monny vntill hee might be eertified §sattisfied§ for certaine goods. m² Morer content- deliuered to the M' of the said Ship: ffor somuch as m' Morer pt owner of the said Ship beinge now plsent did signifie yt hee was con- tented that Defalcačon should be made vnto him for the said Debt; Itt was agreed and ordered that the mony should be payd. ed that defalcacon should be made vnto him JULY 24, 1621 521 } Sr Iohn Dauers. m' Deputie. AT A COURT HELDE 24 IULIJ 1621 m' Nicho: Ferrar. m' Wyddowes. m' Baynam. m' Couell. m' Edwarde. mr Wroth. m' Gibbs. m' Wrote. m' George Sandys. Doctor Gulstone. m' Shepparde. Capt Bargraue. Capt Martin. mr Barbor. m' Blande. m' Bull. mr Swinhoe. Doctor Winstone. Doctor Anthony. mr Keightley. m' Casewell. m' Darnelly. m² Harte. mr Moorewood. m' Taylor. m' Georg Smith m' Martin. wth others. Mr Wrote signified to the Company that hee had receaved informačon from a frend of his by letter that the Collection monny wch was gath- rogatiue Office to ered in the Countie of Norfolke towards ye buildinge [261] of a Col- ledge and Church in Virginia was payd ouer vnto m' Doctor Ieggon The Secretary to then Bº: of Norwich who dyed soone after wherby itt is conceaved repaire to ye Pre- that all that monny remaynes still in the hands of his executo" vnac- rogat coumpted for whervppon the Court ordered that the Secretary for the executor of Doct: Company should repayre to the Prerogative Office to search who those leggon BP: of Nor- were that were appoynted executors by the sayd BP: wich. was Countries by m Itt was likewise signified that one m' Anthony Wythers out of an a Rich Comodity earnest desyre to further the Plantačon had vndertaken to pcure out poured of the Low of y° Low Countries a very rich Comoditie to be planted in Virginia Withers. as allsoe men skillfull for the orderinge therof wch if itt tooke that effect as was hoped, would exceedinglie advance the Plantačon in matter of pfitt Itt was therfore moved that in gratificačon of his good endeavo™ herein the Court would please to admitt him a free m' Withers made brother of the Company wch request was thought very reasonable and free. beinge putt to the Question was assented vnto by ereccon of hands; 522 RECORDS OF THE VIRGINIA COMPANY 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. Itt was referred to the Comittee formerly appoynted for this pticularr buisines to take itt into their consideračon and certifie their opinions touchinge the same. m' Sachiuerell to Itt was allso moved that for so much as m' Sachiuerell who went ou9 be at liberty to dis- heretofore to Virginia att the Companies charge had now againe pose of himselfe. repayde the Company as well for the charge of his passage wch was 6" 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. for ye Gouernor Threr & Secr: Cr 1 other Comission The 3 Comissions The three Comissions formerly ordered to be graunted to the Gouer- nor, Threr, and Secretary of State in Virginia, as allso the Instrucēons and one other Comission for the place of Vice Admirall graunted to tom Pontice or m' Iohn Pountice beinge now presented to the Courte were read and dered to be sealed approved and order given to m' 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.' or- Captaine Bargraue The Comitteee app appoynted to hear the diffirence between Capt: and Cap' Martine. Bargraue, and Captaine Martin haveinge now made reporte of their pceedings touchinge the same, Itt was signified that my Lord of South- My Lo: of South: ampton beinge desirous to accorde the differences had been pleased to pleasure yt Capt Bargraue chose 2 appoynt that Capt Bargraue should make choyse of 2 for his pt to to debate y cause debate the said cause [262] before him, and himselfe would be Vmpyer and he to be Vm- therin, The Courte conceavinge this to be the fayrest and likelyest pyer course that could be propounded to give a fynall end thervnto they ||hath|| therfore left it wholly to that course his LP: had ppounded. Mr Deputy signified that haveinge psented to the Ea of Southampton the 4 Rolle of pchment whervnto divers had subscribed testifyinge therby their Zeale and constant resolucon to advance the Plantačon (notwithstandinge the many discourragmente they had receaved) as 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. JULY 24, 1621 523 allso acquainted his LoP: with the 5 Rolle proposed since for sendinge Shipwright, 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, ampton sub- soe as they onely wanted Artiste to make vse of the same; Itt pleased My Lo: of South- his Lo³: in furtherance of soe worthie Proiecte to subscribe for pay- scribed, 2001 to ye ment of no less then 200 for his Lop" pt, weh Rolle beinge presented Rolls likewise to St Edwin Sandys itt pleased him allso to subscribe for St Edwin Sandys payment of the like Sum. ye like sum Mr Doctor Gulstone moved in the behalfe of Doctor Potte chosen for 10" allowed to the Phisicions place vppon his recomendacon that the Comp²: would Doct: Pott further please att his request to bestowe vppon him some 10¹ for his necessary provision for the present Voyadge wch the Courte takinge into consideračon was pleased to allowe him his Demaund the better to encourrage him to pforme the service hee hadd vndertaken for the generall good of the Collony. ard Toppinge A request beinge made in the behalfe of m¹ Richard Toppinge Cittizen A request in yº be- and Brownebaker of London that the Court would please to take into halfe of mr Rich- their Custody an acquittance vnder his hand and Seale for a Debt due vnto him in Virginia from m' Iohnn Pollington, and to send him the said Pollyngton a true Coppie therof vnder the hand of m' Deputy Ferrar: This Courte herevppon appoynted the Secretary to keep in saffty yº originall acquittance and to vnderwrite their order to the Coppie of the said acquittance vnder m' Deputies hand for the better sattisfyinge as well of m' Toppinge (least the acquittance vnder his hand might miscarry) as allso of m' Pollyngton that theris no ill meaninge towards him in retayninge the Originall and sendinge butt the Coppie therof vnto him. [263] loue 1: share to Vppon m' Carters močon the Court pmitted him to passe ouer two m' Carter 1: share shares of Land in Virginia the one vnto Rowland Trueloue of London to Rowland Tru- Clothworker The other vnto Tobias Coop of London Clothier the said Tobias Cooper. Shares beinge pcell of the 40 Shares assigned vnto him by the Lady Lawarr with the allowance of the Audito" and the approbačon of a Preparatiue Courte held for Virginia the 30th of Aprill last past 1621 524 RECORDS OF THE VIRGINIA COMPANY 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 pt of Ordinary Courte their buisines that therfore the ordinary Courte might be putt of and suspended 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 pmitted, 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 condicons as others formerly had done. Vppon močon order was given to m' Deputy to seale such Comisions as were to be graunted to Maisters of Ships bound for Virginia. signed to receaue monny E ATT A MEETINGE OF Y MAGAZINE ADUENTURERS r Sr Io: Wolstenholme. r m' Alderman Iohnson. m' Deputy Ferrar. m' Wroth. m' Wrote. m' Gibbs. E YF 27 IULIJ 1621 PRESENT m' Barnard. mr Swinhoe. m' Blande. m' Chamberline. mr Essington. m' Rogers. m² Bull. m' Wiseman. m' Darnelly. m' Casewell. m' Iadwin. wth divers others. m' Fotherby as- Itt is agreed and ordered that Henry Fotherby Servant to St Thomas Smith shalbe assigned by the Adventurers to receive such monneys as are now due by Aldermann Iohnson wch is near aboute.... 200 00:00 And of m' Leete.. of m' Essington of m¹ Wm Caninge. of m' George Smith 281:15:00 100:00:00 . 092:10:00 097:02:04 JULY 27, 1621 525 to be paid mr [264] ffor the payment of a bond of 600" with the interest to one mr 600 with ye interest Iane Iohnson a Dutchwoman and the ouerplus to be reserved in Cash Iohnson. to the said Adventuror's vse. haue y Sassafras Itt is agreed further that m' Alderman accordinge to his owne offer m' Alderman shall have the Sassafras att 30° price p Cent: Provided nevertheless at 30° p Cent. that if yⓇ said Adventurers can wthin a moneths time have a better price for it then m' Alderman is to be released of his said promise and they to make their best markett. moneths end and Itt is allso agreed that at the monneths end the said Sassafras shalbe The sassafras to be weighed out and m' Alderman is to pay for the same with other weighed at a monneys due by him and others in Ianuary next for the sattisfiinge ye monny to be of a bond of 1000: wth interest to the Chamber of London; And paide what shalbe wantinge of the pceed of the said Sassafras and Debte to make vpp the said bonds with interest the Adventurers have prom- ised to make good. Itt is allso moved that Iohn De Clark shall have order to sell y° Mag- Io De Clark to sell azine Tobacco att 5° flemish that is to say 30 stivers and not vnder y Maga: Tobacco butt is to take his best markett for advanceinge the said price as much as he cann. Alderman Iohnsons & m' Es- M² Alderman Iohnson, and m² Essington, made complainte against m Capt: Bargraue for haveinge much abused them in his sute of Chaun- singtons Complai cery against them and signified that hee refused last Tearme to come against Captaine to tryall whervppon they had made a močon against him and hoped Bargraue. 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 pceed they should seeke to have itt dismissed in y° Chauncery and take their course att Common Law against Captaine Bargrave and for allowance of charges they would vppon clearinge of yº matter doe accordinge to iustice and equitie. Memor: that the Magazine standeth indebted to Martine Hundred Magazine indebt- for 8 Cowes sould there att 15¹ P Cowe. [265] ed for 8 Cowes to Martine Hundred. 526 RECORDS OF THE VIRGINIA COMPANY ye Lords yt yo sterdam. A COURTE HELDE Y 15TH: OF OCTOBER 1621 Sr Iohn Dauers. St Phillip Cary. S' Hugh Wirrall. m' Deputy. m' Gibbs. Doctor Anthony. mr Robert Smith. m' Shepparde. m' Nicho: Ferrar. Capt Bargraue. m' Bynge. m' Meuerell. I m' Berkeley. m² Steward. m' Palavicine. m' Bland. m² Berblock. m' Barbor. m' Edwarde. m² Bennett. m' Ayres. m' Wiseman. m' Casewell. m' Barnarde. m' Bolton. I mr Atkins. m❜ Swinhow. mr Widdowes. mr Baynam. m' Sewarde. r m³ Rogers. m' Palmer. mr Lambe. m' Morrice. m' Hickforde. m' Iadwine. r m' Webb. m² Bull. m' Whitley. m' Georg Smith. r m' Caninge. I m' Cuffe. mr Roberte wth others. A Compt: made to M' Deputy signified yt the occasion of callinge this Courte was to Comp": had sett acquainte them that accordinge to a message receaved from the LL': vp a trade at Am- of the Counsell some of the Virginia Company had appeared before their LoPS: the 12th of this present monneth, vnto whome the LL": 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. Amsterdam but yt they neu⁹ send ffor Amsterdam answere was made that they never sent any Comod- anie Comodities to ities thither: Butt for such Tobacco as came from Virginia this year carry such Tobacco they had carryed itt to Middlebrough beinge restrayned by the Kings to Middlebrough Proclamacon and order of that Table from bringing in any into this as Cr Kingdome this Yeare. OCTOBER 17, 1621 527 their Comodities And touchinge their LLp" proposičons of bringinge all Comodities for bringinge all hither they humbly besought their LoPs: they might have some time into this Realme to call a Courte and they would returne their answere vppon the next they besough their Wednesdaie followinge as their LoPPS: Comaunded. Lopps Cr. Realme to be Mr Deputy therfore now desyred this present Court that they would The inconven- please to take this waighty buisines into their consideračon where iences that would happen to bring vppon after much dispute and many reasons given of yº impossibillyty all ther Comodi- of beinge bound to bringe in all their comodities into England wthout ties into this fallinge into very great inconvenyencies they did agree to have these drawne into reasons together with such other as the Counsell yt morninge haveinge heads. 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 pvse and pfect them. [266] m' Deputy. m' Gibbes. A COURTE HELDE THE 17TH OF OCTOBER 1621 m² Ro: Smith. m' Nich: Ferrar. г m' Shepparde. Captaine Bargraue. I mr Stewarde. m² Porter. m' Meuerell. m² Abra: Chamberlin. mr Bland. m' Whitley. I m' Barbor. m² Ayres. m² Palmer. I m² Bull. m² Morgann. m² Lambe. m' Hickforde. m' Georg Smith. m' Webb. m' Hackett. m' Cuffe. m❜ Widdowes. mr Lawrence. mr Bolton. m' Berkley. wth divers others. ye answere wch was Mr Deputy psented vnto the Courte accordinge vnto former direcõons m' Deputy pre- the aunswere wch was to be given to the ll: of the Counsell this after- sented to ye Court noone if the Courte did approve therof beinge framed vppon those to be giuen to ye reasons that y° form9 Courte had sett downe wch were these that Lorde. followe. 16455-VOL 1-06-34 528 RECORDS OF THE VIRGINIA COMPANY The Comp: an- swere The most Humble answere of such of y° Virginia Company as could at present be assembled to y° Right Honorable y Lords of yº Counsell touchinge their LoP: proposition for y° importinge of all goods from Virginia into England. May it please yo" Hono". t They will take itt as a most singular favor y* 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 pdoned and most earnestly beseech yo* LoPs: they may not be compelled for these subsequent reasons and divers other waightie consideracons. 1. Itt is libertie and freedome that his Mats: Subiecte through out his Dominions doe generally practise and enioye to be free to carry their Comodities to the best Markette. 2. Itt is agreater restraint then the Muscouie or any other auncient Corpora- con hath vnto whose greatest pryveledges and imunities by his Mat gracious Letters Patent they are enhabled and equalled. [267] 3. The same Company have graunted divers Sub patente wth y° same plviledges as they themselvs enioy wherby some of the Pattentees have been induced to goe in psonn beinge men of noble and worthy families to expend great Soms of monny in the Plantacon and some other their wholl estates and itt is nott in the Companies power now to revoake or restraine them without a generall dis- hartninge of all present and future Adventuro". 4. Many Comodities doe now beginn and are like to arise in Virginia that will not be vendible in England as namely Fish Cauearie, Pipestaues, quantities of Sassafras, and Sarsaparilla and the meaner sorte of Tobacco, weh in other for- raigne pts will yeild some thinge butt beinge brought hither will not yeild nor discharge the Custome. 5. They doe not conceive that they have power to dispose of the goods of Pry- vate Planters in Virginia who are free and have merited by their long and hard service all manner of freedome and encourragment. 6. Nor to forbid them to trade and barter their Comodities freely wth such Ships as carry Passengers most of wch afterwards pceed on other Voyadges and returne not directly for England. OCTOBER 17, 1621 529 7. They have begunn a Trade from Ireland to Virginia wherby the Colony is supplyed wth Cattle and other necessaries from thence and have passed their Contracte, to repay them in Tobacco, wch if they shalbe compelled to bring hither, the Trade is like to pish in the verie begininge to the exceedinge pre- iudice of the Colony, whose wante wee know not how to supply, but by these and the like means our Stocke beinge exhausted by these two last years great and large Supplies. 8. Lastly itt is not in our power to conclude this great buisiness wherin aboue a thousand Adventuro" here in England and almost fower thousand Inhabitante in Virginia have theire interest. ffor the rest they humbly beseech Yo' LoP: 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 endeavo™ such a mutuall trade between Englande and Virginia as shall stand with the honor and benefitt of both: And soe humbly desire yo' 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 woh ends they have out of their owne pryvate states (besides their labor and time) expended aboue one hundred Thousand pound withoutt returne either of profitt or of any pt 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 yo* Los fau Honorable furtherance in short time to bringe this great worke to a good pfecĉon. proued of. This Answere beinge reade and throughly debated the Court did The Answere ap- well approve of and ther vppon desyred some of the Company would be pleased to accompany m' Deputy to psent itt to their Hps: as the Acte of the Company. 530 RECORDS OF THE VIRGINIA COMPANY E AT A COURTE HELDE Y 22TH OCTOBER 1621. St Phillip Cary. m' Deputy. m² Gibbes. m' Nich: Ferrar. m' Shepparde. Captaine Bargraue. m' Stewarde. m' Berblock. m² Tomlyne. m' Whitley. m' Ayres. mr Swinhoe. m' Wyddowes. m' Baynam. m' Bland. m² Lawarance. m' Bull. m' Palmer. m' Barkham. m' Casewell. m' Mellinge. m* George Smith. m' Penistone. m' Newporte. m' Cuffe. m' Wyndhame. mr Webb. Wth Divers others. m² Deputy signi- M' Deputy signified vnto this Court that hee had plsented the Com- not sattisfied with panies auns were vnto the Lords of his Mats pryvy Counsell woh beinge fied ytye:seemed their Answere. be returnd againe Cr. read they were willinge to depte and after beinge called in againe their 11ps 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 Syeares revennue might be still vphelde. Their aunswere to 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 m' Iacob with whome on ffryday last some of the Company haveinge had con- ference m' Iacob signified vnto them that hee had no proiect wherby to accomodate the buisiness butt onely by way of advise and Counsell pswaded them to bringe in all their Tobacco as moste for their good m' Deputy therfore desyred that this Courte would take itt into their Consideracons what answer they would give to their 11: against Wednesday next. some reasons pro- Whervppon some reasons were ppounded and considered of wch beinge pounded & ap poynted to be 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] drawne. OCTOBER 24, 1621 531 m' Deputy. m' Gibbs. AT A COURTE HELDE Y 24TH: OCTOBER 1621. Docto: Winstone. mr Robert Smith. mr Iohn Smith. mr Nich: Ferrar. Captaine Bargraue. mr Tomlynis. m' Stewarde. m' Rogers. m² Edwards. m' Abra: Chamberlyne. m' Widdowes. mr Berblock. m' Blande. m' Bull. m² Bennett. m' Ayres. mr Wiseman. m' Darnelly. m' Caswell. m' Couell. mr Barbor. r m❜ Baynam. m² Bolton. m' Meuerell. m² Morewoode. m² Lambe. m' Georg Smith. mr Roberte. m' Webb. m' Fogge. Wth Divers Others. H": approued & ordered to be pre- The aunswere of the Virginia Company to the Right honorable the The answere to yo I of his Mat: pryvy Counsell touchinge their H: proposičons for y bringinge in or not bringinge in of all their Tobacco from Virginia sented Cr. into England beinge now psented to be read and taken into due con- sideračon was well approved of and ordered to be plsented to the II: that afternoone in the name of the Company, and divers appoynted to attend m' Deputy aboute the same. The moste humble auns were of the Virginia Company to the Right Hono: the Lords of his Ma": most hono: pryvy Counsell. May it please yo' Lofs: answere to the Cons They have accordinge to yo' lIP: order given m' Iacob a meetinge but The Companies could not from him vnderstand any possible means of accomodačon Lords touchinge butt such as would breed the vtter ruyne and ouerthrowe of yº Planta- their 11 proposi con to wch out of their bounden duety to god and his Ma": they may not agree. ffor their pts 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 532 RECORDS OF THE VIRGINIA COMPANY m' Copeland Cr. make them butt savers wch hee refused to doe, wherby yo¹ 11 may see how great their desires is to give yo' honor sattisfacčon, 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 benefičall vnto the Plantačon; By wch liberty they hope to effect those great matters of hono' and profitt to his May: and this kingdome wch they have pmised from Virginia. [270] Butt if this seeme not convenyentt to yo' 11": 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.' 70" procured by Mr Deputy acquainted the Courte that one m' Copeland a Mynister lately returned from the East Indies out of an earnest desire to give some furtherance vnto the Plantačon in Virginia had been pleased as well by his owne good example as by pswasion 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 poured allredy a matter of some 70 to be imployed that waie and had allso write frome Cape Bona Speranza to diuers ffacto" in the East Indies to moue them to some charitable contribučon 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 m m' Copeland ad- 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 proporcon of Land might be bestowed vppon him in gratificačon of his worthie endeavors to advance this intended worke, and further itt was thought fitt allso to addmitt him of ||to|| ¹ An order in council on this matter was passed on the day of this court. List of Records, No. 272, page 150, ante. mitted to be free. I OCTOBER 24, 1621 533 the number of some 1 other speciall Benefacto" vnto the Plantacon whose memoriall is served: The Comittee appoynted to treat with him are these mr Deputy. m² Gibbs. m' Abra: Chamberlyne. mr Roberte. m' Nicho: Ferrar. m' Bamforde. m' Ayres. lectinge in of sub- Informacon was given that wheras divers noblemen and Gentlemen m' Waterhouse en- were still indebted to the Company vppon their subscripĉons and in tertayned for Col- like manner certaine Bishops for monny remayninge in their hands scripcons vppon Colleccons an offer was nowe made by one m' Waterhouse a verie sufficient vnderstandinge gentleman for solicitinge the said psonns 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 Comittees to treat wth him about the same vizd. Sr Iohn Dauers. m' Deputye. mr Gibbs. r m' Tomlyns. m² Ayres. m' Abraham Chamberlyn. m' Rogers. m' Edwarde. m' Roberte or any 4. [271] a Comittee to treat wth him M' Ayres informed the Court that ther were some men that would some lefte out in y willinglie proceed in their Adventure butt haveinge paid in their printed Book de- 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 examinacon of the Audito" vppon whose report they have pmised that right shalbe done vnto them to their full sattisfacčon. * For a declaration of the disposition of this money, see List of Records, No. 289, page 152, ante. 534 RECORDS OF THE VIRGINIA COMPANY ente to be graunted men Cr. A močon for Pat- M' Deputy signified that itt had pleased God to raise vp means beyonnd to diuers worthy their expectacon to advance the Plantačon 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. Bennett A Patent for m² 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 m' Bennett who now ioynes himselfe in this buisines wth m' Wiseman, and m' Ayres, and divers other their associates. A Patent for m' A Second Patent hee moved for m' Swayne, m' Barre, m' Conder, and their Associates who vndertakes to transporte 100 psons to Virginia. Swaine Trueloue A Patent for m' 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. Comissions C'. Rowland Trueloue. Tobias Cooper. Tho: Waterhouse. Iohn Cocks. Frauncis Waterhouse. Iames Berkett. Iohn Lake. Io: Elkington. Ri: Perry. m W™ White. Law: Leigh. Tho: Ouer. Tobias Iohnson. who have bought each of them a single Share of Land of ffrauncis Carter beinge pcell of 40 Shares formerly assigned vnto him by the Right Hono™ the Lady Lawarr, All woh the Court did well approve of and ordered that Pattente should be drawne vpp ready for the Seale against the next Quarter Courte. m' Deputy moved the Courte to give order for drawinge vpp Comis- sionns for the Bona Noua, the Discouery, y° Elizabeth and the God- helpe, beinge shortly to goe for Virgina and after that some of them are to pceed on a Fishinge Voyadge." [272] ¹ For some of these commissions see List of Records, Nos. 225, 277, 278, pages 145 and 151, ante. OCTOBER 24, 1621 535 notice to m' Webb. Itt was allso moved that such as had either people or goods to send to Those y¹ haue peo- Virginia would forthwith give notice to m' Webb of their names that ple to send to giue Shippinge might be provyded for them now that ther be so many good Ships offered to goe vppon the Companies service. zine Acc°: m² Essington was entreated to pfect the Magazine Accompts to the m Essington to end that such monneys as shalbe due before Christmas might be perfect ye Maga- divided amongst the Adventurers wthout longer delay: which was hoped would prove halfe a Capitall. out of Ireland to Notice was allso given that ther were certaine sufficient men come out sufficient men com of Ireland ||wholl would would vndertake to transporte manny hun- transporte Cattle dreds of Cattle to Virginia this Springe vppon the same Condičons C. that m❜ Gookin had donne; Itt was therfore moved that Southamp- ton Hundred, Martins Hundred Berkleys Hundred, and all other pryvate Plantačons 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 pceed to a further treaty with the said psonns. I ended by m'Cham- Mr Chamberlyne recomended vnto the Company one m' Staples a m' Staples Com- preacher who haveinge a brother in Virginia that had given him berlyne. 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. ch desire yt such as tifie ye death of m Tracye m³ Iohn Smith moved that wheras m' William Tracye afore his goinge m Iohn Smiths ouer to Virginia was arrested for 200 principall debt for woh hee putt came lately from in bayle wch suite hath since proceeded and bine psecuted soe as the Virginia may ius- said cause was ready for iudgment wherof stay was made vntill some wittnesses might be brought in to certifie of the said m¹ Tracyes death In respect wherof and for that hee hath receaved informačon by Ires 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. 536 RECORDS OF THE VIRGINIA COMPANY giuen to ye Gou- ernor to cause Iohn th Direction to be Vppon the humble Petičon of Robert Gaile shewinge yt wheras some 13 years past hee furnished out one Iohn Burroes to Virginia w Burros to make monny, Armo', Apparrell, beddinge, Copp, 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] sattisfaccon to Robert Gaile. In consideračon wherof the Petičoner 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 dyreccon should be given to the Gouernor & Counsell of State in Virginia to call the said Burros before them and to examine him touchinge the pmises; And if the information shall appeare to be true, then to compell him the said Burros to make the peticoner due sattisfaccon accordinge to equitie and good confydence. ATT A COURTE HELDE YE LASTE Sr Phillip Cary. Sr Henry Rainsforde. Sr Iohn Dauers. m' Deputy Ferrar. mr Gibbs. m' Wrote. r m' Gulstone. mr Keightley. m' Nicho: Farrar. m' Berblock. Captaine Bargraue. Capt Rossingham. r m' Edwarde. OCTOBER 1621 PRESENT. m' Blande. Capt Tucker. m' Palmer. m² Bull. m² Barbor. m' Boothbie. m' Caswell. m' Baynam. m' Newland. m' Ayres. mr Widdowes. mr Bennett. mr Webb. Γ m' Sewarde. m' Meuerell. mr Lawrance. mr Barnarde. m' Mellinge. m² Ewer. I m' Newporte. mr Roberte. m' Whitley. With Divers others. m' Gosnolde. OCTOBER 31, 1621 537 con; notice of y* Lorde Mr Deputy declared vnto the Courte that hee and those gentlemen m Deputy gaue appoynted by the last Courte had deliuered vnto the II of the Coun- Comaund tobringe sell the Companies aunswer and resolucon ||to forbeare|l to bringe in in all their Tobac- any Tobacco att all for this year followinge which as their HP for- co into England. merly intimated they conceaved would have given them full sattisfac- Butt their 11ps: tearmed itt an vnduetifull answere and com- maunded them on their pills 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 Plantacon But their LoPS told them that they were not to dispute at that Boorde, and againe gave them an absolute comaund to bring in all their Tobacco [274]¹ Att this Reporte the Court remained much greiued and conceauinge it a matter of greater importance and difficulty then to admitt any present deliberačon 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 consideračons howe the Companie should proceed between two such extreame difficulties as their llp³. comaund and the vtter dis- hartninge of all both Aduenturers and Planters. Notwithstandinge these apprehended disasters m' Deputy exorted the Companie not to be discouraged for that he hoped God had still a hand in the protecčon of Virginia who turned all thinge for the best, when diuers former Proiecte in their first appearance seemed to tend toward the verie distrucõon of the Plantacon; 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 Accon 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 commonwealth 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 Hp professed to wish the prosperity of the Plantacon from whome wee may not de * * * ||despaire of helpe or redresse vpon further informačon. ¹The 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 538 RECORDS OF THE VIRGINIA COMPANY 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 Accon, 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 Plantacons, whereby aboue 1000 psons 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 contribučon of 70 toward 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 y° solicitačon of a learned Minister (namely m Copland) by whose good example and pswasion 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 Comittee appointed haue had conference with m' Copland about it, and do hold it fitt for many important reasons to imploye the said contribu- čon toward the erreccon of a publique free schoole in Virginia, towarde wch an vnknowne person hath likewise giuen 30 as may appeare by the Report of the said Comittee nowe presented to be read. AT A MEETINGE OF THE COMITTEE ON THURSDAY STUISDAYS THE 30: OCTOB: 1621 PRESENT m' Deputy. m' Gibbs. m' Wrote. PRESENT m² Ayres. m' Nich: ffarrar. mr Roberte. The said Comittee meetinge this Afternoone to treat with m' Cop- land touchinge the dispose of the money giuen by some of the East ! OCTOBER 31, 1621 539 Indy Companie that came with him in the Royall Iames to be bestowed vpon some good worke for the benifitt of the Plantačon in Virginia, the said m' 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 m' Copland said they desired might be imployed toward the buildinge either of a Church or Schoole in Virginia (wch the Companie should thinke fitt). And that although this Some of money was but a smale proporcon to pforme so great a worke, yet m' Copland said he doubted not, but to pswade the East Indy Companie (whome he meant to solicite), to make some Addičon 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 Contribučon toward the pformance 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 400. It beinge therefore nowe taken into consideračon whither a Church or a Schoole was most necessarie and might nearest agree to the inten- cons of the Donors: It was conceaued that for somuch as each pticu- ler Plantačon 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 proporčon 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 educacon 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 Plantačons as that whereof both Church and commonwealth take their originall foun- dacon 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 540 RECORDS OF THE VIRGINIA COMPANY in respect it matcheth with the best in holesomnes of Aire, as also for the comodious scituačon thereof, beinge not farr distant from Henrico and other perticuler Plantacons. It was also thought fitt that in hono' 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 rudiment 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. I That for the better mayntenance of the Scholem 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 psons beside an ouerseer of them should be forthwith ||sent|| vpon this charg in the condičon of Apprentices to manure and cultiuate the said land, and that ouer and aboue this allowance of land and Tenant vnto the Schoolem', such as sent their Children to this Schoole should giue some benevolence vnto the scoolem' 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 hand、 toward the speedy buildinge of the said Schoole in respect [277] their Children are like to receaue the greatest benifitt thereby in their educacon: 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 Schoolem' be prouided forthwith to be sent vnto this Scoole. It was also informed by a gentleman of this Comittee that he knewe one that desired not to be named that would bestowe 30 to be added OCTOBER 31, 1621 541 to the former Some of 70" to make it vp 100" towarde the buildinge of the said schoole: This report beinge read was well approued of and thought fitt to be referred for confirmacon to the next Quart Court. Mr Copland beinge formerly entreated to knowe what acquittance m' Landman did desire for payment of the said 70" left in his hands to be deliuered to this Companie did nowe report that m¹ Lanman said he would take his direcčon herein from the East Indy Compa at their next meetinge, Notwithstandinge it was thought fitt, that offer should be made to m' Lanman to secure them §him§ vnder the Coun- sells seale for payment of the said money to m' 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 Colleccon gathered money gathered|| in Norff. and Suff. was paid whereof he said he was promised a pticuler 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 endeauo' 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 collecčons would nowe be pleased to giue an Account vnto the Companie of what they had donn therein. Vpon the humble peticon of m' 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 25 in money paid into the Treasury to St 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 psonall Aduenture to Virginia some 16 yeares since vpon his owne charge. [278] Thirdly whereas the said m¹ 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 recom- 542 RECORDS OF THE VIRGINIA COMPANY ended to the Gouernor to take order that upon due proufe made thereof, he do him iustice, lastly touchinge the merritt of his pson in reguard of his longe and hard seruice for many yeares together in the condicon of a Servant, notwithstandinge he ought to haue bin free: The Court hath referred him to the Comittee appointed for reward- inge men vpon their good deservinge. It beinge likewise moued that for somuch as diuers worthie gent desired to be m' Gosnolde Associate intendinge at their owne charge to trans- port 100 psons to Virginia there to plant and inhabite that therefore the said m' Gosnold might haue a Patent for pticuler Plantacon wch was accordingly graunted and ordered to be drawne vp against the next Quarter Court. Vpon the request yt the said m¹ 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 m² Roger Castle of Ramingham in Norff gent: The Court did well approue of thereof and confirmed vnto each of them a single share as aforesaid. I Mr Caswell moued that forsomuch as himselfe and some others of the Comittee stood bound for the freight of the Bona Noua that the Com- panie would please by order of this Court to giue warrant to m¹ Bull for payment of 300" in discharge of the said Bond, weh the Court did generally agree vnto and ordered that a warrant vnto m³ Bull should be drawne for payment thereof accordingly neuertheles vpon m' Bulle močon it was also ordered and prouided that if in case so much should not be found due vnto the Companie vpon the pfectinge of the Account that then the Ouerplus should be repaide againe vnto m' 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 S Edwin Sandys for somuch as he did nowe humbly acknowledge his said fault and shewed him- OCTOBER 31, 1621 543 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 m¹ Bon- nell the ffrenchman, M' of the King 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 recomend it, to some to translate it into Eng- lish and afterward that it might be pvsed and beinge approued it might be printed, weh the Court assented vnto, and praid m¹ 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. Capt¹ Henry ffortescue Vncle and Administrato' 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 St George Yeard- ley stands indebted 250 that it would therefore please this Honobl Court to write to the Gouernor to informe himselfe of the psonall estate of the said Symond ffortescue and to afford his Kindred and frende all lawfull fauo' and Assistance for recouery of the said ffor- tescues lande goode and Debte: The Court conceaued this močon to be verie reasonable and therefore ordered that direcčon 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 petičoned to the Kinge against Captaine Argall pretendinge that he deteyned certaine goode from her to the value of 500", and beinge referred by his Matie to his High- nes Counsell for Virginia did nowe peticon 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 16455-VOL 1-06-35 1 Written over m'. 544 RECORDS OF THE VIRGINIA COMPANY Afternoone about two of the Clocke at m* ffarrars howse against woh 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 pduced on the behalfe of the said Complaynant. [280] Mrs Allice Bohune Widdowe late wife of Do' Bohuñe petičoned 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 contribučon 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 expectačon: But answeare was made that shee was misinformed for that the Companie and not Do' 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 m' Rider that m' 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 condičon 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 comended much by m² Abraham Cham- berlen and by Certificate from many Diuines resident in this Citty reportinge him to be of honest conversačon 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 pticuler Plantačons would imploy him: Wherevpon m' Darnelly signified that he thought that they of Mar- tins Hundred wanted a Minister to whome he was recomended. [281] NOVEMBER 14, 1621 545 AT A COURT HELD FOR VIRGINIA THE 14TH OF NOUEMBER 1621 PRESENT Lo: Cauendish. Lo: Padgett. Lo: Haughton. Sr Sam: Sandys. Sr Fran: Egiocke. Sr Io: Dauers. Sr Phill: Carey. Sr Wm: Hericke. S' Io: Bingly. S' Hen: Maynwaringe. m' Edw: Spencer m' Deputy m' Gibbs, m' Wrote, m' Steward m² Tomlins m' Binge m' Ro: Smith, m' Kightley, m' Christofer Earle m' Iohn Smith, Capt: Bargraue m' Rogers, m' Nicho: ffarrar ||m² Sheppard || m' Barbo' m' Ayres m' Bennett, m' Wiseman m' Couell m² Leuer m¹ Berblocke m' Barnard m' Caswell m' D' Lawne m' Swinho m' Palmer m' Edwards, m' Widdowes m' Baynham m' Mellinge m' Roberte m¹ Elkin m' Bromefeild m' Risely m¹ Truloue m' Waterhowse m' Cocks, m' Birkett with diuers others. r Mr Deputy acquainted the Companie that at the end of the last Sumer 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 Comp for Virginia, wch letter, for that many of the Virginia Comp ||were then psent|| he caused to be opened and read, the Contents whereof are as followeth. å r A Letter dated the 7° of Nouember i621 directed to m² Deputy ffarrar and to the rest of the Counsell and Companie for Virginia You shall receaue here enclosed 40° 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 yº Companies appointement, Also I desire that m' 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 m" Deputy performe yo' promise in con- cealinge my name I take my leaue and rest a daylie orator for VIRGINIA. [282] 1 546 RECORDS OF THE VIRGINIA COMPANY 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 močon agreed to suppe together, m' Gibbs beinge entreated to giue notice hereof to m' 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 ppetuity of this kinde, m' Deputy therefore moued that this Court would please to recomend it to the next Quarter Court to appoint on what daye hereafter this yearely exercise shalbe pformed wch močon 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 m' Deputy whoe knewe the gentleman to signifie the Companies espeaciall thanke vnto him. Whereas in reguard of the great seruice weh m' 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 proporčon of land and Tenant 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 močon and praid S¹ Io Dauers S¹ Phil- lep Carey m' Gibbs, m' Wrote m' Io Smith m' Nicho: ffarrar m¹ 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 m' Hawes takinge notice of the Com- panies purpose to entertaine m' Iohn Pountis into their seruice moued that whereas certaine priuate men had aduentured the Some of 10 NOVEMBER 14, 1621 547 1 t 1800¹i in a ioynt Stocke for transportinge of men and diuers goods for a ffishinge voyage in the yeare i618 ouer wch the said m' Pountis had charge & gouerm moued yt forsomuch as it seemed the Companie intended to imploye the said m' Pountis in their seruice that they would please in consideračon hereof §to giue§ the said priuate Aduen- turers send greater pporčon of land for the 25 men formerly sent ouer [283] As also some consideračon for the good remayninge whereof the Companie might make good vse. Touchinge the first aunsweare was made that the Companie did not conceaue m' 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 resolučon to come home for England had not the Companie given him some encouragm 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. M' Deputy signified that he was to moue the Court for graunt of three seuerall Patente for perticuler Plantacons vnto such as would vnder- take to transport at their owne charge one hundred psons a peece to Virginia the first for St Charles North, the second for m' Crowe, the Third for m' 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 Patent for S Richard Worsly and his Associate there was a mistake in settinge downe of Anthony Ienings for Abraham it was moued that erro' might be amended at the next Court wch was graunted. It was ordered by consent of the Aduenturers of the old magazine that m' 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 hand and paye the same ouer to m Richard Bull that a diuident may be made to the Aduenturers. I 548 RECORDS OF THE VIRGINIA COMPANY The Auditors also of the old Magazine were earnestly entreated to audite the Accounts in m' Essingtons hande and to giue warrant to m' 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 warrant 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 approbačon of this Court in manner fol- lowinge vizt: he assigned 4 of them vnto m' Charles Cratford of the midle Temple in London esqr. Also he assigned 2 to m' Richard Chettle. m And two vnto m' W" Wheat of the Midle Temple esqr. ffrauncis Carter also with like approbačon of this Cort passed ouer 7 shares of land in Virginia pcell of 40 shares assigned vnto him by the right Honoble the Lady Lawarr vnto those seauen psons followinge. [284] To Robt Chettenly gentle To Iames Woodcocke Marriner To m' Geo: Butler Clarke.. To Isaacke Gold Drap To Io: Kirby Marchantaylo". To m' Tho: Wilson Clothworker... To m' Geo: Cornish haberdasher.. 7 shares. Whereas m' 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 Comodities, 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 Comission to enhable him therevnto. NOVEMBER 19, 1621 549 1 A PRÆPARATIUE COURT HELD FOR VIRGINIA THE NINETEENTH OF m' Deputy. m' Gibbs. m' Bromefeild. m' Risely. Σ m² Wrote. NOUEMBER 1621. ||PRESENT m² Barbo". m¹ Bland. m' Darnelly. mr Clarke. m' Ayres. Capt: Martin. m' Casewell. m' Smith. mr Steward. m' Nicho: Farrar. m' Iadwin. m' Sheppard. m' Shipton. I m' Challoner. m' Mellinge. I m' Budge. m² Swinhow. m' Wiseman. mr Roberte. m' Baynham. Σ m' Widdowes. r m' Barbo". mr Geo: Smith. m² Meuerell. m' Newport. Vpon readinge of the former Courte m² Deputy acquainted the Com- panie with what the Comittee appointed by the said Court had donn concerninge the Statinge of the Vice admiralls place in Virginia, who in considerañon 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: m' Deputy therefore moued to knowe the Companies approbačon 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 comended to the care of the Gouernor to appoint the same. [285] Forsomuch as m' Io. Pountis was elected Viceadmirall of Virginia by a generall Court held the 10th of Iuly last, and was also authorised by 550 RECORDS OF THE VIRGINIA COMPANY Comission to execute the said Office prouisionally for one yeare vntill the said Comission might be further confirmed vnto him by the next Quarter Court; m' 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 Comission should be continued for three yeares and therefore referred it to the Quarter Court for confirmacon. Whereas the Comittee appointed to treat with m' Copland about the buildinge of the East India Church or Schoole, in Virginia towards wch a Contribučon of 70" 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 toward 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 Schoolem' mayntenance in his first begiñinge: with ||wh|| allow- ance of land and Tenant beinge put to the question was well aproued of and referred for confirmacon 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. ch It was further moued that in respect m' Copland Minister hath bin a chiefe cause of procuringe this former contribučon 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 aduancem* of this pious worke that therefore the Companie would please to gratifie him with some proporcon of land: Where- vpon the Court takinge it into consideracon and beinge also informed yt m¹ Copland was furnishing out certen psons to be transported this NOVEMBER 19, 1621 551 present voyage to plant and inhabite vpon such land as should be granted vnto him by the Companie they were the rather induced to bestowe vpon him an extraordinary gratificacon of three Shares of land old Aduenture wch is 300 acres vpon a first diuision wthout payinge rent to the Companie referringe the further ratificacon 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 Comissions 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 Comissions ready against the next Quarter Court. Mr Waterhouse presented vnto the consideračon of this Court certen Propositions for the better pformance 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 m' Waterhowse would stand to their curteousie wth wch he was contented, So that he might out of his Receipts from time to time be pmitted to take allowance for defrayinge of necessary charges for himselfe his man and two horses, weh the Companie assented vnto so that his said Charge exceeded not 50° a weeke, and that accordinge to his promise he doe present his Account a weeke before euery Quarter Court and giue Security of 500, for such money as shall come to his hand in the interim. And also that he take his direc- cons 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. ch 552 RECORDS OF THE VIRGINIA COMPANY It was moued that whereas many bill of Aduenture were from time to time presented to the Court wch were found to be omitted in the printed publicacon 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 močon 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 publicacon 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 pvsed and Collecčon made of all such bindinge orders weh being further ratified might be added to the rest of the lawes in the printed booke. [287] It beinge signified that m' Essington beinge made acquainted with the order of the last Court held the 4th of this present Moneth touch- inge the auditinge of the Account remayninge in his hand and the makinge of warrant to m' 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 pemtorily 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 payment appointed to be made in Easter and Michas 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. NOVEMBER 21, 1621 553 ch Captaine Martin ||hauinge|| peticoned to the Court for redresse of certaine greivances whereof he complained was admonished that if he would willingly surrender his Patent weh 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 land to be made with equall fauo' 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 fauo', and Assistance that in reason or iustice he could expect, notwithstandinge this admonicon Capt Martin refused to surrender his said Patent, and said he would exhibite his peticon 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 m❜ Deputy. FORENOONE THE 21 OF NOUEMBER 1621 PRESENT. m' Challon'. m' Gibbs. m' Barbor. mr Wrote. mr Bland. m' Shippard. mr Nicho: ffarrar. m' Ayres. m² Caswell. m' Mellinge. m' Bennett. mr Wiseman. m' Baynham. 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 Comis- sions as were to be graunted to m" of Shipps to ffish and trade, the 554 RECORDS OF THE VIRGINIA COMPANY said Patente and also the Drafte of the Comissions beinge nowe pre- sented to this Court were read and §after examinacon beinge put to ye question were§ well approued of. The Patente were these vizt. Patent to Arthur Swaine xº for plantinge of Rowland Truloue xc for Iohn Crowe xe m' Edw: Ryder m' Symond Leeke Daniell Gookin.. m' Edw: Bennett Sr Charles North m' Leninge • 100 psons 100 Aduenturers 100 100 100 300 100 Planters 100 .. 100 The Comissions granted for ffishing Cr trade were these vizt' 1 Io: Huddleston m' of the Bona Noua Tho: Smith m' of the Hopewell of of Daniell Gale m' of the Darlinge of.. Capt. Tho: Iones m' of the Discouery of of 200 tuñ 60 tuñ 40 tuñ 60 tuñ Whereas it appeareth by the printed booke of names of the Aduen- turors that one Io: Clapham paid 25" into the Treasury who lately died intestate. It was therefore moued this Court would please to confirme the said two shares of §land§ vnto m² 2 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 menconed 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] 'Three of these commissions, bearing this date, are mentioned in List of Records, Nos. 276-278, page 151, ante. "A blank space in the manuscript. NOVEMBER 21, 1621 555 AT A GENERALL QUARTER HELD ON WEDENSDAY IN THE AFTERNOONE FOR VIRGINIA THE 21 OF NOUEMB: 1621 Sr Io: Dauers. m' Deputy. m² Gibbe. m' Wrote. PRESENT. Do' Anthony. m' Io: Smith. m' Shippard. I mr Nicho: ffarrar. m' Challoner. m' Bromefeild m' Lent m' Steward m' Porter m' Binge Capt Bar- graue m' Paulavicine m' Barbo' Capt: Martin, m' Bull m' Couell m' Leuer m² Rogers m' Ayres m' Wiseman m' Copland m' Whitly m' Caninge m❜ Swinhowe m' Baynham m¹ Baron m' Mellinge m' Hack- ett m' Roberte m' Meuerell m' Lawrence m' Morewood m' Sparrowe m' Berblocke m' Hawes m' Trueloue m' Seaward, m' Bolton m² Peake m² Rider m¹ Phesie m' Viner m' Widdowes m' Ditchfeild m' Heck- ford m' Ley m' Waterhowse m' Newport with diuers others Vpon readinge of the former Quarter Court holden for Virginia the 13th of Iune last, some thing beinge obserued to haue been comended to the care of seuerall Comittees who could not well meet because the buissinesses were appointed in the longe vacacon when most gentle- men were out of Towne it was therefore nowe againe propounded and desired that the same Comittee would please to take those matters againe into their consideračons 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 comon charge of the pishes where they liue and where they are exceedinge burdensome the Comittee nominated were these vizt ST Dudly Diggs. St Edwin Sandys. Sr Iohn Dauers. [290] 556 RECORDS OF THE VIRGINIA COMPANY And whereas it was then thought fitt and desired that a publiq Decla- račon might be made as well to the Companie of London as to all other Citties and Townes of this Kingdome that haue aduentured any Somes of mony toward the Plantacon in Virginia to let them knowe what proporcons of land belong 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 Comittee vizt. St Edwin Sandys. Sr Io: Dauers. m' Deputy ffarrar. m² Io: Smith. mr Gibbs. m' Wrote. m' Cranmer. m' Berblocke. r m' Secre Dauison. They are nowe againe entreated to take some paines in drawinge vp of the said Publicačon that such as haue bin Aduenturers may be stirred vp to plant their land, wch wilbe to the great aduancement of the generall Plantačon 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 somes of money as haue bin receaued by the benifitt of the Runinge Lotteries, and had also in the said Account declared the vses wherevpon the said moneyes haue bin expended from time to time for the aduancement of the Plantacon, weh Account they had accordinge to the direcčon of the said Court presented in all humble Duetie and thankefullnes vnto his Matie. The whole Court Some of wch Account amounted to about 29000 as may appeare, though it was by diuers reported to haue bin a farr greater Some. Hee further signified that m' Barbo' hauinge had his Account pticu- 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, m' Deputy therefore moued that he might nowe haue it at this Quarter Court, but m' Barbo rather desired that his Quietus est might be respited till the next r NOVEMBER 21, 1621 557 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 pvsed and excepted against if any erro' could be found, but if no exception in the meane while could be taken thereat he praid he might then haue his Quietus est. ch 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 pticulers 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 pticulerly examined) did farr exceed that proporcon wch he had before proposed to the Companie insomuch as the Comon Stocke beinge altogether exhausted was no way able to pforme 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 weh 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 condičons 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 pt of yº Charge and so ptake a 4th of ye benefitt that should any waies accrue thereby In consideračon whereof as also for their better encouragem the said Aduenturers moued that the Companie would please to bestowe amongst them all the land that should be due for transpor- tačon of people sent thither to be imployed vpon the said worke, wch močon 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 prosecučon thereof, beinge therefore put to the question the Court confirmed the same vnto them. t Mr Deputy signified that whereas it pleased the Companie to rest the exhibiting of his Account 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 kind of prouisions taken vp for the vse and seruice of the Company yet hauinge nowe satisfied a 558 RECORDS OF THE VIRGINIA COMPANY ! good pt of the said Debt (so as there remayned onely but 100 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 Quart Court, hopinge by that time sufficient meanes would come in to the full finishing of his Account. Concerninge St Edwin Sandys Account m' 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 satisfacčon. The Comittee appointed by the former Court hauinge taken into con- sideračon what proporčon 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 m' 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 direcčons (in consideračon whereof he was by a former Court chosen to execute the said place by Comission prouisionally for one yeare vntill it might be further confirmed vnto him by order of a Quart' Court) It is therefore nowe agreed and ordered that the said Io: Pountis shall continue in the place of Viceadmirall for three yeares begining from the date of these presente. [292] Whereas there was a contribučon of 70" 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 toward the NOVEMBER 21, 1621 559 buildinge either of an East Indy Church or Schoole in Virginia at the Choise of the Virginia Companie: Wherevpon it beinge referred to a Comittee and by them taken into consideračon 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 hono' of the said Benefactors they also signified further that an vnknowne person out of a zealous affecčon to aduance so pious a worke had giuen 30 more, both wch Somes were nowe brought into the Court and laid vpon the Table It was also further declared in the report of the said Comittee beinge entred at large in the Court held the last of october that they thought fitt for the mayn- tenance of the said Schoolem and his Vsher to be placed in the said Schoole to allowe no lesse then 1000 acres of land and fiue psons beside and Ouerseer of them wch they thought fitt should be forthwith sent vpon this former charge (in condicon 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. to fforsomuch as it was also informed that m' Copland was a good meanes by his owne example to moue the aforesaid Cozapanie to giue that contribucon of 70 beinge Preacher in the said Shippe and had further allso writt to diuers ffactories in the East Indies to stirr them vp the like charitable contribucon toward this pious worke: It was there- fore thought fitt and ordered that the said m' Copland by waye of gratificañon 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 admitt m 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. 16455—vol 1—06——————36 560 RECORDS OF THE VIRGINIA COMPANY r 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 agreems made with the appointed Committee who thought fitt to allowe him 50 a weeke for his rydinge charges duringe his imployment to be taken out of his receipte from time to time and that a further consideračon should be had of his paines and trauell herein, wth wch m' Waterhowse was contented and promised to solicite the Bis" that were behinde gratis: The Court there- fore takinge the said allowances into their consideračon 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 m' 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 Collecčon made in his IP Diocesse hath paid in the Some of 20¹ to be imployed toward the buildinge of the Colledge in Virginia. Whereas Captaine Martin preferred a peticon to the Preparatiue Court complayninge of diuers greivances wch he desired the Companie to take into their consideračons, 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 Patent to be made alike wth equall fauo' (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 fauo' and assistance for redresse of his said greiuances, as the Companie in equity could afford him, notwith- NOVEMBER 21, 1621 561 standinge this admonicon and faire offer Capt: Martin refused to drawe deliuer vp his said Patent sayinge that he would peticon 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 imunities then the Companie may or can graunt by the Kinge Letters Patente, in somuch as the Court thought fitt for their better informačon to referr it to a select Comittee to be reveiwed and therevpon did nominate mr Herbert. m² Brooks. m² Earle. m' Gibbs. m' Iermyn. m' Wrote. m' Nicho: ffarrar. authorisinge them or any fower of them to meet about the same at m² ffarrars howse when m' 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 pvse and examine and to make report of their proceeding 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 morning Court wch did approue of them wch Patent、 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 Patent 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 psons to Virginia. To Rowland Truloue and diuers other Patentees Aduenturers & to their Associate who vndertake to transport 100 psons. 562 RECORDS OF THE VIRGINIA COMPANY To Iohn Crowe of Newton in the County of Washford in Ireland esquire an Aduenturer who vndertake to transport 100 psons. To Edw: Rider and his Associate an Aduenturer vndertakinge to transport 100 psons. To Capt Symon Leeke Planter vndertake x 100 psons. To Daniell Gookin of Corke in Ireland Planter x° 300 psons. To Edw: Bennett Robert Bennet Richard Bennett. Thomas Ayres Thomas Wiseman and Richard Wiseman Planters who vndertaketh for 200 psons. To St Charles North of Wakringham in the County of Nottingham for 100: To m' Leninge-100 So that the whole number vndertaken by the Aduenturers & Planters to be transported to Virginia comes in all to 1200 psons. All weh Patente beinge put to the question were confirmed and ordered to be sealed. Mr Deputy likewise moued signified of 4 Comissions appointed for fower mr of Shipps nowe bound for Virginia for transportacon of peo-, ple and goode and after for a ffishinge voyage wch Comissions 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 m' of the Bona Noua of about 200 Tuñ. To Tho: Smith m' of the Hopewell of 60 tuñ To Dan: Gate m' of the Darlinge of 40 tuñ To Capt: Thom Iones m' of the Discouery of 60 tuñ. All wch Comissions the Court authorised m' Deputy to seale. [295] Mr Hawes moued that whereas the Companie had graunted a Patent for a pticuler Plantačon to S 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 NOVEMBER 21, 1621 563 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 Account in m' Essingtons Hande and to giue warrant to m¹ Richard Bull to pay what shall appeare to be due to euery man the Broke for non payment at due times beinge allowed accordinge to the orders of the Magazine ffor somuch as it was informed that m Essington desired some better explanacon 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 Michas Termes, the allowance for broke should begin at the end of those Termes, and so forward till this present daye and to run at 20 p Centu and that the Auditors should be certified of this and desired to proceed accordingly. Γ Whereas a močon 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 Publicačon that therefore the book might be hereafter kept alphabetticallwise conteyninge the names of all such Aduentur's wch močon 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- sideračon of this great Court, that whereas since the printed Publica- con many orders were established in Quarter Courte that did binde the Companie no lesse then the standinge lawes themselues that therefore the aforesaid Court might be pvsed and [296] Colleccon 564 RECORDS OF THE VIRGINIA COMPANY made into what part of all such §bindinge§ orders woh 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 Comittee to see it donn vizt. r St Edwin Sandys. Sr Iohn Dauers. m' Deputy. m' Gibbs. m' Wrote. m' Ro: Smith. m' Nicho: ffarrar. m' Caswell. After these thinge were thus ordered m' Deputy aduertized the Com- panie that he was to acquaint them with a waightie buissines namely the proceedinge of some former Court touchinge the Lorde of the Priuy Counsell their late proposičon and comaund 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 Hs) 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 psecuted we buissines began the 15th of October last and so forward as may appeare by the seuerall Courte. Wch beinge read m' Deputy made two requeste vnto yº Company, the first was to knowe whither they did approue of that he had donne by the aduise and direcčon of the said Court 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 comaund 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 resolucon touchinge this present buissines concerninge the first the Court did generally assent therevnto testifyinge their good approbačon of their pceedinge and of their aunsweares made vnto the lorde of the Counsell freely acknowledginge, that as the Cash stood more could not haue bin pformed, but for the other request concerninge the Companies expresse NOVEMBER 21, 1621 565 resolučons touchinge the pointe in question, it was thought fitt to respite the same vntill some longer time, forsomuch as the Parliam might happily effect somethinge that might ease the Companie of that care & labo yet was it also held fitt that a choise and large Committee 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 m ffarrars howse vizt St Edw: Sackuill. S' Dudly Digge. Sr Walter Earle. St Phil: Carey. Sr Ro: Phillip. Lo: Cauendish. Lo: Padgett. Sr ffran: Egiocke. Sr Io: Dauers. S Sam: Sandys. St Lawr Hyde. [297] I m' Deputy, m' Gibbs, m' Wrote, m' Nicho: Hide m' Brooke m' Ier- myn m' Challon', m' Kightly m' Roberte m' Bateman m' Ro: Smith m' Ditchfeild m' Caswell m' Ayers m' Abraham Chamberlen m' Bland m' Bull m' Barbo' m' Nicho: ffarrar m' Smith m' Caninge. After this a močon was made that for somuch as many Excellent Proiects had bin propounded at diuers Courte in this last vacacon 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 hono' and aduancem of the generall Plantačon 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 566 RECORDS OF THE VIRGINIA COMPANY trade wthall, to wch end certen Italians and others to the number of 16 psons were already sent wch worke is hoped by this to be in a good forwardnes sett vp in aduancement whereof diuers Aduenturers had vnderwritten x a peece beinge the Some proposed to be paid by each Aduenturo wch is to be imployed in a Iointe Stocke: So that that per- ticuler Roll was already come to the Some of 500. li 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 W-ch was like to returne good proffitt vnto the seuerall Aduenturers vnto wch Roll there was already vnderwritt for a Iointe Stocke 1800". 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 Plantacon, in that most of them esteeminge Virginia not as a place of Habitacon 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 Comodities 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 proporconable addičon shalbe made vpon the rest, In the fur- therance of wch Christian Accon diuers of the said Aduenturors had vnderwritt diuers good somes of money none vnder 8" whereby the whole Some of that Roll did already amount to 800" as may appeare by the subscriptions. NOVEMBER 21, 1621 567 The ffourth Roll was intended for a most certaine and benificiall trade of ffurrs to be had wth the Indians in Virginia in the lymitte of the Southerne Colony, it beinge credibly informed both by letters from the Gouernor and Counsell of State in Virginia as also by relacon of others of the great Trade of ffurrs wch is yearely made by the ffrench and Duch Shipps in a verie great proporčon 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 Aduenturo" to subscribe vnto this Roll, Also wherein it is so ordered that none shall subscribe aboue 100" nor any man for lesse then 20". Whereof onely a Third part for the present voyadge is to be imployed in weh Roll there is already vnder- written the Some of 900 wch Shippe is also departed.¹ The fift Roll weh is the last though not the least in estimačon is for the sendinge of Shippwright 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 Plantačon. 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 ptake of the hono¹ and [299] and proffitt that would arise vnto them thereby wherevpon many gentlemen then present did offer themselues 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. 568 RECORDS OF THE VIRGINIA COMPANY 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 m¹ 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 preparačon might be made accordingly. AT A COURT HELD FOR VIRGINIA ON WEDENSDAY THE 4TH DECEMBER 1621 m' Deputy. m' Gibbs. m' Wrote. m' Shippard. m' Nicho: ffarrar. m' Edwards. m' Wiseman. mr Bland. m' Mellinge. m' Meuerell. m² Iadwin. m' Morewood. mr Widdowes. m' Baynham. mr Abraham Chamblen. m' Viner. mr Woodall. m' Ayres. m' Rogers. m' Cuffe. m' Geo: Smith. m² Webbe. m* Sparrowe. m' Newport. mr Whitely. m' Barbo¹. m' Swinhowe. Capt: Bargraue. ļ Whereas by the last Quarter Court appointed a great Comittee to take into consideračon the Propositions of the Lords of the Counsell for bringing in all their Tobacco into England concerninge wch the said Comittee were entreated to giue their best aduise and to prepare some DECEMBER 4, 1621 569 reasons touching the same (against occasion should be offered) m' Deputy did nowe signifie vnto the Court that some of the said Com- 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 thing 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 Collonellpp: conferred vpon him in respect of his sufficiency and experience to pforme that office wch place Capt: Leeke himselfe also said [300] that he affected onely for the honors sake without desir- inge to put the Companie to any Penny charge for the same where- vpon the Court beinge willinge to satisfie his lp so farr as conveniently they might in respect of his lp' good affection vnto the Plantacon and honoble endeauo™ to aduance the same hath therefore made choise of a select Comittee to take it into their consideračon vizt Sr Iohn Dauers. m' Gibbs. m² Wrote. mr Nicho: ffarrar. m' Abraham Chamblen. m² Mellinge. m' Wheatly. m' Ayres. m' Rogers. m' Roger Smith. m' Baynham. or any 5 of them who for the better expidičon of the buissines in reguard of m❜ 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 m' 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 m² Abraham Chamberlen should take vp as much money as here 570 RECORDS OF THE VIRGINIA COMPANY as appeared by the Account of Iohn D' Clarke to be due to the old Magazine and remayninge in his hand and paye the same ouer to m' Rich: Bull that a Diuident might be made to the Aduenturers before Christmas; It was nowe complaned that the said order was not pformed But m' Abrah: Chamblen 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 m' Bull accordinge to the former order. A močon was made that forsomuch as certen errors were supposed to be ptly in the Virginia Companies Receipte and ptly in the paymts whereof a Collecčon had bin made of some pticulers amountinge to a good Some nowe presented in Court and read that therefore the same might be referred vnto the Auditors to be further examined whereby the said Account might be righted wch močon 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 m' 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 Comittees hauinge as yet made no end thereof. DECEMBER 19, 1621 571 AT A COURT HELD FOR VIRGINIA THE 19TH OF DECEMBER 1621 Sr Io Dauers. Sr Walter Earle. St Edw: Lawly. m* Deputy. m' Gibbs. mr Wrote. m² Io: Smith. PRESENT Capt: Bargraue. m² Barbo¹. m¹ Ayres. mr Leuer. m² Paulavicine. m❜ Copland. m' Baynham. m' ffelgate. m' Mellinge. m² Ro: Smith. mr Wroth. mr Nich: ffarrar. mr Woodall. m' Balmford. mr Newport. m² Roberte. m' Shippard. Capt: Leeke. m' Cuffe. with many others. The Committee appointed by the former Court to treat with Capt: Leeke hauing some of them mett and taken into consideračon 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: Chamblen by his Honoble Letter to recomend him vnto this Companie did nowe make report that they had agreeed accordinge to his Lp Desire to recomend 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 Plantačon, they conceaued it a place of that eminent Comaund 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 consideračon of this Court: Herevpon the Court agreed to respite the same till further aduise were taken therein: In the meane time S Io: Dauers is desired to acquaint my 572 RECORDS OF THE VIRGINIA COMPANY Lo: Chamberlen wth those important reasons that moued them here- vnto whereby they trust his lp: will remaine satisfied. Whereas ||m|| Abraham Chamblen had formerly promised to take vp so much money here as appeared by the Account of Io: D' Clarke to remaine in his hand for the Tobacco sold by him at Midleburrough, fforsomuch as Iohn D' Clarke had aduertized by letter that he had trusted out some pt of the Tobacco to be paid at certaine dayes wch were not yet due, m' Chamblen therefore moued that the money might be forborne till Iohn De Clarke had receaued it, beinge pswaded that §it§ was sure enough, but in the meane time he desired he might not be tied to his former pmise least for his good will and paines freely bestowed for the Companie he should run into an inconven- ience. [302] The Auditors appointed for the old Magazine. m' Kightly. mr Cranmer. m² Bull. г m' Ayres. m' Abdy. mr Clethero. mr Bland. m' Caswell. m' Mellinge. m' Cuffe. are entreated to pfect those Account and it is required that m Essington make no more warrant for paymt of moneys but that the Auditors pforme the same after they haue sett those Account 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. r M' Edwards and m' Ditchfeild beinge at a Sumer Ilande Court appointed to repaire to St Tho: Smith for such writing and booke as concerned the Sumer Ilande are desired likewise to §en§treat of him the Lottery book to the end they may be examined by the Auditors. DECEMBER 19, 1621 573 The Auditors for the generall Colledge § Accounte§ for the Companie St Edwin Sandys. Sr Io: Dauers. m' Io: ffarrar Dept. m² Io Wroth. m' Gibbs. m' Kightly. m' Cranmer. are desired by order of this Court to meete euery ffriday in the after- noone, at St Edwin Sandys howse and to beginn vpon ffriday next to examine such supposed erro" as haue bin obserued ptly in the Com- panies receipt and ptly in the payment whereof a Collecčon hath bin made of some pticulers 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 payment by the seuerall Receipte remayninge in their hande or ele not to be allowed of by the Auditors. Mr Edward 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 500" 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 weh he hoped would be wth the first the next Terme hauinge procured my Lo: Keeps pemptorie order for it that then he would discharge the said Debt if it were due vnto the Com- panie. [303] ch ffrauncis Carter wth the approbačon of this Court passed ouer two shares of land in Virginia beinge pcell of the 40 Shares assigned vnto him by the right Honoble the Lady Lawarr vnto m' Ro: Hall of Grais Inn. Also one Share of land more vnto m' Rich: Delbridge of Barnstable in the County of Devon marchant. 574 RECORDS OF THE VIRGINIA COMPANY M' Bamfeild signified vnto the Court of a booke compiled by a paine- full Schoolm' one m' Iohn Brinsly: Wherevpon the Court gaue order that the Companies thanke should be giuen vnto him, & appointed a select Comittee to pvse the said Booke vizt Sr Iohn Dauers. m' Deputy. m' Gibbs. m² Wrote. m' Binge. m' Bamfeild. m³ Copland. m² Ayres. m' Nicho: ffarrar. who are entreated to meete when m' Deputy shall appoint and after to make report of their opinions touchinge the same at the next Court. m❜ Deputy. m' Gibbs. m² Wroth. m² Wrote. AT A COURT HELD FOR VIRGINIA ON WEDENSDAY THE 16 OF IANUA: 1621 m' Kightly. m' Shippard. m' Nicho: ffarrar. m' Barbo¹. ||PRESENT m² Caswell. m² Rogers. m² Roberte. m' Rich: Smith. m' Iadwin. m' Waterhowse. m' Mellinge. m' Cuffe. m❜ Copland. m' Caswell. m' Caps. m' Darnelly. m❜ Swinhowe. with diuers. The Comittee appointed to pvse the book wch m² Io: Brinsly Schoolm' presented at the last Court touchinge the educacon of the younger sort of Schollers, for somuch as they had yet no time to pvse the same by reason of many buissinesses that did occurr they desired of the Court some longer respite wch was graunted vnto them m³ Cop- land beinge present was entreated to pvse it in the meane time and deliuer his opinion thereof vnto the said Comittees at their meetinge about it. JANUARY 16, 1622 575 Mr Deputy signified that one Theodore Wadsworth m' of the Geo: of London of about 100 Tuñ (beinge bound for Virginia) did desire a Comission for transportinge of 60 Passengers wth their Prouisions wch was graunted and order giuen to m' Deputy to seale it. [304] He further also signified that one m' Henry Southey a Somersett- sheire gentleman did desire a Patent for a pticuler Plantačon in Vir- ginia to him and his Associate vndertaking to transport one hundred psons 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 pticuler Plantañon 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 m' Leat a Minister beinge heretofore in Newfoundland and preacher there whome m' Slany the marchant comended for his ciuill and good carriage the said m' 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 book 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 Comittee 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 glassework moued that for somuch as he had issued out 16455-VOL 1—06————37 576 RECORDS OF THE VIRGINIA COMPANY their names accordinge to their direcĉons and therevpon made vp his Account that therefore some might be appointed to audite his said Account: Wherevpon the Court entreated m' 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. m' Gibbs. m' Wrote. m' Barbo". m' Darnelly. m* Mellinge. m' Swinhowe mr Wroth. m' Roberte. who are entreated to meet at m¹ ffarrars vpon Satturday about 9 in the morninge to this purpose. [305] Herevpon m' Deputy moued that not onely a Coppie of this perticuler Account after the same be once audited but also the Coppies of all other Account in like manner beinge audited and allowed might remayne in the Counsell Chest to be forth cominge when soeuer they shalbe required wch močon was well approved and ordered accordingly to be obserued & kept. Informačon 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 with Do' Bohuns proiect weh 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 fauo' and assistance in so worthie an enterprize. å Mr Deputy acquainted the Companie that whereas m' Barret a very sufficient Shippwright ||was|| entertained to goe to Virginia about a Moneth hence for settinge out of whome and his Comp diuers had vnderwritten good Somes of money as appeared by the Roll of Boate- wright and howse Carpenters nowe presented in Court weh Roll for JANUARY 21, 1622 577 somuch as it was not yet fully made vp to that Some weh so great a worke did require it was therefore moued that such as were desirous of the hono¹ and proffitt that would hereby acrue would please to vnderwrite vnto the said Roll. AT A COURT HOLDEN FOR VIRGINIA THE 21 OF IANUARY 1621 m² Deputy. mr Gibbes. m' Wroth. mr Wrote. m' Wheatly m¹. mr Bland. m² Bromefeild. m² Roberte. m' Kightly. m² Nich: ffarrar. m² Couell. mr Woodall. m² Caswell. m' Edwarde. Capt: Tucker. m' Rogers. m' Meuerell. mr Cuffe. mr Swinhowe. m² Palmer. m' Barbo¹. m' Mellinge. 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 S Iohn Wolstenholme Knight and diuers other of the Companie that they might seuer themselues from such as refused to proceed in that Plantacon 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 močon of §some of§ the first Aduenturers that refused now to proceed there was a select Comittee chosen to heare and receaue any obiecčons that could be made vnto the contrary and it was and ordered that pticuler notice of this 578 RECORDS OF THE VIRGINIA COMPANY 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 Gibbs. m' Wroth. m' Kightly. m' Wrote. mr Edwarde. Capt Tucker. are appointed to meete about 2 in the afternoone at m' 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 obiecčons 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 paym* in Cattle wch should be deliu- ered vnto them in Virginia he would then willingly make vp his former Supplies to the proporčon of 10" the share for so many as he Vnderwritt for wch offer the Court accepted of prouided he giue his Bond for the pformance 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 m' 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 weh requeste beinge taken into consideračon the said Companie were pleased to assent vnto as well for makinge the said gentleman free as for admittinge m' Wrote to haue free voice amongst them in the said gentlemans absence [307] ch JANUARY 28, 1622 579 A PRÆPARATIUE COURT HELD FOR VIRGINIA IN THE AFTERNOONE ON WEDENSDAY THE 28TH IANUA: 1621 Sr Io Dauers. ST Io: Wolstenholme. m³ Deputy. m' Copland. mr Balmford. m¹ Ewens. mr Barbo". I mr Wrote. mr Wheatly. mr Caswell. mr Widdowes. m' Mellinge. m' Cuffe. m' Kightley. m' Bull. m² Viner. mr Hackett. m¹ Roberts. m' Waterhowse. m' Nicholls. m' Essington. m' Meuerell. mr Swinhowe. mr Leat. m' Shipton ||wth diuers others|| The Patente formerly ordered to be drawne vp were nowe presented to the Court to be read vizt. A Patent to S Geo: Yeardley and his Associate who being an Aduenturer vndertake to transport The second to m' Leueson Aduent vndertakinge to transport A third to Capt: Nath: Basse and his Associate. 300 psons 100 100 A fourth to Capt: Wm Welden a Plant vndertakinge to transport 100 A fift to m' Caps a Planter vndertaking to transport... A sixt to Henry Southey of Rimpton in Somersett sheire a Planter vndertakinge to transport. 100 100 in all 800 psons Woh Patente beinge examined and read were put to the question and by ereccon of hand approued of and recomended to this next Quart Court to passe the Soale of the Companie. 580 RECORDS OF THE VIRGINIA COMPANY 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 pson directed to the Honoble Companie of Virginia, content 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 benifacto" vnto the Plantation: And because the said Letter contayned some matter of waight in it, This Court thought fitt to referr it to the consideračon 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 satisfacčon of the Donor. M' Waterhowse presented in writinge the Aunsweares of such as he had solicited for moneys due vpon their subscripcon 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 S Io: Dauers 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 subscripčon to the Companie And that it pleased his lp: to promise §his lřes§ should be ready if occasion were offered. And in reguard m' 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 močon 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 m' Balmeford in respect of his often attendance at Courte and JANUARY 28, 1622 581 Desire to doe the Companie seruice wch was also approued and there- vpon as the other referred to the Quarter Court for confirmacon. Notice was giuen that m² 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 m² Euans desired to passe two of his said Shares vnto m' Tho: Newton, the Aditors hauing allowed thereof the Court was pleased likewise to giue their approbacon. [309] Intelligence was also giuen that one m' Tho: Leuison (beinge the gentleman that thath nowe taken a Patent for a pticuler Plantačon) did make it appeare by his seuerall Bille of Aduenture vnder the Companies Seale that there was Due vnto m' ||W|| 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 Secre was willed to take notice. Mr Deputy signified that m' 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 ymunities as shalbe thought fitt and necessarie wch močon was well approued of and order giuen to the Secre to drawe an Instrument against the Quarter Court to that purpose: Where- vpon it was also moued and thought fitt that this fauo' 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 m' Leat Minister beinge formerly appointed to preach this last Sumer in St Scyths Church vpon a Text that was giuen him § had nowe pformed the same § with good approbačon and beinge still desirous to goe to Virginia and to be recomended to the 582 RECORDS OF THE VIRGINIA COMPANY Gouernor for the next place that shall become voide; he praid they would please to take his request into their consideračon 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 20 to furnish him with booke and Apparrell and to paye for his transportacon. Mr Deputy signified that whereas order was giuen for drawing vp a Patent for the Sumer Ilande Companie for confirminge the lande graunted vnto them in Virginia touchinge wch m' Robert Smith had taken some paines to make a Draft who desired S¹ Edwin Sandys to pvse the same: But St 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 Q Court when it shalbe made ready for the seale. Henry Mansell hauinge pretended in his peticon to my Lo Keeper that the Virginia Companie stood indebted vnto him aboue 60¹¹ 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 m' Caninge at the last Sumer 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 recoñed it to the Quarter Court to appoint some Comittee to examine his Account 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 notice¹ of some thing 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 ¹ Originally written "taking notice." 1 JANUARY 28, 1622 583 Aduenturers to take Account what had bin donn by the afore said Auditors wch močon was well approued of and agreed to meet vpon Friday in the Afternoone at m' Deputy ffarrars. A močon was made that a speciall Comittee 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 močon was well approued of and therevpon these followinge were named vizt St Edwin Sandys. ST Io: Dauers. m' Deputy. mr Wrote. m' Gibbs. And for somuch as it was signified by m' Deputy that m¹ 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 S Edwin Sandys would please to giue him thanke in the name of the Company for his forwardnes herein. г Vpon the presentinge of m' ffarrars Account touchinge the glasse buissines wch beinge audited were much comended for the exact forme thereof, a močon was made that both a Coppie of this and all other Account of priuate Aduenturers and Vndertakers for the aduance- ment of publique work for the Colony might be kept in yº Companies Chest to the end y° 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 Boatwright & howse Carpenters did nowe lye open in Court for Aduenturers that pleased to vnderwrite. [311] 584 RECORDS OF THE VIRGINIA COMPANY m' Deputy. m² Gibbs. m' Wrote. m' Io: Smith. m² Ro: Smith. m² Keightley. m' Nich: ffarrar. m² Tomlins. m³ Rogers. m' Barbor. m' Ayres. m' Caswell. I m' Wiseman. mr Swinhow. m' ffaucet. m' Iadwin. m' Waterhowse. m' Elkington. mr Meuerell. AT A QUARTER COURT HELD FOR VIRGINIA THE 30TH OF IANUAR 1621 ||PRESENT|| Ea: of Warwicke. Lo: Padgett. Lo: Warwicke. Lo: Cauendish. Sr ffranc Leigh. ST Edwin Sandys. St Phil: Carey. After the readinge of the former Quarter Court m' Deputy signified of diuers Patente wch beinge read in the Præparatiue Court were well ap- proued of and recomended to this generall Court for confirmacon namely A Patent graunted to St Geo Yeardley an Aduenturer who vn- 300 Persons dertake to transport & plant.. A Patent to Tho: Leueson an Ad- m' Bromfeild. uenturer for 100 m² Berblocke. m' Binge. m³ Grey. m' Gardiner. mr Widdowes. m² Viner. m' Shipton. m' Weston. m' Mellinge. To Capt: Nath: Basse and his As- sociate 100 Patent to Capt: Wm Welden a Planter vndertakinge for…….. 100 A Patent to Henry Southey of Rimpton in the County of in 100 Somersett sheire a Planter for... m² Hart. JANUARY 30, 1622 585 m' Taylo❜. m' Newport. m' Man. m' Martin. mr Stubbe. m² Brewer. m' Wheatley. m' Edw: Rogers. m' fflaxton. I m² Geo: Smith. mr Boothby. m' Harrison. m' Hacket. m' ffelgate. m' Copland. г m² Balmford. mr Woodall. mr Barker. m² Moor". m' Matson. m' Lilly. m' Bull. Patent to William Caps for....... 100 In all 800 psons Wch Patente were all put to the question and ordered to be sealed. A Patent likewise for Martins Hundred hauing bin examined by this morning 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. m' Couell. m² 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.' Most worthie Companie Ianuary 28th 1621 Whereas I sent the Treasuror and yo' selues a letter subscribed Dust and Ashes woh promised 550" 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 weh letter I did not strictly order the bestow- inge of the said money but shewed my intent for the conversion of Infidelle ¹This document was copied into the manuscript at a later date. 586 RECORDS OF THE VIRGINIA COMPANY .ch Children, as it will appeare by that letter woh I desire may be read in open Court wherein I chiefely comended the orderinge thereof to the wisedome of you the Noble §Honobles Companie, And whereas the gentlement of South- ampton Hundred haue vndertaken the disposinge of the said 550¹¹ 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 weh 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 toward the layinge of the foundañon 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 yº 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 550" 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 450 more to make the Sume 1000" 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 yo" Wisedomes like not of this moĉon then my humble Suite vnto y° whole body of yo" Honoble Companie is that my former guift of 550" 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 yo' wisdomes shall thinke fitt: The Mr of weh 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. Directed ch D and A To the right Honoble and wor the Treasuror Counsell and Company for of Virginia. JANUARY 30, 1622 587 This letter beinge referred to the consideračon of this Court for somuch as it did require an Account of the Companie howe they haue expended the saide money vizt the 550i in gold for the bringinge vp of the Infidelle Children in true religion and christianity, St 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 deliberačon 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 amongst 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 Plantacon 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 addičon of 100 more vnto the former some of 550¹ 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 consideračon 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 Addicon (out of the said Societies purse) of a farr greater Some 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 proporčon to be faithfully imployed for the educatinge of 30 of the Infidelle Children in Christian Religion and 588 RECORDS OF THE VIRGINIA COMPANY otherwise as the Donor had required: To wch end they writt verie effectuall letters vnto S Geo: Yeardley then Gouernor of Virginia and Capt: also of Southampton Plantation: not onely recomendinge the excellencie of that worke, but also furnishinge him at large with aduise & direcčon howe to proceed therein with a most earnest adiura- con (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 Direcčon 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 St 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 Sumer 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 satisfacčon 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, St Edwin Sandys farther said that as he could not but highly comend 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 satisfacčon 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] JANUARY 30, 1622 589 Hee concluded that if the gentleman would either vouchsafe himselfe to §ors send any of his frende to conferr with the said Society they would be glad to apply themselues to giue him all good satisfaccon But for his owne pticuler iudgement, he doubted that neither of the two courses pticularised 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 St 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 foundačon, as might satisfie mens expectacons wherevpon he wished againe some meetinge between the Gentlemen or his frende and Southampton Society that all thing beinge debated at full and iudiciously so wayed some constant cours might be resolued on and pursued for the pceeding in and pfectinge 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 narrañon a stranger stept in presentinge 4 books fairely bound sent from a pson 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 Coñon prayer booke, Vrsinus¹ Catichisme and a smale Bible richly imbroydered: The Court desired the Messeng to returne the gent. that gaue them their generall acknowledgm of much respect and thanke due vnto him. t A lre also was presented from one that desired not as yet to be named wth 25'i in gold to be imployed by waye of Addičon vnto the former contribučon towarde the buildinge of a ffree schoole in Vir- 1 Zacharias Ursinus. 590 RECORDS OF THE VIRGINIA COMPANY ginia to make vp the other some 125" 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- čon of his often attendance at Courte and readines to doe the Com- panie seruice, being nowe put to the question were confirmed. And whereas m' Hugh Euans made request yt he might passe 2 of his shares to m' Tho: Newton beinge allowed of by the Auditors & approued of by y° former Court they were put to the question & con- firmed vnto him, wch Shares were due vnto him vpon paym¹ of his 4th and fifth Supply as by Acquittances may appeare.' [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 examined by the Auditors who are to amend those defecte and errors and thereby rectifie the booke against the next Publicacon and to this end m' Waterhowse is desired to giue knowledge of this order to such as ||he|| shall solicite and finde to be wronged in that kinde. Herevpon St Edwin Sandys tooke occasion to report what paines he had taken in reveiwing the seuerall Somes sett downe in the printed booke by comparinge S Thomas Smiths Leger and Cash booke together, wch beinge carelesly kept by his Officers who had sett downe diuers Somes 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 ¹This paragraph was inserted by the copyist in finer writing at the bottom of the page. JANUARY 30, 1622 591 r to excuse some exceptions that were formerly taken thereat, but Some others, the Auditors for S Tho: Smith desired some time to consider of. M³ Copland the preacher hauinge three shares of land old Aauen- ture bestowed vpon him by the last Quarter Court in reward and gratificačon of his good Deserte did nowe humbly desire the same might be confirmed vnder the Companies Seale wth allowance of fiftie acres the pson 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 m' Leat the Minister beinge appointed to preach this last Sundy in St Scyths Church vpon a Text the Compa gaue him had pformed the same with good approbacon and beinge still Desirous to goe to Virginia recomended to the Gouernor and Counsell there to remayne in expectance till some place in the mistery become voide, did therefore praye the Companie would please to fur- nish them shims with some smale allowance for booke and other necessaries: wch request hauinge bin formerly taken into consideračon it was thought fitt to allowe him 20 to furnish §him§ with booke and apparrell, and to paye for his transportacon: Wch allowance the Court did well approue of. Mr Deputy signified that one Henry mansell in his peticon to my Lo: Keeper, amongst other his grevances he complained that the Virginia Companie stood indebted vnto him in 60" aboue these six or seauen yeares for wch cause beinge present at the Sumer 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 satisfacčon but he neither appeared then nor nowe: 16455-VOL 1-06—38 592 RECORDS OF THE VIRGINIA COMPANY Wherevpon the Court thought fitt the Comittee 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 Demand it before of the Companie and yet he alledgeth in his petičon the said Debt to be due to him aboue six yeares since in the time of ST Tho: Smithes beinge Trer 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 fauo' of the Court vpon his Deserte:) It was thought fitt he should be required to make it appeare howe he came by his pretended freedome: And for this cause the Court gaue order that he should bee pemptorily warned to be present at the next Court. [318] And forsomuch as m' Caninge challenged also much money to be due to him vpon seuerall Account he was likewise entreated by the said Sumer 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 m' Caninge had bin often called vpon to bringe in his AccountƐ 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. r 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 psons as for the aduenture of their ioynt Stocke in that buissines wch request the Court assented vnto. M' Barbo' hauinge had his Account 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 JANUARY 30, 1622 593 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 m' Barbo' 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 Accon 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 Account did nowe declare that at his last beinge in the Country he was not able to finde out such writing as did con- cerne his said Account by reason all his papers had bin confusedly cast together and quite out of order, he therefore moued for some longer time for the pfectinge 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 44" vpon Capt: Weldens Tobacco out of 1200 waight he brought home this last Somer 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 without any direcĉon at all from the Companie and beside had as yet yealded no Account of one penny proffitte of Their Tenante labor for these two last yeares for woh 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 Obiecčons the said Captaine Welden seemed to excuse with this aun- sweare: That touchinge the first he conceaued himselfe to be dis- 594 RECORDS OF THE VIRGINIA COMPANY charged by the Companies appointing of m¹ Thorp Deputy ouer the m' 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 labo and good Hus- bandrie, and therefore praied the Companie would please to remitt vnto him the said 44ª staid vpon his Tobacco as afore said: But the Court conceauing this tolleračon 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 accoutable they therefore thought fitt to recomend the further consideračon hereof to the Com- ittee appointed for the Colledge who are entreated to examine the equity of Capt: Weldens case, and takinge into consideračon 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 St Edwin Sandys. Sr Io: Dauers. Sr Dudley Digge. Sr Nat: Rich. Sr Io: Worstham.¹ m' Dept: ffarrar. Do Anthony. Do Gulstone. 1 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] DIE The Certificate of Diuers of the Right Honor: of his Maties: most Hono: priuy Counsell and others the Right Hono and Right Wor¹e: his Mats: Coun- sell and Company for Virginia.* Wheras Capt: §Io§ Martin Esq': (havinge been a longe and faithfull servnt in the Southerne Colony for Virginia from the first begininge of yt Christiann ¹ Wolstenholme. For the list of those appointed on this committee, see above, p. 231. "This entire certificate is in the handwriting of Thomas Collett(?). JANUARY 30, 1622 595 Plantacon 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 Mats: first Counsell of Virginia here settled in England by his Mats royall order and Com- ission in the fface of the publique and open Court assembled and mett together that the said Capt In° Martin was elected chosen and sworne one of his Mates: first Councell of Virginia. Wee know allso yt §ing the saide Hono": and open Courte wth ye ffree and full consent therof hee was thought fitt, chosen and sworne to be M' 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 with 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 pvidently and very Carefully endeavored all the benifitts and good vnto the Plantañon 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 pirogatives and rights what soeuer ffor weh 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 yº Com- pany and Counsell for his May: 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 pceeded 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 y° same accordinge to the true entent and meaninge of this graunt: In wittness wherof wee have here vnto subscribed our hands.names || Pembroak. Ro: Warwick. Leicester. Mountgomery. Sheiffeilde. Ro: Mansell. Tho: Smith. Fra: West. Wm Stt Iohn. Ro: Iohnson. Samuell Argoll. W™ Caninge. m [321] 596 RECORDS OF THE VIRGINIA COMPANY This Certificate beinge read the Court thought fitt to referr it to the former Comittee and some others nowe added vnto them vizt The former Comittees were these m' Herbert. m' Earle. m' Iermyn. Wherevnto were nowe added m² Brooks. m' Gibbs. Γ m' Wrote. Sr Edwin Sandys. Sr Io: Dauers. m' Wroth. m' Balmeford. m' Copland. m' Rogers. r m❜ Baynham. m' Barbo. who are to examine the seuerall point of his said Certificate and for the better satisfacčon of the Lorde whome Capt Martin had misin- formed that they would please to take some paines to make a Declara- čon of the Defect of his Patent and pticulerly 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 Shippwright 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 hono' and proffitt: the Director of that buissi- nes being a verie expert Artist and able to giue good Direcõons for fortificacons. FEBRUARY 13, 1622 597 AT A COURT HELD FOR VIRGINIA ON WEDENSDAY THE 13TH OF ffEBRUA: 1621 ||PRESENT|| St Edwin Sandys. m' Bulkly. mr Deputy. m' Wroth. m' Gibbs. m³ Shippard. m' Nicho: ffarrar mr Seward. §m' Copland.§ m' Bull. m' Mellinge. m' Barbo¹. m' Rogers. m' Widdowes. m' Baynham. m' Edwards. m' Darnelly. mr Barker. m¹ Caswell. I m² Webbs. m' Woodhowse. mr Iadwin. m' Welden. m' Cuffe. m' Copeland. m' Willis. 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 §S'S 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 St Edmund by the decease of S Tho: Harwell their younger brother who aduentured 37 10s towards the aduancem* of the Plantacon 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 ST Tho: Harwell the Aduenturer|| beinge found indebted 25" vnto the Company vpon St Edward Con- ways vnderwritinge for him to the fourth Roll, some Doubt was made whither those shares might be permitted to passe before the said Debt was cleared after some dispute therevpon, it was resolued that S Thomas Harwell could not in equity be charged with that weh 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 598 RECORDS OF THE VIRGINIA COMPANY three Shares therevpon put to the question were by a general ereccon of hande confirmed vnto the said ffrauncis Harwell: In wch shares one m' Kellham hauinge an interest likewise from the said St 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 S Richard Bulkly late of Bewmarris in the County of Anglice deceased paid to the right Honoble Ea: of Southampton in Ianuary last i620, the Sume of 25" for his Aduenture towarde the Plantačon in Virginia, that forsomuch as the said Sir Richard Bulkly did alwayes intend the said Aduenture to and for the behoufe of m' 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 Plantacon weh the said S Richard his ffather had vndertaken as might appeare by the Patent graunted vnto him heretofore by the Comp" who by a former order of Court had appointed him Elizabeth Iland to plant vpon. ch 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 addičon of 68 78 3d should be allowed in shares of land vnto Elizabeth Berkley widdowe wch came to fiue shares and a halfe after 12 10 p share wch wth the [323] Remaine of 331" 12" 9d then ordered to be paid her in money was to make vp the iust Some of 400 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 iournal Book of Account examined by the Auditors and by an Account vnder diuers Comittees hande doth appeare wch shares of land beinge nowe put to the question were confirmed vnto the said FEBRUARY 13, 1622 599 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 S¹ ffrancis Iones k' assigned vnder his hand and Seale all his interest vnto three shares of land in Virginia vnto S' Iohn Wol- stenholme as by his said Assignement Dated primo October 1621 allowed by the Auditors may appeare, Nowe the said S Iohn Wolsten- holme hauinge in like sort by his ||sd|| Assignem* giuen and graunted the said shares vnto Iohn Harrison his Servant, did nowe moue they might accordingly passe the approbačon of this Court Wherevpon the said 3 Shares beinge put to the question were confirmed vnto the said Iohn Harrison. Touchinge the Complaint of m' 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 m' 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 with the approbačon of the Court Where- vpon m¹ 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 m' Io: Clarke beinge taken from Virginia longe since by a Spanish Shippe that come to discouer that Plantacon by whome he was carried to Spayne and there deteyned fower yeares thinkinge to haue made him an instrument to betray that Plantacon, 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 transportačon of Cattle to Virginia he was an humble Suito 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 consideračon 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 recomended to the next Quarter Court for confirmacon. 600 RECORDS OF THE VIRGINIA COMPANY William Willis peticoninge for some consideračon to be giuen him in respect that part of the charge of transportinge men for the Com- panies vse by Capt 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 examinacon 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 peticon. Anthony Bullocke and Wm Browne in their peticon complained that one m' Robert Barker a member of this Companie hauinge bought of S' Amias Preston deceased the one halfe of his Aduenture beinge 50¹ doth doth nowe suppresse and deteyne these writings that should manifest their right to the other halfe of the said Aduenture beinge 50¹ more wch they purchased of the widdowe of the said S Amias Preston, clayminge thereby the whole Aduenture to himselfe Where- vnto m² Barker beinge present made aunsweare that [325] he had lawfully purchased the said Aduenture wch he would proue by those writing he had to shewe, Wherevpon the Court willed him to pro- duce his euidence against the next Court to cleare the question that the Petičoners 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 pformance of this seruice he therefore thought good to acquaint the Court therewith and so leaue it to their better iudgement & consid- eračon wherevpon the Court appointed a Comittee to treat with the said Party. vizt m' Gibbs. m' Wroth. m' Wrote. m' Copland. m' Balmford. m' Roberte. FEBRUARY 13, 1622 601 who are to ioyne herein with the rest of the Comittee and to meet about it vpon Monday next in the morninge about eight at m' Dep- uties and thereof to make report vpon. Vpon readinge the order of the former Court touchinge Captaine William Weldens vndue pformance of the trust reposed in him by the Company in breach of the Contract made with them, he beinge nowe present, moued, that forsomuch as he could not get the Comittee (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 consideračon and finally order it, & therevpon presented a writinge vnto the Court wch seemed to be framed in iustificačon 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 thing as may appeare by the Aunsweares made vnto each seuerall obiection wch were these that followe.' 1 To his first obiecčon touchinge a promise of a supplie of 50 men more (the Springe ymeadiatly 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 S Edwin Sandys then Treasuror in his conference wth him. It was Denied and signified by S 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 fauo' toward him for his better encouragement in that Accon in case sufficient meanes came in and that he carried himselfe well whereby to deserue it of the Companie. To his second Obiecčon 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. ¹A letter of complaint from Weldon to Sir Edwin Sandys is referred to in List of Records, No. 166, page 139, ante. 602 RECORDS OF THE VIRGINIA COMPANY 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 obiecčon that the Companie proporcon 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 ||wh|| 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 6° Obiecčon 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 condicons 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. FEBRUARY 13, 1622 603 To the 7° 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 m² Thorpe was onely appointed Deputy of the Colledge lande, and that it could not but appeare vnto him by their Direcčons that the Deputies place and office was no Diminučon 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 8°: that whereas he said that diuers of this Companie protested that m¹ Deputy ffarrar did promise them they should enioye the prof- fitt of their first yeares labo' wthout paying any thinge to the Colledge: It was Denied by m' 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 St Geo: Yeardley the Gouernor and m' 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. li Lastly he said that forsomuch as all that 900 waight of Tobacco he brought home vpon his owne Account (except C waight of m' 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 comisseračon & recompense of his paines and trouble in their seruice that therefore the Companie would please to remitt him the 44 staid vpon his Tobacco by a former order of Court (whereof 40 markę 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- eracon and obseruinge duely what the Gouerno' had writt concern- inge him, signifyinge he had giuen no ||good|| Account of his place 604 RECORDS OF THE VIRGINIA COMPANY .ch and that some suspicon there was that the Companies goode in his charge were not well accounted, for weh cause before his cominge awaye he had giuen bond of 1000" 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 erecčon 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 fauo' to deliuer him his bond of 1000¹ and to bestowe vpon him xj" for wch he stood endebted to m* Swaine the Companies ffacto' 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 m¹ 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 S ffrauncis Goodwin of Oburne in the County of Bucke knight pcell of the 40 shares assigned vnto him by the right Honoble the Lady Lawarr. Also one share of land in Virginia vnto m' Oliuer Morden of the County of Suff gent. ¹ A blank space in the manuscript. 1 in FEBRUARY 27, 1622 605 A VIRGINIA COURT HELD ON WEDENSDAY 27TH OF ffEBRUARY 1621 St Edwin Sandys. Sr Io: Dauers. mr Io: ffarrar. m' Gibbs. mr Wrote. mr Tomlins. m' Kightley. m' Wheatley. m' Caswell. m' Barbor. mr Roberts. PRESENT m' Shippard. mr Ro: Smith. Capt: Tucker. m' Mellinge. m' Meuerell. m² Hart. m' Balmeford. m' Sparrowe. m" Widdowes. m' ffelgate. m' Binge. m' Copeland. m' Nicho: ffarrar. m' Paulavicine. m' Bull. r m' Iermynn. mr Scott. mr ffaucett. mr Baynham. mr Stocke. m' Kelly. m' Lawr Ley. Capt: Bargraue. I m' Newport. m' Budge. mr Harris. m' Kenaston. m¹ 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- den¹ 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 Sumer woh 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 Turk in her waye but it pleased God to deliuer her out ¹ Written over the word "Rayner" by the copyist. 606 RECORDS OF THE VIRGINIA COMPANY 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. r And further it was certified that they had found the people in Vir- ginia all in good health and that m* Delbridges Shippe was there also well arriued with many good Comodities from the Sumer 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 m' 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 1000 and to remitt him the 11" he stood indebted to m' Swayne the Companies ffactor wch he lent him at Midleburrough wch request he praid the Court to take into their consideračon 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 ereccon 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 11¹i Debt should be remitted vnto him in mercie and fauor towarde him, it was by a generall ereccon 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. li The Comittees report touchinge the allowance graunted vnto the Vssher of the ffree Schoole intended in Virginia beinge read m❜ 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 m' of the said Schoole and to be also assured of that allowance that is intended to be appropriated to the m' for his propper mayn- tenance, but it was aunsweared they might ||not|| swarue from the order of the Quarter Court weh did appoint the Vsher to be first estab- FEBRUARY 27, 1622 607 lished for the better aduancemt of wch Accon 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 affeccons to forward so good a worke: In wch respect many sufficient Schollers did now offer themselues to goe vpon the same condičons as had bin proposed to this Party, yet in fauo' of him for somuch as he was spea- cially recomended by m' 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. m' Copeland. m² Caswell. m' Mellinge. to conferr with him about the methode of teachinge and the book he intends to instruct Children by. Augustine Bullocke and W" Browne complaininge by petiĉon against Robert Barker a Member of this Companie for keepinge backe those writingę wch should manifest their right to the moyitie of S Amias Prestons aduenture beinge 50" 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 m' Wrote. mr Tomlins. m' Iermynn. who are entreatreated to meet at m' Iermyns Chamber in the Temple on ffriday next about two in the Afternoone. 16455-VOL 1—06——39 608 RECORDS OF THE VIRGINIA COMPANY Mr Nicho: ffarrar moued that for somuch as his Account 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 Account: Wherevpon the Court nominated I m³ Bull ||m¹ Moorer||. m' Caswell ||m' Palmer. m² Barbo¹. to meete vpon Satturday the second of March next in the morninge. Vpon the humble petičon of Elizabeth Smalley widdowe the Court haue bin pleased to graunt her a Comission to enquire of the good of Capt: Robert Smalley her Husband deceased and that it shalbe rec- omended to the Gouerno to take care that right be Donne her accord- inge to equity and good conscience. [332] The Peticon of Robert Limpanie being taken into consideračon 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 pmitted 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 with him to Virginia. Mr Hiddlebrand Preiwsen assigned ouer one share of land to Thomas Pemble, wch being allowed by the Auditors passed the approbačon of this Court. M' Edward ffaucet in like manner passed three shares of land to m² Nicholas ffarrar. M' Scott with like approbačon and allowance of the Court passed 3 shares to m' Patrick Copland. FEBRUARY 27, 1622 609 Whereas it was moued that Henry Mansell hath by his Petition to my Lo: Keeper declared that this Comp were indebted vnto him in 60¹ aboue these 6 yeares in St Thomas Smiths time and yet it did noe waye appeare, and that m' Caninge pretended that this Comp were likewise indebted vnto him but for somuch as the said m' 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 m' 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 m' 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 Secre 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 Comittee with an addičon 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 informačon of those Lorde (whose hand he had procured vnto the said Certificate) It was nowe moued that for somuch as the said Comittee 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 Comittee, notwithstandinge they proceeded with as much respect and fauo' toward 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 610 RECORDS OF THE VIRGINIA COMPANY being as well in iustificacon of Captaine Martins good Deserte as also in approbačon 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 Comittee 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 approbačon 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 deliberačon it was aduised that for sauinge the reputacon 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 facčon or spleene toward 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 asperčon and the ill construccons that might be made thereof, Herevpon it was agreed and ordered that a convenient Declaracon should be drawne vp consisting of these fower heade. [334] 1. That whereas they are constrained and lymited by his Mats Letters Patents to fower great and generall Quarter Courte for passinge of all Patente of waight and Disposinge of land in Virginia That contrary herevnto Captaine Martin presented both this ||this|| his Patents for land and his other Patent for the Masterpp: of the ordinance ready engrossed and wthout the preexaminačon of a Comittee to the appro- bačon of an inferio' Court wch had no power to graunt any Patents where notwithstandinge it passed by the power of Captaine Martins frende to the Dislike of some then present and could neuer since that time obtaine the confirmacon of a Quarter Court. 2. To Declare such exceptions against his said Patent as did espeacially repugne aswell the Gouerment of the Colony in Virginia and the FEBRUARY 27, 1622 611 authority of his Mats Letters Patents as also the standinge orders of the Companie fundamentally deriued and grounded vpon the said Letters Patents. 3. To Declare the ill effecte wch haue followed those his exhorbitant priuiledges namely that herevpon Capt: Martin hath refused to submitt himselfe to the lawes and orders of the Colony in Virginia and hath made his Plantačon a receptacle of disordered persons where such as are indebted do shroud and rescue them selues vnder his protecčon wch was also viua voce testified in open Court whereof the Gouern' and Counsell of State there haue often and verie much complained. 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 addicons shalbe thought necessarie the Court haue entreated Sr Io Dauers. m' Deputy. m' Iermyn. mr Wrote. m' Gibbs. m' Nich: ffarrar. or any three of them to drawe vp a Declaracon and to meete about it to morrowe in the afternoone at m' Deputies about two of the Clocke, if m¹ Iermyn can then be present, but if not then to meet vpon fri- day morninge at m' 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. 612 RECORDS OF THE VIRGINIA COMPANY AT A COURT HELD FOR VIRGINIA THE 13TH OF MARCH 1621 mr Deputy ffarrar. m² Gibbs. m² Wrote. mr Ro: Smith. m' Kightley. m' Io: Smith. m' Shippard. m' Steward. m' Binge. ||PRESENT Sr Io: Dauers. St Phil: Carey. Sr Io: Wolstenholme. m' Wiseman. mr Iadwin. m³ Copland. m² Syward. m' Meuerell. m² Combs. m' Mellinge. mr Barnard. m² Caswell. m' Weston. m² Parker. m' Newport. mr Swinhowe. mr Baynham. m' Taytã. m' Kingston. m' Ma: Shippard. m' Hickford. m' Barkham. mr Tomlins. m² Scott. mr Palmer. mr Bennett. m' Barbo'. m² Abr: Chamblen. m' Wynn. m' Roberte. mr Whitly. mr Morewood. mr Eldred. mr Leuer. m' Harrison. m' Darnelly. mr Bland. I m' Bolton. Capt: Bargraue. m' Edwarde. mr Geo: Smith. m" Raph ffogge. with diuers others. m' Martin. mr Widdowes. m² Viner. m' Caninge. mr Dichfeild. MARCH 13, 1622 613 Whereas m' 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 Sumer, he nowe signified the Generall Letter was come to his hande importinge as much as had bin formerly deliuered wch letter for more perticuler Relacons 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 močon 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 močon was well approued of and thought fitt to be taken into con- sideračon vpon returne of the George, wch was Daylie expected when they hoped they should receaue more pticuler 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 for¹ Virginia held the xxxth of Ianuary last their was presented ||to|| the said Courte a Certificate on the behalfe of Cap: Ino: Martin in y° name of ye Counsell & Comp": for his Matie 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 pticularly vnto yo' LoP: a true Accompt of y° State and Carriage therof. May it please yo' LoP: therfore to be aduertised That wheras the said Company are lymitted and dyrected by his Mats fres Patente to 4 great and generall quarter Courts onely for passinge of all ¹The 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. 614 RECORDS OF THE VIRGINIA COMPANY matters of greatest waight and pticularly for disposinge of the land in Virginia and as beinge a fundamtall 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 May: to be invyolably observed. Contrarie here vnto ther was plsented att a pryvate inferior Courte 2 seuerall Patents ready engrossed (y° Compª: not beinge afore acquainted with them) the one Constitutinge the said Capt Martin Mr of the Ordnance the other conteyn- inge a Graunt of Land vnto him his heir executors and assignes, By wch pryvate Courte called extraordinarilie and as by y° effect appeared for yt onely buisi- ness the said Patent was vnlawfully and vnduly passed notwithstandinge ye dislike of divers then plsent but yett neuer had yº Confirmacon of a Quarter Courte. Secondly the said Patent for Land doth conteyne an intended graunt of divers exorbatant pryveledges and transcendent liberties to Capt Martin apparantlie repugnant to iustice and the good Gouerment of the generall Graunt Plan- tacon wch the Compa: by his Maties tres Patents to them could not graunt as namely the exemption of all the people within his Lands from y° Gouerm of the Gouerno' 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 y ffifte pt of all rich Mynes, And to enioy all other Mynes found by him his heire or assignes and of Comon 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 yº Company & Colony. as in pticularr Capt Martine refusall to submitt himselfe to ye Lawes and orders of the Colony || in Virginia. And yt his Plantacon is made a Receptacle & Harbo" of disordered psonns who subterfuge thither from ordinary Iustice, All weh & many other mischeef€ have been often Complayned of by yº Colony att their pticularr and generall Assemblies and by ye Gouernors there and most greivously by Cap Argall himselfe then Gouerno" by his letter to the Company, notwithstanding his owne subscripcon to Cap¹: Martins saide Certificate in approbačon of the said Patent vppon wch Ire an order was made in a great and generall Quarter Court in May 1618, and a Comittee appoynted to examine and reforme yº said Patent there being plsent att yt Court Sr Thomas Smith and m' Alderman Iohnson then Trer and Deputy to this Company so y¹ itt seemeth strange to yº Compª: to finde their hand allso to Capt: Martine Certificate contradicting the Act of yt great Courte wherin themselvs were y° principall directors: Moreouer ye said inconveniencies have been lately testified Viua Voce before yº Company in open Courte. [337] MARCH 13, 1622 615 Lastly y Company have and doe allwaies offer to grant yº 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. Ro: Warwick. Leicester. Mountgomery. Sheffeilde. Ro: Mansell. Tho: Smith. ffra: West. Wm: Stt Iohn. Rob Iohnson. Samuell Argall. m W™ Caning. Wch Declaration beinge read and some wordes¹ 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 St Io: Dauers and m' Tomlins to deliuer vnto such Lorde as had subscribed therevnto a perticuler Coppie of the Com- panies aunsweares as alse 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 Capps2 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 satisfacčon of some especiall|| frende of the said Caps before whome he had bin wronged and impaired in his reputacon 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. ¹This word is written over "former." 2 Written over the name Carver. 616 RECORDS OF THE VIRGINIA COMPANY M' Hall an Atturney havinge brought to the Court the Coppie of an order made by my Lord Keeper vpon hearinge of yº cause and Differ- ence between Capt: Bargraue plaintiffe and St Thomas Smith ||m¹|| Alderman Iohnson and others Defendant 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 consideračon and referred to the examinačon of a select Comittee 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 m' Deputies. Order beinge giuen the last Court (as had bin often formerly) for the warninge of m' Caninge and m' Henry Mansell to bringe in their Account they were nowe called vpon two sundrie times, but neither of them appeared, wherevpon direcčon was nowe ||also|| giuen for the warninge of them to be present with their Account at the next Court. The Court takinge into their consideračon certaine proposičons pre- sented vnto them by m' Copland in the behalfe of m' Dike formerly comended 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 framinge vp of youth comitted to his charge he shalbe confirmed in the place of M' of the said Schoole, Secondly that if he can procure an expert writer to goe ouer with him that can withall teach the ground 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, MARCH 13, 1622 617 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 agreem* between him and the Companie shall accordinge with to his owne request be sett downe in writinge by waye of Articles indented. [339] Vpon močon that whereas the Sumer 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 Sumer Ilande haue deuised many good and holesome lawes to the great satisfacčon 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 močon was well approued of, and because this waighty buissines was formerly taken into consideračon and Diuided into his parte and comended to the care of those Comittees the Court desired they might againe be put in mynde of their seuerall taske and afterwarde their labo": beinge brought to the veiwe of this large Comittee 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 publicacon, and havinge reduced the whole work into a Body of lawes might then be presented to his §thes gracious §veiwe of his§ Maties veiwe by whome beinge approued they might after passe the confirmacon of a Quarter Court. 618 RECORDS OF THE VIRGINIA COMPANY The names of the Comittees are these ST Edwin Sandys. m' Wroth. Sr Io: Wolstenholme. mr Tomlins. Sr Io: Dauers. mr Io: Smith. mr Nicho: ffarrar. m' Kightley. m¹ Edwards. m' Iermynn. m' Hackwell. mr Bennet. mr Caswell. Capt: Bargraue. Capt: Tucker. or any fiue of them. m' Ro: Smith. m² Gibbs. m² Wrote. who are entreated to meete about this buissines vpon Tuseday in the Afternoone at m¹ Deputies in the meane time m' Wrote is desired to collect such orders as haue bin made since the last Publication wch are fitt to be reduced into lawes. I Mr Deputy signified that he had receaued of late certaine intelligence that m¹ Gookins Shippe was arriued in Virginia with twe § 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- dičons, that a Ire might be writt to m² 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 močon was well approued of and order giuen for a letter to be drawne to yt effect. [340] I M' Waterhowse presented his Account signifyinge of dyvers that beinge solicited had bille to shewe of moneyes paid to s Thomas Smith and his Servant for weh 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 Account and to receaue such informačon as shalbe giuen them from time to time touchinge those buissinesses. The peticon of Isabell Read beinge taken into consideračon the Court hath ordered that shee shall repaire to Captaine Io: Martin to require his aunsweare touchinge his promise of satisfacčon for her goods that MARCH 13, 1622 619 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 yº 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 comended 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 confirmacon, when it is also thought that some pro- porčon 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 gent with allowance & approbačon 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 m' 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 m¹ Henry Hutchinson Cittizen and Grocer of London these last §88 shares beinge contained in one Bill of Aduenture. 620 RECORDS OF THE VIRGINIA COMPANY AN EXTRAORDINARY COURT FOR VIRGINIA HELD ON WEDENSDAY IN THE AFTERNOONE THE 20TH OF MARCH 1621 ||PRESENT Sr Io: Dauers. m' Edwards. m² Caswell. m' Deputy ffarrar. m' Wheatley. m' Mellinge. m' Gibbs. r m' Dennis. m² Wrote. m' Tomlins. m' Ro: Smith. m' Nicho: ffarrar. m' Binge. m' Barbo". mr Balmford.¹ m' Seyward. m' Baynham. mr Roberte. m' Meuerell. m' Hacket. m' Cuffe. m' Geo: Smith. with diuers others. A request was made in the behalfe of m' Dennis M' of yº 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 consideračon was pleased to ratifie vnto him, and whereas complaint was made that he had taken 20 for the transport of three Passengers homeward wch was more by 40º 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 y° 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 Ire the i6 of this present Moneth from m' Alder Iohnson with request that the ¹ Written over the word "Balmfold.” MARCH 20, 1622 621 Virginia Court booke might be brought to St 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 comitted to his trust & ought not to be pmitted to passe abroad wthout ye priuity and allow- ance of a Court wherevpon havinge yesterday signified so much by letter to m' 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 m' Deputy said he let m' Alderman Iohnson knowe that the books were then sent vpon my Lord Keepers comandment for that the cause then in question did so require it the Court therevpon takinge this matter into their consideračon did well approue of what m' Deputy had Donne holdinge it vnfitt the Records of the Companie should passe abroad wthout license of a Court And touchinge m* Alderman Iohnsons request in the name of the rest of the Comis- sioners, the Court are willing to giue waye therevnto and hath ordered the Secretary to attend y° Comissioners 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 book 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 Comittee to consider thereof that it may be made a lawe. fforsomuch as m' William Caninge hath bin often warned to bringe in his Account in respect his pretended claime of much money due vnto him from yº Companie and yet hath refused hitherto to present them §It is therefore ordred he shall be once againe pemptorily warned to bringe them in§ wth intimačon 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. 622 RECORDS OF THE VIRGINIA COMPANY Herevpon intelligence was giuen that one m' Smaleman a gent of heriford sheire had paid 25" to m' Caninge wch he neuer brought into the Companies Account whereby m' Smalemans name was quite left out in the printed booke. St Anthony Pell and the Lady Iudith his wife passed ouer two shares of land in Virginia vnto Wm Savill esquire beinge formerly aduentured by m' Aldran Rotheram and at his Decease bequeathed vnto the said Lady Iudith his then wife. r Mr Deputy signified that one m' Leuison desired a Comission to trans- port Passengers to Virginia hauing formerly taken a Patent for setlinge ||to settle a pticuler Plantačon there, wherevpon y° Court gaue order for drawinge vp of his Comission and for affixinge yº Companies Seale therevnto. [343] AT A COURT HELD FOR VIRGINIA ON WEDENSDAY THE 27TH MARCH 1622 Right Honoble Lo: Cauendish. Lo: Padgett. Sr Io: Dauers. ST Phi: Carey. m❜ Deputy. m' Wrote. m' Gibbs. PRESENT. m' Io: Smith. m' Ro: Smith. mr Brooke. m² Hacket. m' Nicho: ffarrar. mr Barnard. m' Mole. m' Bland m' Bull m' Kightley m' Caswell m' Barbor m' Balmefor[d] m' Grace m¹ Swinhowe m' Baynham, m¹ Widdowes m' Iadwin m² Benn[ett] m' Viner m' ffoxon m' Wood, m' Penistone m' Scott m Kirby mr Winch m' Woodall m' Stephens m' Brudenell m' Dar- nelly m' Wheatley Capt: Tucker m' Nicholls m' Edwarde m' ffelgate m' New[port] m' Leuer m' Copeland m' Roberts m² Leigh. MARCH 27, 1622 623 .ch 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 Ires sent by her woh 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 thing、 they ga[ue] aduertisement that the Ironwork so longe and earnestly desired were nowe in a good forwardnes to be sett vp by the meanes of m² 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 y° first conveniency. There was also now presented certaine proposicons sent to yº Com- pan[ie] by m¹ Deputy Nuce for alteringe their present condičon 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 y° Counsell for Virginia to take it into their consideracon and to certifie their opin[ion] touching y° samell against the Quarter Court. [344] Vpon the presentinge of a Certificate from the Gouernor of Ge 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 200" by reason that some had not as yet 16455-VOL 1—06-40 624 RECORDS OF THE VIRGINIA COMPANY paid in their subscription: Wherevpon the Court and Aduenturers of the Magazine entreated m' Deputy and m' 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 proposicon desired to be presented to the veiwe of his Mats Counsell for Virginia much concerninge the Plantation haue referred it accordingly to their consideračon. M' 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 Passeng's or goode to send thither would be pleased to giue speedy notice thereof, and further moued for order to drawe vp seuerall Comissions for the said Shipps wch the Court assented vnto authorizinge m' Deputy to seale them. Hee also moued for order for drawinge vp two seuerall Patente for perticuler Plantacons in Virginia, the one desired by m' Robert Mos- ton esqr vndertakinge to transport and plant 100 psons and the other by Capt Dan: Tucker a Brother of this Companie, wch the Court assented vnto. t Edmund Brudenell of Stoakemandauill in ye County of Breck: esquire by his Assignem 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 25¹¹ paid to Sr Tho: Smith then Třer for Virginia as by his Bill of Aduenture vnder the Companies Seale Dated the 28th of March may appeare (whose name notwithstandinge is left out in y° Printed booke) wch assignem 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, M' Deputy gaue notice of two or three that had binn with him and offered themselues t APRIL 3, 1622 625 to goe vpon reasonable condicons|| wherevpon the Court referred them to the Comittee 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 march taylor. To George Mole of London gent... To m' Io: Bowater of London Marchant.. To m' Rich: Stephens of London painter stainer. To Rich: Markham of 1 ¹ in yº County of Kent esqr. . 3 32 2 1 1 Also m'|| Thomas Mellinge passed ouer two shares of land in Vir- ginia parcell of 6: assigned vnto him from m' Raph Hamer vnto m¹ Robert Iefferies of London Haberdasher. AN EXTRAORDINARY COURT HELD FOR VIRGINIA ON WEDENSDAY THE 3° OF APRILL Lo: Cauendish. Sr Io: Dauers. m' Deputy ffarrar. m² Gibbs. m* Wrote. m' Ro: Smith. m² Tomlins. m' Nich° ffarrar. i622 PRESENT m' Ditchfeild. mr Edwarde. m³ Rogers. m' Caswell. m' Wiseman. m' Iadwin. m' Woodall. mr Geo: Smith. m' Meuerell. m² Webb. m' Sparrowe. m' Mellinge. mr Cuffe. m² Caninge. with diuers others. The Sumer Ilande Court held this Afternoone beinge dissolued and the Virginia Cort sett m' Depty signified that vpon a proposičon for- 1 ¹A blank space in the manuscript. 626 RECORDS OF THE VIRGINIA COMPANY merly made, vpon the good successe it pleased God to giue m' 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 m¹ 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 consideračon 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 11" in money at their elecčon 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 40º a peece in Apparrell wch they would deliuer safe in Vir- ginia at the rate of 8" the person in money or a C 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 elecõon as is desired. г Vpon notice giuen that one m² Hawes pretends he hath diuers bills of Exchange remayninge in his hande şof§ good Somes of money due vnto him from yº Virginia Companie the Court doth desires that he make his Demaunde in writinge and present them on Monday next to m' Deputy that the next Court may take them into their consideračon. ! APRIL 10, 1622 627 Sr Io: Dauers. m³ Deputy. m' Gibbs. r m' Wrote. m' Io: Smith. mr Ro: Smith. AT A COURT HELD FOR VIRGINIA THE 10TH DAYE OF APRILL 1622 mr Nich° ffarrar. m' Geo: Mole. PRESENT m' Edwarde. m' Barbo¹. m¹ Barnard. m' Copland. m² Barkham. mr Caswell. mr Roberte. mr Meuerell. I m' Mellinge. m² Woodall. m' Iadwin. m' Rogers. mr Morewood. m' Harris. mr Widdowes. m' Geo: Smith. m' Bull. mr ffoxton. m' Webbe. I m' 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 m' Deputy acquainted the Court that there was due to the said ffrench- men for their wages for one whole yeare past the Some 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 y comon Stocke was cleane exhausted some course might be thought vpon for their satisfacōon: Wherevpon it beinge taken into [347] consideračon it was at length agreed and ordered that m' 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 628 RECORDS OF THE VIRGINIA COMPANY 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 močon 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 močon was well approued of and thought fitt to be remembred in the next generall tre to ye Gouernor whereby it might be proposed vnto them and required of them. m Vpon notice taken of the Companies Treasury exhausted informačon was giuen of much money that might be found due to the Companie from Accountante (if their Account were duely examined) touchinge wch a Note was presented in Court touchinge ||of|| diuers moneys made paid to ST W™ Garway by the Virginia Companie wch are not to be found in S Wm Garwayes Accounte, wch note as by the pticulers appeared amounted to no lesse then 433" 17° 4d: wherevpon the Court desired the Auditors to take notice thereof and to examine the said Account 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 Somer: it was nowe thought fitt and resolued accordinge to a močon 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 m' 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 m' Copland was pleased to vndertake it and therevpon two places beinge proposed where this exercise should be pformed namely St Michaells in Cornehill or Bowe Church it was APRIL 10, 1622 629 by ereccon [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 m¹ Carter is appointed to giue notice of the time and place to all the Companie.' A request was made in the behalfe of m¹ Iohn Berkley M² 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 m' 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 consideračon 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 m' 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 m¹ 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 Comittee thought fitt in reguard of his longe waitinge and Dependance vpon that imploy- ment to bestowe vpon him 3 to discharge him wch agreement and allowance this Court did well approue of. Mr Deputy moued for drawinge vp a Patent for S 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 lre presented in Court directed to m' Deputy ffarrar from one m' Nicho: Hawes signifyinge of two Bills of Exchange made ouer vnto him the said Hawes by m' Henry Rolfe payeable longe ¹This sermon was printed and is referred to in List of Records, No. 312, page 155, ante. 630 RECORDS OF THE VIRGINIA COMPANY since and sett downe in m' Essingtons book as Debte of yº Com- panies to be paid as moneyes came in, the Court takinge it into con- sideračon and havinge [349] examined the bills and withall beinge certified howe vnduely those debt were laid vpon the Companie they willed the messenger that brought the Letter to returne m' Hawes this aunsw followinge that they doe not vnderstand for the present that any such bill was euer accepted and the direcčon beinge to ST Thomas Smith as Treasuror of the Virginia Companie by m' Peirs who hath Relacon 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 m' Rolfe was so forward to passe his letter of Atturney to m' 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 m' Io: Wolstenholm of London Esquire with the allowance of the Auditors and approbačon of this Court. With like allowance and approbačon ffrauncis Carter passed ouer two shares of land in Virginia vnto m' 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 approbačon 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 gent. [350] MAY 8, 1622 631 VIRGINIA COURT HELD THE 8TH OF MAY 1622 S Io: Dauers. PRESENT m' Widdowes. m' Leigh. m' Nicho: ffarrar. m' Dep: ffarrar. m' Io: Wolstenholme. m² Gibbs. m² Wrote. m² Mole. m' Ro: Smith. m² Roberte. m² Swinhowe. m' Mellinge. m² Hackett. I m' Peirs. m' Barbo'. m' Geo: Smith. Capt: Tucker. m² Roberte. m' De Lawne. m' Moorer. mr Moorer. mr Woodall. m' Newport. m² Rogers. m' Tomlins. m² Iadwin. m' Copland. m' Caswell. m' Barkham. with diuers others. I m' Binge. m' Wynn. m' Martin. The Court beinge moued to take some order about the Tobacco brought home by the George lately returned from Virginia hauinge entreated m' Bland m' Caswell m' Geo: Smith and m' 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 m' 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 whall expedičon money might be made of it the price and manner of Sale was wholly referred to their fidelity and discrecon. And it was by a generall ereccon 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 Slay outs or engage themselues for in this buissines and the 632 RECORDS OF THE VIRGINIA COMPANY Remainder of money that should arise by the sale of the Tobacco should by m' Bland m' Caswell m' George Smith and m¹ Mellinge be paid ouer vnto m' Deputy ffarrar and m' 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 Sumer Ilands Court when they treated about the Tobacco brought home by m' Peirce in the Concord ||being|| about-11000 waight [351] wch he estimated ||esteemed|| would come to about 1700¹ he tooke occasion to acquaint them wth what had bin then ordered vizt that they had entreated m' Bull and m¹ 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 pticuler Plantacon§ to m' Edmond Wynn an auncient Aduenturer gaue order for makinge it ready against the next Quarter Court. Vpon informacon giuen of Iames Hooper §Porter§ his deceitfull deal- ing with 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. MAY 8, 1622 633 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 goodę nowe come home a močon 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 weh 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. fauo' 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 S 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 book and charged it vpon Account, wherevpon it beinge taken into consideračon howe he might be releiued, he was at length aduised to peticon vnto my Lo: Třear for remittinge the said imposičon in reguard he was a freman of Vir- ginia and intended to returne thither againe with some servante out of the proceed of that smale parcell of Tobacco he had here|| brought ouer to supplie his wante. Vpon the humble petičon of Elizabeth Smalley widdowe it is ordered that shee shall haue the porčon 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 y° Somes they had vnderwritten 634 RECORDS OF THE VIRGINIA COMPANY beinge longe since and out of yo' §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. 1 Mr Paulson moued yt whereas he had aduentured 50¹¹ in yº old Maga- zine ioynt Stocke, and cominge to m' Essington for order to take out his money as others did he Deenied² the same vnlesse he would pay for the transport of two men sent ouer wth m' Crosse of wch two men m' Paulson said the Companie had giuen them their transport in requitall of his paines in ye settinge out of y° first two Shipps for yo Magazine yet neuertheles m' Peirs not findinge these 2 mens trans- porte satisfied by reason yt Crosse died by y° way did therefore make stay of his good for their said transport but m' Peirs beinge nowe Åsent acknowledged he had afterward satisfacčon from m' Crosse his Executors: Wherevpon the Court ordered that m' Paulson should haue out his Aduenture as others had, and for y° allowance of his two mens transporte giuen ||him|| he was to make proofe thereof at the next ||Magazine|| Court. [353] Vpon the humble peticon of Vrsula ffrench widdowe a verie poore woman cravinge some allowance toward 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 peticoninge 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 peticoninge for the remaynder of his wages due vnto him by Contract with the Companie as he pretende some 12 yeares since who went with ST 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 ¹ Written over the number "30" by the reviewer. "Written over the word "deemed." MAY 8, 1622 635 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 peticon 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 satisfacčon for her Husband goode to the full value wch were prized at 5i 198 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 peticone¹. 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 approbačon of this Court. ffrauncis Carter also passed one share of land in Virginia to m¹ Henry Wentworth of London Skinner parcell of the later 40 assigned vnto him by the Right Honoble the Lady Lawarr. [354] M¹ Staples Minister recomended by m' Abra: Chamberlen and by Certificate vnder the hand 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 consideračon did at length agree that although their Stocke was spent they would strayne them- selues to giue him 20 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 weh he promised to performe. + 636 RECORDS OF THE VIRGINIA COMPANY Mr Deputy havinge acquainted the Court with the notice that Capt: Martin had giuen him by two seuerall letters of a meetinge at S Tho: Smiths of certaine Honoble Lords and Knight appointed Comittees by his Matie to take hearing of ye difference between him and the Vir- ginia Companie, it beinge nowe taken into consideraeon §considera- čon after some deliberacon§ had therevpon the Court entreated m Deputy m¹ Tomlins m' Wolstenholme m' Iermynn m' Nicho: ffarrar m' Caswell m¹ Roberts or any 3 of them to repaire to S Tho: Smiths howse to morrowe about two of the Clocke in the Afternoone accord- inge to the appointment to attend the said Comittee 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 r Memorandû 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 pfect Copie of the said originall Courte booke: Savinge that there is here wantinge in the Copie certaine ||of onell Courte from ||of|| the 20th of May 1620 to and y° begining of y° Q' 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. Secre ED: COLLINGWOOD Secrẽ ¹The following certification is written on an unnumbered page of the manuscript following page 354. O JAN 31 1907 די 9% UNIVERSITY OF MICHIGAN 3 9015 02192 1328 DO NOT REMOVE OR MUTILATE CARD $