SOURCE HEADER | URL: https://archive.org/download/recordsofvirgini01virg/recordsofvirgini01virg_djvu.txt | Edition: Kingsbury (ed.), The Records of the Virginia Company of London, vol. I (Court Book 1619-1622), Washington: GPO 1906 | Fetched: 2026-09-14 (UTC) by worker B | Raw OCR text, unedited ---- Siihrnrq llniurrsttii nf ^Jittaburgl) 'par. luuk V. I Digitized by the Internet Archive in 2009 with funding from University of Pittsburgh Library System http://www.archive.org/details/recordsofvirgini01virg m 's ^^d^ \ ■ ■-■^i ; '^s"4$l i4 ^'^ r- U f '"■ ^ h U Li- ;; \ A t i ■'rl> -—*—**• -r-^ %' K(:i38[jnRM fcni^nO ^.i. > . arnuIoV )o nobejiii^iaO J 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 (Tljf Iprnr&B of ®I|p Utrgtma Olompattg of Slnnbon 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. canl, 6-35006 In my report for 190-1 I gave the reasons in favor of the printing by the Library of this and of similar unpublished manuscript records in its possession.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 Kingsbur}', 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 stud}' 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 (i) 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 Putxaxi Librarian of Ccnigress WORTHINGTON ChAUNCEY FoRD Chief, Division of Man uscrij)ts 3 lG95e4 l^xi^tntt 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 earl}' 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 hei'oic, attaches to the founding of Virginia and Plymouth, and makes them fit subjects for the poet. B}' the time when the other colonies were founded the glow and inspiration had giown 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 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 usualh' given of the origin and preservation of the record as we now possess it. The transfer of the copj' 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 b}' 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 thechancesandmishapsof 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 i " The following year Mr. Thornton published a pamphlet in Boston, in which he outlined the histor}' 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 b_v 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 1S81 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 3'ears 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 ffistory" (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 midertaken. 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 efi'ort which he may make to learn all which they have to reveal in reference to any subject. Finally, the index completes the invaluable service which Miss Kingsbury has rendered in the editorship of the work. Herbert L. Osgood Columbia University Ol0nt^nt0 Page NOTE >- 3 PREFACE 5 INTRODUCTION 11 I. Character op the Virginia Company: Comparison with earlier movemeuts for discovery . 11 Comparison with earlier movements for trade 11 Importance of the Virginia Records 14 II. The Records of the Company under Sir Thomas Smythe: Organization of the company under the charter of 1606 17 Change in character from 1606 to 1609 21 Classes of records, character and value 23 I. Fundamental documents emanating from the Crown. II. The court books. III. Documents issued by the company. IV. Letters from the planters and the outline of Argall's register in the colony. \'. Publications of the company. VI. Private papers of adventurers. VII. Supplementary contemporary cor- respondence III. The Collections of Documents, 1616-1624: General character of the records . 39 The Jefferson Library in the Library of Congress 41 The copy of the court book — acquirement by Mr. Jefferson. Manuscript records of the company. Volume III. The "courte booke" of the colony — contents and description Transcripts of the Virginia Records 48 Randolph copy in the collection of the Virginia Historical Society. Jefferaon tran- scripts. Transcripts of documents in England recently acquired by tlie Library of Congress Documents in Richmond ? Manuscripts in the New York Public Library Collections of Americana ............ 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 Ofiice 66 Collections in England — British Museum 67 9 10 RECORDS OF THE VIRGINIA COMPANY IV. The Records of the Company under the Sandys-Soi'Thampton Administration: Page Organization of the company — Membership, meetingi?, officers 71 Metliods of procedure — General usage and elections. Rewards 74 Record books provided for by the company 75 The extant records — The court book 78 History of the contemporary copy. Description of the contemporary copy in the Library of Congress. System of keeping the court book. Contents of the court book The extant supplementary records 87 Documents giving an outline of the activity of the company. Documents revealing the movements for trade and industry. Documents which concern the relation with the colony. Records of the colony. Documents which concern the develop- ment of fa;tions and the recall of the charter. Documents which record the relations between the company and the Crown Conclusion — Value of the Virginia Records ......... 103 Understanding of the organization and activity of the company. Value in a study of problems of state and of proprietary colonies. V. The Fate of the Original Records of the Company: Events leading up to the confiscation of the records by the Privy Council . . . 107 The conflsc^ition 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 Ill Retention by the Privy Council for the successive commissions of 1625, 1631, and 1634. Dissipation among the members of the successive commissions. Private collections which have been searched in vain for these records Destruction of the records 115 BIBLIOGRAPHICAL LIST OF THE RECORDS OF THE COMPANY .... 119 TABLE OF EXPLANATIONS 207 THE COURT BOOK, VOLUME I 215 April 28, 1619, to May 8, 1622. KUuHtrattnna I. Certification of Volume I op the Original MS II. Writinc; of Thomas Collett (?) . Being page 54 of Volume I of the original MtS. Front. 280 III. Writini; of the Fir-st Copylst (not identified) with John Ferrar's Notes A record of the Summer Islands' Courts, from the Ferrar Papers. 344 IV. Writing of the Third Copyist (not identified) Being page 214 of Volume I of the original MS. 464 L ©In? (Uliarartrr of tl|f Olompang The individual eflfort 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 conmiercial 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 l-i97, 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 16-24. 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 up.Mi monopoly 12 IXTROnUCTION 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 ^Varde, 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 wa^- 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 tief, 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 companj' 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 i)lantation, the Virginia Company was purely a ('ommercial 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 onh' 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 ))y 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. "Bidflle, CahnI, Appendix, pp. 312, 314, for this rharter. (■Hakhiyt, Principal Nai-igalions, VIII, 17-23, 289-296. <^ Osgood, H. L., The American Colonies in the 17lh Century, I, 83. CHARACTER OF THE COMPAKY 13 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 * * *."" 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 emploj- 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 b}- increasing the importance of the directors and investing sums for a limited period it became a joint stock company." 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 countrv and gather what commodity oLingelbach, Tlie Merchant Advenluren of England, 218-236 for extracts fr<>m the charters. The first two are published in Rymer, Foedera, and Hakluyt. b East India Companij, CItnrters. "Cunningham, W., the Growth of English Indastri/ and Commerce hi Modem Times (edition of 1903), Part I, ch. VI, sec. YII. ''See the patent in Ilakhiyt, II, 304-316. For full citation of the titles of printed '.vorks rcferrtnl to in the notes, see the Biblioj^raphy, p. 212, jiost. (■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 JlfTRODVCTION 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 Compan}'. 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 hitter 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 studj^ 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 Kngliind 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 enterpi'ise 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 ma.ss of min- utes, orders, instructions, letters, and memoranda of the company for Virginia will aid in the interpretation of the comparativelj- 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 originallj' 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 compan}' 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 polic}' 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 S3'stem and of a colonial polic}^ Although the maturity of this system and policy is not reached until after the Commonwealth, the influence of the associates of James 1 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 histor}"^ 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 3'et no book has been written concerning the forms or functions of the British Government as employed in colonial administration. Z. QIIiP l^prnrbB of tl|p (Unmpattg xtnhn Bit 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 3-1'-' 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 bo raised by a tax "Upon the emoderate gainesof those that contrary to lawe abuse the poo re," and was not in any way to be " raised upon the sweat of the poore or the Industrie of the ^Printed in full in Brown, Genesis of the United States, I, 33-35. ^Printed in full, Brown, Genesis, 1, 3&-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 ij" paied gaine iiij"." 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 boimd 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 plantiition 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 ConstUiUions. t> Articles, Imtructiom and Orders for the government of the (Colonies, November 20, 1606. Reprinted in Brown, GenetM, 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 iliecellaneous Records, 1606-1692, pp. 26-33. 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 atfairs 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. 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 tne river "which bendeth most toward the North-West, for that waj- 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 « Printed in full, Brown, Genesis, I, 64-75. >> See Certain Orders and Directions, December 10, 1606. Manuscript in the Library of Congress, Virginia Miscellaneous Records, 1606-169S, pp. 19-23. Reprinted in Brown, Genesis, I, 75-79. 'See Instructions by way of Advice, December, 1606. JIanuscript in the Library of Congres*, Vir- ginia Miscellaneous Records, 1G06-169S, pp. 14-17. Reprinted in Brown, Genesis, 1, 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 earl)' 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 Relalimi, 1608, reprinted in Arber, Works of John Snrith, 1884; Discourse of Virginia, by Edward Maria Wingfield, printed in the Arrhaeologia Americana, IV, 77-103; Observa- tions gathered out of a Discourse of the Plantation * in f^rginia * 1606, by George Percy, printed in Brown, Oenesis, 1, 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. *> Noiu Britannia, printed February 18, 1609. This document is reprinted in Force's Tracts, I, No. 6. UNDER SIR THOMAS 8MYTHE 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 Chakacter fbom 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. "^ 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 <» For a history of the organization of the company and of the founding of the colony, see Osgood, I, Cha. i-iv. 6 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 unfortunate!}' no trace of the book has yet been discovered and even its existence has heretofore been unknown." Whatever may have been the source of control, the narrations of Captain Percy, Edward-Maria Wingtield, 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 anj'thing 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 companj', 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 hnportance 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 j'ears, 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. iiThis document was recently found by the Editor in the Bodleian Library. Ibid., p. 121, No. 1. UNDER SIR T BOM AS SMYTBB 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 Kecords 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 compan}' 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. « For the documents in these various classes, see the claasificationa by Koruan numerals at the left of each entry under the " List of Records," poat, pp. 121-205. 24 INTRODVCTION 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." I. — FUNDAMENTAL DOCUMENTS As far as appears from the evidence of the extant documents, when by the charters of 1609 and 1612, James I surrendered to the company full rights of trade, as well as territorial and governmental rights in Virginia he apparently lost all interest and part in the undertaking, and it was only when the plantation had developed into the colony, and when at the expiration of the privileges of free importation in 1619, the business of the corporation had become so good as to offer a prospect of revenue that the King in his council began to interfere in the affairs of the company.* 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 b}' 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 cit}' 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- oFor the documents of the period from 1606-1609 not mentioned by Mr. Brown in his Genesis of the United Slates, 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 tlie 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. •■Brown, Genesis, IL 640-644. d List of Records, p. 132, No. 102. ' Brown, Genesis, II, 676, 679, 685, 733, 760. •/ List of Records, p. 126, No. 49. UNDER SIR THOMAS SUYTHE 25 pelled against its will to submit to the treatment of its plantation a3 a penal colony by James I in his spasmodic efforts to develop a policy which should save England from an ovei'population 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 contemporaiy 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 b\' 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 authoritj'. The first one mentioned was a "bookeof perticulers'' con- taining the "Public workes: done in S'' T. Smithes tyme", and showing "the plenty of Armes &c left in S'' Th. Smithes tyme"; the second was a "pticular already deliuered to the Com''." in which appeared the "Staple Cofflodityes raysed in S"' T. Smithes tyme"; while the third formed a "coUeC of the publiq, workes made by S"' Sa. Argall w'" he [comenset]" and was entitled "The pticulars of the Boates". Rich mentions two documents contained in this volume. He states "There is a eeries of 14 orders of the Privy Council for the transpoitation of prisoner.-) 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 tlu- Engliih Poor Relief, pp. 229-230, n. bThia 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 tre." In his notes for discussion Kich 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. 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 companj' b}' 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, onl}' 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 unofiicial, 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 fi'om records of English towns, as also from adventui-es sealed to individuals by the Virginia Compan}', 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 the}' 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 Beries of rough notes of he.idw antl references to prove charges of mismanagement by the Sandys faction. It is in the handwriting of Sir N. Rich. List of Records, p. 167, No. 438. !> Brown, Genesis, I, 465-469. f For an act providing for such a compilation see the record of the court, Dec. 15, 1619. ^ List of Records, p. 127, No. 58. UNDER SIR THOMAS SMYTEE 27 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 bod}' 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 thi'ow light on the aims, motives, and unsuccessful efforts of the company and on the struggles and difEculties 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, "List of Records, Nos. 59, 60. Also Brown, Genesis, II, 772. ^ Ibid., No. 76. This is among the Ferrar papers of Magdalene College, Cambridge. cllnd., No. 108. 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 BT THE CXDMPANY 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.* 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 " Instruccons, orders, and constitucons to Sir Thomas Gates," "^ in May, 1609, and a similar document given to "Sir Thos. West Knight LorLawarr"** in 1609 or 1610 comes a revelation of the motives of the adventurers, as well as of the polic}' 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 polic}' 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 "Scattering information of such a character concerning this period appears in the discussions and quarrels recorded in the later court books. 6 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. cThis manuscript is in the Bodleian Library, Oxford, Ashmolean Manuscripln, 1147, folios 175-190*. It was discovered by the Editor in October, 1903. See also List of Records, p. 122, No. 10. ''Ashmolean Manuscripts, 1147, folios 191-205". See also List of Records, p. 122, No. 11. UNDER SIB TBOMAS SMYTH E 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 colon}', but the plan was as 3'et 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, IdlO,""^ these orders and commissions are the onh' 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, IBIS."* Otherwise, the whole course of the activity of the company under Sir Thomas Sraythe was in strong contrast with the work of Sir Edwin Sandys. It was a con- «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. Ihid., No. 9. 6 The commission bears the date February 28, 1610. It is printed in full in Brown, Gmesit. I, 376-384. c Printed in full in Brown, Oenesis, I, 384-386. '' 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 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 paj'ment 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 b}' individuals, by the various London companies, and b3' the towns of England are given in a series of requests for adventure and in bills of adventure" issued b}' 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 bj' each,' the official records reveal but little as to the sums which must have been received by the company. In a similar manner there are unauthentic records of economic value concerning the lotteries and the importation of tobacco. Of the latter a few receipts and mem- oranda among the papers of Lord Sackville.'" and the Earl De La WarrJ' are positively "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. clbid., Nos. 21,22, 25, 27, 31. d Printed in Brown, Genesis, I, 461-2, 463-5. 'The list is printed in full in Brown, Genesis, I, 465-9. / List of Records, p. 127, No. 59. 9 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. DNDER HIR THOMAS SMYTHB 31 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 Compan}- to the mayor and aldermen of Ipswich * is to the same eflFect, 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 monej's 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'' 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 di-awing 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- « Brown, Genesis, II, 760-766. For unpublished letters, see List of Records, p. 124, Nos. 32, 33, 34. blbid., No. 71. clbid., No. 28. <* 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. 'These are all reprinted in Brown, Oenem, I, (1) 248-249, (2) 364-356, (3) 439, (4)445, (5) 469-470. /Brown, Oenesis, I, 608, 761-765. 16465— VOL 1—06 3 32 IKTRODVOTION 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 compan}' had continuailj' to meet.* But of far gi-eater 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 colon}-, which were published by the company.'' They are nine in number, and bear the following titles and dates: (1) J^ova Britannia. London, 1609. (2) Virginia richly valued. London, April 15, 1609. (3) A True and sijwere declaration of the purpose and end^ of the Plantatim^, "by the authority of the Governor and Councellors of the Plantation." London, 1610. [December 1-1, 1609.] (4) Newesfrom Virginia — a poem. 1610. (5) A True declaration of the estate of the colony of Vi/rginiFor full citation of these abstracts of about twenty documents, see Ibid., Nos. 40, 42^8, 50- 52, 55-57, 64, 65, 67, 74, 75. <^ Reprinted in the Virginia Historical Register, I. ''(I) Sir Samuell Argall to Nicholas Hawes, June, ;i613; (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) 500-601; 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.« The other series of documents, which illustrate the legal forms and methods of the company, as also the way in which the tirst 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. id. VII. — SUPPLEMENTABY CONTEMPOKARY CORRESPONDENCE AND RECORDS In addition to the documents which are either ofiicial 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 aflfairs of the company or gives additional or corroborative data. All of this which is earlier in date than 1616 has been published by Alexander Brown. There are seven letters, the dates of which fall between 1616 and 1619, that are of the same character; but they add nothing in fact to the other documents, although two of them reveal the measures taken even at this early date to impress youths and maidens for Virginia and to send reprieved prisoners to the colony."^ 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. TheChamberlain-Carleton, Digby-Salisbury, Cottington-Salisbury, and Lee- Wilson correspondence add occa- « For these documents see List of Records, p. 129, Nos. 77, 82, 98, 99. ^Ibid., No. 76. olbid., Nos. 84, 85, 88, 89, 96. 38 lyTRODVCTION sional data and serve to fix dates and facts which are known from other sources." Of similar value are the chronicles of Howes, Abbot's Geography, Smith's Map of England and his General Histor\', the Commons Journal, the writings of Sir Fer- dinando Gorges, and other material which emanated from the Plymouth adventurers." o See Brown, Gmem, "Table of Contents." 3. ®l|? ainlbrttnna at BamxnmtB, lfilB-lfia4 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 proprietarj' 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 seiTes as a part of the records of the oSee documents under Class I in the List of Records. ''For this statement, as also for a full understanding of the character of the company, see Osgooii, The American Colonies in the Seventeenth Century, I, 61. 'Grouped under Class II in the List of Records. For the contents of this volume see the List of Records. c Hening, fitatutes, I, 223, 224-238. <* 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 tlie 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 Hintorical 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 trith 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 Librar}% and the Magdalene College Library, Cambridge. In the Public Record Ofhce all docquet notices on Virginia, all records of suits in chancery and the admiralty pertaining to Virginia, and the qiio vjai^anto 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 Appendi.x of the eighth report of the Royal Commission on Historical Ma7iuscnpts, or is printed elsewhere in full." The collection of publications by the companj' belonging to the Library of Congress is fairly good. It contains twelve of those which were issued before 1616, but of the later books it has only three. The Declaration of 1620, the Declaration by Waterhouse in 1622, and John Donne's Sermon of the same year, in addition to Smith's General History, are the only ones of the eighteen now extant which are in the Library. DOCUMENTS IN RICHMOND The colonial records in Richmond, Virginia, relating to the period of the company are extremely few in number. Fortunately^ the original documents, which are in the Library of Congress, were borrowed or abstracted from the state house in time to save them from destruction during the Revolution or by tire 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 Cla}' bourne, 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 librar}' has three sets of transcripts and one set of abstracts from the British Public Record Office. Of the latter the De Jarnette papers, 1606-1691, include only a All of these papers are included in the Liat of Recorda. ''William G. Stanard, "The Virginia Archives" in the Report of the A7)ierican Historical Associa- tion, 190S, 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 Stutt 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 Yorli Library is to be found a unique set of documents relating to the settlement of Berkeley Hundred in ltil9, known as the Smyth of Niblev papers which "are from the collection of Virginia manuscripts originalh' 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 163-1:. 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."" 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 regime 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. "Quoted from the New York Public Library Bulletin (1897), I, 68, and (1899), III, 160. 6 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 copj' 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. "^ 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^ Qod he 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 Aj'er, 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. 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 compan}', the first is a broadside of May 17, 1620, which is the only cop}' known to the Editor. A catalogue of Bernard Quaritch, in n The other copy is in a private collection in New York. This library has also the first editions of the declaration of 1620; the treati.'ie 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 hoiv the monies were disposed, published in 1622; Edward Waterhouse's Declaration of tlie State of the Colony, 1622; John Donne's Sermon, 1622. b There is a manuscript copy of this sermon in the Library of Congress. <:"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 endently been trimmed and inserted. THE COLLECTIONS OF DOCUMENTS, 1616-1621, 67 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 iu the collection of printed broadsides of the Society of Antiquaries in London. The volumes of printed material relating to the Virginia Companj', which are in the Harvard Library, have been mentioned above. Two private collections deserve mention for their comparatively large number of important publications of the company, the private collection in New York and that of Mr. Edward Ayer, in Chicago, Illinois.* In addition to twenty other rare publications of the company Mr. Ayer has a unique book entitled "Greevovs Grones for the Poore," 162L 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.'' «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. 6 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 Inde.x under "Ayer, Edward." "This tract is described in the Appendix of the Fifth Report of the Historical Manuscripta Commission, as follows: "A Declaration how the monies, viz., 70", 8s. 6d., were disposed, which was gathered (by Mr. Patrick Copland, preacher in the Royal James) at the Cape of Good Hope (toward the building of a free schoole in Virginia) of the gentlemen and mariners in the said ship; a list of whose names are under specified, &c. 4" 7 pp. Imprinted at London by F. K. 1622." 58 IXTRODVCTION TRANSCRIPTS IN THE NEW YORK PUBLIC LIBRARY Other attempts have been made to secure resources for reseai'ch 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 Librarj' of Congress within recent years, but half a century ago a similar interest was displa^'ed by collectors and historians in New York City, forming three collec- tions which are to-day in the Lenox Library. William H. Aspinwall, a merchant, secured among other papers the Chalmers collection of letters and documents relating t(j Virginia from 1606 to 1775. The}' 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 librar}", 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 PoUtical Annah." 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 Dudlej'-Carleton papers: (3) outlines of additional Council orders; (-1) 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 man}- 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 a See a statement by Victor H. Paltsita, April 14, 1896, inserted in the firat volume of these papers now in the Lenox. '' The documents transcribed in botli the Chalmers-Barlow and the Bancroft volumes are noted in the List of Records under "Remarks." THE COLLECTIONS OF DOCUMEyTS, 1616-162i 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 Magdeleue College, Cambridge. As the propert}' of Nicholas and John Ferrar, who were second only to Sir Edwin Sandys in their activit}'^ 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." The first knowledge of the Ferrar papers in later j^ears 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 liearing 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 tirst 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. n 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 IXTRODUCTIOTf 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 familj'. 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 Ofiice, and in the Library of Congress. Furthermore, the proof that Nicholas Ferrar himself supervised the transcript of the court book is thus gained. In this collection are twenty-three papers which are veritable records of the company. '^ Two documents give our only knowledge of the financial affairs of Smythe's Hundred, slight indeed, but from them comes additional information concerning the system of organization of the societies for private adventure. Sundry other unique though scattered documents are among these papers, such as receipts for money expended, showing the method of business, reports of committees, and of proceedings of the commissioners, revealing the bitterness of the factions, drafts or original records of certain courts, forming the only proof of the accuracy of the copies of the court books, and three new proceedings of the courts of the Somers Islands Company. One of the latter is evidently a blotter and reveals the methods used in keeping the court book. The quo warranto in English, which was served upon the treasurer and company, would have been of the greatest value had not the original record of the suit in the King's Bench just been discovered. Another document of great value is the receipt referred to above, which proves that a court book was regularly kept by the company from its very beginning. It reveals how much has been lost. The series, consisting of twenty letters from Sir Edwin Sandys to John Ferrar, shows more clearly than any other documents we possess * 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 «List of Records, Nos. 76, 138, 164, 258, 259, 303, 304, 394, 421, 423, 470, 479, 539, 541, 543, and the (JM> inarranto. ^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 COLLiECTIOyf! OF DOCVMEXTfi, 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. 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 insufiicient 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 thev diflFei 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 hopas of the colony, while Governor Yeardlej' 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 fi-om 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 Ofiicc, London. Rot>ert, Earl of Warwick, and his cousin, Sir Nathaniel Rich, were both members of the companv. "For these letters, see List of Records, Nos. 93, 94, 115, 119, 134, 153, 156, 158, 166, 173, 179. ISO, 235, 238, 239, 241, 243-250, 262-255, 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 Wortlej, 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, M'hich 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. Henrj' Montague, Viscount Mandeville and later Earl of Manchester, was at one time lord president of the Privy Council. Therefore many of the Manchester papers ma}' have belonged to him. The autographs, however, identify those which concern the Virginia Company as having belonged to Nathaniel Rich. The Manchester and the Ferrar papers therefore present the two sides of this conflict, not in open court or even in private contest, but in the private documents and memoranda of the leaders. The collections are of about the same size, there being sixty-six papers in the Manchester series, to seventy -eight in the Ferrar group. These, also, are unbound, but since the greater part are rough notes of documents, or drafts of propositions or speeches, thej' are much more diflScult 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 compan\-, 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 copj^ 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 « These Manchester papers are calendared by the Royal Commission on Historical Manuscripts, Report VIII, Part 2. »List of Records, p. 140, No. 170. THE COLLECTIONS OF DOCUMEVTS, 1616-162J, 63 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." B'ive or six rough drafts of pi'opositions 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 companj' 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 companj-. 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 onlv earlier but later officials considered papers of record private property.'' Thus some of the Salis- " List of Records, No. 438. ''A letter from Sir Kdwin 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. Hi455— VOL 1— Oa 5 64 INTRODVCTIOy 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, 1023, 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 thej' refer incidentally to the affairs of the company. Such are the Mandeville-Conway, Middlesex-Conway, Chamberlain- Carleton, Conway-Calvert, and Nethersole-Carleton letters. EECORDS 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 vi^. Roberts; while the fragment of the record of the Earl of Warwick vs. Edward Bruister "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 COLLECTION'S OF DOCVME^'TH, 1616-162/, 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 Yeardlej^ 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 discu.ssion of those documents." But the chancery files, which have furnished the records of suits h\ 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 Puhlic Recm'd 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 I'olls' or the 'memoranda rolls' accordingly."'" The statement in the court book of the companj^ 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, OR. G. Marsden, "Records of the Admiralty Court" in the Tranmctim\» 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. ": 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. PKIVY COUNCIL REGI8TEK Since the Privy Council took no direct part in the affairs of the company between 1617 and the sunmier 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 jjower to the company as the proprietor. Thus fully one- half of its thii'ty 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 conmienced 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 foi'eign and external relations the company was of course subject to the action of the Pi'iv}' Council, and hence the orders in council concerned the contest with Spain over the attack of the Treasure)'. Furthermore, the disagreement with the northern colon}' 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 162-1 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, 1616-162.', 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." BRITISH MUSEUM The collection of manuscripts from which the most valuable returns might be expected is in the British Museum. The documents there deposited are small in number but they are of great value, and none of them have heretofore been printed. The originals of the precedents for patents of the Virginia Company, which are now noted for the first time, evidently formed a part of the records of the company, and it may be that thej' are some of the copies of the records made under the super\asion 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 CoUingwood. 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 hundi'ed persons, those who established a private plantation, those who were private planters, and those whose "shares exceedinge 50 acf are exempted from payinge any Rent to y° 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 "The clerk's oflSce 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., 14385. 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 & Eeuenue w"" 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 fl)' leaf in the upper right-hand corner is the inscription: ''The gift of M'' Dan' Prince, Bookseller. Oxford — Julj* 23* 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 Caesar, 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 w"" out makings 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 Inirneinge all their Townes in wynter." Bj- this means and by gaining a store of grain for two years' suppl}^ 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 Ma"": 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 heretofoi'e been generally known may be due to an error in the catalogue. They appear under the name "Tho. Martin" instead of "Jho. Martin."" "List of Records, Nos. 378, 384, 385. TBE COLLECTIONS OF DOCUMENTS, 1616-16U 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 roj'al 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 Caesar are to be found the propo- sitions of Martin, of Bargrave, and the document by which the commission was finally appointed in 1624, to establish the government in Virginia under royal control. Sir Julius Caesar, 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 Januarv 16, 1610'll, and one of the keepers of the great seal on May 3, 1621. His position evidently enabled him to secure a large collection of valuable drafts of documents. This was sold at auction in 1757. One-third of the collection was purchased by the Earl of Shelburne (Lord Lansdowne) from Webb and came to the Museum among the Lansdowne papers. Two collections of printed material of the company are to be found in England, the British Museum and the Society of Antiquaries. While the British Museum has a large number of the earlier publications, it possesses only the declaration of June 22, 1620, and also the unique note of shipping of 1620, the only other copy of which is owned by the Society' of Antiquaries. The collection of that society is rich in royal proclamations, besides possessing a copy of the Note of Shipping, 1621, and of the Inconveniences of 1622. The scattering documents to be found in private collections throughout England are often valuable, but nowhere else is to be found any considerable number of papers or any that are of great importance.* a, List of Records, Nos. 604 and 733. 6 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 Tramact\y 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." The reward for services rendered by the ofl3cers 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 "■Cmirt 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. i>Ibid., I, Jan. 31, 1619/20. elbid., II, Dec. 11, 1622; Jan. 14, 1623; Feb. 4, 1622/23; Dec. 11, 1622. dJbid., I, June 28, 1620; November 15, 1620; May 2, 1621. VNDER TEE SANDYS-BOVTHAMPTOy ADMmiSTRATIOy 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 yeai's' 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 ti-ans poi'tation 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 pei'son 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.* 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 oflicers or coumiittees, or by special committees. According to the "Orders and Constitutions" it kept ""Orders and Constitutions:" List of Records, No. 183. Court Book, 1, May •>, 1621; June 28, 1620; Nov. 15, 1620. blbid., 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 bj' 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 presei'ved 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 I'ecords kept by the company. " 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 8ANDY8-80VTHAMPT0y ADMINISTRATIOy 77 The books which the courts added to the list of records from time to time reveal an increasinj^ 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 per.sons 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 maybe 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, "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, Noa. 25S, 259. « Court Book, II, Nov. 18, 1622. dAnte, p. 67. "Order of Court," I, June 26, 1620. 'Court Book, I, Dec. 13, 1620; Jan. 31, 1620,21. 78 mTBODUCTION with the action thereupon," 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.'' 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 certiticates, 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.* THE EXTANT RECORDS— THE COURT BOOK HISTOKT OF THE CONTEMPORARY COPT 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 sundrj' 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 immediatel}' 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." s' a Court Book, II, Oct. 23, 1622. iJUd., II, Nov. 18, 1622; Nov. 20, 1622. clbid., I, May 8, 1622; II, July 4, 1623. Mr. Si)offord was the Librarian of Congres.s from 1864 to 1897. Mr. Friedeuwalil 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 i.s: " p. 366 cf with p. 71 v 3," " and on the first manila leaf: " May 20, 1622 / to ; June 7, 162i." 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. ■■ 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 a The letter on page 366 is identical with that on page 71 of the fragile seventeenth century papers referred to above as Vol. Ill, pt. ii, of the Records of the Virginia Company. ii For examples of the autograph of Nicholas Ferrar and of that of his assistant, Thomas Collett (7), see the plates in this volume. (■For the documents thus inserted in the Court Book see List of Records under "Keference." For an illustration of the insertion of the documents see the plates in this volume. UNDER rniC HAXDYS-SOVTHAMPTOX ADM IMHTUATIO'S 83 in the memorandum of volume II that in two instances the letters had been mLssing for purpose of collation. Many pages reveal the corrections of errors or omissions of the copyist. In most instances this was done by Edward CoUingwood himself, though sometimes b}' Thomas Collett." At the bottom of each page is the signature "Cone Collingwood," the abbreviation standing for concordat, as is shown b\' the word appearing as "Concord:" on page three hundred and fifteen of the tirst volume.* In addition to this internal evidence of accurac}', 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 diti'erences, 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. Tliis is shown by the use of larger letters to emphasize certain words, and by Edward Collingwood's corrections of the Library of Congress copj^ 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 b}- the sixth copyist of the transcript. Among the Ferrar papers are two drafts of a resolution concerning the "LoTfer 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 b\- 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 b\- 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- «For the evidence that the correction,s are by Edward Collingwood, compare the autographs as shown in the plates of Vol. II, post. 6 Signatures of Edward Collingwood may also be found in the Public Record Otiice among the Stale 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 Collfctiom, Series 4, Vol. II, p. 163. cComparethe 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 di'afts 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 liy 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 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 w"" should warrant the sd Record', and the Blurr bookes w''" 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 Somei's 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 bod}' 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 tlie "Court Book," post, I, II. 0 Court Book, I, Dec. 11, 1622. ''List of Records, No. 465. UNDER THE HAXDYIi~,SOVTHAMPTON ADMINIHTRATION 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 bv 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 Sandj's administration concerned the establishment of laws and orders in the company and in the colon}-, 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 (juarrels, 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 destroj'ed. 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 hook 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 (inancial 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 "Oi'ders 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 colonj', copies of many of which have been found among the papers in Virginia, but (if teen 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 "The terms in general are given in the Presidents for PatenU in the British Museum. List of Enoords, Nos. 256, 257. 266, 267, 268, 276, 277, and 278. UNDER THE HAKUYH-HOVTHAMPTOy ADM IN I ST RAT ION 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 compan}'. There are thirteen documents entered in the court book which are on record elsewhere, consisting of declarations or I'eports 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 bj' the company, a number of letters from and to the colonj^ 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 thi'ougli them the machinery by which it conducted its internal affairs; but there is a wider and more important tield to consider. The real interest in the company comes from its activity in carrying on trade and in developing the re:50urces 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 bo 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, contidcnce, 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 oAU 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 lyTRODVCTION by the company for the college land and for the public land during the 8Uinmer and continue.s 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 rapidlj' 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 polic}' and status of the colony. The income of the lottery is estimated at i;3,500, and the total expense of perfecting the plan submitted is placed at £-lr,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 colon}- from April, 1618, to April, 1019, taken from a general letter to the company, and then proceeds to outline the successful activity of the colony during the succeeding j-ear. It empha- sizes the erection of private plantations, the number of men sent to the company's land, the commodities provided for — there being ten instead of two as in the former year — the interest in the care of religion and education in the colony, and the stable financial condition of the company. The general receipts amounted to £9,831 14s lid and the disl)ursements were £10,431 14s Old. but the surplus in the college fund more than exceeded this deficiency, the receipts from that source being £2,043 02s ll^d and the expenditures £1,477 15s 5d. The lottery was reported to have an increase in stock over the previous year of £1,200. Although not re-elected treasurer, the financial management remained in the hands of Sir Edwin Sandys, as is proved b}' the entries of his plans in the court book and })y 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 warninfj. While the company was torn by dissension, after l(>2ii 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 thej- were maturing. The various publications of the company afford not only an understanding of the measui-es proposed, but also of their execution. Thej^ were in themselves a means of carrying out its schemes. Before 1622 five of these advertisements were issued by the companj'. The broadside bearing the date May 17, 1620, is a full statement of the prosperous condition in the colony, setting forth the abilitj- of the colony to receive newcomers in its guest houses, newly built in each of the four ancient boroughs and in the other plantations, and describing the measures provided to sus- tain ministers in each borough. It states the number of men who had been sent to the public land, with the provisions allowed, and describes fully the efforts which had been made to establish six industries in the colony." A 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 flrst 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 Librarv (copy "A"). The copies in the British Museum, the Cambridge University Library j** 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. bJbid., No. 183. <; The pamphlet must have been printed in 1616. An imperfect copy is in the British Museum. <* This copy is evidently imperfect, since it lacks pages 91 and 92. 90 INTRODUCTION declaration, " Bj' his Maiesties Councell for Virginia," dated November 15, 1620." Tiie 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 Vii'ginia in this yeare 1620. 18 Julij, 1620." (4) "The Names of the Aduenturers, with their seuerall summes aduentured * * * paid to Sir Thos. Smith," to "Sir Baptist Hicks," and to "Sir Edwin Sandys." (5) "Orders And Constitutions, * * * for the better gouerning * * * of the said Companie * * * Anno 1619, and 1620." Some light is thrown upon these publications b}' 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.' (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 memVjers 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 j'ear 1620 indicates the interest which Sir Edwin Sandys had aroused in the measure, as well as "Thia is copy No. 3 in the New York Public Library. The copy in the private Hbrary is evidently the Smyth of Nibley volume, secured from the Cholmondely papers through Bernard Quaritch. 6 Such a list of adventurers is among the Manchester papers. List of Records, No. 58. UNDER THE SANDYH-fiOVTHAMPTON 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 " Ohservations to he foUoimd for making of fit roomes for silk wori^nes^^ written by Banoeil, was translated under the patronage of the company toward the end of the year 1(520." 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 varioas 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 -iun 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, hy the Natiue hifi, dells 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 Librar}', entitled "Virginia Inconveniences,""^ which was published separately and Avas 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 " 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 comni0i.litie8 prochiced in Vir};inia. List of Records, p. LS8, Nog. 150, 151. '' List of Records, p. 152, No. 293. c77)iU. 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 encourageiueiit 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."'' 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/ 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 companj'^ 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 -i, 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 1021 three other proposed publications failed to be executed, so far as is known, the tirst 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, «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'g Ood be Thanked, by Patrick Copland, 1622, and one by John Donne. See List of Records, Nos. 312, 375. 6 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 tc the company. List of Records, No. 291. c List of Records, No. 289. <1 Cmirt Book, II, November 20, 1622. f/ftjU, I, April 12, 1621. f Thid., I, July 18, 1620. 'J Ibid., I, February 22, 1620/21. UNDER THE SANDYB-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 REVKALING THE MOVEMENTS FOR TRADE AND INDUSTRY The printed advertisements between 1619 and 1621 were successful in .securing the capital with which to carry on the enterprise. It now remains to discover how the trade was conducted and controlled, how the plantation was developed and governed, and how the business was finally destroyed. The income which enabled the company to provide for new industries in 16iy and 1620 was derived from the £12 10s. paid by each new adventurer for each new share of stock, and fi'om 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.'' Tims 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 S, 1620,21; and a few letters solicting investments.'' The investments b}' the company during the period of the lotteries followed three lines — the old magazine, the planting of the public and the college lands in "Court Book, I, April 12, June 11, 13, 1621. bibid., I, November 19, 21, 1621; Marcli 13, 1621/22. clhid., I, July 7, 1619. 'Ilhid., I, June 24, 1619; January 12, 1619/20. 'Lisl. oi Kei'ui-iia, Nos. 28, 29, 71, 78. 94 INTRODUCTION Virginia, and the erection of industries for the production of certain commodities. The court book is the onlv 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 I'eports 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 f I'om 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, b}' which a joint stock of £15,000 was to be raised to carry out what is known as the " Somerscales plan." The overthrow of the lotteries carried consternation to the company. An income was essential with which to send out settlers to develop the soil or to create new industries, but the general stock was so low that the company could not even carrj' 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 companj' was forced to discover means for securing returns from the general investment and an income with a Cmirt Hook, I, June 24, 28, July 7, 13, November 3, Deeembi-r 15, 1619. bibid., December 23, 1019; January 12, February 2, 1619/20; July 3, 1622. UNDER TBE SANDYS-SOUTHAMPTON ADMINISTRATION 96 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 suiBcient 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 th6 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 "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. 6 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 Re<'ords. Among the forms for patents in the British Museum is that granted to Martin's Hundred: List of Records, No. 323. 16465— VOL 1—06 7 96 INTRODUCTION iu 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 162-i, 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 variet}^ 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 companj' 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 tenant-s, 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 Yeardlej% as recorded in the court book iu 1619, give evidence that the source of such development was in the colon\'. But the fundamental law for the government of the colony is recorded in three documents, the instructions to Gov- ernor Yeardley, November 8, 1618, which created the land system, the instructions to Governor Wyatt, July 24, 1621, which emphasized the industrial development, and " An Ordinance and Constitution * * * for a Councill of State and Generall Assembly"' in Virginia, which confirmed the political forms. These documents provided for the creation of two councils. The council of state, composed of the governor and council, was to form an executive and a List of Records, 60, 102, 147, 184, 185, 59, 263, 287, 448, 392, 396, 410, 413, 411, 414, 424, 426, 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, pout, Vol. II, under "Tobacco." ''Liet of Records, No. 40, ff. c Court Book, I, April 3, May 15, 17, 1620. See also Bruce, Ecoiwmic History of Virginia. VNDER THE 8ANDYS-80VTHAMPT0N 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 bj' which the government of the private plantations was delegated to a private body, form the basis for a studj- of the local systems. The records of Smythe's, Martin's, and Berkeley Hundred referred to above, the correspondence of Samuel Argall with Bernmda 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. 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 lai'ge 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 colon}' 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 the}' present of their efforts, ambitions, and attainments. The pri- "List of Records, Nos. 72, 260, 261. I> 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. dList 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 hLs 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 Sandy s-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 vohune 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 j'ears 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 b\' the governor is a series of twenty-four commissions and warrants issued to individuals to act as commanders of cities and hundreds, to cari-j' 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 "For a citation of these letters in the List of Records, see the Index under "Letters." ^Post, VoL II, Index under "College," "Education," "Ministers." UNDER THE 8ANDT8-80VTHAMPT0N 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, aud 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] w"" other orders of the Councell," found among the Ferrar papers.* The "coui'te 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 i n 1619, written b}^ John Pory and sent to England, the only other account of which wa.s 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. DOCUMENTS CONCERNING THE DEVELOPMENT OF FACTIONS AND THE DISSOLUTION OP THE COMPANY A series of documents remains which does not bear directly on the organization of the compauj' 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 coi-pora- 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 "For citation of these documents in the List of Records, see thi." Index under "Warrants," "Commissions," "Proclamations," "Orders." ''List of Records, Nos. 138, 139. nbid., Nos. 240, 521, 645. iilbid., Nos. 116, 154. 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 measui'es which thus arose with regard to individuals are to be found chiefly in the court book. Thej' supph' much information which can not be obtained elsewhere with regard to the methods of procedure of the company, and aft'ord 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 colon}', 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 aflairs 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." 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 "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 the}' relate to concealment of the suflFerings 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 nmst 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 Sand3's 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 coi-pora- 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. Supplementtiry to these records in the court book are the orders of the Privy Council affecting all of these " 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 ttie letters iu the Man- chester papers. 102 INTRODUCTION problems. One of the most important documents, however, has not been found, since the eflforts 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, 162021. 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 oflBce 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 qiw 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 I'egister. 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. Exchecjuer, 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, Augu-nt. (1624.) 7 Charles I. February, March, October-December. (1631.) 9 Charles I. August, (1633.) 14 Charles I. August, September. (1638.) 16 Charles I. April. (1640.) i> 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 Recorda, No8. 394, 543. UNDER THE 8ANDYS-S0VTHAMPT0N ADMINISTRATION 103 directions to the commisHioners 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 (jito 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 companj', 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 usui-pa- tion of said privileges." The writ of quo wa-rimnto 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 8t. 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 Piaster (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 Compan}' kept and to afford a guide to the exhiut 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 eai'ly 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 companj' 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 emplo3-ed 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 policv 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-SOVTBAMPTON 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, cultiv^ating silkworms, and making potash, clapboards, salt, wines, and glass. When engineers for constructing fortitications 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 opportimity 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 emploj'ing a deputy and a director, of the salaries paid in the East India Company, and of the liberty of trade enjoyed by the Muscovj' 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 proprietarv 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. It was in Jul}', 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.'' 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 colon J' 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. On April 17 a committee headed by Lord Cavendish was summoned before the Privjf Council to defend the Virginia Company against the "grievances of Planters and Adventurers." As a result, the first blow was struck at the liberty "That the Virginia Company had a large number of reconis 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 granis, 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. ■•/5id., No. 401. rf/fcid, Nos. 388,395. 107 108 INTRODVCTIOy 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 companj' 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 CoUingwood 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 Maj' 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 bluri'ed 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 paily 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 Conmiission" were to be " immediatel3' delivered to ye Commissioners by them o List of Records, No. 487. Printed in full in Le Froy, 1, 289-290. * List of Records, Nos. 476 and 478. «See Orders in CJoiincil, cited in Ibid., Nos. 606 and 610. FATE OF THE ORIOINAL RECORDS 109 to be broken open, perused or otherwise disposed [of] as they shall find cause."" 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 bj' 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 afl'airs at that time, and into whose hands and private possession might have come papers belonging to the company, were John Harvej', 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'''' or elswhcr, shalbe fwthw'" 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, " List of Records, No. 513. l> Ibid., No 580. «For the order in council creating this commission, see Ibid., No. 499. aibid., No. 647. «Ibid., No. 593. 110 I^RODVCTION 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 companj' 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 Merr}-, in which he was requested to preserve all papers in the po.ssession 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.*^ 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 1.^, 1624, by which the Virginia Company was to be supplanted and the first royal prov'ince 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 o For the order in council creating tliis commission, see List of Records, No. 608. 6 List of Records, No. 683. "Tbid., No. 689. c Ibid., ^o. 687. f/tid., No. 701. FATE OF THE ORIOInXl 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 bj- the members of the commissioners," seems to indicate that the thcor}' of their destruction l)y the Crown is not tenable. There are two theories which seem much more likely. It may be that they passed linally 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 1G34.'' 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 conmiission. After 1624 the papers, letters, and instructions were all issued by the council, the commissions to the councillors and to o List of Records, No. 702. bibid., No. 689. c A letter to the Earl of Warwick dated November 16, 1624, bears the signaturea of the council for Virginia as follows: Sir Thomas Smith, Ferdinando Gorges, John ^Volstenholme, 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 ia a portion only of the council of July 15 or a new organization is uncertain. Ibid., No. 738. ''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 Wolatenholme, 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 Culonial Pirpers, 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; Richanl Earl of Tortland, 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 Heniy 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, Abraliam Cartwright, Richard Edwards, John Dyke, Anthony Aldy, William Palmer, Edward Ditchfield, George Mole, and Richard Morer." 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 ofiice refutes that theory.'' 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 diflicult by the transfer of papers from one branch of a family to another, necessitating « Virginia Magazine of History, VII, 40. bAnte, pp. 25, 63. 'DocumenU relating to the History of the Public Record Office, in the Record Office. FATE OP 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 i-olls, 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 impoilant 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 "The search for the records has not only been conducted along these lines, hut 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 SackviUe, Earl of Dorset, are seen to have been vitally connected with the conipanj- and the settle- ment of its affairs. Two other connections of this family may have brought together collections which might contain Virginia papers. Richard SackviUe, 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 regime of the compan}' and figures prominently as the individual who conducted the quo warranto suit against the Virginia Company. Furthermore, Lionel SackviUe West is the direct descendant of Lord De La Warr, of Virginia fame. The combination of the four houses of Killigrew, SackviUe, 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 SackviUe as to other material in his posses- sion elicited the ve])\y from Lionel SackviUe West that Lord SackviUe 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 tlie Sandys-Southampton administration of the Virginia Company, he held the position of attorney-general. On November 1, 1025, 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 manj^ of Lord Keeper Coventr3''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 Loid Keeper Coventrj^ 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 sa}' 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 paper.s at Hatfield House, now being calendared, iiave no Ijcarinfj on the subject in hand. By tracing the family connections of the descendants of Sir Thomas Smytho 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 Smj'the 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 Sj^dney Smythe, daughter of Robert, second Earl of Leicester. The Wriothcsley 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 Tichtield estate. 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 discover}' 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 wliich 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 compai-atively 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 posteritj'. 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. "AiUe, p. 55. LIST OF RECORDS 117 Hist 0f S^rnr&s 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 GenesU of the United States. The object in compiling the list has been to give to the student of liistory the necessary information concerning each document in as convenient form as pos^sible 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 bo 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 .'in 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, Re/., 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. AVherever 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 tliose abbreviations have been ijlaced 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, receipt^, 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 uonmembers of the company. 11!) ^gmbflls 3lttlitratmg Slnratuin of iorumrntH ANT. Society of Antiquaries, London. NEWB. Library of Ed. E. Ayer in the New- BEL. Collection of the Earl of Rutland, berry Library, Chicago. Belvoir Castle. NY. New York Public Library. BM. British Museum, England. [NY] Transcript in New York Public Li- BOD. Bodleian Library, Oxford. brary. CAMB. Cambridge University Library, Eng- P. Imperial Library, Paris. land. PC. Privy Council, London. CHILD. Collection of J. Eliot Hodgkin, Child- PEQ. Pequot Library, Connecticut. well, Richmond, Surrey. PET. Collection of Lord Leconfield, Petworth 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- Q. Queens College, Oxford. chusetts. R. Archives of Jesus, Rome. HL. Repository of the House of Lords, READ. Borough of Reading, England London. SHER. Sherbourne Castle, County Dorset. IPS. Ipswich, England. SUE. Collection of W. W. Molyneux, Suf- JOB. John Carter Brown Library, Provi- folk County, England. dence, R. I. SYON. Collection of Duke of Northumber- KP. Collection of Lord Sackville, Knole land, Syon House, England. Park, County Kent. VHS. Virginia Historical Society, Rich- LAMB. Lambeth Palace Library, London. mond, Virginia. LEI. Leicester, England. WELB. Collection of Duke of Portland, Wel- LC. Library of Congress, Washington, D. C. beck Abbey. [LC] Transcript in Library of Congress, WOD. Collection of Edmund R. Wodehouse, Washington, D. C. esq., England. MC. Magdalene College, Cambridge, Eng- WYC. Borough of Wycombe, England. land. YAR. 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. Kept. Feport. Hist. Historical, History. Soc. Society. Lib. L. S. Library. Letter signed. 120 *Document will be published in this series. 1600-1608] LIST OF TUE RECORDS 121 1600 BEFOBE 1609 1.* Beasons 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 Ma"»." BM. [LC] VI. HeJ: Lansdowne, Caesar Papers, 156, fo. 58. Thu date is in the index in the writing of the century. The names mentioned in the doeu- ment prove that it was as early as 1612, the date when tobacco was first planted in Virginia. 1606/7 1608/7, FEBHUARY le-ieOT/B, FEBRUAKY 4 3. Payments for apparel and tobacco for Mr. George Percy sent to him in Virginia. SYON. VI. liej: Rolls of the Duke of Northumberland. Puh: Calendar; Hist. MSS. Com., Sixth RepoH, 229a. 1607/8 1607/8. PEBBUAST 8-1608/9, FEBHUARY 3 4. Payments for Mr. Geo. Percy for necessities for building a house in Virginia and for trinkets. VI. Sef: Rolls of the Duke of Northumberland. SYON. Pub: Calendar: Hist. MSS. Com., Sixth Report, 229a. 1607 6.* King and Privy Council. Oaths of supremacy and allegiance administered to colonists. I. Ref: MS. Rec. Virginia Co., Vol. Ill, pt. i, pp. 20, 20». LC. 6.* . Oath of the Secretary of the Colony administered by Governor and Council in Virginia. I. Ref: MS. Rec. Virginia Co., Vol. Ill, 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 sufhciently providing the passengers. Complaint, answer, and judgment. PRO. [LC] HI. Ref: Admiralty, Instance and Prize, Libels 73, Nos. 274, 279. This suit concerns the northern colony for Virginia. HAT 28 8. Ralph, IiOrdEure. A letter to Sir Robert Harley, stating that Captain Newjiort has brought over Captain Wingfield, accused of some treachery, but not vet tried. WELB. 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 Conprcss. I. H. m, etc., represent the class of document. 122 INTRODUCTION [1609-1611 1609 9.* Virginia Council (P). General instructions to the lieutenant governor of Virginia. Copy of the sixth article. BM. III. Ref: MSS. of the Marquis of Lansdowne, Vol. 58. Pub: Calendar: Hist. MSS. Com., Fifth Report, 226. MAY 10.* Virginia Council. " Instruccons, orders, and constitucons . . . to S' Thomas Gates knight Governo' of Virginia . . . by va his MaiestiesCouncell for [Virginia.]" BOD. [LC] ni. Ref: Ashmolean MSS., 1147, fos. 175-190a. A contemporary copy. 1609 (?)/lO 11.* Virginia Council. "Instructions, orders, and constitucons ... to S' Thomas West knight Lo: La Warr, . . . by vs his Mat''^^' Councell for the Conipanie of adventurers . . . [for Virginia]." BOD. [LC] in. Ref: Ashmolean MSS., 1147, fos. 191-20oa. A contemporary copy. 1609-12 (?) 12.* G[eorge] P[ercy]. "A trew relation of the proceedings and occurents of momente which have ha])pened in Virginia from S' Thomas Gates — 1609 to my departure, A. D. 1002 [1612]." ' ' PET. IV. Ref: MSS. of Lord Leconfield, No. SI, 4th to 17th century, vellum, p. 1. Pub: Catalogue: Hist. MSS. Com., Sivth Report, 307. 1609 10 1609/10, FEBETJAKY 7-ieiOill. FEBKT7ARY 6 13. Payments for tobacco for the Earl and Lord Percy and for George Percy in Virginia. VI. Rrf: ]\ISS. of the Duke of Northumberland. SYON. Pub: Calendar: Hist. MSS. Com., Sixth Report, 229b. 1610 NOVEMBER 18 14.* George Yeardley. A letter to S' Henry Peyton, stating tliat the country needs only "round and free support of men and money." BOD. [LC] VI. Ref: Eug. Hibt. MSS., c. 4, new No., MS. 29724, fo. 3. 161011 MARCH 4 15. Town of Ipswicli. Order for "adventuring out of the towne treasure one hundred pounds . . . in the voyage to Virginia." IPS. VII. Ref: Ext. from General Court Books, 4 March, 8 James I. J'ub: Calendar: Hist. MSS. Com., Ninth Report, pt. 1, p. 256. 1611 (?) 16. Virginia Council. A letter " to S' Raphe Winwood, Ambassador," requesting adventurers in the Ni'thcrlands, and telling of the prosperous condition of the Colony. MONT. III. Ref: Duke of Buccleuch and Queensberry MSS., Winwood Papers. Piib: Full calendar: Hist. MSS. Com., Report on above, Vol. I (1899), p. 103. 1611-1613] /./.S'7' OF THE RFA'ORDR 123 1611 APRIL 17. Sir Thomas Smjrthe. A Iftter to H' Kaplie Winwood, Ai)iba.s.sador, acknowledging £72 from aliDve request, and sending the l)ills of adventure. MONT. III. Eef: Duke of Buccleuch and Queen.'iberry MSS., Winwood Papers. Pub: Full calendar: Hist. MSS. Com., liipuH on above, V'ol. I (1899), i>. 99. 1611 12 MAKOH 10 18. Bruz. A letter to the Earl of Kutlaml eoneerniufr Dale's departure with three hundrci] men at expense of £8,000. BKL. \n. A',/.- Karl of Rutland Papers. Pah: Calendar; liisl. MSS. Com., TirelJ'th lieporl, pt. 4, p. 429. 1612 AFBTL 28 19. Sir John Dig'by. A letter to W. Trumbull concerning the Spanish attitude toward the \'iruinia plantation, and other letter.? of similar character. SHEK. VII. A',/.- George Wingfleld Digby MSS., Register of Letters. I'uh: Calendar: Hist. MSS. Com., Tenth Report, pt. 1, pp. 576, 583, 600,008, 009. NOVrEMBEB 25 20.* Virginia Company. Virginia Company con Sir Thomas Mildmaye, James Bryarley, and Mattliew de Quester. The bill of complaint addressed to Thos. Lord Ellesmere, Lord C^haneellor, with regard to the payment of certain suras adventured. PRO. [LC] III. 7iV/'.- Chancery Proceedings, James I, liundlo U, No. 2/27. DECEMBER 11 21.* Sir Thomas Mildmaye. The answer of Sir Thomas Mildmaye to the liill of complaint of the Virginia Company. PRO. [LC] III. Ju'f: Chancery Proceedings, James I, Bundle U, No. 2/27. 161213 JANTTARY 11 22.* James Bryarley and Mathewe de Cluester. The answer of James Bryarley and Mathewe de (tucster to the bill of complaint of the Virginia Company. PRO. [LC] III. Re/: Chancery Proceedings, James I, Bundle V, No. 2/27. JANTJABY 26 23. John Wheeler. John Wheeler to Sir Raphe Winwood requesting adventures in the lottery for Iiimself and others. MONT. III. Ref: Duke of Buccleuch and Queensberr)- ISISS., Winwood Papers. Pub: Calendar: Hist. MSS. Com., Report on above. Vol. I (1899), pp. 122-123. 1613 AFRTL 28 24.* Virginia Company. Virginia Company con Sir H. Neville, Sir Geo. Iluntlcye, Wm. Hall, ct al., regarding the jiaynient of sums adventureii. The bill of cunipUiint. I'la >. [LC] III. Ref: Chancery Proceedings, Jimies I, Bundle U, No. 4/17. 124 INTRODUCTION [1613-1615 25.* Sir Geo/ge Huntley. The answer of Sir Geo. Huntley to the bill of complaint of the Virginia Company. PRO. [LC] III. Bef: Chancery Proceedings, James I, Bundle IT, 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] III. Ref: Chancery Proceedings, James I, Bundle U, No. 2/69. NOVEMBKB 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. NO^TEMBER 15 28.* Virginia Company. Virginia Company con William Leveson, regarding the pajinent of certain sums collected in the lottery and not surrendered. The bill of complaint. III. Ref: Chancery Proceedings, James I, Bundle U, Nos. 2/55. PRO. [LC] 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 [JAUTJARY 8] 30. J. Ijuntius. 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. FEBRXTARY 18 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 Eifingliam, Sir Geo. More, Sir Ed. Howard, and others, requesting cooperation in the lottery and sending books for adventurers' sums. WOD. I. Ref: (1) M.SS. 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 33. Consideration of the " Letters from Lordes of the Counsell concerninge the Lottery for the helpe of the Englishe in Virginia." READ. VII. Ref: Corporation of Reading Records, MP. XLVIII, a. Puh: Calendar: Hist. MSS. Com., Eleventh Report, jit. 7, p. 211. 1615-1617] LIST OF THE RECORDS 125 1615 34. Action of the assembly. Every alderman to urge inhabitanta to adventure in the Virginia lottery. YAR. VII. Ref: Corporation of Great Yarmouth. Records, 40 Elizabeth to 12 James 1, Assem- bly Book. D(j). Pub: Calendar: Hist. MSS. Com., Ninth Repurl, pt. 1, p. 319. 161516 KEBKUAKT lO 35. Certificate for 104 lbs. of midding tobacco from Virginia. KP. III. Ref: MSS. of the Earl Be La Warr. Pub: Calendar: Hist. MSS. Com., Fourth Report, 314. 1616/16. MASCH 6-1623. JTJNE 0 86.* Shareholders in the Virginia Company from 1615-1623. PRO. [NY] VI. Rtf: State Papers, Colonial, James I, Vol. II, No. 33. Pub: Virghda Magazine of History and Biography, IV, 299-310. Transcript in the N. Y. Public Library, Bancroft, I, 203-205. 1616 DEaEMBER 19 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 tor 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 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., Ill, 91. Pub: Va. Mag. of Hist., IV, 28-29. Cited from "No. 41A Register booli during the Qoum'. of Sami Argall Esq' admiral, & for y time p'sent, principal Gou'. of Virg«.," a record not now known to be in existence. JUJMIS 8 40.* John Bolfe. 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. MC. IV. Ref: Ferrar Papers. Pub: Va. Mag. of Hist, X, 134-138. A. L. S. Endorsed by Sir Edwin Sandys, 126 Il^'TRODVCTION [1617 JITLY 13-AUQU3T 31 41.* Privy Council. Orders for transportation of prisoners, mentioned by name, to Virginia. I. a/.- Privy Council Register, James I, Vol. HI, 91, 121. PC. [NY] Puli: ^^allS. I{ist. Sue. Coll., ser. 4, Vol. IX, pp. 1—1. Transcript iu N. Y. Pub. Lib., Barlow Tapers, Virginia, Vol. I. OCTOBER 20 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) VIIS. IV. AV/".- (1) Misc. Papers, 160t>-1683, quarto. (Abstract only.) (2) MS., Coll. Va. Hist. "Soc, John Randolph MSS., HI, 91. See No. 40, Remarks. 43.* . Commission to trade to north parts of Virginia and for commanders of the several hundreds. (1) LC. (2) VHS. IV. Ref: See under No. 40. See No. 40, Remarks. 44.* . Appointment of William Powell, captain of guards belonging to the governor and lieutenant-governor and commander of James Town. (1) LC. (2) VHS. IV. Ref: See under No. 40. See No. 40, Remarks. 45.* . Commission to trade in south parts and in the bay. (1) LC. (2) VHS. IV. lief: See under No. 40. See No. 40, Remarks. 46.* . Commission to Captain Nathaniel Pool to be Serjeant major general. IV. iJf/.- See under No. 40. (1) LC. (2) VHS. See No. 40, Remarks. 47.* . Commission to Francis West, master of ordinance, during life. (1) LC. (2) VHS. IV. Ref: See under No. 40. See No. 40, Remarks. 48.* . Commission to Nathaniel West, to be captain of the Lord ( ieneral's comimny. IV. RrJ: See under No. 40. (1) LC. (2) VHS. See No. 40, Remarks. NOVEMBER 13 49. Sir Edwin Sandys. A letter to the Puritans. HI. rah: Neill, Virginia ('omjidni/ (if Landoii, 124-125. NOVEMBER 16 50.* Governor ArgalL Confirmations as to cattle. (1) LC. (2) VHS. IV. Ref: See under No. 40. See No. 40, Remarks. NOVEMBER 27 51.* Citizens of Bermuda Hundred. A letter signed by the recorder and nine other citizens claiming West and Shirley hundreds ivs belonging to them. (1) LC. (2) VHS. IV. Ref: See under No. 40. See No. 40, Remarks. 1617-1618] LI8T OF THE RECORDS 127 NOVEMBER 30 62.* 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) VH.S. IV. Ref: See under No. 40. See No. 40, Remarks. BECEMBER 4 63.* Privy Council. Order that the Virginia Company should be custom free for goods retumeetter to Lord De La Ware stating that Henry Sheriey, an escaped debtor is not to be harbored in Virginia. PC. I. Ref: (1) Privy Council Register, James I, Vol. Ill, p. 295. (2) State Papers, Domes- tic, James I, Vol. 46, p. 527. MABCH 10 67.* Governor Arg'all. Letter to tlie Virginia Company describing the ruinous condition in which he found the colony and the improvements he had made. LC. IV. jRc/.- Misc. Papers, 1606-1683, quarto. (Abstract only.) See No. 40, Remarks. MAEOH 18 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 Slate Papers, Colonial, p. 19. KABOH so 69.* Privy Council. Orders for transportation of prisoners, mentioned by name, to Virginia. 1. Ref: Privy Council Register, James 1, Vol. Ill, p. 31U. PC. 1618] LI8T OF THE RECORDS 129 1618 MABCH 29 70. Virginia Company. A letter to the mayor of Salisbury concerning a college for Virginia, in. Pub: New England Hist, and Geneal. Register. MAY a. 71.* Governors 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. 43.5. 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. PRO. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 538. MAY 4 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. VI. Ref: State Papers, Domestic, James I, Vol. XCVII, No. 56. PRO. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 538. MAY 10 74.* Governor Argall. Proclamations or edicts relating to attendance at church. LC. IV. Ref: Misc. Papers, 1606-1683, quarto. (Abstract only. ) See No. 40, Remarks. MAY 18 76.* Governor Argall. Proclamations or edicts regulating acts of colonists as to trade. LC. IV. iff/.- Misc. Papers, 1606-1683, quarto. (Abstract only.) See No. 40, Remarks. 76.* Sir E. Sandys, H. Timbertake, J. Ferrar. Meeting of a committee forSmythes 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 Cougress. Corrections by Nicholas Ferrar and address and notes by J. Ferrar. JUNE 11 77.* Lord Zouch. Letter to Captain Ward <'oncerninK the venture of a pinnace to Virginia witli John Bargrave. PRO. VI. Ref: State Papers, Domestic, James I, Vol. CHI, No. 44. Piib: Sainsbury, Calendar of State Papers, Colonial, p. 19. JUNE la 78.* Governors of the Virginia Company. Letter to the mayor and aldermen of Leicester Account of drawings of lottery, June 12, 1618. LEI. 111. Ref: See under No. 75. Pub: See under No. 75. 130 nUTRODVCTlO^ [1818 JTJNB 14 79.* Privy Council. Order for the transportation of prisoners to Virginia. PC. I. Ref: Se« under No. 41. Pub: See under No. 41. ATjatrST S3 80. Virginia Company. Letter to Capt. Samuel ArgoU sent by the "William and Thomas" concerning his abuse of the company's property. LC. III. Ref: MS. Court Book, Virginia Co., II, 2,S. Pub: (1) Kingsbury, iif corrfsT'irpifiia Co., II. (2) Brook, FiryiniaCompani/, II, 31-33. AUQITST 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. LC. III. Ref: MS. Court Book, Virginia Co., II, 29. Pub: (1) Kingsbury, iJecorrfs Virginia Co. ,1\. (2) Brock, Firj/miaOsmpant/, II, 33-35. OCTOBEB (?) 82.* Captain Andrews. A letter to Lord Zouch, concerning his intended voyage to Virginia with Jacob Braems. PRO. [NY] VII. Rtf: 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. OCTOBEB 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." PRO. VI. Ref: State Papers, Domestic, James I, Vol. CIII, No. 33. Pub: Calendar, State Papers, Domestic, James 1, 1611-1618, p. 548. OCTOBEB ig 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. Rff: 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. OCTOBEB as 86.* John Pory. A letter to Su' Dudley Carleton, concerning the appointment of Sir Geo. Yeardley as governor of Virginia. PRO. VII. Ref: State Papers, Domestic, James I, Vol. CIII, No. 46. Pxib: Sainsbury, Calendar of State Papers, Colonial, pp. 19-20. NOVEMBBB 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. (1) LC. (2) VHS. III. Ref: (1) Misc. Records 1606-1692, pp. 72-83. (2) Randolph MSS., Ill, 44-160. Pib: Virginia Magazine of History and Biographij, II, 154-165. 1618-1618/19] U8T OF THE RECORDS 131 NOVSICBER 28 88.* John Pory. A letter to Sir Dudley Carleton, concerning Pory'a appointment as secretary of Virginia. PKO. VII. Ref: State Papers, Domestic, James I, Vol. CIII, No. 111. Put.- Calendar, State Papers, Domestic, James I, 1611-1618, p. 598. 89.* John Chamberlain. A letter stating that Yeardley, "a mean fellow," goes to Virginia as governor, knighted by King, and flaunts the same. PRO. VII. Ref: State Papers, Domestic, James I, Vol. CIII, No. 110. Pah: Sainsbury, Calendar of State Papers, Colonial, p. 20. NOVEMBER 30 90.* Privy Council. A warrant to send James Stringer, a reprieved prisoner, from Newgate to Virginia. PC. I. Ref: Privy Council Register, James I, Vol. IV, 53. 1619 91.* Ferdinando Yate. "The voyage . . . to verginia," a story of the journey. NY. VI. Ref: Smyth of Nibley Papers, 13. Pub: N. Y. Pah. Lih. Bull, I 70-72. Autograph document. The voyage was probably in September, aud 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. ThiB broadside is usually included in the Declaration oJ the State of Virginia, 1C20. See post, No. 183. [1619] 93.* [John] Delbridge [Yeardley]. A letter to Sir Edwin Sandys, concerning Captain Argull and the specitic affairs of the colony upon his arrival. MC. [LC] IV. Ref: Ferrar Papers. An indorsement in a later hand gives letter as from Delbridge. .\utograph is S' Geo. Yeard- ley's. Written soon after April 29, 1G19. [Photographic reproduction of part, and transcript in the Library of Congress.] 94.* Sir Geo. Yeardley. A letter to [Sir Edwin .'^andys] concerning the seating of old settlers, C'aptain .\rgoll, tobacco sent to Flushing, and relations with Opochancono. MC. [LC] IV. Ref: Ferrar Papers. A. L. 96.* Sale of ship "New Year's Gift," to Robert, Earl of Warwick, by Roger Dunster and John Thompson. PRO. VII. Ref: Manchester Papers, No. 248. Puh: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 33. 1618 19 FEBKUART 3 96. Lord Russell. A letter to Sir Clement Edwardes, concerning a prisoner to be sent to Virginia. VII. Ref: State Papers, Domestic, James I, Vol. CV, No. 75. PRO. Pub: Calendar, State Papers, Domestic. 132 I^'TRODVCTIOy [1618/19-1619 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: K y. Ptth. Lib. Bull, 1899, III, 161-164. A contemporary copy. FEBEUABT 4 98. Wm. Ward. A letter to Lord Zouch, warden of Cinque Ports, concerning Mr. Upton aa captain of a pinnace to Virginia. CHILD. VI. Eef: MS. collection of J. Eliot Hodgkin, esq., F. S. A. Pub: Calendar: Hist. MSS. Com., Fifteenth Repwt, pt. 2, p. 279. FEBBUABY 16 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. Put.- Sainsbury, Calendar of Slate Papers, Colonial, p. 21. Transcript, New York Public Library, Bancroft Papers, I. pp. 236-237. FEBBUABT 18 100.* Sir Wm. Throckmorton and others. A letter to Sir Geo. Yeardley, concerning a patent for tlieir Virginia plantation. NY. VI. Ref: Smyth of Nibley Papers, 4. Pub: Calendar: N. Y. Pub. Lib. Bull, 1899, Vol. Ill, p. 165; I, p. 187. A contemporary copy. FEBBUABT SB 101.* Privy Council. An order concerning the ship "Treasurer," and its offence against Spaniards. I. Ref: Privy Council Register, James I, Vol. IV, 433. PC. Pub: Brown: Firsl Republic, 358. 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 OflBce. 1619 APKH. 10 103.* Sir Wm. Throckmorton. A letter to John Smyth, concerning the plantation in Virginia. VI. flc/.- Smyth of Nibley Papers, Smyth, 6. NY. Ptib: Calendar: N. Y. Pub. Ub. Bull, I, 187. A. L. S. with seal. APKH. 13 104.* Richard Berkeley. A letter to John Smyth, of Nibley, concerning the plantation in Vir- ginia. NY. VI. Ref: Smyth of Nibley Papers, Smyth, 5. Pu6; Calendar: N. Y. Pub. Ub. Bull, I, 187. A. L. S. with seal. 1619] LIST OF THE RECORDS 133 AFBH. 37 106.* Sandys, Harwood, Wolsenlian, Rich, Johnson. Draft of a report of a committee describing the " particular duties" of tlie several officers of the Virginia Company. III. Ref: Manchester Papers, No. 245. PRO. Piib: (1) Brown, First Republic, 301-305. (2) Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 33. 1619. APRTL 28—1624. JXrNE 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, l(j20, which are missing. LC. II. Ref: MS. Rec. Virginia Co., Vols. 1, II. Pnb: (1) Kingsbury, Records Virginia Co., Vols. I, 11. (2) Brock, riVymia Companij, Vols. I, II. (Extracts.) A contemporary copy, attested by the secretary of the company, Edward Collingwood. APRIL 28-JTrLT 21 107.* Notes made from the Court Books [of the Virginia Company] "concerning the manner of levying public charges," etc., 1619, k\,r\\ 28-July 21. PRO. II. Ref: Manchester Papers, No. 246. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 33. MAT 8 108. John Chamberlain. A letter to Sir Dudley Carleton, concerning election of Sir Edwin Sandys, treasurer of the Virginia Company. PRO. VII. Ref: State Papers, Domestic, James I, Vol. CIX, No. 18. Pub: Calendar, State Papers, Domestic, p. 44. MAY 28 109. Governor Arg-oll. An enactment fixing the limits of Jamestown, Virginia. LC. IV. Ref: MS. Court Book, Virginia Co., II. Pub: (1) Kingsbury, Rec. Virginia Co., II, Index. (2) Brock, ]'irginia Company, II, 37. JTJira! 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. PRO. In the records of the suit of the Virginia Company with Wye. 1620. See post. No. 1-W. JXTLY 2 111.* Geo. Thorpe. A letter to John Sniithe, of Nibley, concerning the expenses of a voyage to Virginia. NY. VI. Ref: Smyth of Nibley Papers, Smyth, 7. Pub: Calendar: N. Y. Pub. Lib. Bull., I, 187. A. L. S. with seal. JTTLY 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 INTRODUCTION [1619 113.* A short draft of censure against Alderman Johnson abandoned in favor of "the preceding." III. Jief: Manchester Papers, No. 251. PRO. Pub: Calendar: Hist. MSS. Com., EiglUh Report, pt. 2, p. 34. 114.* Geo. Thorpe. A letter to John Smyth, concerning Partridge's misbehavior. NY. VI. Rtf: Smyth of Nibley Papers, Smyth, 8. Pub: Calendar: N. V. 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. MC. [LC] A. L. S. JVLTT 30, 31; AUGUST 2, 3. 4 1 16.* 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. IV. Ref: State Papers, Domestic, James I, Vol. I, No. 45. PRO. [NY] Pub: (1) Wynne and iii\ma.n, Colonial Records of Virginia. (State Senate Document, extra) Richmond, 1874, pp. 1-32. (2) New York Hist. Soc, 2d ser.. Ill, 336. (3) Sainsbury, Calendar of Slale Papers, p. 22. Transcript in N. Y. Public Library, Barlow Papers; Bancroft Papers, I, 261-343. JtTLY. AUGUST. AND SEPTEMBEK 117.* The cost of furnishing the "Margaret." Payment for tilings bought in London by Mr. Thorpe in July, .A^ugust, and September, 1619. NY. VI. Ref: Smyth of Nibley Papers, Smyth, 3 (13)-(16), pp. 79-93. Pub: N. Y. Pub. Lib. Bull., Ill, 213-223. 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. Pib. Lib. Bull, I, 186. AUGUST 11 119.* Gabriel Barbor. A letter to Sir Ed. Sandys, recommending Mr. Newland. MO. VI. Ref: Ferrar Papers. A. L. S. written from Exeter. AUGUST 16 120.* 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." NY. VI. Ref: Smyth of Nibley Papers, Smyth, 3 (17), pp. 94-96. Pub: (1) N. Y. Pub. Lib. Bull., Ill, 165-167. (2) Calendar: Hist. MSS. Com., Fifth Report, pt. 1, p. 341. 1619] LIST OF TBE RECORD f} 135 8EPTEMBEB 122.* Remembrances for Captain Woodleefe against the return of the ship. NY. VI. Ref: Smyth of Nibley Papers, Smyth, 3 (8), pp. 71-72. Pub: Catalogue: A^. K Pub. Lib. Hull., I, 186. 123.* "A lyst of the mon nowe sent for plantaoon vnder Captayne Woodleefe governor." NY. VI. Ref: Smyth of Nibley Papers, Smyth, 3 (9), pp. 73-75. Pub: N. Y. Pub. Lib. Bull, III, 210-212. SEPTEMBER 4 124.* Sir Wm. Throckmorton et al. A commission to Capt. John Woodleefe aa governor of the town of Barkley in Virginia, and to act aa chief merchant for them. NY. VI. Ref: Smyth of Nibley Papers, Smyth, 3 (5), pp. 59-60. Pub: Catalogue: N. Y. Pub. Lib. Ball,, I, 186. 126.* An agreement between Sir Wm. Throckmorton, Richard Berkeley, Geo. Thorpe, John Smyth, and Capt. Jolm Woodleaf, giving the terms. NY. VI. Ref: Smyth of Nibley Papers, Smyth, 9, also 3 (7), pp. 64-70. Pub: N. Y. Pub. Lib. Ball., Ill, 167-171. 126.* Wm. Throckmorton, Rich. Bearkley, et al. " Ordinances direcciona and Inatructiong to Captaine John Woodlefe for the goverment of o' 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. Ball., Ill, 208-210. SEPTEMBER 7 127.* Indenture between the four adventurers of Berkeley Hundred and Robert Coopy of North Nibley. NY. VI. Ref: Smyth of Nibley Papers, Smyth, 11. Pub: Calendar: N. Y. Pub. Lib. Bull., I, 187. Origiual document with seals affixed. SEPTEMBER e 128.* Sir William Throckmorton and his three associates. Letter dated at Briatol to Sir George Yeardley, asking him to join in the project. NY. VI. Kef: Smyth of Nibley Papera, Smyth, 3 (11), p. 77. Pub: Catalogue: N. Y. Pub. Lib. Bull, I, 186. SEPTEMBER IS 129.* The Certificate of John Lwye, the mayor of Briatol, relating to the men shipped under Capt. John Woodleefe. NY. VI. Ref: Smyth of Nibley Papers, 3 (10), p. 76. 1619-20 leig, SEPTEMBER 16-1680, SEPTEMBER 16 130.* Account of A. B. of the expenses of the last voyage, from September 16, 1619, to September 16, 1620. NY. VI. Ref: Smyth of Nibley Papers, Smyth, 3 (32), pp. 140-141. Pub: Catalogue: N. Y. Pub. Lib. Bull, I, 186. 136 INTRODUCTION [1619 1619 BEFTEMBER SO 131.* Sir Edwin Sandys. A letter to John Ferrar, urging a steadfast policy and the securing of warrants. MC. [LC] VI. Ref: Ferrar Papers. A. L. s. 8EPTSMBEB 29 132.* Sir Edwin Sandys (P). 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 Sandye' autograph. SEPTEMBER 30 133.* John Pory. A letter to "the Right Hon''' 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 a 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. MC. [LC] OOTOBEH 18 130.* Sir Edw^in Sandys. A letter to John Ferrar, concerning factions in the company and his own tinances. MC. [LC] VI. Ref: Ferrar Papers. Pub: Virginia Mag. Hist, and Biog., X, 41&-417. A. L. S. NOVEMBER 6 137.* Privy Council. A letter to Abraham Jacobs to release the tobacco to the Virginia Company. 1. Ref: Privy Council Register, James I, Vol. IV, p 358. PC. NOVEMBER 11 138.* Council in Virg'inia. "The putting out of the Tenants that came over in the B. N. w" 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 13 130.* Governor and Council in Virginia. An order appointing tasters of tobacco. MC. [LC] III. Ref: Ferrar Papers. Photographic reproduction and transcript in the Library of Congress. 1619-1620] LIST OF THE RECORDS 137 DBOEKBEB 4 140.* Sir Oeorge 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. Fuh. Lib. Bull., I, 186. DEOEMBEB 30 141.* James I. Printed proclamation to restrain the planting of tobacco in England and Wales. (l)PRO. (2)KP. (3) ANT. (4) Q. I. iie/.- (1) Proclamations, James I, No. 74. (2) Earl DeLaWarr Collection. (3j Anti- quaries. (4) Collections of proclamations. 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." PRO. III. Ref: Manchester Papers, No. 247. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 33. 143.* Sir Nathaniel Rich (P). Statement, possibly intended for a speech before Virginia Company in defense of the Earl of Warwick. PRO. III. Ref: Manchester Papers, No. 279. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, pp. 35-36. 144.* 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. PRO. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 36. 145.* Rough draft of proposition affecting the Virginia Company, viz, that matters in dispute between them and Captain Argall be referred to arbitration, etc. PRO. III. Ref: Manchester Papers, No. 281. 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. [BARLY] 147.* Governor Nath. Butler. A letter to [Sir Nath. Rich] (?) from the Summer Island colony, referring to the "Treasurer." PRO. IV. Ref: Manchester Papers, Nos. 269-270. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 35. 1620-22 148. Oapt. Nath. Butler. History of the Bermudas. BM. VII. Ref: Sloane MSS., 750. Pub: LeFroy, The Historye of the Bermudoes. 1620 TRINITY TKRM 149.* Virginia Company con Wye. Complaint and accompanying documents. PRO. III. Ref: Admiralty court. Instance & Prize, Libels 80, Nos. 121-124. See ante No. 110. 138 INTRODUCTION [1620-1619/20 1620 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. V. (1) JCB. (2) NY. Quarto. 21 pages. Imprinted Felix Kingston. Pages 25-27 mis.iing, evidently misniim- bered. This work contains pos( No. 161, pp. 25-28. Reprinted, 1622. See pos( No. 347. 161. *Virgima 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. V. Ref: (1) State Papers, Colonial, James I, Vol. I, No. 24 (MSS.) . (2) MSS. No. bO", 14. Included in the printed book, cited above, No. 150. 152.* Virginia Company. "A note of Shipping, Men, and Provisions, sent and Prouided for Virginia." Printed. (1) BM. (2) ANT. (3) PRO. V. Ref: (2) Printed broadsides, James I, No. 180. (3) Manchester Papers, No. 291. 1619 20 jAirnABY 153.* John Peirse. John Peiree to Sir Edwin Sandys by the "George." MC. [LC] I V. Ref: Ferrar Papers. A. L. S. JANUABY 164.* John Bolfe. 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. jAjraABT 10 156.* Sir Geo. Yeardley. "S'. Geo: Yardles I'r 10. Jan: 1619: of the Place assigned for our Berkely." NY. VI. Ref: Smyth of Nibley Papers, Smyth, 14. Pub: N. Y. Pub. Lib. Bull, I, 72. A. S. JAirUABY 13 158.* John Pory. A letter to [Sir Ed. Sandys] by the "George," concerning Samuel Argall. IV. iJf/. Ferrar Papers. MC. [LC] [Photographic reproduction of part and transcript in the Library of Congress.] A. L. S. JAinjAST 14 167. 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. JAITUAKY la 168.* John Pory. A letter to Sir Edwin Sandys, concerning Gov. Yeardley and also various com- modities. MC. [LC] IV. Ref: Ferrar Papers. L. s. JANTTABY 21 169. Council in Virginia. Letter from colony to company concerning tobacco. LC. IV. Ref: MS. Court Book, Virginia Co., II, 220. Pub: (1) Kingahmy, Records Virginia Co., jioat, 11; (2) Biock, Virginia Company, II, U6. 1619/20-1620] LIHT OF THE RECORDS 139 JANTJABY 38 160. Sir Edwin Sandys. A letter to Sir Robt. Naunton, concerning the poor children to be sent to Virginia. PRO. III. Ref: State Papers, Domestic, .James I, Vol. 112, No. 49. Pub: Va. Mag. of Hist., VI, p. 232; Sainsbury, Calendar of Hlait Papert, Colonial, p. 23. JANUABT 31 161.* Privy Council. Order giving authority for 100 children to be sent to Virginia. PC. I. R,f; Privy Council Register, .lames I, Vol. IV, p. 400. FBBRUABY 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. NY. Puh: Catalogue: N. Y. Pub. Lib. Bull., I, p. 186. FBBBXJABY 3 163. 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. Piih: Calendar: Hist. MSS. Com., Second Report, p. 57. FBBBUARY 26 164.* 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 CongreBS.] FEBBTJAEY 20 166.* 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. KAROH e 166.* Wm. Weldon. A letter to Sir Ed. Sandys, complaining at provisions sent and reporting on College Land. MC. [LC] IV. Ref: Ferrar Papers. [Photographic reproduction of part in the Library of Congresg.] 1620 APRTL 6. 10 167.* Sir Thomas Bowe, Mr. Leate, Mr. Caning, et al. (1) Petition to the Privy Council for a patent for the sole import of tobacco for 7 years. (2) A project for the same. (1) PC. (2) BM. [LC]. I. Ref: (1) Privy Council Register, .Tames I, Vol. IV, p. 475. (2) Lansdowne MSS., 162, fo. 159. AFBH. 10 168.* Privy Council. An order allowing the sole importation of tobacco as above. PC. I. Ref: Privy Council Register, James I, Vol. IV, p. 475. AfBTL IS 169.* William Tracy. A letter to John Smyth, concerning endeavors for men for the plantation. VI. Ref: Smyth of Nibley Papers, Smyth, 16. SY. Pub: N. Y. Pub. Lib. Bull., Ill, 248. A. L. S. 140 INTRODUCTION [1620 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 acta 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. NY. Pub: N. Y. Puh. Lib. Bull., Ill, 248-250. MAY 16 173.* Alderman Johnson. A letter to Sir Edwin Sandys, concerning the sale of tobacco. III. Ref: Ferrar Papers. 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 (?). [JTJITE] 176.* 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., Ill, 253. A. L. S. 176.* Wm. Tracy. A letter to John Smyth, concerning accounts. NY. VI. Ref: Smyth of Nibley Papers, Smyth, 18. Pub: N. Y. Pub. Lib. Bull, III, 252. A. L. S. JTTKB 1 177.* John Smyth. "Copy of my lettre to M' 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., Ill, 2.50-251. Indorsed by .lohn Smyth. JTTNE 7 178.* Sir Edwin Sandys. A letter to Marquis of Buckingham, justifying his exposures of Sir Thos. Smyth. PRO. [NY] VI. Ref: State Papers, Colonial, I, No. 51. A. L. S. Transcript, New York Public Library, Bancroft Papers, I, 345-363. 170.* Sir Geo. Yeardley. A letter to [Sir Ed. Sandys], complaining at the lack of provisions sent. IV. Ref: Ferrar Papers. MC. [LC] A. L. S. Indorsed by Sir Ed. Sandys. 1620] Llf^T OF THE RECORDS 141 JUNE la 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'8 autograph. Photographic reproduction and transcript in the Library of Congreiw. 181.* Sir Edwin Sandys. A letter to John Ferrar, concerning letters from Virginia. MC. [LC] VI. RrJ: Ferrar Papers. A. L. 8. JUNE — 182.* William Tracy. A letter to John Smyth, "about his dispatch into Virgynia, June 1620." VI. Ref: Smyth of Nibley Papers, Smyth, 17. NY. Pub: N. }'. Pub. Lib. Bull, III, 151-152. A, L. S. ■rtTNB 22 183.* "Counseil for Virginia". "A Declaration of the State of the Colony and Affaires in Vir- ginia". Printed. Including also the following: " 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 [V^irginia] 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) C.VMB. (3) HARV. (4) JCB. (5) LC. (6) NEWB. (7) NY. V. Pub: Force, Tracts, III, Nos. V, VI. For a di.scussion of the difference between the editions and the diflerent supplementary "Declarations" added after the "Orders and Constitutions," see antf, pp. 89-90. See also List of Kecords, Nos. 91, 220. JTJNE 29 184.* James I. Printed proclamation for the restraint of the disordered trading for tobacco. I. Ref: Proclamations, James I, No. 82. PRO. JxriiY 185.* [Privy Council.] Coniini.ision to the Lord Treasurer to contract with Sir Thomas Rowe, Abraham Jaiob, and Hurdman, Budd, et al. for the importation of tobacco. PRO. 1 . Ref: Docquet Book, Signet Office. 186.* Mr. Russell. " Mr. Russell's proiect touching artificiall wyne in Virginia." HY. IV. Ref: Smyth of Nibley Papers, Smyth, 30. Pnb: N. Y. Pub. Lib. Bull., Ill, 255-256. A. S. JTJLY 8 187.* William Tracy. A letter to John Smyth, concerning "my cousin barkli". NY. VI. Ref: Smyth of Nibley Papers, Smyth, 20. Pub: N. Y. Pub. Lib. Bull., Ill, 253. A. L. S. JULY 8 188. John Chamberlain. A letter to Sir Dudley Carleton, from London, concerning the election of the Earl of Southampton as treasurer of the Virginia Company. PRO. VII. Ref: State Papers, Domestic, James I, Vol. CXVI, No. 13. Pub: Calendar: State Papers, DomeMic, Vol. CXVI, p. 162. 142 INTBODVCTION [1820 JULY 13 189. Virginia Company. "A Commission graunted vnto WLllm Tracy Esq for a voyag intended to Virginia". NY. III. Eef: Smyth of Nibley Papers, Smyth, 3 (22), p. 123. Pub: N.' Y. Pub. Lib. Bull, III, 254-255. A copy. JTTLT 14 190.* Wm. Tracy. Two letters to John Smyth. NY. VI. Ref: Smyth of Nibley Papers, Smyth, 21, 22. Pub: N.'r. Pub. Ub. Bull., Ill, 253-254. A. L. S. JtTLY 19 191.* Sir Edwin Sandys. A letter to John Ferrar, concerning personal and financial affairs. MC. in. Re/: Ferrar Papers. [LC] A. L. S. JTJX.T 33 192.* Privy Council. Order to the Sollicitor General to prepare a patent for North Colony of Virginia. PC. I. Ref: Privy Council Register, James I, Vol. IV, 574. AUGUST 193.* Virginia Council. Extract from a letter affecting Capt. Argall. PRO. [LC] III. ReJ: Manchester Papers, No. 272. AUGUST 3 194.* Wm. Tracy. A letter to John Smyth, concerning Berkeley Hundred. NY. VI. Ref: Smyth of Nibley Papers, Smyth, 23. Pub: N. Y. Pub. Lib. Bull., Ill, 2.56. A. L. S. AUGUST 8 196.* Wm. Tracy. A letter to John Smyth, concerning Berkeley Hundred. NY. VI. Ref: Smyth of Nibley Papers, Smyth, 24. Pub: N. Y. Pub. Lib. Bull., Ill, 267. A. L. S. AUGUST 18 OR AUGUST 38 196.* Throkmorton, Berkeley, Thorpe & Smyth. Revocation of Capt. John Woodle^f'a com- mission. NY. VI. Ref: Smyth of Nibley Papers, Smyth, 3 (23), p. 124, also 31. Pub: N. Y. Pub. Ub. Bull, 111, 257-258. 3 (23), copy. 31, "Vera copia ei' p. Rob: Maundey." AUGUST 36 197.* Sir Edwin Sandys. A letter to John Ferrar, concerning demands from Huddleston. III. Ref: Ferrar Papers. MC. [LC] A. L. S. AUGUST 38 198.* "Covenants and agreements between Richard Berkeley of Stoke . . . Greo'ge Thorpe . . . Willm Tracy of Gayles" . . . and . . . "John Smyth of Northimbly" . . . NY. VI. Ref: Smyth of Nibley Papers, Smyth, 3, also 3 (25), pp. 127-129. Pub: N. Y. Pub. Lib. Bull, III, 276-278. Copy. 1620] LIST OF THE RECORDS 143 199.* Commission to George Thorpe ik Wm. Trary 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 31 200.* Charter party with Wm. Kwins for the ship "Supply" in which Wm. Tracy went to Virginia. III. Ref; Smyth of Nibley Papers, Smyth, 3 (29), pp. 134-136. NY. Puh: Catalogue: .V. i'. Pub. Lib. Bull., I, 186. Copy. BEFTEMBEB 201.* An account with Ed. Williams for hire of the first ship, and the wages of Toby Felgate, pilot in the first voyage. NY. VI. Re/: Smyth of Nibley Papers, Smyth, 3 (33), p. 142. Puh: Catalogue: A' i'. Pvh. Lib. Bull, I, 187. 802.* The cost of furnishing the "Supply" sent from Bri.stol. NT. VI. Ref: Smyth of Nibley Papers, Smyth, 3, pp. 143-150. Pub: N. Y. Pub. Lib. Bull, III, 283-290. SEPTEMBER 1 203.* 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. Puh: Catalogue: N. Y. Puh. Lib. Bull, I, 186. 204.* Wm. Tracy. A letter to .lohn Smyth concerning Berkeley Hundred. NY. VI. Ref: Smyth of Nibley Papers, Smyth, 25. Pub: N.' Y. Pub. Lib. Bull., Ill, 278. A. L. S. SEPTEMBER 3 205.* List of Settlers. "A list of men no we nent for plantacon in Virginia." NY. VI. Ref: Smyth of Nibley Papers, Smyth, 3 (31), pp. 138-139. Pub: N. Y. Pub. Lib. Bull., Ill, 290-292. The day of month Dot given in MSS. SEPTEMBER 10 206.* Richard Berkeley and John Smyth. Instructions and advice to Geo. Thorpe. NY. VI. Ref: Smyth of Nibley Papers, Smyth, 3 (26), pp. 129-131. Pub: iV." Y. Pub. Lib. Bull, III, 278-280. SEPTEMBER 15 207.* Wm. Tracy. A letter to John Smyth. Personal affairs of the plantation, otherwise unim- portant. NY. VI. Ref: Smyth of Nibley Papers, Smyth, 26. 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. NY. VI. Ref: Smyth of Nibley Papers, Smyth, 3 (28), p. 133. Pub: Catalogue: N. Y. Pub. Lib. Bull, I, 186. 16455— VOL 1—06 10 144 INTRODUCTION [1620 1620-22 leZO. SEPTEMBER 18-1622. MICHABLMAB 209.* Account of money expended since Win. Trade's departure, September 18, 1620, until Michael- mas, 1622. NY. VI. Ref: Smyth of Nibley Papers, Smyth, 3 (35), pp. 151-152. Pub: Catalogue: N. Y. Pub. Lib. Bull., I, 187. 1620 SEPTEMBER 18 210.* Thomas Parker. Certificate of the mayor of Bristol to sailing of " Supply," with names of passengers. NY. VI. Ref: Smyth of Nibley Papers, Smyth, 3 (30), p. 137. Pub: Catalogue: K. Y. Pub. Lib. Bull, I, 186. 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 30 212.* John Smyth. Account of expenses for Virginia plantation. NY. VI. Ref: Smyth of Nibley Papers, Smyth, 32. Pub: Calendar: .V. 1'. Pub. Lib. Bull., I, 189. Autograph of John Smyth. SEPTEMBER 32 213.* Timothy Gate. A letter to his " cosyn ]\P Willia Tracy att Bristol". NY. VI. Ref: Smyth of Nibley Papers, Smyth, 45. Pub: X. Y. Pub. Lib. Bull, III, 281. SEPTEMBER 23 214.* John Bridges. A letter to John Smyth concerning the incarceration of Tracy. NY. VI. Ref: Smyth of Nibley Papers, Smyth, 29. Pi/6.- iV. Y. Pub. Lib. Bull., Ill, 281-282. A. L. S. with seal. SEPTEMBER 34 215.* Wm. Tracy. A letter to John Smyth concerning the journey. NY. VI. Ref: Smyth of Nibley Papers, Smyth, 27. Pub: N.Y. Pub. Lib. Bull., Ill, 282. A. L. S. SEPTEMBER 2S 216.* William Tracy. A letter to John Smyth concerning his imprisonment. NY. VI. Ref: Smyth of Nibley Papers, Smyth, 28. Pub: N. Y. Pub. Lib. Bull, III, 282-283. A. L. S. SEPTEMBER 30 217.* Indenture between (Tporge Thorpe on one part and Roliert 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. 1620-1620/31] LIST OF THE RECORDS 145 OCTOBER 23 218.* Oapt. Butler. Captain Butler to Nathaniel Rich, stating difference between the 2 earls [South- ampton and Warwick]. PRO. VI. Ref: Manrhester Papers, No. 284. 210.* Sir Sdwiu Sandys. A letter to John Ferrar, with a reference to Lord Chamberlain. VI. Ref: Ferrar Papers. MC. [LC]. A. L. S. NOVEMBER 15 220.* Councell for Virginia. Declaration in addition to that of .Tuly 18 of phipa and supplies to be sent to Virginia, and soliciting; planters and money. Printed. NY. V. Ref: In " Declaration of the State of the Colony and Affaires in Virginia." See antt. No. 183; also anle, p. 89-90. DECEUBER 19 221.* Geo. Thorpe. A letter to John Smyth from "Southampton Hundred." NY. VI. Ref: Smyth of Nibley Papers, Smyth, 33. Pub: N. Y. Pub. Lib. Bull, III, 292-293. A. L. .S. 222. "Greevovs Grones for the Poore," dedicated to the "Company of the Virginian and Sommer Hand Plantations." Printed. NEWB. VII. 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. V. Ref: (2) Collection of Broadsides, James I, No. 194. (1) NY. (2) ANT. 224. Henry Fleet. Henry Fleet's Journal of Voyage in the "Warwick" to Virginia. LAMB. IV. Pub: Neill, The Engliih Colonization of America. 225.* Virginia Company. "A Comission granted by the Treasurer Counsell and Company for Virginia to S' Thomas Smith for the free fishinge on the coast of .America." BJI. [LC] III. Ref: Additional MSS., 14285, fols. 73-74. 226.* Earl ofWarwick 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. PRO. III. Ref: State Papers, Colonial, I, No. 4.5. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 498. 1620 21 JAirUARY 39 228.* Sir Geo. Teardley. Certificate to Council and Company of Virginia of the arrival at Berkeley of 60 persons, with list of names. NY. IV. Ref: Smyth of Nibley Papers. Smyth, 34. Pub: Calendar: N. Y. Pub. Lib. Bull. I, 189. A. S. of George Yeardley andjo: Pory, Seer. Seal and fitamp: double rose. 146 INTRODUCTION [1620/21-1621 JANTJAET 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. PRO. IV. A'. 37\ MAY 18 322.* Governor in Virginia. Commission hy governor and captain-general of Virginia to Captain Smith to command "Pasbehay." LC. IV. Rrf: MS. Rec. Virginia Co., Ill, pt. ii, p. 37. 156 INTRODUCTION [1622 323.* Virginia Company. "The Forme of a Patent for puch as are Aduenturers by payinge money into the Treasury of y* Company vndertaking to transp: and plant 100: persons." III. iJfr.- Additional MSS., 14285," fos. 49-53. BM. [LC] 324.* . "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.* . A grant for a private Plantation to Johnn Bounall, a Frenchman. BM. [LC] 111. Ref: Additional MSS., 14285, fos. 65-68. MAT 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. Puh: Sainsbury Calendar of Stole 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. 461-163. JTJNB 10 328. * Virginia Company. Letter to Governor and Council in Virginia, desiring some commodities sent, and especially silk for the King. LC. III. Ref: MS. Rec. Virginia Co., Ill, pt. ii, pp. 22, 23. JTTNE 16 329.* John Pountis. Petitions "To S' Francis Wyate Knight Governor and Captaine Generall of Virginia and to the rest of his Ma"" Counsell in Virginia." LC. IV. Ref: MS. Rec. Virginia Co., Ill, pt. ii, p. 58. JUNE 17 330.* The King. "A copy of the King's letter to the lis. touching the mainteining of the decree in Chacery for S'Tho. Smith against Mr. Bargrave." BM. PRO. [LC] I. iJf/.- (1) Additional MSS., 12496, fo. 450. Caesar Papers. (2) State Papers, Domestic, James I, Vol. 131, No. 38. Pnb: Sainsbury, Calendar of Slate 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., Ill, pt. ii, p. 37", 38. JUNE 19 332. John Martin, Robert Haswell. Petition to King to take certain forest land In Virginia into his own hands. LC. II. Ref: MS. Court Book, Virginia Co., II, 20. Pub: Kingsbury, Rec. Virgi7iia Co., II. Court of this date. 1622] LIHT OF THE RECORDS 157 333. Virginia Company. Answer of the counsell and company to the petition of John Martin and Hassell. LC. II. Ref: MS. Court Book, Virginia Co., II, 21. Puh: (1) Kingsbury, Rec. \'irgini/i. Co., II. (2) Brock, Virginia Compnny, 11,21. (.3) Neill, E., Virghiin Crnnpantj nf Londrm, .312-313. 334. Adam Dixon. Petition to King concerning the jiossession of land in Virginia. LC. 11. Ref: MS. Court Book, Virginia Co., II, 22. Pub: (1) Kingsbury, Rec. Virginia Co., II. (2) Brock, Virrfinia Com/ian;/, I, 188-189. Court of this date. 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, Rer. Virrjinia Co., II. (2) Brock, Virginia Compamj, I, 189. 336. William Kemp. The grievances of the inhabitants of Kikatan (Elizabeth City) by the testi- mony of William Kemp. LC. II. Ref: MS. Court Book, Virginia Co., II, 23. Pub: (1) Kingsbury, Rec. Virginia Co., II. (2) Brock, Virginia Company, 1, 190-191. Court of this date. 337. Virginia Company. Answer of the Virginia Company to the grievances of William Kemp. II. Ref: MS. Court, Book, Virginia Co., II, 23. LC. 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. LC. 11. Ref: MS. Court Book, Virginia Co., II, p. 24. 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. iJp/; MS. Court Book, Virginia Co., II, 2.^5. " LC. Pub: (!) Kingsbury, Rec. Virginia Co., II. (2) Brock, Virginia Company, I, 193-19.5. 340. . Letter to Captain ArgoU. LC. II. Ref: MS. Court Book, Virginia Co., II, 27-28. Ptib: Kingsbury, Rec. Virginia Co., II. JUNE 20 341.* 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. LC. IV. Ref: MS. Rec. Virginia Co., Ill, pt. ii, p. 38. JUNE 21 342.* . Proclamation against drunkenness, swearing, stealing boats. LC. IV. Ref: MS. Rec. Virginia Co., Ill, pt. ii, p. 46". jTJira; 27 343.* 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. LC. II. Ref: MS. Court Book, Virginia Co., II, 31. Pub: (1) Kingsbury, Rec. Virginia Co., II. (2) Brock, Virginia Company, I, 196-198. 158 INTRODVCTIOJf [1622 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, Kec. Virginia Co., II. (2) Brock, Virginia Company, I, 215-218. JtTLT 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. JtTLY 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. Letter to the governor and council in Virginia, endors- ing the King's letter. Printed. (1) HARV. (2) JCB. (3) NY. (4) PRIV. V. Pub: Sainsbury, Calfndar of Slate Papers, Colonial, pp.31, 41 (King's letter). Imprinted Felix Kingston. King's letter is mentioned in Doequet Book, James I. See anU, No. 160. JTJLT 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. JTTLY 13 349. 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. PRO. VII. Pef: State Papers, Domestic, James I, Vol. 132, No. 38. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 31. JTJLY 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. PRO. VII. Ref: State Papers, Domestic, James I, Vol. 132, No. 41. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 31. JTTLY 16 351.* 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. Piib: Sainsbury, Calendar of State Papers, Colonial, p. 31. Transcript; New York Public Library, Bancroft, I, fo. 477. 362.* 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., Ill, pt. ii, p. 36*. JXTLT 17 353.* Note of articles ready or to be provided for exportation by Virginia Company. BM. [LC] III. Ref: Cotton MSS., Otho, E. X., fo. 121. 1622] LIST OF THE RECORDS 159 JOLT 17 (I) 864. ♦ Note of arms in the Tower for which the Virginia Company are suitors. To be delivered to them. PRO. I. Ref: State Papers, Colonial, James I, Vol. II, No. 9. Pub: Sainsbury, Calendar of State Papers, Colonial, p. .32. JXTLY 28 365.* Privy Council. Order of Privy Council that old ca.st arms in Tower, unfit for modem use, be delivered to Virginia Company for use agaiust Indians. (1) PC. (2) PRO. [NY] I. Ref: (1) Privy Council Register, James I, Vol. V, p. 449. (2) Colonial Entry Book, Vol. 79, p. 202. Pub: Sainsbury, Calendar of Stale 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., Ill, pt. ii, pp. 23'-2.5. (2) Inetructions, Commis- sions, and Letters, 1606-1683, pp. 102-107. Pub: Neill, Virginia Company of London, pp. 322-333. 367.* John Smyth. A list of servants remaining in Virginia. NY. VI. Ref: Smyth of Nibley Papers, Smyth 3 (37), pp. 1.53-154. Pub: N. Y. Pub. Lib. Bull., Vol. Ill, pp. 293-294. Catalogue: Ibid., I, p. 187. Autograpti of John Smith. AUGUST 13 358.* Privy Council. A warrant staying the execution of Jas. Wharton and an order sending him to Virginia. PC. I. Ref: Privy Council Register, James I, Vol. V, p. 465. SEPTEMBER 359.* John Carter. Petition to the Privy Council of a poor distressed prisoner to be recommended for transportation to Virginia. PRO. III. Ref: State Papers, Colonial, James I, Vol. II, No. 12. State Papers, Domestic, James I, Vol. 133, No. 10. Pub: Sainsbury, Calendar of Slate Papers, Colonial, p. 33. 360.* "A vrarrant to the lord Trer, to give order . . . for . . . delivery vnto the Company tor the Virginia Plantacon of 1000. brnwne bills." PRO. I. Ref: Docquet Book, Signet OfRce, 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. III. Ref: Ferrar Papers. MC. Pub: Virginia Mag. of Hist., X, 417-418. A. L. SEPTEMBER 10 862.* 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. LC. IV. Ref: MS. Rec. Virginia Co., Ill, pt. ii, pp. 38', 39. 16465— VOL 1—06 11 160 INTRODUCTION [1622 BEPIEMBEB 11 363. " The Late Massacre in Virginia." "A Poem." PRO V. lit'/: Manchester Papers. Pub: Cited: Amer. Hut. Assoc. RpL, 1896, I, pp. 1251-1261. SEPTEMBER S3 364.* Sir Edwin Sandys. Letter to John Ferrar, concerning booljs and letters to be sent to Colony by "Abigail." MC. [LC] III. Ref: Ferrar Papers. A. L. S. 1622 3 BETWIIEN OCTOBER AND JANUARY 365.* Thomasin Woodshawe. Petition to the governor of Virginia. LC. IV. Eef: MS. Rec. Virginia Co., Ill, pt. ii, p. 58. 366.* Richard Pace. Petition to governor and council in Virginia. LC. IV. Ref: MS. Rec. Virginia Co., Ill, pt. ii, p. 58. 1622 OCTOBER 7 367.* Virginia Company. A letter to the governor and council in Virginia, concerning further advice about destroying the Indians. LC. III. Ref: MS. Rec. Virginia Co., Ill, pt. ii, p. 25a-27. Pub: Neill, Virginia Company of London, pp. 347-359. OCTOBER 13 368.* 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. LC. IV. Ref: MS. Rec. Virginia Co., Ill, pt ii, p. 58. OCTOBER 33 370.* 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., Ill, 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., Ill, 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 LTds, and the Cape Merchant of the Virginia Company be present. PC. I. Ref: Privy Council Register, Jamea I, Vol. V, p. 509. 1622] LIST OF THE RECORDS 161 NOVEMBER 2 373.* George Saudis. 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. &/.• MS. Rec. VirginiaCo., Ill, pt. ii, p. 39. LC. NOVEMBEB 13 374.* 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., Ill, 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. (I) JOB. (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. PRO. VII. Ref: State Papers, Domestic, James I, Vol. 134, No. 15. Pub: Calendar: State Papers, Domestic, Vol. 134. NOVEMBER 20 377.* 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. PC. NOVEMBER 26 378.* Privy Council. Order to Capt. John Bargrave vs. Sir Thomas Smyth to deliver his complaint in writing. PC. 1. Ref: Privy Council Register, James I, Vol. V, p. 518. DECEMBER 379.* Henry Marten. Decree in case of the Virginia Company with Wye, absohnng Wye. III. Ref: Admiralty Court, Instance and Prize, Libels 81, No. 216. PRO. [LC] 380.* Younge vs. Roberts, on ground that Wye, master of ship Garland, expelled Younge on a.=per- 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 V^irginia Company. PRO. VII. Ref: State Papers, Domestic, James I, Vol. 134, No. 59. DECEMBER 9 382.* John Marten. "The Requests of my brother John Marten to the Virginia Copany: his offer touch, that Copany." 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. LC. IV. Ref: MS. Rec. Virginia Co., Ill, pt. ii, p. 47. 162 INTRODUCTION [1622-1623 DECEMBER 16 384.* Jli3. [John] Martin. "The manner howe to bringe the Indiana into subjection w^out makinge an utter extirpation of them together w"' the reai=on.«." BM. [LC] VI. Ref: Additional MSS., 12496, fos. 459-460. (Caesar Papers.) 385.* "The manner howe Virginia may be made a Royall plantation ." BJVI. [LC] VI. Ref: Additional JMSS., 12496, fos. 456-457. (Caesar Papers.) DECEMBER 17 386. Council for New England. Letter to be written to the treasurer of Virginia Company against Jones for robbing natives of New England of tiieir furs and taking some prisoners. VI. Ref: State Papers, Colonial, James I, Vol. II, pp. 24-25. PRO. Pub: Sainsbury, Calendar of State Paperi!, Colonial, p. 35. DECEMBER 18 387. Sir Thomas Coventry. Sir Thomas Coventry (attorney general) to the Earl of Middlesex, returning the Proclamation for Tobacco, corrected. KP. 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. (1) LC. (2) PRO. [NY] IV. Ref: (1) MS. Court Book, Virginia Co., II, 271-2. (2) State Papers, Colonial, James I, Vol. II, No. 20. Pu6.' (1) Kingsbury Rec. Virgiytia Co., II. (2) Brock, Mrginia Company, II, 171- 173. (3) Sainsbury, Calendar of State Papers, p. 39. 1623 389.* Governor and Council ofVirginia. 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. Pvb: Sainsbury, Calendar of State Papers, p. 56. [1622 3] 390. Paper touching the discussion of salaries iu the Summer Islands company. PRO. II. P^ff: Manchester Papers, No. 300. Pub: Hist. MSS. Com., Eighth Report, pt. 2, p. 38. 1623 (?) 391.* Proportion of the charge to furnish and transport six men to Virginia, estimated at £114 19'. 6''. 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 Librarj', 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 poimds. III. Ref: ;\ISS. of Earl De La Warr. KP. Pub: Calendar: Hist. MSS. Comm., Fourth Report, p. 283. I 1623-1623/3] LIST OF THE RECORDH 163 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. PRO. I. Ref: State Papers, Colonial, James I, Vol. II, No. 37. Pub: (1) Anderson, History of the Church of England in Die C'oioniea, pp. 31.5-316. (2) SaLnsbury, Calendar of Slate Papers, Colonial, p. 49. Date in Sainabury, 16i;i, but given by Alexauder 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 tlie autogrraph of John Ferrar. Photographic reproduction in the Library of Congress. 895.* Alderman Johnson. "Alderman John-sons Declaratione of the Prosperous estate of the Colony duringe Sr Th. Smiths tyme of Gouerment." (1)LC. (2) PKO. [LC] IIL Ref: (1) MS. Rec. VirginiaCo., Ill, pt. l,p. 4. (2) Manchester Papers, Nos. 344-34«. 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. PRO. Ref: Manchester Papers, No. 311. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 38. Autograph of Edward Colliugwood (?). 1622 3 BET-WTEEN JANTJAjRY AND APETL 897.* John Robinson's son. Petition to Governor Wyatt. LC. IV. Ref: MS. Rec. Virginia Co., Ill, pt. ii, p. 5IS.« JAJTOABY 3 398.* Governor in Virginia. Instructions by governor and captain general of Virginia to Tucker concerning trade. LC. IV. Ref: MS. Rec. Virginia Co., Ill, pt. ii, p. 36. JANUAKY 4 399.* Ch..rles Harmoun. Petition to Governor Wyatt. LC. IV. Ref: MS. Rec. VirginiaCo., Ill, pt. ii, p. 38. JANTJARY 20 400.* 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. VirginiaCo., Ill, pt. ii, i)p. ■l-ii.'^ Pub: Neill, Virginia Company of London, pp. 303-376. 164 INTRODUCTION [1622/3 JANTTAHY a a 401.* Privy Council. Order that John Bargrave forbear troubling Sir Thomas Smith. PC. I. Ref: Privy Council Register, James I, Vol. V, p. 564. JANTJAKY 24 402.* George Harrison. Letter to his brother, John Harrison. Accounts with Mr. Bennett. PRO. V'l. Ref: State Papers, Colonial, James I, Vol. II, No. 17. Pub: Sainsbury, Calendar of .State Papers, Colonial, p. 36. [FEBRtTABT] 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 aud Summer Island Companies, especially the salary, (fragment). PRO. VI. Ref: Manchester Papers, No. 304. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 38. [FEBRUAEY] ? 405.* Papers touching discussion of salaries in the Summer Island Company, on Feb. 17, 1622/3, Jmie 10, 1618. PRO. II. Ref: Manchester Papers, No. 309. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 38. FEBRXJAKY 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. FEBBTTARY 4 407. Mr. Wrote. Mr. Wrote's Project concerning salaries. LC. II. Ref: MS. Court Book, Virginia Co., II, 136. Pub: Kingsbury, Rec. ]'irginia Co., II. 408. Objections against the salaries. 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. LC. IV. Ref: MS. Rec. Virginia Co., Ill, pt. ii, p. 51*. FEBRUARY 27 410. 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 Ferrar. 1682/3] LIST OF THE RECORDS 165 [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. PRO. III. Ref: Manchester Papers, Nos. 312, 313. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 38. 412. Paper touching the discussion of salaries in the Summer Islands Company. PRO. VII. Ref: Manchester Papers, No. 310. Rub: Calendar: Hist. MSS. Com., Eiyldh Report, pt. 2, p. 38. 1623/3. MASOH. TO 1624, JTJLY 413.* Bough notes of an estimate of the value to the King for a year of the proposed preemption of tobacco and pepper. PRO. HI. Ref: Manchester Papers, No. 314. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 38. [MAECH] 414.* [Sir Nathan. Rich.] Notes on the Tobacco Contract. PRO. III. Ref: Manchester Papers, No. 316. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 39. MABCH 415.* G. S. [andys]? A letter to Mr. Farrer by the " Hopewell." PRO. IV. ReJ: Manchester Papers, No. 318. Pub: Hist. MSS. Com., Eighth Report, pt. 2, p. 39. A. L. S. Photogrraph of autograph in the Library of Congress. MARCH 4 416. Privy Council. Order concerning the importation of goods from colony to enforce order of October 21, 1621. (1) LC. (2) PRO. (3) PC. [NY] II. 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, Re.e. Virginia Co., Vol. II. (2) Brock, ]'irginia Company, II, 126-127. (3) Suinsbury, 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. LC. IV. Ref: MS. Rec. Virginia Co., Ill, pt. ii, p. 51\ MARCH 6 418. Virginia Colony. Petition to King concerning the tobacco trade. LC. II. Ref: MS. Court Book, Virginia Co., II, 221. Pub: (1) Kingsbury, Rec. Virginia Co., Vol. II. (2) Brock, Virginia Comprny, II, 221. MARCH B 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, .inswei to Privy Council, concerning importation of goods and tobacco from colony. LC. II. Ref: MS. Court Book, Virginia Co., II, 236-237. Pub: (1) Kingsbury, Rec. Virginia Co., II. (2) Brock, Virginia Company, II, 130-131. 166 lyXRODVCTION [1622/3-1623 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. II. Ref: Ferrar Papers. MC. [LC] Photographic reproduction in Library of Congress, Signed by Ed. ColUugwood. Indorsed in autograph of ColUngwood. 422.* A rough draft of above. MC. LC. II. Ref: Ferrar Papers. Indorsed in CoUingwood's and John Ferrar's writing. Holograph of Ed. CoUingwood. MAECEC 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. MAECH 20 424.* Reasons offered to Privy Coimcil against Sir Edwin Sandys's contract and joint stock for the N'irginia and Summer Island tobacco, and against monopoly of tobacco. PRO. [NY] III. Ref: State Papers, Colonial, James I, Vol. Ill, 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, 1622/8. MABCTH 34 425. 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. MASOH 37 426.* [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 KABOH 38 427.* George Sandys. Letter from George Sandys to Samuel Wrote. PRO. IV. Ref: Manchester Papers, No. 319. Pub: Neill, E., Virginia Vetmta, pp. 122-127. Calendar: Hist., MSS. Com., Eighth Report, pt. 2, p. 39. Holograph. 428. Samuel Matthews. A letter concerning the property of Thomas Sheffield, and his son, who was tongue-tied. PRO. HI. Ref: Admiralty Court, Instjtuce and Prize, Libels 80, No. 118. 1628] Lli^T OF THE RECORDS 167 MAHCH 30 439.* George Sandys. A letter to hin brother, Sir Samuel Sandys, imputing the cause of "theyr ill proceedings to y' directions from hence." PRO. IV. Ref: Manchester Papers, No. 320. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 39. 430.* A letter to his brother. Sir Miles Sandys, complaining that the colony would have been strong had they settled clo.se together. PRO. IV. 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. PRO. [N^'] Pub: Sainsbury, Calendar of Hldie Papers, Colonial, p. 41. Transcript: New York Public Library. Bancroft Papers, 11, folios 9-13. UABCH 31 432.* William Capp. A letter to John Ferrar complaining of George Sandys, approving the gov- ernor, and censuring the company. PRO. IV. Ref: Manchester Papers, No. 322. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 39. [MARCH OR APRIL (?)] 433.* William Capps. A letter to Dr. Wynston, censuring the council. A friend of Captain Butler. VI. Ref: Manchester Papers, No. 323. PRO. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 39. [APRIL?] 434.* [Nathan. Rich] Bargrave's charge against Sir Thomas Smyth, with answers in rough draft by [Nathan. Rich.] PRO. VI. Ref: Manchester Papers, No. 351. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 43. [APRIL OR MATP] 435.* Nathan. Butler. A letter to Nathaniel Rich. PRO. VI. Ref: Manchester Papers, No. 355. Pib: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, pp. 43-44. 436.* List of names of persons fit to be Governor and Deputy Governor of Vh'ginia and Summer Island Companies. PRO. VI. Ref: Manchester Papers, Nos. 356, 357, 358, 359. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 44. [APRXL-JTrNE] 437.* [Nathan. Rich] Notes of the " Ires from Virginia; all but Frethonie's, wch must be added out of the Coppy at large." PRO. VI. Ref: Manchester Papers, No. 340. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 42. BETWEEN APRIL AND MAT 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 IJiTRODUCTION [1623 BET'WEEN APRIL AND JXTUTE 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. PRO. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 42. 440.* [Alderman Joh.nson] Part of a draft of a statement (under heads numbered 10-39) touching the miserable condition of Virginia and its causes. PRO. VI. Eef: 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. PRO- IV. Ref: Manchester Papers, No. 349. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 43. 442.* [N. Rich] Beginning of rough draft of a certificate affirming the truth of statements of Captain Butler. PRO. III. Ref: Manchester Papers, No. 3.50. 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. PRO. VI. Ref: ^Manchester Papers, No. 352. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 43. [APRTL?] 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. PRO. III. Ref: .Manchester Papers, No. 353. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 43. APMIi 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. (l)PRO. (2) LC. VI. Ref: (1) Manchester Papers, No. 328. (2) MS. Court Book of the Virginia Company, II, 270-271. 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. Tliis is recorded in the Court Book under the date of April 18. 446.* " Names of Adventurers that dislike y' present proceedings of business in y' Virginia and Somers Islands Companies." PRO. VI. Ref: Manchester Papers, No. 327. Pub: Brown, Genesis, II, 982. Indorsement in autograph of N. Rich. [APRTLJ 447.* "Articles of Inquirie for the Coimc" of Virginia" etc. Addressed to Nath. Rich. PRO. VI. Ref: Manchester Papers, Nos. 331, 332, 333. Pub: Calendar: Hist. MSS. Com., EigtUh Report, pt. 2, p. 40. Autograph similar to Qeorge Sandys's. 1623] LliiT OF THE UBC0RD8 169 [APBXL?] 448.* Alderman Joliuson. "Alderman Johnson's rough draught to a Cotnission & the peticon to his Mat)'." PRO. [LC] VI. Ref: Manchester Papers, No. 329. Pub: Calendar; Hist. MSS. Cora., Eighth Report, pt. 2, p. 40. Photograph of part in Library of Congress. 449.* Heads of inquiries in Virginia l)y commissioners there. PRO. VI. Be/: Manchester Papers, No. 334. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, pp. 40-41. Autograph similar to John Harvey's. 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. 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. NY. VI. Ref: Smyth of Nibley Papers, Smyth, 3 (38), p. 15.5. Pub: Catalogue: N. Y. Pub. Lib. Bull., I, 157. In John Smith's autograph. BETTVEEN APKIL AlTD SEPTEMBER 452.* Samuel Moll. Petition to Governor Wyatt to sell and return to England. LC. IV. Ref: MS. Rec. Virginia Co., Ill, pt. ii, p. 59". 453.* Thomas Passmore. Petition to Governor "Wyatt concerning service of indentured servant. IV. &/; MS. Rec. Virginia Co., Ill, pt. ii, p. 59. LC. 464.* Petition to Governor Wyatt by "Margaret and John's" Company, asliing freedom from bond to Mr. Douglas. LC. IV. Ref: MS. Rec. Virginia Co., Ill, pt. ii, p. 59. APmi, 2 AND 3 456.* Richard Frethorne. A copy of a letter to his father and mother, concerning suffering from want. PRO. VI. Ref: Manchester Papers, No. 325. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 40. AETER APRIL 4 466.* 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., Ill, pt. ii, p. 7. APRTL 4 467.* Council in Virginia. Letter to Virginia Company of London, describing attempts for sassa- fras & silke-grass; return of planters to different houses, etc., and treiity with Indians. (1)'lC. (2) pro. IV. Ref: (1) MS. Rec. Virginia Co., HI, pt. ii, pp. 6, 6». (2) State Papers, Colonial, James I, Vol. II, No. 22. Pub: Sainsbury, Calendar of State Papers, Colonial, pp. 41—12. APRIL 13 458. Virginia Company. Petition to the King concerning .\lderman Johnson's petition. LC. III. Ref: BIS. Court Book, Virginia Co., II, 263-264. Pub: (1) Kingsbury, Rec. ]'irginia Co., II. (2) Brock, Virginia Company, 11,164. 170 IXTRODVCTIOW [1623 459.* Sir Francis Wyatt. A letter to John Ferrar, giving particulars of rebuilding of colony and adx-ieing extinction of the Indians and martial law. PRO. [NY] IV. Ref: State Papers, Colonial, James I, Vol. II, No. 26. Pub: Sainabury, Calendar of State Papers, Colonial, p. 42. Transcript, New York Public Library, Bancroft Papers, II, tos, 33-41. APRTT, 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 Stale Papers, Coloriial, p. 42. No. 35 is an autograph letter and is indorsed Sandys to the Company. Transcript, New York Public Library, Bancroft Papers, II, fos. -15-59. APHUi 11 461.* George Sandys. A letter to John Ferrar. PRO. IV. Ref: Manchester Papers, No. 326. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 40. APKTL 13 462. Virginia Company. A relation to the King concerning the proceedings of colonies. (1)LC. (2) PRO. III. Ref: (1) MS. Court Book, Virginia Co., II, 255-263. (2) Manchester Papers, No. 360. Pub: (1) Kingsbury, Rec. Mrgiiiia Co., II. (2) Brock, Virginia Company, II, 152-162. (3) Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 44. 463. A declaration of the present state of Virginia presented to the King. LC. III. Ref: MS. Court Book, Virginia Co., II, 253. Pub: (1) Kingsbury, Rec.Virginia Co., II. (2) Brock, Virgi7iia Company, II, 148-151. APKXL 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., \l,2iZ-2i4:. (2) &a.msbwy. Calendar of Stale 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 16 466.* Captain Kendall. .A. letter from the Summer Islands to Sir Ed. Sandys telling of the blowing up of the "Seafiower," bound for Virginia. MC. [LC] IV. Ref: Ferrar Papers. .\. L. S. Photographic reproduction of part and transcript in the Library of Congress. APRn. 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. PC. 1. Ref: Privy Council Register, James I, Vol. V, pp. 668-669. Pah: (1) LeFroy, Memorials of the Bermudas, I, 289-290. (2) Sainsbury, Calendar of Stale Papers, Colonial, p. 44. 1628] ^Jl^T OF THE RECORD!? 171 468. Lord Treasurer Middlesex. A letter to Seiretary Conway, concerning proceedings in Privy Cijuncil for the King's information respecting the differences of the two companies of Virginia and Somers Inlands. PRO. I. Hef: State Paper.^!, Domestic, .rame.s I, Addenda, A'ol. 4.3. Pvh: (1) LeFroy, Mrmoriah of the Bermuda.", I, 290-291. (2) Sainabury, Calendar nf State Pdpers, Colonial, p. 44. APRIL 19 489. John Chamberlain. A letter to Sir Dudley Carleton concerning the great faction in the Virginia Company. PRO. VII. Ref: State Paper.", Domestic, James I, Vol, 143, No. 22. Pub: Sainsbury, Calendar of Stale Papers, Colonial, p. 44. APKTL 21 470.* "Coppie of the Courte books deliuered by order of the Lords of his Ma"" Counsell to the Secretary." A Receipt for Court Book.s from .Jan. 28, 1606, to April 2, 162.3. III. Ref- Ferrar Papers. MC. [LC] Pbr,(7ima Compnni/, 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. III. Ref: MS. Court Book, Virginia Co., II, 299. Pub: (1) Kingsbury, Rec. Virginia Co., II. (2) Brock, Mrginia Company, II, 205-207. MAY [BBTVTEEN 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. S' E. Sandys, Mr. John and Nicholas Farrar to appear with certain writings of ^lay 7." PRO. "[LC] III. Ref: Manchester papers. No. 366. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 45. 174 INTRODUCTION [1628 496.* Secretary Conway. A letter to Sir Ed. Sackville, from Theobalds, concerning the petition on behalf of Virginia. PRO. VI. Ref: State Papers, Domestic, James I, Vol. 214. Pub: Sainsbury, Calendar of Stxite Papers, Colonial, p. 45. 497.* . A letter to Secretary Calvert, from Theobalds, to hasten the passing of the commiB- sion concerning Virginia. I. Eef: State Papers, Domestic, James I, Vol. 214. Pub: Sainsbury, Calendar of State Papem, Colonial, p. 45. [PBOBABLT BEFOKE MAY 7] 498.* Governor in Virginia. Proclamation of the governor and captain-general of Virginia to be careful of the savage treachery. LC. Ref: MS. Records, Virginia Co., Ill, pt. ii, p. 47*. MAX 9 499.* Privy Council. Commission to Sir William Jones, Sir Nicholas Fortesoue, Sir Thomas Gofton, Sir Richard Sutton, Sir William Pitt, Sir Henry Bourchier, and Sir Henry Spiller to investigate the conditions of disputes in Virginia, and report method of procedure. (1) BM. (2) PRO. (3) LC. I. 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., Ill, 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., HI, 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. LC. IV. Ref: MS. Rec. Virginia Co., Ill, pt. ii, p. 40. 503.* . Commission by governor of Virginia to Capt. Ralph Tucker to go against the Indians. LC. IV. Ref MS. Rec. Virginia Co., Ill, pt. ii, p. 50'. MAY 13 504.* Governor in Virginia. Warrant of governor in Virginia for sending every twentieth man to work on the fort at ^A'ariscayack. LC. IV. Ref: MS. Rec. Virginia Co., Ill, pt. ii, p. 51*. 505.* Privy Council. Order demanding that John and Nicholas Ferrar, of the Virginia Company, be confined to houses till further order, a.s guilty of contempt of Order of Council Table. (1) PRO. (2) PC. I. Ref: (l)ColonialP:ntry Book, Vol. 79, pp. 205-206. (2) Privy Council Register, James I, Vol. V, p. 699. F^b: (1) Brown, First Republic, 526. (2) Sainsburj', Calendar of State Papers, Colonial, pp. 45-46. 1633] Liar OF THE RECORDS 175 606.* Secretary Calvert. A letter to the Earl of Southampton, notifying the Virginia Company not to proceed with election of ofhcera until the pleasure of King be known. I. Ref: State Papers, Colonial, James I, Vol. II, No. 29. PRO. [XY] Pub: Sainsbury, Calendar of Slate Papers, Colonial, p. 46. Transcript: New York Public Librarj'. Bancroft Papers, II, foa. 101-2. 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. PRO. Puh: Sainsbury, Calendar of Stale Papers, Colonial, p. 46. MAT 16 508.* [Nathan Rich.] " Note which I presently took of Captain John Bargrave's discourse to me concerning Sir Edwin Sandys." PRO. VI. Ref: Manchester Papers, No. 368. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 4.5. HAT 18 509. The Eing. Letter to the Virginia Company concerning the appointment of Commissionere. I. Ref: MS. Court Book, Virginia Co., II, 317-318. LC. Pab: (1) Kingsbury, Rec. Virginia Co., II. (2) Brock, Virginia Company, II, 217. MAT 18. ai 510.* Privy Council. Orders releasing Lord Cavendish, Sir Edwin Sandys, and John and Nicholas Ferrar. PC. I. Ref: Privy Council Register, James I, Vol. I, p. 709. [AFTEB MAT 18] 511.* Virginia Company. Reasons alleged to persuade the King to reconsider bis letter of May 18 not permitting members of Company to meet unless having planters in Virginia, in. Ref: Manchester Papers, No. 376. PRO. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 46. For the petition formulated, see ank No. 482. MAT 20 512.* 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. PRO. I. Ref: Manchester Papers, No. 369. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 45. MAT 22 618.* 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 Conimis.'jioners 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 5I(«<« Papers, Colonial, p. 46. MAT 28 514.* Governor in Virginia. Commission by governor and captain-general of Viniinia to Captain Pierce to be captain of y' guard. LC. IV. Ref: MS. Rec. Virginia Co., Ill, pt. ii, p. 40'. 16455— VOL 1—06 12 176 INTRODUCTION [1623 [JUNB OR JTTLY P] 616.* Draft of a preliminary report of the commissioners on the condition of the colony of Virginia. VI. Ref: Manchester Papers, No. 382. PRO. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 46. [JTTNEP] 616.* [N. Kich.] 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. JTTNE(?) 617.* 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 Stale Papers, Colonial, p. 30. JUNE 618.* 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, CaUttdar 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: (!) Virginia Mag. of Hist, IV, 299-310. (2) Sainsbury, Calendar of Stale Papers, Colonial, p. 47. jxjjns 4 520. The King. Letter to the Virgmia Company. (1) LC. (2) PRO. I. Ref: (1) MS. Court Book, Virginia Co., II, 319. (2) Manchester Papers, No. 378. Pub: (1) King.«bury, 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 tlic autograph signature of Ed: Collingwood, Secre. 621.* 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. JTTNI! 14 622. Colony in Virginia. Letter to Virginia Company, concerning a settlement about the fort, Martin's llmidrid, and tlu- seizing of Dutch and French Traders a.s prizes. LC. IV. Ref: MS. Court Book, Virginia Co., II, 348. Pub: (1) Kingsbury, A'fc. Virginia Co., U. (2) Brock, Virginia Company, 11, 228-9. 1623] LIST OF THE RECORDS 177 623.* "Notes Taken out of Trea wch came from Virginia in the Abigail and were del the Com"" VI. He/: Manchester Papers, Nos. 338, 339. PRO. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, pp. 41-42. jmrs 33 524.* [Sir Nathaniel Rich]. Draft of a proposition, delivered to the Lord Treasurer, for resettling the estate of Virginia. PRO. VI. Ref: Manchester Papers, No. 379. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 46. 626. James I. Letter to Virginia Company, to forbear election of officers. (1) LC. (2) PRO. I. Ref: (1) MS. Court Book, Virginia Co., II, 329. (2) Manchester Papers, No. 380. Pub: (1) Kingsbury, Rec. ]'irginiaCo., II. (2) Brock, X^irginia Company, 11, 220-221. (3) Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 46. TUVE as 626. A quarter court held for Virginia. MO. II. Ref: Ferrar Papers. Pub: Kingsbury, Rec. Virginia Co., 11. Original of tlie entry In the MS. Court Book; see date. JXTITB 30 627.* 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, Jamea I, Vol. 147, No. 88. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 47. [JTJI.Y f] 628.* 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. PRO. Vl. Ref: Manchester Papers, No. 387. Pub: Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 47. 529.* Captain Baily. I. Project that the King should make a plantation in Virginia or New Eng- land by transportation of poor. 11. Project concerning Virginia. PRO. VI. Ref: State Papers, Domestic, James I, Vol. 189, Nos. 36, 53. Pub: Sainsbury, Calendar of State Papers, Colonial, pp. 50, 56. JTJLY 3 630. Virg:inia 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 Cumpang, II, 226. (3) Sainsbury, Calendar of Slate Papers, Colonial, p. 47. Transcript: New York I'liblir Library, Bancmft papers, Vol. II. (os. 113-ll.i. 178 INTRODUCTION [1623 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 for better government. PRO. [NY] VII. Ref: State Papers, Colonial, James I, Vol. II, No. 35. Pub: Sainsbury, Calendar uf State Papers, Colonial, p. 47. Transcript: New York Public Library, Bancroft papers, Vol. II, fos. 109-111. 632.* 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 Hi»t., 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. PRO. I. Ref: State Papers, Colonial, James I, Vol. II, No. 35. Pub: (1) Brown, First Republic, 543. (2) Sainsbury, Calendar of State Papers, Colo- nial, p. 48. JVLY 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. PRO. VII. Ref: State Papers, Domestic, James I, Vol. 148, No. 19. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 48. JTJLT 4 535.* 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 Stale Papers, Colonial, p. 49. Transcript, New York Public Library, Bancroft Papers, Vol. II, fos. 129-131. JTJXY [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. 136-149. jtriiY 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. lief: Privy Council Rejiister, 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, .Tames 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] Lim' OF THE RECORDS 179 539. "At a Court held for Virginia on Friday in y'^ Forenoone y" 4th of July, 1623." MC. II. Ref: Ferrar Papers. Pub: Kingsbury, Rec. Virginia Co., II. Original of the entry In the MS. Court Book, see date. 540. Lord President Mandeville. A letter to Secretary Conway, concerning the mea-sures taken by the Virginia Company for the relief of the colony. PRO. [NY] VII. Rcf: State Papers, Colonial, James I, Vol. II, No. 40. Pub: Sainsbury, Calendar of tStaie Papers, Colonial, p. 49. Transcript, New Yorli Public Library, Bancroft Papers, Vol. II, fos. 13S-137. 541. Virgrinia Court. " M' Deputy acquaynted y'' Comp' that according to y" direccon of >■' Last Court he presented to y' LL", of his Ma" privy Counsell a short Declaracon that was then ordered to be drawne vp, wherein (among other things) was signifyed of y' Com- panies intent to send a speedy supply to Virginia." JIG. II. Ref: Ferrar Papers. Pub: Kingsbury, Rec. Virginia Co., post, II. Original of the entry in the MS. Court Book, see date. 542. [N. Rich. ] Rough draft of heads of charges against governors of Virginia Company presented to the commissioners. PRO. VI. Ref: Manchester Papers, No. 386. Pub: Calendar: Hist. MSS. Com., Eiglith Report, pt. 2, p. 47. 643.* Becord of a meeting of the grand committee to answer to the 1.5 articles prepared against the company at a meeting of the commissioners. MC. III. Ref: Ferrar Papers. JTTLT 17, 23 544.* Governor Wyatt. Commission to Capt. Pierce to burn y' 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., Ill, pt. ii, p. 41. LC. 545.* Privy Council. Order giving allowance of pay to officers attending on the commissioners to examine the Virginia business. PC. I. Ref: (1) Colonial Entry Book, Vol. 79, p. 207. (2) Privy Council Register, James I, Vol. VI, p. 72. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 50. 646.* [Secretary Conway.] A letter to Sir Thomas Sraythe et al., asking their opinion on Captain Baily's proposition. PRO. VI. Ref: State Papers, Domestic, James I, Vol. 149, No. 16. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 50. 180 IXTRODVCTION [1623 JTJLY sa 647.* 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. JUIjY 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] 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. lo7-161. JTTLY 26 !j49. 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. Mef: State Papers, Domestic, James I, Vol. 149, No. 48. Pub: (1) J.eFToy, Memorinls of the BiTuuidas,!, 322-323. (2) Sainsbury, Cn/enrfar o/ State Papers, Colonial, p. 51. JXTLT 28 550.* Lord President Mandeville. A letter to Secretary Conway, stating that the Attorney- Cieneral 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. jxruY 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. 1. Ref: State Papers, Colonial, James I, Vol. II, No. 43. PRO. [NY] 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. Ityj-l/l. 552.* Note of victuals and provision sent by private persons to Virginia in the "George," which is to go to Gravesend on Monday ne.\t. [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. 163-155. [Gives date July 23.] AUGtrST 553.* Protection to Captain John Bargrave. PRO. I. Ref: Docquet Book. Signet Office. ATJGUST 6 554.* Virginia Company. Letter to the governor and council in Virginia, concerning the letter of Lords Council in regard to a change in government. LC. III. Ref: (1) MS. Rec. Virginia Co., Ill, pt. ii, pp. 28-30. (2) Instructions, Commissions, and Letters, 1606-1683, pp. 113-124. I 1623] LIST OF THE RECORDS 181 AUGUST 12 555. liOrd Chichester. A letter to the Countess of Warwick touching the projected duel between tlie Earl of Warwick and Lord Cavendish. PRO. VII. Ref: Manchester Papers, No. 160. Pub: Calendar: Hist. MfSS. Com., Eighth Kqiorl, pt. 2, p. 29. AUGUST 31 556.* Governor in Virginia. Proclamation settling the rates of commodities. LC. IV. Uef: MS. Kec. Virginia Co., Ill, pt. ii, p. 48». 557.* Proclamation about the payment of debts. LC. IV. Ref: MS. Rec. Virginia Co., Ill, pt. ii, p. 49. BETWEEN BEPTEMBEK AND OOTOBEK 558.* Stephen Ging'by and others. Petition to governor of Virginia by Stephen Gingby and the rest of the company belonging to the "Everett" of Midleburough. LC. IV. Rff: MS. Rec. Virginia Co., Ill, pt. ii, p. 60. 559.* William Crakeplace. Petition to the governor in Virginia, demanding that the contract with Mr. I>angley be fulfilled by Mr. Douglas, his successor as ma^'ter of the " Margaret and John." LC. IV. ReJ: MS. Rec. Virginia Co., Ill, pt. ii, p. 59». SEPTESCBEB 4, 8 560.* John Penreis. Petition to governor and council in Virginia in regard to rights of trading. IV. Ref: MS. Rec. Virginia Co., Ill, pt. ii, p. 59". LC. SEFTEBIBER 4 561.* Governor in Virginia. Proclamation about trading with Indians for corn in the bay. LC. IV. ReJ: MS. Rec. Virginia Co., Ill, pt. ii, p. 49. SEPTEMBER 16 568.* Invoice of goods sent to Virginia by John Harrison in "Marmaduke," John Dennis, master, for use of George Harrison. PRO. VI. ReJ: State Papers, Colonial, James I, \o\. II, No. 44. Pub: Sainsbury, Calendar of Stale Papers, Colonial, p. 52. SEPTEMBER 21 563.* Governor in Virginia. Proclamation about stealing of birds and beasts of domestical and tame nature. LC. IV. Ref: MS. Rec. Virginia Co., Ill, pt. ii, p. 49. 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. IV. iif/.- MS. Rec. Virginia Co., Ill, pt. ii, p. 60a. LC. BET'WEEN OCTOBER AND FEBRUART 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., HI, pt. ii, p. 60. 182 IXTRODUCriON [1623 1623 OCTOBEB 566.* Thomas Pasmore. Petition to governor of Virginia, concerning payment by Valentine Osserly of money due. LC. IV. Ref: MS. Rec. Virginia Co., Ill, pt. ii, p. 60. 567.* Governor in Virginia. Warrant for the levy of taxes. LC. IV. Bef: MS. Rec. Virginia Co., Ill, pt. ii, p. 52, 52a. 568.* . 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. LC. IV. Ref: MS. Rec. Virginia Co., pt. ii, pp. 52-52'. 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. Ref: State Papers, Domestic, James I, Vol. 153, No. 14. Puh: Sainsbury, Calendar of State Papers, Colonial, p. 52. OCTOBER 8 670.* 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. (l)-(3) LC (4) PRO [NY] I. Ref: (1) MS. Rec. Virginia Co., Ill, pt. i, p. 2'. (2) MS. Court Book, Virginia Co., il, 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. Pub: (1) Kingsbury, Rec. Virginia Co., post, II. (2) Brock, ]'irghiia 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, tos. 177-181. 571.* . Order for S' 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] I. 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 Slate 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 Wor" S' Francis Wyatt Knight Gouernor and Captaine Generall of Virginia. The humble Petion of George Jemison" and M'. Undergod of the ship " Everett." LC IV. Ref: MS. Rec. Virginia Co., Ill, pt. ii, p. 60. OCTOBER 16 573.* 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: (!) Privy Council Register, James I, Vol. VI, p. 125. (2) Colonial Entry Book, Vol. 79, p. 196. Pub: Sainsbury, Calendar of Stale Papers, Colonial, p. 52. 1623] LIST OF TEE RECORDS 183 674. Virginia Company. Answer to an order of the Privy Council of October 8, 1623, begging respite until November 9. (1) PRO. (2) LC. [NY] III. Re/: (1) MS. Court Book, Virginia Co., II, .340. (2) State Papers, Colonial, Jamea I, Vol. II, No. 46. Pub: (1) Kingsbury, Rer. Virginia Co., II. (2) Brock, Virginia Ormpany, II, 231-2. (3') .Sainwbury, Calendar of Stale Papers, Colonial, p. .52. Transcript, New York Public Library, Buncroft Papers, Vol. 11, los. 18.S-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 Stale Papers, Colonial, p. 53. 676. Privy Council. An order to the Virginia Company. Second order in council. Copy. (l)-(3) LC. (4) PRO [NY] I. Ref: (1) MS. Rec. Virginia Co., Ill, 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., pout, II. (2) Brock, Virginia Company, II, 238. (3) Calendar: Virginia Mag. of inst.\l,-i?,2. (i) S&vashnry , Calendar of State Papers, Colonial, pp. 52-53. Transcript, New York Public Library, Bancroft Papers, Vol. II, fos. 189-191. OCTOBER 20 J77. Virginia Company. Answer to an order of the Privy Council of October 17, 1623. (1) LC. (2) PRO. [NY] III. Ref (1) MS. Court Book, Virginia Co., II, 342. (2) State Papers, Colonial, James I, Vol. II, No. 47. Pub: (1) Kingsbury, ifec. Virginia Co. , post, 11. (2) Brock, Virginia Company, 11, 234. (3) Sainsbury, Calendar of State Papers, Colonial, p. 53. Transcript, New Y'ork Public Library, Bancroft Papers, Vol. II, fo. 201. [Ends with "were of a contrary opinion,"] OCTOBER ao, 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. (1), (2) & (4) LC. (3) PRO. (5) PC. (6) MC. [NY] L Ref: (1) MS. Records Virginia Co., Ill, pt.i, p. 3a. (2) MS. Court Book, Virginia Co., II, 343. (3) Colonial Kntry 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. Pidi: (1) Kingsbury, Rec. Virginia Co., post, 11. (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.] OCTOBER ao 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 Stale Papers, Colonial, p. 53. Transcript, New York Public Library, Bancroft Papers, Vol. 11, fos. 197-199. 184 INTRODUCTION [1623 580.* Governor in Virginia. "A Warrant to Capt. Madison to bring 40 souldiers for y* March." IV. He/: MS. Records Virginia Co., Ill, pt. ii, pp. 52, 52a. LC. OOTOBEB 2S 581.* Robert Byng'. A letter to Nichola.s Ferrar, concerning the appointment to a position. VI. Eef: Ferrar Papers. MC. [LC] Photographic reproduction ami transcript in the Library of Congress. OCTOBER 24 582.* Privy Council. Order to John Harvey to investigate the conditions of Virginia — plantations, fortifications, provisions, boats, public works, and relations with the Indians. PC. I. Ref: Privy Council Register, James I, Vol. VI, p. 137. 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., Ill, 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 project. PRO. [NY] III. 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, MAT 24 585.* Q,uo Warranto and Proceedings, by which the Virginia Company was dissolved. (1) PRO. (2) MC. [LC] I. Ref: (1) Coram Rege Roll, James I, 21 year, Michaelmas Term. Roll No. 1528, mem- branes, 39-63. (2) Ferrar Papers (writ only). 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. PRO. I. Ref: State Papers, Colonial, James I, Vol. II, No. 49. Pub: Sainsbury, Calendar of State Papers, Colonial, p. 54. NOVEMBER 18 587.* Governor in Virg-inia. A Commission to the Council of State in the Governor's absence. IV. Ref: MS. Rec. Virginia Co., Ill, pt. ii, p. 41. LC. NOVEMBER 19 588. 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. III. Ref: MS. Court Book, Virginia Co., II. LC. Pub: (1) Kingsbury, Rec. Virginia Co., post, II. (2) Brock, Virginia Company, II, p. 245. 1623] LIHT OF THE REVORDti 185 NOVEMBER 20 589.* Governor in Virginia. Order to Captain Mafkliflon and other officers to collect saasafraa and tobacco. LC. IV. Ref: MS. Rec. Virginia Co., Ill, pt. ii, pp. 52, 52a. 590.* . Warrant to Captain Pierse to levy 300 lbs. of toVjacco for tiie fort at Wariscoyack. IV. Rrf: MS. Rec. Virginia Co., Ill, pt. ii, p. 52. LC. 591.* . Order to Captain Pierse to levy the tax of October, 1623. LC. IV. Ref: MS. Kee. Virginia Co., Ill, pt. ii, pp. 52, 52a. 592.* . A warrant for Mr. Benet for his meaner. LC. IV. Ref: MS. Rec. Virginia Co., Ill, pp. .53, 53a. NOVEMBER 31 593.* Privy Council. Order for delivering the Virginia Company's books and writings to the Vir- ginia Company, against whom a quo vmrranto has been issued, and for keeping inventory of the same. PC. [NA'] I. Ref: Colonial Entry Book, Vol. 79, p. 208. Pnh: Sainsbury, Calendar of Stale Papers, Colonial, p. 54. Transcript, New York Public Library, Bancroft Papers, II, fos. 22.V227. 594.* Virginia and Somers Islands Companies. Petition to the King, that a commiasion grantetl 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. ■J4.')-'247. 595.* Governor in Virginia. " A warrant graunted to Mr. Bolton for his meanes." LC. IV. Ref: MS. Rec. Virginia Co., Ill, pt. ii, fo. 53. NOVEMBER 2S 596.* Sir Edwin Sandys. A letter to John Ferrar, concerning perBonal debts, assuring him that no one will lose by him. MC. [LC] VI. Ref: Ferrar Papers. NOVEMBER 87 597.* Governor in Virginia. A warrant to Captain William Tucker to collect 10 pounds of tobacco for each 1,000 plants at I'lizabeth City. LC. IV. Ref: MS. Rec. Virginia Co., Ill, pt. ii, p. 53. DECEMBER 6 598.* Council in Virginia. Order for preparation of list of all who perished in massacre, as per order of the company. LC. IV. Ref: MS. Rec. Virginia Co., Ill, pt. ii, fo. 53. DECEMBER 8 699.* 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. Piib: (1) Sainsbury, Calendar of State Papers, Colonial, p. 55. (2) Calendar: Hist. MSS. Com., Eighth Report, pt. 2, p. 47. Transcript, New Y'ork Public Library, Bancroft Papers, II. fo. 229. 186 INTRODUCTION [1623 600. Privy Council. Order of December 8, 1623. (1) LC. (2) PC. I. f!rf: (1) Court Book, Virginia Co., II, 361. (2) Colonial Entry Book, Vol. 79, p. 209. Pub: (1) Kingsbury, Rec. Virginia Co., II. (2) Brock, ]'irginia Compan;/, II, 249-250. (3) Sainsbury, Calendar of Slate Papers, Colonial, p. 55. 601.* 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 Ishin (third ]i:ii>er). Tranwript; New York I'lililic Library, Bancroft Papers, II, pp. 397-;!99. 190 INTRODUCTION [1623/4 837.* 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. Ill, No. 6 (fifth paper). 638.* General Assembly in Virginia. " The generall assemblies answere to those lower Proposi- tions made by the commissioners to be presented to tlie Lors: of his Ma"" most honor'"'' priviecounsell." (1) LC. (2) PRO. [NY] IV. Ref: (1) MS. Rec. Virginia Co., Ill, pt. i, p. 6'. (2) State Papers, Colonial, James i, Vol. Ill, 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. 381-3S9. 639.* Governor, Council, and General Assembly in Virginia. "The Answere of Gou"", and Counsell and Generall Assembly to the Letter and wrightinge of Captain John Haruey," expressing submissive attitude toward King. (1) LC. (2) PRO. IV. Ref: (1) MS. Rec. Virginia Co., Ill, pt. i, p. 7". (2) State Papers, Colonial, James I, Vol. Ill, No. 6 (fourth paper). Document in State Papers, Colonial, in the autograph of Ed. Sharpless, and certified by him. [MARCH 2J 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 tlie colony. (1 ) LC. (2) PRO. I. Ref: (1) MS. Rec. Virginia Co., Ill, pt. i, p. 6. (2) State Papers, Colonial, James I, Vol. Ill, 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. MABCH 3. 64 1 . 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] I. Ref: (1) MS. Rec. Virginia Co., Vol. Ill, pt. i, p. 7'. (2) State Papers, Colonial, James I, Vol. Ill, No. 6 (sixth paper). Document in the State Papers, Colonial, in the autograph of Ed. Sharpless. Photograph in the Library of Congres.s. UARCS S 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. Virgmia Co., Ill, pt. i, fo. 8. (2) State Papers, Colonial, James I, Vol. Ill, No. 9. Pub: (1) Hening, Statutes, I, 122f. (2) Sainsbury, Calendar of Slate Papers, Colonial, p. 59. Document in State Paper Ofhce 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., Ill, pt. i, p. 9. MARCH 7 644. Council in Virginia. Action concerning a claim against the company. LC. IV. Ref: MS. Court Book of the Colony. 1623/4] LIST OF THE RECORDS 191 1623/4 TO MAKOH 7, ie24;6 646. 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. IV. Ref: Smyth of Nibley Paper.s, Smyth, 38. Pub: Calendar: N. Y. Pub. I Ah. Ball, I, 189. 1623/4 646. Oouncil in Virginia. Court Book of the Council in Virginia, concerning a case between Mr. Home and Mr. Procter, concerning service. LC. IV. Ref: MS. Court BooIj; of the Colony. 647.* Henry [Horner]. "To the right Wortt S' Francis Wyatt Knight &c and Counsell of Estate here Assembled," demanding gooda due from Procter. LC. IV. Ref: MS. Rec. Virginia Co., Ill, pt. ii, p. 61. UASCH 11 648. Council in Virginia. Court Book of the Council in Virginia, concerning degradation of Richard (.Juaile from captain to carpenter. LC. IV. Ref: MS. Court Book of the Colony. 649.* Bichard Quaile. "The Humble Petition of Richard Quaile to the hono*"' the Gouemor with the right Wortt the Assistant in Counsell," requesting to be released. [Examined September 9, 1623.] LC. IV. Ref: MS. Rec. Virginia Co., Ill, pt, ii, p. 61. MABCH 12 650. 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. iJt. ii, pp. 71-75. (2) Virginia Records, 1606-1692, pp. 84-91. MAY 13 760. Charles I. A proclamation settling the plantation of Virginia. PRO. I. Ref: Proclamation, Charles I, No. 10. Pub: (1) Hazard, Historical Collection, I, 203-205. (2) Rymer, Foedera, XVIII, 72. jxnnE 15 761.* Council in Virg'inia. Letter to the "Right Honorb'* the Lord of his Ma"" moste Honorb'' Priuy Councell," concerning property of John Pountis, punishmentof Edward Sharpies, and the sole importation of tobacco. (1) LC. (2) PRO. IV. Ref: (1) MS. Rec. Virginia Co., Ill, pt. 1, pp. 14, 14". (2) State Papers, Colonial, James I, Vol. Ill, No. 41. Pitt; (1) Calendar: Virginia Mag. of Hist., VII, 134-136. (2) Sainsbury, Calendar of Stale Papers, Colonial, p. 74. 762.* . Letter to "the right Honobtt, the Lords and other his Ma"" Commi-ssioners for y" affayers of Virginia," concerning the establishment of a new government and the con- dition of the Colony, defending it from evil reports. LC. IV. Ref: MS. Rec. Virginia Co., Ill, pt. i, pp. 12-13a. [1625/6-1626 L18T OF THE RECORDS 205 1625 6 JAirUAEY 4 763.* Governor and Council in Virginia. Letter to the Royal Commissioners for the affairs of Virginia. (1) LC. (-') PRO. IV. Jief: (1) MS. Rec. Virginia Co., Ill, pt. ii, pp. 68,69. (2) State Papers, Colonial, James I, Vol. IV, No. 1. Pub: Sainsbury, Calendar of Staie Papers, Colonial, p. 77. 1626 APRIL 6 764.* Governor and Council in Virg'inia. Letter to "the right Honor™ the Lofs of his Ma"" most HoaorabT Priuy Counsell." LC. IV. Ref: (1) MS. Rec. Virgmia Co., Ill, pt. ii, pp. 69-70. (2j State Papers, Colonial, James I, Vol. IV, No. 9. Pub: (1) Massachusetts Historical Society Collection, fourth series, IX, 74-Sl. (2) Sainsbury, Calendar of State Papers, Colonial, p. 79. D. S. AWicnIla rt CCnrrigpnha 39. Omit: "Pitb: Va. Mag. of Hist., IV, 28-29." 40". Add, following No. 40 under date of June 9: Governor Argall. A letter. IV. Hef: (1) Misc. Papers, 1606-1683, quarto. (.Abstract only.) (2) MS. Coll. Va. Hiat. Soc, John Randolph MSS., III. Pub: Va. Mag. of Hist., IV, 28. 43-48, 50-52, 55-57. Bef: Change to: See under No. 39. 64. Change note to: See No. 39, Remarks. 65. Ref: Omit: " (Abstract only)". Add: (2) MS. Coll. Va. Hiat. Soc, John Randolph MSS., III. Fub: 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. 108". Add, following No. 108 under date of May 2.'5: James I. Proclamation concerning tobacco. Pub: Referred to only in Rymer, Foedera, 17, 191. 137«. 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. 167". Add, following No. 167 under date of .\pril 7: James I. Proclamation concerning the garbling of tobacco. Pub: Rymer, Foedera, 17, 191. 184. Pub: Add, Rymer, Foedera, 17, 23.3. 511. Change to: For the petition formulated, see ante No. 481. 206 \. WobU of lExplmtatuinH ~ 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. II II inclose words interlined in the manuscript by the reviewer. § § inclose words interlined in the manuscript by the copyist. indicates words underlined in the manuscript. SIGNS AND ABBREVIATIONS. con indicates tion. Co''' indicates Court. C" indicates etc. tre, tres indicate letter, letters. " indicates pound. 11% EliS, Lo indicate Lords, Lord. Lo^". EL'" mdicate Lordships. M*% Ma"^ 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. pluately (privately) . q, indicates que. Tfer, Thfer indicate Treasurer, w" indicates weight. 9 indicates omission of final letters or syllable, e. g. man^ (manner) . C indicates final es or et, e. g. hand? (handes). THE COURT BOOK VOLUME 1, 1619-1622 209 Hirginia Company nf ffiouiunn 38 APKILL, 1619 A Quarter Court held for Virginia AT S" Thomas Sivhths howse in Philpott Lane 28 of Apr" 1619 Present Right hono:'^ The Eai'le Southampton. The Earle of Warwick. The Lo: Cauendish. The Lo : Pagett. Generall Cecill. S-- Thomas Smith kn' S' Edwin Sandis. S'' lohn Dauers. S"' lohn Merrick. S' Dudley Diggs. S' Nicholas Tufton. S'' Samuell Sandis. S'' Henry Rainsford. S"" Robt Wayneman. S'Tho: Cheeke. Thfer. S'" Nath. Rich. S' lo: Wolstenholme. S^ W"' Russell. S^Tho: Wilford. m' Aldfan lohnson. m' Morrice Abott. m'' Thomas Gibbs. m'' Thomas Stiles. m^ W°^ Green well. yaJ W" Bell. m' Humfry Handford. m'"Rich: Rogers. nV lohn fferrar. m' Clitheroe. m"" Caning. m^ Ditehfeild. C^ The last Court referi'ing the duty appertayning to every perticuler Of6.ce to be considered and prepared against the Quarter Court by a select Comittee, they haue therein taken extraordinary paiues : And 211 212 RECORDS OF TEE VIRGimA COMPANY according as they were desii'ed haue attended the ff and receaued theii* approbacon of the orders by them concerned : W'' orders were now presented to the Court ; where after they were twice read, (being putt to the question) they were confirmed by a Grenerall ereccon of handC.^ This Quarter Court according to the Lfes Pattents being chiefly ordayned for the eleccon of Officers : M' Tf er desh-ed the Court that before he left his place, he might acquaynt them w"' two messages Lately rec from the King: The one was, that he receaued a tre from m'' Secretarie Caluert that his Ma"® had sent a man vp suspected for Deere stealing, to be transported for Vu'ginia; and vnderstanding that M'' lohu fferrar had a shipp shortly to goe thither, || desired || that his Ma" resolueon might be fvilfilled therein. The other was, that this morning there came a messenger of the Chamber to vnder- stand of the welfare of the Plantation, his Ma'*' 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 endeauo" 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 hini 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 w"" all speed audited, that before he dyes, he might see the same cleered, and receiue his Quietus est vnder the Companies scale. W*" the Co"'' finding his resolueon to be settled, and that he would not stand in eleccon; they proceeded according to the Last Standing order now read, to make choice of their Treasuro"' S"' Edwin Sandis, S'' lohn Wolstenholme and m'' Aldfan lohnson being nomi- nated and accordingly ballated, the Lott fell to S' Edwin Sandis to be Tf er, he hauing 59 balls. Sir lo : Wolstenholme : 23 : and Aldfan lohnson: 18: wherevpon his oath was administred.^ ' For a draft of this report see List of Records, No. 105, page 133 anle. ' For liocumenta relating to this election see List of Records, Nos. 108 and 170, pages 133 and 140, anU. APRIL 38, 1619 213 Proceeding to the eleccon of the Defjuty , there was nominated m"^ Alder lohnson, m"' Xofer Cletheroe, and m'' lohn fferrar, who being bal- loted m"^ lohn fferrar was elected Deputy for the ensuing yeare by hauing 52 balls, m" Aldfan lohnson 29, and m' Christopher Cle- theroe ten; vpon w'^'' the said m'' lohn fferrar had his Oath giuen. Next the Court proceeded to the eleccon of the Comittees, w'^" was performed according to the Standing order now read, one fourth part being nowe elected, and the rest by ereccon of hands confii-med. Their names be these, m"' Raphe Gore. m^Edw: Ditchfield. m' Caswell. m' W"" Caninge. m' Geo: Smith. m'' Paulson. m^ W" Palmer. m"' Dan : Darnelly. m"' Keightley m' W" Essington. m' Ri : Morer. m' Chambers m'Tho. Wheatley. m'' Berblock. m' Wiseman, m"' Barnard In like sort for Auditors the Court now haue made choice for the suc- ceeding yeare of S"' lo: Dauers, m'' lo: Wroth, m' Essington, m'' lo: fferrar, m"" Briggs, m'' Wiseman and m' Chambers, who taking their Oaths, all saue m" lohn Wroth who was absent, they or any three of them were desired to bestowe some extraordinary jjaines in the expe- diting of the Acc° w"'' they haue promised to performe. Valentine Markham Bookeeper William Webb Husband ffrancis Carter the Officer C Henry ffotherby Secretary Was confirmed in their former places and tooke each of them the same Oath. Vpon the absence of S" Tho : Smith the Court was moued by S'' Edwin Sandis now Treasuror, that in consideraeon of the greate trouble [3] mixed often with much sorrowe w'^'' S"' Thomas Smith had endured, during the terme of Twelue yeares past from the very infancy of the Plantacon vnto this present, and had now surrendred yp his place at such time as (by the blessing of God) there was hope that the Action might Droceed and prosper if it were followed w"" care and 214 RECORDS OF THE YIRGINIA COMPANY industry reqiiisite for soe greate a busines; That therefore in some sort according to theu' abillities, it were fitting to express theh' thank- fullnes for his good endeaiiours in conferring Twenty shares vpon him: w'*" being put to the question, it was agi'eed he should haue Twenty greate shares and was confirmed vnto him by a Generall ereccon of handes. This Court was acquaynted, that the Lord of Salisbury desired the admittance of Captaine ^ Brett into this ffellowshipp, and to that end his Lo^ hath giuen him Two of his shares in Virginia, requesting that he might be suffered to sitt in the CourtC, and as occasion serueth to sollicite his busines. W'' 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 Ofiices and eminent places w''*' 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. ' A blank space in the manuscript. MAY IS, 1619 215 MAY THE 12"> 1619 A Court held for Virginia at Mr. Ferrars HowsE IN St. Sithes Lane, Being Present The Right ho"^ The Earle of Southampton. The Earle of Warwick. S' Edwin Sandis Kn' Tfer. S' Dudley Diggs. S' lo: Dauers. S'Hen: Rainsford. S'' Edward Harwood. S'Nath: Rich. S"' lo : Wolstenholme. S'Tho: Wroth. S^Tho: Wilford. m'' lohn Wroth. m' lo: fferrar Dpty. m'' Thorpe, m'' Tomlins. m' D' Gulston. m'' Oxenbrigg. ni'' Tho Gibbs. m'' Rogei's. m'' Nich" fferrar. m"^ Gabriell Barbor. m^ Wheatly. m'' Swinhowe m'' Chambers, m"" Hen. Briggs. m"" Berblock. m' Geo : Smith m' Meuerell, etc. It was propounded by mr. Tfer 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 labo" of both the former Comittees into consideracon, 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. W"'' Proposicon the Court haue condiseended vuto, and to that end haue desired S' Dudley Diggs. S' lohn Wolstenholme. S' Edward Harwood. m'' Alder lohnson & S' Nath : Rich. m^ lohn Wroth, to meete vpon ffriday seavenight being the 21'" of this instant at S' Edwin Sandis howse at seauen of the Clock in the morning. 216 EECORDS OF THE VIRGmiA COMPANY Mr. Treasurers second Proposicon 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 : w*"'' 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 S"' Thomas Wroth, m'' Thomas Gibbs, m'' D"' Gulson, Captaine Bingham, m'' W™ 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 ffoartenight being the 28"^ of this instant. Mr. Thfer intimated to the Court, that whereas S'' Thomas Smith at the resigning vp his place should report that there was — 4000" for the new Treasure "■ 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 w''*' shortly wilbe due to pay the some of — 3700" — viz" old poun debts of Ten yeares old 1800" — and att the returne of the Shipps S' Geo: Yeardley went in, and the other wherein the Children was transported will amount to — 1148" — as also 700" — w'''' is owing to the Colleccon mony, w*"" 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, w'^'^was by ereccon of handC 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, w"'' hereafter may seeme fittest. And forasmuch as there is now remayning in the hands of Gabriell Barbor much old plate w'^'' if the Lottaries were finished, the Com- pany thereby should sustayne great Losse: It was therefore now oi-dered (vnlesse some can giue iust informacon 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 And forasmuch as S' 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 Ahdy: It is therefore ordered, that if he so please these three shalbe annexed vnto them, either as Audito" or as assistants to see the passage of the busiues, that W Thomas Smith haue noe wrong: but if it be his pleasure to allowe of them to be Audito'', 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 Audito'''' and to take his oath. And in asmuch as the great paines allready spent by the Audito"'^ hath gayned to them selues a more perfect vnderstanding than those w'^'' shall newly enter cann be capable of. Therefore it was moued that Three of the old Audito'" might be of the Coram, and that nothing should be concluded w'^'out two at least of their consents ; W'' Proposicon was well allowed, and mr. Thfer, S' lo : Dauers and mr. Wroth being thereto nominated, and put to the qviestion, it was by ereccon of hand^ confirmed. Captaine Brewster hauing formerly by way of appeale deliuered vnto the Court a certaiue 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 f orbeare till the said Captaine Ai-goll were p''sent : and in the interim haue thought it convenient to deliuer vnto the said Captaine Ai'goll a coppy of the said writing of Appeale to make answere vnto the same, and haue appointed him to jnit in his other Articles vpon ffriday morning next to m'' Thfer and m"' Deputy to be by them pervsed and deliuered into the next Co''', and the next Quarter Court to heare the Appeale. Lieftenant Stokes made reqviest vnto the Coui't, 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 ; w*^** 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 consideracon. 218 RECORDS OF THE VIROTNIA COMPANY MAY THE 1619 S^ Edwin Sandis Kn' Thfer. S'' Edward Harwood. m"' Nich: fferrar. S'' lo: Dauers. m'" Berblock. m' lo: fferrar Dpt. m"" Hen: Briggs. m'' Geo : Thorpe. m'' Wiseman. m"' Geo : Smith, m"^ Bland, m'' Caswell, m"" Sparrowe. A Comission was now sealed to lohn lohnson M'' of the Bona Nona 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 Pembi'ooke, 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 ^ Sumerscales was about to take about ^Tobacco: the Co''' desired m'' Thfer to speake w'^ m'' Atturney generall, and to learne whither the same be any way preiudiciall to the Company or not. MAY THE set" 1619 Present Generall Csesill. m^Tho: Gibbs. m^ W" Palmer S'Edw: Sandis. Capt. N : Butler. m'' Swinhowe. S'' lo: Wolstenholme. m"^ Oxenbrigg. m"" Berblock. S'Tho: Wroth. m"' Rogers. m^ Conell. m' Alder lohnson. m' Tho: Caiion. m"' Meuerell. m'lo: Wroth. m'' Essington. m' Caswell. m' lo : fferrar Dpt. m' H: Briggs. m"' Roberts etc It was made knowne by m' Treasurer, 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 •A blank space iu the manuscript. MA Y 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 Com-t, because being a busines very waighty, it can not so soone be well digested ; but they will prepare and make them ready for the approbacon 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 Ace" of Rich : Beomonnt m"' and Part -Owner being concluded by the Ai-bi- trato", and the perticulers now read, receivied the confirmacon of the Court: Vpon w"*" m' Thfer paid the mony, and tooke in the Charter party. Captaine Brewster hauing deliuered Articles obiected against Captaine Samuell Ai-goll touching his governement in Virginia, to m' Treasuror and m' Deputy, as the Last Court required, the same was now pre- sented : Vnto w'^'' order is giuen that Captaine Ai-goll 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 Ca])taine Samuell Ai-goll (against the next Quarter Court) be warned to bring in his writt of discharge. The Last Court wherein m' Thfer was desired to repaire to m"' Atturny Generall to learne the Contents of a Pattent w""*" 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 jjasse thei-efore advised that there might forthw'*' be a course taken for to prevent and stopp the pi'oceeding of it: w'''' being taken into consideracon, the Court haue desired m' Tfer 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 w"' him Genei-all Cecill, S' lo: Wolstenholme, m' Alder lohnson and m' lohn 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"^ W" Palmer was desired to write to m"^ Sumerscales to meete them at that hower at m"^ Atturnies. It was also by m'' Tfer propounded to the Co''' as a thing most worthy to be taken into consideracon both for the glory of God, and bono' of the Company, that forasmuch as the King in his most gracious fauo"' hath graunted his la-es 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 f oreslowing to sett forward the accon, especially of all those w*^*" hath contributed to the same, that therefore to begin that pious worke, there is allready towards it — 1500", — or thereabouts, whereof remayning in cash 800'', the rest is to be answered out of the Stock of the Generall Company for so much w''*' they borrowed, besides the likelihood of more to come in ; ffor m' Treasuro'' hauing some conference w'** the Bishop of Lichfield, he hath not heard of any Colleccon that hath beene for that busines in his Diocese ; but promiseth when he hath a warr' therevuto he will w"' 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 ereccon 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 w'^'' 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 1 1 haue 1 1 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 w"" their prouisions, as also to send ffiftie persons more to the Comon Land w'''' may raise a Stock for the paying of dueties there and defraying the Companies charge here, and to send provision of victualls w"' them for 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 sane the loint stock the sending out a Shipp this yeare, w"** for 4'' a pound they will bring from thence all their Tobacco w"*" may arise to ffive hundreth pounds besides mony that may come in otherwise to [8] helpe to beare the charge of the voyage; W'' Proposicon was well liked but the time and season not allowed of all; and by some obiected, that the Generall Plantacon should receaue much mony if more men were sent ouer soe sodaynly before those that are allready gone haue procured wherew'^'all to subsist ; as also being a matter of greate consequence it did more propperly belong to the deciding of a Quarter Co"^: 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 ; W'' 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 — (viz*) w"" 50 Passengers for the Colledge Land, and 50 for the Comon Land, it was by generall consent, and ereccon of hand? 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 himself e and his Associats presented his Pattent now to the Co" ; ^"^ was referred to the Comittee that meeteth vpon ffriday morning at m'' Treasuro" howse to consider and if need be to correct the same. 222 RECORDS OF THE VIRGINIA COMPANY lUlVE THE VlJth, 1619. A Peeparatiue Court held for the Virginia Company at Mr. Serrars Howse in S^ Sithes Lane. S' Edwin Sandis S'' lohn Dauers. S' Nath. Ricli. m' lo: Wroth, m"' fferrar Dpt. m'' D"" Anthony. m'Tho: Gibbs. Present Kn' Thfer. ycl Ri: Tomlins. m' Hen: ReignoldC Capt lo: Bingham. Capt lo: Bargraiie. m'' Robt: Smith. m'-Edw: Ditchfield. m' Hen : Briggs. m'' fferrar iunio'. m"^ Bamford. m'' Berblock. m"' Caswell, m"" lad wine etc. The standing lawes and orders formei-ly allowed and confirmed by diners 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 w''^ 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, w*''' 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 PattentC 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 Instruccons giuen by his Ma*-' vnder the Priuy scale to the Treasuro'' and Company of Virginia, for the gov- erning of the Plantacon, A coppie of w'''' m'' Treasurer hauing now JUNE 7, 1619 223 founde in the Ancient Court Rowles w"'' before he neuer heard of; And inasmuch as they are to be proceeded in w"' greate care and advise, S'' Tho : Smith is desired (if it may be) to send in the Originalh A peticon was preferred by Capt Bargraue touching his suite com- enced in the Chauncery against the Adventure" of the loint stock, was referred to a Comittee, viz to m" Tomlins, m' Rogers, m'' Bamford, m' Briggs m" fferrar lunio", m"" Berbloek or any three of them to meete at this place to morrow at two of the Clock in the Afternoone. By order of Coin't, vnder the Seale of the Company m' Lott Peere receiued his Quietus est for his imployment in the ffiue shillings Lot- tery, by two seuerall Ac(}ouut^, and had paid S' Edwin Saudis Thfer for the foote of one Ace" — 116 — 9 — 11 — and for the foote of his other Account— 34— 15— 8—. That m' Thfer moue the Quarter Court to take order for the paying of prizes in the Lottery. The Audito''" made allowance of Twelue single shares of Twelue pounds ten shillings apeece belonging to sundry Adventurers, all of them being passed ouer to the parties herevnder named John Hodgson — 25" passed to ft'rancis Whitney Esq''. lohn Tauernor — 37" — 10° to Thomas Shepherd Merch'. Martins Earle — 12 — 10 to Nicho: Buckeridge Merch'. to Richard Boothbie merchant. to D' Thomas Winstonc. to Hugh Windham jSIerch'. to lohn Tueker Merchant. . to lohn Strange. Capt Edw: Brewster 1 share to W'" Cranmer Merch'. [10] 16455— VOL 1—06 15 D'' Lawrence Bohun fiue shares of 12 : 10 ; peece. 224 RECORDS OF THE VIRGINIA COMPANY lUNE IX*^ 1619 A Quarter Court held for ViRomiA at M" Ferrars howse in S"^ Sithes Lane Present The Right houo" Henry Earle of Southampton. Robert Earle of Warwick. The Lo: Cauendish. The Lo : Pagett. Generall CeciU. m'' Treasuror. S'Tho: Smith. S'' lo : Merrick. S' Dudley Digges. S' lo: Dauers. S^Tho: Gates. gr ^ni Thrickmorton. S^Nath: Rich. S' Antho : Auger. S^ Tho : Cheeke. S' lo: Sams. S''Io: Wolstenholme. S^ W" Russell. S^Tho: Wilford. m'' Alder. lohuson. m"' lo: Wroth, m'' Geo: Sandis. m' Morrice Abbott, m"^ lo : Ferrar Dept. m^Tho: Gibbs. m''Hen: Reiguolds. m''Rich: Tomlins. m" George Thorpe, m'' ||W"|| Oxenbrigg. D'' ffran: Anthony. D^ Gulstone. W ||Pi>Thomas|| Win- stone. Capt Samuell Argoll. Capt Bargraue. Capt Tucker. Capt lo : Bingham. Capt Brewster. Capt Whitner. Capt: Na: Butler. m'^Hum: Handford. m' W"" Bell. m'' Rich: Rogers. m' Antho: Abdy. m'' W" Essington. m'' W" Caninge. m'' George Swinhowe. m' Steward. m'' fferrar iunio'. m' Ditchfield. m'' Hen : Briggs. m'' Wiseman. m'' George Chambers. m"^ Wheatly. m"^ Shepherd. m'' Cranmer. m' Boothby. m"" Buckeridge. m'' Berblock. m' W" 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 Co", and now to this greate and generall Co", not any Lawe was contradicted saue one, the Chapter of Audito'" concerning the old JUNE 5, 1619 225 Ace" depending in Audita, w"'' S' Tho: Smith tooke some excepcons, that three or fower should now contradict that accoiint, whereof IG 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 request?; fli'st, that this Account may stand, and tho Audito" to proceed from thence, if noe iust excepcons 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 w"" the Ace" of the Cashe, w""" 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: W*" being done, they were generally con- firmed by ereccon of handC. Afterward vpon the exhibiting of a writing signed by ffower of the Auditors in answere of S'' Thomas Smiths mocon touching the sayd Account ; Sir Thomas Smith vpon pervsall of the said writing and to giue all men satisf accon, gaue his consent that the present Audito''^should pro - ceed w"" his Account from the beginning : And touching the keeping of [11] the Avidite at Sir Thomas Smiths howse being disliked by the Audito"''*, and obiected by some of them, that howsoeuer they might haue vse of S'' Thomas Smith, yet they should^ have more vse of S' Edwin Sandis by reason of his experience therein, whose busines would not permitt him to come so farr. W'' was answered by S' Thomas Smith, that others might be found to haue as much experience in Accounts, as he, and be more fitter in reguard of his grejite busines : Yet notw*standing to determine this Controuersy, he would referr him- selfe to the most voic? of the Audito", whither they would be willing to meete at his house or not. The mocon being well liked, it was ordered, that the seauen Audito"" chosen by the Quarter Court of eleecon, 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 Wl Humphrey Handford, m" Antho: Abdie and m"' Thomas Kightley doe assemble vpou Muuday morning at S' Edwin Sandis about the AccomptC, 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 26'° die Maij , touching the setting out a shipj) w*'' one hundred men for the Colledge and publiqj Land, was now agayne propounded by m'' Thfer : W'' 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, w''*' is the fittest and seasonablest time for men to doe some busines. Captayne Brewsters appeale against Captaine Samuell Argoll touch- ing his condempnacon 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 (w''^ 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 ; W'' seeing it pleased god to take his Lo'" 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 try all 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 consideracon the worthynes of some Noblemen and others now present by giiiing their dilligent attendance from time to time to the benefitt and furtherance of the Plantacon, as namely JVNE 9, 1619 227 the Right hono"''^ Robt Earle of Warwick, H' Tho: Cheeke, S^ Nath: Rich, m' John fferrai- deputy and Captaine Nath : Butler haue now [12] made choice of them to be of his Ma" Counsell for Virginia, and each of them being putt to the question was generally ratified by ereccon of handC, and are appointed to ||attend|| my Lo: Chamberlaine for the taking of their Oaths. The request of diuers of the Grenerallity to the Tfer, Coimsell 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 ereccon of handC ; W"'' jioints are these that folio we, 1. Whereas the Director of the Magazine his Assistants and other Officers haue vpon the first eleccon continued now in their places two yeares and vp wards. They desire, that according to the vse of the Officers for the Company they may be chosen anew eucry }eare, or that the former may be continued in their places by a new eleceou 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"'" satisfaccon, They desire that they may be required by the Court to performe their promise imediately, and to make vp their Accounts against the next Court day and then present them to the Court ; And that the Adventurers may then proceed to a new eleccon. 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 w"'' the Company, aswell as the Officers of the Oenerall 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. fforasmueh as it appeared, that there was more busines to be per- formed then this Afteruoone could well determine; It was moued that if m'' Thfer hereafter shall finde the like, that then he may please to giue order for the Company to meete both fforenoone & After - noone, w"*" was referred to be considered of by the Comittee for the Standing orders. By reason it grewe late, and the Coui't ready to breake vp, and as yet m' lohn Whineops Pattent for him and his Asso- ciats being to be read, it was ordered that the scale should be annexed vnto it, and haue referred the trust thereof vnto the Auditors to examine that it agree w*** the Originall; w""" 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 Cjesill, S' Dudley Diggs, S' Tho: Cheeke, S"' lohn Dauers, S"^ Nath : Rich to meete at Generall Caisills howse to morrowe Afternoone at two of the Clock; And that m'' Aldfan lohnson, m' Essington & m' Ditchfield be warned to be there at that time. JUNE U, 1619 229 lUNE THE 14"' 1619 Present S^ Edwin Sanclis Kn' Threr. S^ Dudley Diggs. Capt. Bingham. m' Chambers. S' lo: Dauers. Capt. Bargraue. m' Wheatley. S^Tho: Gates. Capt. Butler. m' Shepherd. S^Nath.-Rich. Capt. Brewster. m' Kightley. S' lo : Samms. m' D' Anthony. m"^ Berblock. m' lohn Wroth. m-^ D^ Gulsou. m'' Caswell. m' fferrar Dp'>-. m'' Cannon. m^ Geo: Smith. m' Hen : ReignokU. m' Hen: Briggs. m'' Sparrowe. Capt. S. Argoll. m' Wiseman. m' El : Roberts etc At this Court ni' lohn 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. The Guif t being now returned from Virginia and hauing brought tres from S" George Yeardley directed to S"' Edw : Saudis intimating the sore voyage they had ; being going thither from the 19"' of January to the 19* of Aprill following, In w''" 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 Plantacon to be in great scarsity for want of Corne, desired the Company to beare w"' 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 eomplaine in hast of want. Other priiiate busines m'' Thfer acquaynted the Court was specified in his Lres, w"" is first to reeeaue the advise of the Couusell, and by theii- direccons to reveale it to the Court. ^ ' This is probably the letter given in List of Records, No. 93, page 131, ante. 230 RECOBDS OF THE VIRGINIA COMPANY It "was moued by m"" Thfer, that the Geuerall Comittees should forth- with meete for the setting out this shipp, and furnishing of her w"" good people to be sent to the Colledge and publique Land, w''"' hitherto by defect thereof, the Plantacon hath beene much wronged: w''*' [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. W'' mocon the Court comended and haue desired m' Thfers 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 Plantacon, w*"^ 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, w*"'' the Counsell and Court here canu not iudge of, but is to be tryed there, where the euidenee may be giuen; It was therefore now ordered, that the said Appeale and Captaine Argolls answere therevuto shalbe sent inclozed w^'in a tre of the Companies to S"' George Yeardley and the Counsell of State, and they to make esaminacon of the cause and returne Certificate thereof. An oath was also exhibited by Captaine Brewster, w''' was admiuistred vnto him in Virginia, w"" is also agreed to be sent for informacou 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 U, 1619 231 and answere, and the booke of the Orders of Courts, who pervsing the same, and finding that Capt. Bargraue had 14 dayes respite tor giuing security to the Adventtirers, and w"' in six dayes the bargaine was taken of his handes, for w'^" he was to allowe vnto the Adventurers, — 150" w"' a promise that if it were sold for aboue ffiue shilHngs a pound, he should liaue the Ouerplus: but being all sold by some of the Ad- venturers of the Magazine amongst themselues w"'in two dayes after at— iii,f ix** 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 Defend" 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 w"" the Defendants, It was agreed by ereccon of handC that not- w"'standing 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 M'' Aldfan lohnson, and the rest of the Adventure" and Officers of the Magazine should be warned agaynst Wedensday sevenight to meete at m'' fferrars howse. and to haue the Acc° i-eady to be deliuered in vpon their Oath. It was moued by mr. Thfer that the Court would take into considera- con to a])]»oint a Comittie of choice Gentlemen, and other of his Ma" 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 §w''''§ the Co"' vpon deliberate consideracon haiie recoiTiended the care thereof vnto the Right wo"' S'' Dudley Diggs, S' lohn Dauers, S'' Nath: Rich, S' lo: Wolstenholme, m' Deputy fferrar, m' D' Anthony, and m' D' Grulsou to meete at such time as m'' Treasuror shall giue order there vnto. fforasmuch as the standing Lawes and orders concerning the governe- ment of Virginia being finished by the Comittee to whome they were reeomended, 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 & Magistraeie might be summoned by the Officer to meete at S'' Edwin Sandis his howse vpou ffriday morning next at eight of the Clock, and there to devide the busines amongst themselues as they shall see cause: W" the Court thought very con- venient, and haue allowed thereof. Also vpon a mocon of the Susans voyage to be audited, and the com- plaint of the Generallity in some abuse offred by the loint stock to be rectified ; The ordinary Audito" are warned to meete therevpon vpon Munday morning at eight of the Clock at m' Treasurors howse. It was agreed vpon the mocon of S'' Dudley Diggs and S'' 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 gi*auuted to any other in that kinde. Vpon the peticon of lohn Woodliefe gentleman (who disbursed 62 — 10 — OOeleauen 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 : W'' the Court hath now graunted vnto him .[!()] Whereas vpon a former order, it was agreed to pay interest for a some of mony in the Companies handC during the minority of one Katha- rine Bath to whome the mony doth belong. The Court vpon better consideracon now finding it not convenient to jui^y Interest haue agreed to reverse the said order & to llpay|| the mony where it is due. The Court being acquaynted of one m'' Robert Browne who adven- tured w"" the Lo: Lawarr 25" and went himselfe in person to Virginia, and there dyed, haue now agreed w"' the consent and liking of the JUNE '21^, 1619 233 Lady LawaiT that the [said 25"]^ shalbe deducted out of the 500" adven - ture of my LoixK, and so [that '"' * * * r]"be giueu 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. lUNE THE 34th 1619 Present The Right hono""^ The Ea. of Warwicke. S' Edwin Sandis Kn' Thfer. S'' lo: Dauers. m"' Rich: Tomlins. S"' Stephen Dowle. m' lo: Wroth, m"" Ferrar Dp'. m^Tho: Gibbs. m' Ferrar lunio"^. m'' Anthony Abdy. m"' W"' Caninge. m^Edw: Ditchfield. m"' Robt Smith, m"' lad win. m' W" Essington. m"^ Rich : Morer. m'' Geo: Smith, m'" Geo: Chambers, m'" Rich: Berblock. m': Conell. m' Meuerell. m^Rich: Bull. The order in the Last Court touching the generall Company not any way to ioyne or countenance the DefeudantC against Capt Bargraue, here being some w*'*' were absent at the Last Co'', and alleadging some reason why the said Company should not altogether relinquish the said Defendants, because the Generallity hauiug a stock there, is therein interessed as a perticuler Adventurer of the Magazine ; W" point is referred vntill the Adventurers meete ; At w'''' time it may be cleered whither the Adventurers shall ioyne in mayntaining that suite; [17] ' The manuscript is blotted so as to mal^e this and the two following doubtful passages almost illegible. ' Probably power or order. 234 RECORDS OF THE VIRGINIA COMPANY The Comittee by the Last Co" appoynted for the Colledge hauing mett us they were desired, deliuered now their proceedings, w"*" the Co" 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 hnndreth men. A minister to be entertayned at the yearely allowance of fforty poimdC 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 ponndC imprest to furnish himself e w"'all. 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 public^ Land to be single men vnmari'yed. A warrant to be made and directed to S' Thomas Smith for the paym' of the Colleccon mony to S' Edwin Sandis Thfer. And that D' Gul- stone shoidd l)e entreated to present vnto my Lords Grace of Canter- bury such Letters to be signed for the speedy paying of the monies fx'om every Diocesse, w'"" yet remaynes vnpayd. The seuerall sortes of Tradesmen and others for the Colledge Land. Smithes. Potters. Carpenters . Husbandmen . Bricklayers. Brickmakers. Turners. And whereas according to the standing order seauen were chosen by the Last Court to be of the Comittee for the Colledge the said order allowing noe more. And inasmuch as m'' lohn Wroth is conceaued by some error to be left out, he is therefore now desired to be an x4.ssist- ant vnto them and to giue them meeting at such time & place as is agi"eed of. The Comittee for i|the|| setling of lawes and Magistracie in Virginia haue mett as they were desired and vpon examinacon haue found diuers Lawes in the Lres Pattents and good poynts in the Instruccons JUNE 2.i, mm 235 giuen by his Ma*^ vuder the Privy Seals w'*" wilbe a greate further- ance for the setling of tlie 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 resohieth to goe into the country) haue devided it amongst them selues for the better preparing of it against their next meeting. It was nioued by mr. Thfer 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 vupaid that they may be dis- charged and one to be authorized to pay them to such as shall bring in their Ticketts, w''*' the Co'' hath referred vnto the Auditors. Also he moued that in reguard of great somes w'^'' is presently to be issued out vpon this voyage, and the extraordinary busines w"*" the Company from time to time imposeth vpon him, that a perticuler Thfer might be appointed vnder him for the issuing out thereof, w'^'' he [should] not deliuer w"'out a warrant, nor the other should pay it forth w^'out the like authority of a warrant to be giuen vnto him : W*" the Court haue thought fitt, because he stands engaged for it, to referr it vnto himself e, who therein hath made choice of m'' Deputy fferrar. Stephen Sparrowes request for the personall adventiires of 5fower servants w''*' he sent to Virginia is refei"red to the Auditors vpon Munday morning. William Shackley of London Haberdasher assigned to Oliuer S' lohn Two shares in Virginia. '■&•' Also M" Millisent Paulsden assigned to the said Oliuer S' lohn three shares in Virginia, w''' the Co"' haue now allowed of : Prouided that shee come into the Co"^' or make her Certificate of her allowance therein wi"'in this Twelue Moneths. A controuersy arising amongst the Adventure""" of the Magazine for their place of meeting, it being made knowne that m'' Aldf an lohnson who is the Director thereof, desired it might be at S' Tho : Smiths, by 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 loint stock, their meetings shalbe where the Generall Co"^" is kept : m'' Thf er and Deputy insisted strongly for the mayntayning of the said Order, insomuch that it was answered that it were better a little to dispense w"" that said order, then a Generall fEaccon thereby should be raysed betwixt the Company and adventurers: w'^'' was answered by m"' Thfer 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 pounds they haue paid into the Magazine, they might meete in what place they pleased, and that might be done w"'out 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 Covinsell all save o[ne] hauing deliuered their opinions to mayntayne the order, It was at length agree [d] that the said Adventure"^ of the Magazine should be warned to meete here vpon Munday next in the Afternoone at the Generall Co''' to performe such things as in the Last Quarter Co''' had beene ordered, concerning the Magazine and the officers thereof. I JUNE 28, 1619 237 IXJIVE THE 28th igig Present Right honorable The Earle of Southampton. The Earle of Warwick. S' Edwin Sandis Kn'. Thfer. S' lohn Dauers. m"" Thorpe. m' Morer. S'Edw: Harwood. m'' Tomlins. m^ Couell. S'-Nath: Rich. Capt Argoll. m"' Swinhowe m' Aldfan lohnson. m' Essington. m' Darnelly. m' lohn Wroth. m'' Antho: Abdy. m*^ Wiseman. m' Xo Brooke. m"^ Cartwright. m"^ Berblock. m"' Morrice Abbott. m^ Wheatly. m"" lad wine. m"^ Ferrar Dpt. m"^ Barber, m' Chambers. With others. Vpon reading the last order in the last Court, touching the place of meeting of the Magazine Adventurers, m"' Thfer signified to the Co"^', that by reason of such contrary desires to meete a part, they could haue noe meeting w'" 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 Courts hath beene kept, sauing onely twice : W"'' was replyed by m'' Aldfan lohnson Director of the Magazine, that it could not be soe convenient to meete togethe"' as in meeting a pai't ; because at such meeting J 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 S' 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 238 RECORDS OF THE VIRGINIA COMPANY and some others was engaged to the Chamber of London for one thousand pounds, w'^'' if they pleased to cleare them of that bond, he would consent to meete where they pleased. W'' was answered by m' Thfer, that one reason why they should be vndeuided, was, that from time to time they might receaue then* authority from the Gen- erall Co"'': and m"' Aldfan well said, they were not tyed to a pei"ticuler place of meeting, therefore he would be willing (if the Court should soe like of it) that they should meet sometimes at S'' Thomas Smiths, at such time as S"' Thomas Smith should haue occasion to desire to ])e present. And for the 1000" w^'^ S^ Thomas Smith, S' lohn Wol- stenholme, and m' Alderman lohnson standeth bound he held it not convenient to haue any Diuident till that were paid. Where vpon many in the Court agreeing in opinion w"' him, it wasdesired to be [20] putt to the question; w'^'' being propounded, whither the Thowsand pounds should be paid, that is at interest at seauen p Cent or that the Vndertakers should remayne in bond^, and a Diuident be made the Adventurers, by ereccon of hand^ was concluded, that the said vndertake'''' should be released, by repaying the said some of 1000'' into the Chamber of London before there should be any Divident. Next was moued by M' Thfer the prosequuting of the Proposicon agreed of in the Last Quarter Co", w*^'' was, that the Magazine should imitate the order of the Company : f&rst that Officers should be yearely chosen and sworne & that §««■§ a true Ace° should be deliuered in vpon their Oaths. And first taking into consideracou the choice of their Directo', it was propounded whither they would haue one or two, w"'' was agreed to haue but one; and m'' Aldfan lohnson being there - vnto nominated and putt to the question, was by ereccon of hand^ confirmed. Likewise to be assisting to m'' Director, choice is now made of fine Comittees, viz", m'Essington, m'Rich : Morer, m' Edward Ditchfield, m' Richard Caswell, and m' Berblock. And for Auditors m'' Abraham Cartwright, M' George Chambers, M' Henrj^ Briggs and m' Richard V/iseman, 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. JUNE S8, 1619 239 And it was also by m'' Thfer desired that the 340" w"*" the Magazine oweth to the Generall stock may be forthw"" 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 Co", 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 wi*''out further delay. M' George Chambers in the behalfe of Martins Hundred desired the Company to make examinacon of some abuses off red to their Cor- poracon by the M'' and Marriners of the Ship, as also to rectify some wrong done vnto them by the Capemerchant : Where vpon 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 : w*"'' done the examinacon thereof was referred to two of the Counsell and two of the Company, viz", to m'' Aldfan lohnson, m' Morrice Abbott, & m'' Abdj- and m' Cartwright. And for wrong doune by the Capemerchant, it being not their case alone that complaynes. It was agreed that a Tre should be written from the Counsell to S' George Yeardley, and that M' Chambers and others [23]' 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- taoon was Laid vpon him in the disputing of men to be sent to the Colledge Land, in saying that he had some priuate endC in solliciting it soe hard; he therefore desired to be excused, and that they would prouide some other. Least in performing their desire ho should drawe ' Pages 21 and 22 are missing from tho manuscript. The catcli word at tlu- cud of imiic 20 is "deliuor." 16455— VOL 1— OU lU 240 RECORDS OF THE VIRGINIA COMPANY some maliguity therein \q3on himselfe : but being vrged therevnto by the Co", who generally cleering him of that impntacon 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. ITJLY THE VIJ"' 1619 S' Edwin Sandis Kn' S' Dudley Diggs. S^Tho: Gates. S'' lohn: Dauers. S'Nath: Rich. S'Tho: Wroth, m" Aldfan lohnson. m"" lohn Wroth. m"" lohn fferrar Dept. m' Geo: Thorpe. Being Present it honorable The Earle of Warwick. Thfer. m'' D' Winstone. m' Ed : Seott. m'' D"" Anthony. m'' Geo : Swinhowe m'Tho: Gibbs. m'Tho: Kightley. m^ Robt Offley. m' W" Palmer. m"' Rich: Rogers. m"' Wiseman. m^ W™ Cauiuge. m'' Lewson. m' fferrar lunio"'. m"" ladwine. m' Essington. m"" Meuerell. m' Hen : Briggs. m"" Roberts. w"' 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 S'' George Yeardley the Gouerno'', the same was now presented to this Court, where iu the Packett was couteyued a generall tre to the Adventurers, an Invoice of the goodC now come home, a bill of Lading, a certificate of the misdemeano' of one Showell who was sent to assist the Capemerch', a note of such goodC as the Countiy standeth in need of, an Invoice of the goodC w'^'' was Landed by the George 1G17, An account of the same goods, two bills of Ex"" to S' lohn Wolstenholme, and a note of mony w"" the Marriners oweth to the said Adventurers. JVLY 7, 1G19 241 The Geiierall Tre being now read, It was moued by m'' Thfer, that 2 points especially therein might be taken into cousideraeon ; 1. Whither it be convenient that iibertie 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. 2. That as he writeth he is onercharged w'" abonndanee of needles Comodities, and wanteth Plonghes and other necessaries, w'"" he hath often writt for, that it may be thought of how to be remedyed. [34] To w"*" purpose, the Court haue now appointed ffower of the Counsell, 2 of Smiths Hundred and 2 of Martins Hundred, viz" of the Counsell S'' Tho: Gates, m' lohn 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' W" Caninge, who together w"' the Director and Comittees for the Magazine are desired to meete too morrow in the Af ternoone at m"' Treasur" howse to eon - 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' Thfer required of the Officers then chosen for the Magazine, such Acc° as was then eomitted 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 w"*" appeareth to be due to the Company, nor that they would meete to audite the same, addressed himselfe to m'" Alderman lohnson as Director thereof, saying, he would complaiue to the LordC of the Counsell of it, or comence suite against him. Where vpon m' Alderman couceauing as he afterwards said he had threatned him in his owne person, replied, that he durst not, w"' some other angry wordC he then vttered; w"'' some of the Counsell tooke excepcons at, saying, the Court was very much wi'onged by it, and that if it were suffered to haue the Treasurer so vsed, there would be noe respect given vnto him, to w'*" the Court consented: And m'' Thfer for his part affirmed, that he did not meane nf Alderman otherwise then as 242 RECORDS OF THE YTROINIA COMPANY 1 1 he was 1 1 Director of the Magazine, & when he spoke of himself e 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 meut of the Maga- zine Company : And because it should not passe w"'out some reproofe or acknowledgm' of his part of an error, for preventing the like here- after soe neere as may be; It was moued by m"' W" Caninge, that the Co''' might presently decide it; and afterward vpon putting the ques- tion, by generall ereceon of handC agreed that the Counsell now present being the Ea: of Warwicke, S'' Thomas Gates, S'' lohn Dauers, S"' Nath: Riche, m" lohn Wroth and wY Deputy fferrar should meete too morrow morning at my Lo: of Southamptons, and they together w"" his Lo^ to consider of m' Aldermans words and to censure him accordingly. And because the Court could not now haue the meanes to end the differences depending betweene the Company and the Magazine Adventurers, it was desired that m' Thfer 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 S'' Thomas Smithes. M' Alderman lohnson being formerly chosen Director of the Maga- zine did now disclayme the same ; but w'^all promising that he would assist the Comittees thereof in any thing he might; but to be the Director he would not. JULY 13, 1619 lULY THE ISth 1610 A Court held for Virginia at Sir Tho: Smiths howse in Philpott Lane. Present the Right Hono'^ The Earle of Southampton. The Earle of Warwicke. S"" Edwin Sandis Kn' Thfer. S^Tho: Smith. m' Hen: Reignold^. m"^ Hen: Briggs. S'Tho: Waiuman. CaptS: Argoll. m'' Wiseman. S^Tho: Gates. Capt N : Bntler. m" Couell. S'Nath: Rich. m'' fferrar iunio"'. m'' Geo: Smith. S' lo: Wolstenholme. m"^ Ri: Rogers. m'' Bereblocke. S^Tho: Wroth. m'' Ro: Bateman. m"^ Roberts. m' Aldfau lolmson. m^Edw: Scott. m' Craumer. m' lohn Wroth. m'Rich: Bull. m' Kightley. m' Xo Brooke. m' Geo: Chambers. m' Shepherd. m' Geo : Sandis. m' Swinhowe. m' Mailing. m' Geo: Thorx)e. m' Paiilson. m'' Sparrowe. etc m"^ fferrar Dept. m' Rich: Caswell. m'Tho: Gibbs. m'' Caninge. m' D' Anthony. m'^ Ri : Moorer. The busines by the Last Court referred vnto the Counsell touching some vnseemely wordC giuen by m" Aldfan It)hnson vnto m"' Thfer to be censured by them, they hauing mett as they were desired, and thereon considered, did now delii;er their conclusion into the Courte, where after a long disputacon and reproofe of the offence comitted by m''Alderman,& a generall cleeringof m''Tferbyerecconof [20] handC and euery mans testimony of the scanda 11 imputed vnto him by m' Alder- man, that he should wrong any of the Company by vudeceut language ; It was agreed that for preventing the Like abuse to the Thfer here- after, the former Comittees, that is to saj', the Lord of Southampton, 244 RECORDS OF THE VIRGINIA COMPANY the Lo: of Warwick, S'lo: Daiiers, S' Tho: Gates, S'Nath: Rich, m*" lo : Wroth, m'' Geo : Thorpe, and m' Dei)uty fferrar to whome this busines was formerly referred, now adding vuto their number S' lo: Wolstenhohne, S' Tho: Wroth, should sett downe in writing to be entred in the Court bookes the iustifieacon w^'' the Court hath giuen to mr. Tfer; And should w"'all propose to the consideracon of the Court the forme of some strict Lawe for the preventing of the like wrong and abuse in future tyme. ' 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 lohnson was both Deputy of the Company and Director of the Magazine diuers great .somes haue beene wrongfully converted from the Cashe of the Company gtoS the vse and Casheof the Magazine, as namely the some of = 3-il = 13 = '4= of the Companies money was in May — 1617 — converted to the buying of goodC for the Magazine w'" were sent in the George, and rcceiued by the Capemer- chant, and returned in his Acc° w"" the gaine of — 85 — 8 — 4 — And moreouer in October — 1618 — the Companies Tobacco growing in their Comon garden was sold to m' Abraham Chambcrlaine for One hundreth three score and sixteene pounds; and that sofiie paid into the (^ash 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 1)y each for other: W*'" Account wee the Auditors for the Company haue beene on o'' 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, notw'"- standingo'' often requests and diuers orders of Courts, w""" 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 1)e paid by the Magazine to the Company, w"'out w'*' 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 w''"" hath proued fruitles: Wee are inforced according to the duty of o'' places to present the consideracon hereof to yo'' wisdomes, that some further course may be taken for doing I'ight to the Company, and advancing the Coffiion service thereon depending. Subscribed: Iohn Dackks: Io: Wroth: lOHN ffERRAR. ThO: KeIGIITLET. Henry Briggs and Richard Wiseman. [27] ' Some papers on this committee are given in the List of Records, Nos. 112, 113, pages 133, 134, ante. JULY 13, 1619 245 This being deliuert^d by the Audito", and w"" all the Aec" betweene the Company and Adventui-ers, whieli by the helpe of the Courtbooke (hailing examined it thorough) they haue finished; there onely rest- eth for the Court to decide, that if they will alio we of sundry trans - portacons of men, by former orders in the said booke not menconed, that then there wilbe One hundreth pounds lesse for the Company to receaue : But it growing late it was agreed, and that the Shipp should be noe longer stayde, that m' Thfer should make vse of the Three hundreth pounds due vnto the Magazine by the Adventurers of Smiths hundred, and that the Account betweene them shalbe f orthw"" audited : To w'^'' purpose my Lord of Southampton hath promised his assistance vpon ffriday morning next at Sir Thomas Smiths howse, at w"'' time m' Alderman, together w"' m' Essington, m' Abraham Chamberlaine, m' Richard Moorer and m' Berblock, are appointed to ioyne w**" the Audito™ of the Company and so to decide the Controuersy. fforasmuch as the Collector for Tobacco ref useth to deliuer the Tobacco now come home, vnlesse the Company will pay twelue pence custome vpon euery pound weight, w'*" is double aboue the booke of rates, the same being Ijut six pence, and also being freed by his Ma'''' Ires Pat- tents of Impost and Ciistome sauing 5 p Cent: It is now agreed, that a Peticon shalbe drawne to the LordC Comissiouers of the Treasury, and haue desired my Lo : of Warwicke, S"" Nath : Riche, m'' Aldf an lohnson and m' Brooke to attend their Lo^" vpon ffriday next in the Afternoone for the cleering of the same. It was moued by m' Tfer, 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 i;o 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' Thfer or m"" Deputy call an extraordinary Court; Which being approued of by the Court, there were nominated S' lohn Dauers, m' Deputy, m' Alderman lohnson, m' lohn Wroth, m'Tho: Gibbs, m'Geo: Thorpe, m' Cranmer and m' Chambers to meete at m' Tfers for dispatch of those businesses. 246 RECORDS OF THE VIRGINIA COMPANY M' Deputy acquaynting this Court, that the Comittees hauing mett, and devided the busiues amongst themsehies for the speedier sending away of this shipp; in w''*' 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 appai'rell was comitted, whoe part of them being out of Towue, the rest haue failed therein; iu whose steeds he desires, that some other might be appointed to per- forme that trust ; to w'^^'' by the Court is appointed m' Cranmer, m' Bull and Thomas Mellinge. All such Bills of Exchange as were now sent from Abraham Persey the Capemerchant concerning the Magazine amounting to Eighte hundreth pounds 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 Com-t to vnder- take for the cleering of these good? now come home in the Witlm and Thomas; for the which it is now ordered, that they shalbe saued harmeles. 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 S'' lohn Tasborough, w"'all 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 & S' lohn Tasbrough, & at their proper costs and charge may be free at his or their disposing to be remoued & planted according to their discrecons vpon such shares as shalbe by Pattent gi'aunted vnto them, for the w'" her Lap is content, that there shalbe a ratable deduccon made out of the proporcon of LandC allready graunted and allowed, or hereafter to be graunted & allowed vnto the said Lo Lawarr for his Adventures : And that the Charter pt w'''' his Lo^ entred into may not extend to the Losse and preiudice of them. It being noe part of his Lo^ or Lads^ meaning they should suffer for that his Lo^ stood engaged, and therefore resteth in her Ladishipp to see satisfied ; W^'' was also now confirmed by ereccon of hands. [20] JULY 21, 10 lU 247 niLY THE 21th lolo A Court held at M" ffERRARs howse in St Sythes Lane, Being present Right Honor'''" Henry Earle of Southam])ton. Robert Earle of Warwicke. S' Edwin Sandis Kn* Thfer. S^Tho: Smith. S^Tho: Gates. S' Edw: Harwood. S' lohnWolstenholme. m' Aldfan lohnsou. m*^ Xo Brooke. m' Morrice Abbott. m' lo : fferrar Dept. m^Tho: Gibbs. m' Do"^ Gulstone. Capt S. Argoll. m' ^ Shepherd. Capt D: Tucker. m'Edw: Scott. Capt N: Butler. m^Tho: Couell. m' Ni: Leate. m' Dan: Darnelly. m^ Stiles. . m'Robt: Smith. m' Clitherowe. m"^ Geo: Smith. m"' An: Abdy. m' fferrar iunio"' m'' Robt. Offley. m"' Geo : Chambers m' W" Palmer. m'' Balmford. m' Caning. m' Paulson. m' Hen: Briggs. m^ Woodall. m' Meuerell. etc. There was at the sitting downe of the Court by an vnknowne person presented to m'' Thfer the Letter following ; To S'' Edwin Saudis Thfer of Virgiuia. I H S Good luck in the name of the Lord, who i.s dayly magnified hy the experi- ment of your Zeale and Piety in giuinge begining to the foundacon of the Colledge in Virginia the sacred worke soe due to Heauen and 80e "Longed for one eartli, Now knowe wee assuredly that the Lord will doe 'A blank apace in the manuscript. 248 EECORDS OF THE VIRGINIA COMPANY j^ou good, and blesse j'o" in all your proccedinirf even as he blessed the howse of Obed Edom and all that peitajued to him because of the Arke of God, Now that yee seeke the kingdome of God, all thinges shalbe ministrcd vnto yo";" This I well see allready, aud perceiue that by this your godlie determiiiacon, the Lord hath giuen j'ou '' fauour in the sight of the peo- ple, and I knowe some whose hearts are much enlarged, because of the howse of tiie Lord our God to procure yo"" wealth." whose greater [30] designes I haue presumed to outrun with this oblacon w^'' I humbl}' beseech yo" maj^ be accepted as the pledge of ray Devocon aud as the earnest of the Vowes "w"'' I haue vowed vnto the Allniighty God of lacobb concerning this thing," W'''' till 1 may in part pcrforme I desire to rcmaAue vnkuowne and vnsought after. The thinges ai-e these A Communion Cupp w"' the Couer and case. A Trenclier plate for the Bread. A Carpett of Crimson Veluett. A Linnen Damaske table cloth. M' Alderman lohnson reported, that according to the trust reposed by the last Com-t vnto himself e and some others they had performed, by being w^'" the LordC Comissioners about the cleering of the Tobacco now come home agreable to the Pattent, whoe referred it to S' Lyonell Cranfield and m' Attorny Generall, but they being out of Towne, he desired that some other might now be appointed to attend the Lord^ agayne for the finishing thereof: Where vpou the Court haue desired, the Lo : of Warwicke, S'Tho : Gates, Capt Nath : Butler, m' Clitherowe and m'' W" Caniuge to attend them at such time as Ifrancis Carter shall giue them notice that they sitt. Sir lohn Wolstenholme moued the Court in the behalf e of Martins Hundred, that in consideracon of the Losse they haue sustayned by the Guift, w*^'' they sett out, that they might haue shares in Virginia foreuery — 12 — 10 — 00 they haue therein spent: w'*' if the Court Avould 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 w"'', reply was made by S'' Edwin Sandis Thfer, that hauing beene priuately acquaynted w"" this moeon, and hauing throughly waighed it, he could not givte way vnto for ffower reasons; JUL Y 21, 1619 249 1. ffirst it was contrary to his Ma" Li-es Pattents; 2. Secondly it was rejmgnant to y"" Standing orders of the y" Company. 3. Thirdly it failed of the very end it aymed at, for it was not any advancem' to the planting of Martins hundred. 4. ffoiirthl}'' it was preiudiciall & that in a high degree to the General! Plantacon, & to y" strength, peace & prosperity of y" Collony. [31] He began w"" the second reason as being fresh in memory, & reading the Orders in the title of Graunts, he shewed, that all LandC 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 Coinon 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 PattentC, namely the second & third ; diners passages of w'*' he there openly read, importing that the Laud^ 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 huue paid in noe mony to the Coinon 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 Pattents. 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 & jjeopling it so to reape proffitt, now of such Land it was in euery Adventurers power to haue asmuch as he pleased w'^'out 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 YIRGINIA 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 w"* 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- self e should desire. On the other side to enlar£je 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 Plantaeon in many points of ymportance ; first in matter of strength for those titles to great extent of Land; so to keex)e other from it, would be a great weakning to- the Collony by disioyning the parts of it one so farr from another Yis Vnita Fortior. Againe it would be a great discouragem* to new perticule' Plantaeons if either they must sitt dowue 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 LandC there by transporting of peoi)le, and so by increasing the Collony in strength & multitude, the vertue and good intent of this Order wilbe defeated, if men may haue their Land^ encreased w'Wt such transportacon, & onely by f atio"' & plurallity of voicC in Co"'. [32] Nowe as this mocon is prieiudiciall to y" strength & encrease of the Plantation, so is it also to the peace thereof, good governmen* and iustice : It is not iust that a man should be paid twice for the same thing ; ff or the men transported they haue allready allowance of Land — 50-!- Acres the person whither dead or lining : 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§ diners 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 hai;e 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 m, 1619 251 doe"? Sir Tho: Gates, and S' 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 w"" their Accounts for all their tyme, what a confusion & disturbance will ensue thereof? shall wee deny that to them w'^'' wee allowe vnto o' seines? or shall wee admitt of their demaund< and sett them out Land accordingly? how then shall wee pceed in examining their Accounts? 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 Mai'tins hundred ; but for this perticuler, he would not approue it : Howbeit if men were not satisfied w* these reasons, he would be well content, that the matter might be referred to a Quarter Court, vnto W"*" it did more properly belong; and that in the meane time, it might be referred to the consideracon of a Graue Comittie to be indifferently chosen out of the Generallity and Counsell. Vpon this S' Edward Harwood propounded, that for satisfaccon and encouragement of Martins hundred, there might be some quantity of Land bestowed vpon them by way of gratuitj^ and seruice : w'''^ was generally well liked, and the accomplishment thereof referred to the next Quarter Court, & in the meane time the matter should be pre- pai'ed by a select Comittee. And whereas the said S'' lohn Wolstenholme Long since Lent the Company at one time 300'' and at another time — 100", and after a Long time reeeaued it in agayne by Litle somes ; that therefore in consid - eraeon thereof, and that he receiued noe interest for the same, he moued, that the Court would recompence his kindnes by giuing him some Land ; w''' was now thought reasonable, if the qrter Co"^ (as they doe not doubt) shall allow thereof. Vpon some dispute of the Polonians resident in Virginia, it was now agreed (notw"'standing anj^ 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 VIROMIA COMPANY ashees shall not dye w"' them, it is agreed that some young men, shalbe put vnto them to learue their skill & knowledge therein for the benefitt of the Country hereafter. [3-3] It was ordered vpon consideracon that many prineipall 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 w''^ time nothing shalbe agreed of, or putt to the question : w""^ was confirmed by ereccou of handC. The order of the Last Co'* toiiching 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 Co'''^ began againe, and soe often as they shall see cause, or be invited by any occasion. An Act of the Co''' made Decinio quarto die lunij 1619 concerning a Pattent graunted to lohn Woodliefe Gent and his Associate is now by the consent of this Court, & liking of the said John Woodliefe altered, & is to goe in the name of S'' Tho: Wainman & Associate: And is agreed vpon the request of the said S' Tho: Wainman, that a ti-e of informacon there of shalbe written to the Goueruor, inasmuch as it wilbe the qrter Court in Michaelmas terme before it cann passe the scale, 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 there vnto. I OCTOBER 20. 1619 253 OCTOBER THE 20'" 1619 S^Tho: RoeKn'. W lo: Dauers. S^Tho: Gates. m'Mo: Abbott. m"^ lo : fferrar Dpt. m^Tho: Gibbs. m'' Geo: Thorpe, m'' D' Anthony. m' D' Winstone. Present m'' C Gulstone. m'' Hen: ReignoldC. CaptS: Argoll. m"^ Rich: Rogers. m'' Hen: Briggs. m' W" Caninge. m'' Geo: Swinhowe. m' Nich" fferrar. m'' ^ Shepherd. m^Tho: Keightly. m^Rich: Bull. m'"Rich: Wiseman, m' lames Berblock. m' W" Palmer, m"' Rich: Caswell, m'' Roberts, m^ Tho : Melliug. It was made knowne by m'' Deputy that the time being expired, wherin during this terme of vaeansye, 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 Coxart : 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; conteiTiing- the meanes of sending large supplies of men and Cattle for Virginia this next Spring. [34] A tre being sent from his Ma*'*' directed to m"' Tfer and Counsell for the sending diuers dissolute persons to Virginia, w"*" S' Edward Zoucli kn' Marshall will giue informacon 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 Ma*"' Ire till the next Court, when w"' the LordC & m'' Treasuror it might be agi-eed how his Ma'*' ComaundC might most speedily and conveniently be effected: In the meane while S' lo : Dauers promised to acquaynt m' Secretarie Caluert and S' Edw : Zouch the reason that they gaue not p'seut answere to his Ma'" gracious Lre. 'A blank space in the niannscript. '' For "conteniplntinj;." 254 RECORDS OF THE YIROINIA COMPANY Mr. Wiltm Caninge tooke occasion to expresse some kinde of grief e for the long want of Courts, in w"^'' he had hoped of redresse in the point of what the Co" had ordered in the busines betweene him and his Assoeiats defendants against Capt Bargraue in Chauncery, inti- mating that if the Courts had continued or might be kept at S' Tho : Smiths he would not doubt of the whole Courts satisfaccon otherwise then had beene. Sir Tho : Smith and others appearing in the behalf e of him, and the defendants against Capt. Bargraue, but S'' 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 bowse ; and through his Long experience and good will to the Accon, was able to doe the Company very extraordinary service: w""^ point? concerning the abillities & courtesyes of S' Tho : Smith were seconded by some others ; but M' Caning farther vrging the reconsideracon of the Acte of Co" be- tweene him and his Associate and Captaine Bargraue, and A'ttering 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 moeou to haue it renewed againe in Co" 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 w""' he and his Associate had beene vniustlie preiudiced as he conceiued ; Some was of opinion that his mocon was equitable ; neuertheles it was held fitt, it should be referred to be moued againe at the next Court, w''*' 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 5, 1619 255 NOTTEMBER THE THIRD 1619: Being present The Right Hono"^ The Lo: of Warwick. Generall Caesill. S' Edwin Sandis Kn' S^Tho: Roe. S'lo: Dauers. S' Harry Rainsford. S^Tho: Wroth. S'Nath: Rich. S^Law: Hide. m' lohn : fferrar Dpt. m' D' Gulstone. m"^ D"" Winstone. Thfer. m"' Geo : Sandis. Capt Argoll. Capt Bargraue. Capt Tucker, m^ Tho : Gibbs. m' Rich : Tomlins. ' Steward. Geo: Chambers, m' lohn Delbridge. m' m^Tho: Keightley. m' Shepherd. m'Edw: Ditchfield. m^ Rich: Wiseman. m' ^ Bamford. m' Caswell, m"^ Cranmer. m*^ Hen: Briggs. m' la : Berblock. m' Lewson, etc. As in the last Court M' Deputy acquaynted them of m"" Thfer 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 consideracon 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 lanuary last there went ffifty men w"" S' George Yeardley to be Tenants 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 w* him, touching the Loane of Corne and Cattle as he expected: Then 4 more were sent in the Triall according to the 16455— VOL 1—06 -17 'A blauk space in the manuscript. 256 RECORDS OF THE VIRGINIA COMPANY direccon of his Ma"^ 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 hnndreth persons or thereabout w"*" appeareth to haue beene sent in these 2 or 3 last yeares at the Companies charges, S' Geo: Yeardley writeth of but three to be found remayning for the Company; So that there is by this Account vpon the Coinon Land 72 persons, 53 on the Gouernors, and 50 on the Colledges : 175 in the Avhole. 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, w"*" will make those allready sent for the Gou- erno' Colledge, and Coinon Land the full nomber of Three hundred, and so the Gouerno"' to haue 100 men w"*" will not be lesse worth then One thowsand pound? p Ann 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 w^'out reward ; soe likewise here, the Company may not expect, that although their Tfer for the time past and pnte, as also the Deputies of late serue meerely out of theu- 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 thovight 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. Maid? young and vncorrupt to make wifes to the Inhabithnt? 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, w"*" will breed a dissolucon, 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 plentiful!, and great prom- ises there for the Haruest ensuing. Then to euery 100 men, he aduised there might be sent 20 young Heifers w"" wilbe Threescore, and they w"' 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, w*^"" by reason of the intoUerable charge the Company is at by sending ships, that that course should be left of and rather send by those that trade to Newf oimdland at Six pounds a man, w*^*" 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 w'" all things requisite, will amount (as he hath computed it) not aboue ffower thowsand pounds ; 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 mencon 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 w*" 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 pounds, w"*" he intends accord- ing to the promise made vnto the LordC shall goe to noe other end but the advancement of the Plantacon. And for the Three thowsand poundC, w''" was spoken of when he entred to be Tfer 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 2000" allready, promising that he will not leaue the Company 258 RECORDS OF TEE VIRGINIA COMPANY one penny in debt by anj^ Act to be done by him. And for the ratifi- cacon hereof, he referred it to the qrter Co'*, onely now proposing it, that in the interim it might be considered of hy the Company. Next he acquainted, that the Counsell sitting this morning at my Lord of Southamptons, there were some mocons made for y" bnsines at home, one was concerning Tobacco in General!, that the planting of it here would be the destruccon of the Plantation, and therefore that the Company might be humble suito" for an inhibicon thereof ; but this was conceaued might be a scandall for Virginia, as that it could not subsist w'^'out 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 Ire in then- [names, and to be signed by them, w*^^ he promised forthw'*" 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 w"* earnest request of present expedicon. And seeing that m'' lacobb contrary to the priuiledges of their said Pattent ; the Letter of his Ma" priuy Counsell in their behalf e, and the Adventurers offer to leaue halfe w"" him, that they might obtaine the other halfe to sell away that it might not all perish, had reiected all mocons and meanes of agreement, and in contempt of their Lo"'' Letter refused to deliuer it vpon those reason- able condicons sett downe by their Lps, that therefore he thought it very expedient (the LordC consents being first obtayned) that the Company comence an Accon of damages against him, the losse they haue receaued being estimated by many at — 2500" — w*"'' mocon so suted w"' the desire of the Court (sailing that the LordC consent was thought vnnecessary) that for the rest they intreated it might be putt to the question: w"*" being done, and also propounding whither the suite shall proceed at the Comon charge, being for the mayutennce of the Pattent, and the Magazine to appoint Sollicitors, was ratified by NOVEMBER J, 1619 259 ereccon of hand^; The Court hauing now chosen for their Counsell, S"' Lawrence Hide and m"' Xof er Brooke ; And to sollicite the cause m"' Tho: Melling for the Company, m"' lames Berblock for the Maga- zine, and m' Richard Caswell is entreated to assist them. [38] According to the refference in the Last Court his Ma" Lre was now taken into most dutifull consideraeon, and it was agreed w"" all con- venience to fulfill his Ma'" comaund, and to send them ouer to be servants, w"" wilbe very acceptable vnto the Inhabitants, as m' Thfer hath vndei'stood from them, and in the meane time till they may be sent, w'''' wilbe about January, M"' Treasuror shewed, that in like case the Lo : Maior had beeue sollicited to giue order for the keeping of them in Bridewell, w'*" was answered to be performed allready, and the Covirt desired m' Treasuror to giue his Ma'^ an answere by m"' Secretary Caluert. Mr lohn Delbridge mocon 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' W" 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 w'^ matter of ff action : Therefore when the Counsell meetes, that he be warned to attend them to receiue admonieon and if that after he continue in his wonted byas, that then he be disfranchized according to a standing order in that behalf e. And whereas formerly a seale for the Company called the Legall seale was referred vnto a Comittee to consider tt §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 Saudis, where they will deuise to take a Cote for Virginia and agree vpon the Seale. 260 RECORDS OF THE VIROINIA COMPANY fforasmuch as noe deuision of the lointstock 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 w'" 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 handC, and to call the Officers of the Magazine before them to giue vp their Acc°, as also to heare aswell the obieccons of the Adventurers, as the answeres of the Officers, that soe right be done, and the differences Long depending may be f reindly decided and ended : W'' mocon was also extended to such accompts of the former Magazine as remayne yet vucleared. [39] And although the Company is allready exceedingly behoulding to my Lord of Southampton for his many bono'"''' fauo" & nobly counte- nancing them in all their businesses, and especially such as is of great- est importance ; yet notw^'standing the Co'' are most humble suitors vnto his Loj>, that he would please also in these businesses of so great importance, and w"'' haue beene the onely cause of distraecon and dis- cention in the Company, to vouchsafe his presence at that meeting of the Counsell, that by his Lo^' and their authority, those differencs might be concluded, the Comp satisfied in their right, and all occa- sion of continuing iealousies and displeasui'es be remoued : W*" mocon being made by m"^ Thf er was by Generall ereccon of handC confii'med noe one dissenting. M' Thfer also moued, that Captaine Bargi-aue should be desu-ed by the Court, that at leastwise after the examinacon of his witnesses (vpon w*^** 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 w"'' Captaine Bargraue gaue his consent, and the same was generally well approued of by the Court. NOVEMBER 15, 1619 261 NOUEMBER THE 15*" 1619 A Peeparatiue Court held for Virginia at M" ffERRARS HOWSE IN S'' SyTHES LaNE. PRESENT The Right Hono'^ m"^ Treasurer. S^Tho: Roe. S' lo: Dauers. S'Tho: Wroth. S'H: Rainsford. S'Nath: Rich. S'' Id: Wolstenholme. S' Anth : Aucher. S^Ro: Winchfeild. m'' Geo : Sandis. m"^ lo : fferrar Dpt. m"^ D"" Anthony. The Lo: of Southampton. The Lo: Cauendish. The Lo : Pagett. m"" D' Winstone. Capt: S. ArgolL Capt Bargraue m' Ruggell. in''Aug: Steward, m' Shepherd, m"^ Bamford. m' Keightley. m"' Briggs. m"" Meuerell. m' Lewson. m'' Swinhowe. m'' Wiseman. m."" Couell. m'^ Cranmer. m"' Berblock. m"' Smith. m'' Chambers. m"^ Boothby. m"^ Bland. m'' Melling. m"' E : Robei'ts. etc. M' Tfers proposicon at the last Court being now I'ead and consid- ered of, S' lohn Wolstenholme intimated, that for his part [40] he liked them very well, but w^'all moued that some of the Companj' might be appointed by the Court to examine whither the monies to come in, would be sufficient to doe this, and to leaue some remaj'ning in the Treasury to defray such charges as either by his Ma"* eomaund for the sending ouer such men as he shall write for, or otherwise may accidentally happen. Where vnto was answered, that these Proposi- cons had beene formerly proposed to the Counsell at Southampton howse, where they were generally approued to be beneficiall and 262 RECORDS OF THE YIROINIA COMPANY advantagious for the Plantacon, And therefore not fltt they should be reassumed from thence to a priuate Comittie, Esteeming the Counsell the chief est Comittee could be chosen. Also mr. Tfer to the generall satisfaccon of the whole Court made this answere, that for those nombers to be setled on the Comon, Gouernors and CoUedge Land, he would not leaue the Company indebted one penny : As for former debts he had allready paid aboue 2000" towards discharging of them, and a 1000" he would pay when it came in, w'^'' 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- fuU then to leaue vnperformed those designes & workes w"*" themselues are certaine and good, for things accidentall and vncertaine; So as noe man further opposing. The former Obieccon vanished. And it was moued by my Lo: of Southampton, that the Court hauing now heard the Proposieons 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 obieccon, the Proposieons rested w**" generall approbacon of the Court. Touching the Legall scale spoken of in the last Court, the Auditors at their Assembly haue therein taken some paynes, w'^'' 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, w*^** hath the Kings Armes or any part thereof, w'^'' he now pre- sented to the Court, and m' Tfer 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 16, 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' lohn Wolstenholme for the better concluding thereof hath also promised that he will giue order for the meeting of some of the Adventurers, together w"" m'' Essington to examine the State of the Magazine, & the Accounts against the Counsell meete. M' Tfer also signified, touching the Standing orders that nothing is done, in w"*" time discouereth not some imperfeccons, acquaynting that some § stood in § need of some small explanacon, and that there needed to be an addicon of Two or three more, w"*" 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, w'''' to that Court was referred. M' Tfer desired the allowance of this Court of one thing agi-eed of by the Aviditors and Comittees of the Colledge, w'''' was that 1400" — od mony in all being receaued of the Colleccon monyes byS'Tho: Smith, of w'^'' vpon seuerall occasions, therewas vented by way of Loane for the vse of the Company Eight hundreth pounds, the Remainder being 500" odd money was paid vnto mr. Treasuro'; Therfore that the said 800" — might be reimbursed out of the Coinon Cash in to the Colledge mony, w"" was ratified and allowed of by the Court. 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 Laud in Virginia: w''' sundry of the Co" aeknowl- edgin[g] his paynfuU 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 Also vpon the peticon of Mathew Cauell Master of the W" & Thomas, shewing that in consideracou of a Bote & ship Anchor deliuered to Capt Samuell ArgoU for the vse and benefitt of the Plantation, Reed of the said Capt ArgoU in Virginia his freedome & 400 w" of Tobacco, w'^'' since his coming home, he could not receiue from the Custome howse w'^out putting in caution to pay to m' lacobb Two shillings a pound, therefore in reguard of his said freedome, desired he might Copart of the like priuiledges the Company doe. W"'' 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 Plantacon : 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 17"' OF NOUEMB 1619. WeRE PRESENT. The Right hono'^ Henry Earle of Southampton. Robt Earle of Warwick. The Lo: Cauendish. TheLo: Sheffeild. TheLo: Pagett. S'EdwrSandisKn'Th Per. S'Tho: Roe. Tho: Gibbs. m' Chambers. S^Dud: Diggs. Geo: Sandis. m' Palmer. S'' flfran: Popham. Arth: Bromfield. m^ Whitley. S^Tho: Gates. lohn Bargraue. m' Morer. S' Ferdinand : Gorges. Capt. S. Argoll. m^ Ditchfield. S'' Id: Dauers. Hen: ReignoldC. m"^ Edwardes. S' Hen; Rainsford. August Steward. m'' Wiseman. S'Tho: Wilford. Ri: Tomlins. m"' Shepherd. S'Ro: Winchfield. Tho Wells. m'' Cranmer. S-'Tho: Cheeke. Edw: Brewster. m' Be-rblock. S'Nath: Rich. m' lo: fferrar Dpt. m' Rogers. S'Tho: Wroth. m' Hanford. m' Couell. S'lo: Wolstenholme. m' Clitherowe. m' Boothby. D^Math: Sutcliff. m'' Nich : fferrar. m' Caswell. D^Fr: Anthony. m^ Hen: Briggs. m"^ Barnard. D^Theod: Gulstone. m'' Caning. m"" Roberts. D'Tho: Winstone. m" Bland. m' Geo : Smith D' Law: Bohun. m' Bull. m' Meuerell. Phillip Chidley, Esq,. m' Keightley. m' Boulton. lohn Wroth. m' Mellinge. Before the reading of the Co'*' there was presented by m' Tfer a list of all the Counsello" names of Virginia, being of Earles, Barons, Knights, Gentlemen and Citizens about 100 in all, w"" this Caution 266 RECORDS OF TEE VIROINIA COMPANY that if any heard themsekies named, and had not taken theii- Oaths, they were to repair to the Lo : Chauucello"^ or the Lo : Chamberlaiue to be sworne. Afterward the writing eonteyning an addiCon & 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 Coui'tes being read, m' Treasuror putt the Court in remembrance of his former Proposicons propounded in the Co"^ 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§meu§ pnte, he related them againe to the Co" in effect as f oUoweth ; Mr. Thfer 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 Public^' now lately decayed, and the reforming of some errors, w*^*" 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 Plantacon : ffor whereas not much aboue Three yeares agoe there were returned from Virginia Twelue severall Comodities sold openly in Court to the great bono" of the Accon and eneouragem' 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 misgouernem' reduced themselues into an extremity of being ready to starue (vnles the Magazine this last yeare had supplyed them w"" Corne and Cattle from hence) to the stopping and great discouragem* of many hundreds 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 ' Thia 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 Ma*^ 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 Couennt, An example whereof they should see in the Pattent lying before them to be passed in this Court to m' lohn Delbridge and his Associats. Now touching the Publique, he was first to present to their remembrance how by the admirable industry of Two worthie knightC S'' Tho : Gates and S' Tho: Dale, it was sett forward in a way to greate perfeccon, whereof the former S' Tho : Gates had the bono'' to all posterity to be the first named in his Ma'" Pattent of graunt of Virginia, and was the first who by his wisedome, valo'' & industry, accompanied w"" exceed- ing paines and patience in the middest of so many difficulties laid a foundacon of that prosperous estate of the Collonie, which afterward in the vertue of those beginings did proceed. The latter, S'Tho: Dale building vpon those foundacons w'^ gi'eat & constant seuerity, reclaymed almost miraculously those idle and disordered people and reduced them to labour and an honest fashion of life, and proceeding w"* great zeale to the good of this Company sett vp the Coiiion 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 w"" a great stock of Kine, Goates, and other Cattle, being the goodC of the Companie for the service of the Publiq,, w*^*" hath since beene the occasion of drawing so many perticuler Plantacons 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 beuefitt vpon their first ariuall. But since their times all these publiq, j)rouisions 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 comai;nd his service to sett vp the publiq, againe, in as great or gi-eater hight then heretofore it had : The maintayning of the 268 RECORDS OF THE VIRGINIA COMPANY publicb 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 remayued to be perfected, he recalled to their remembi"ance, 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 Comou Land of the Companie ; viz" 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 LandC : In January last there went w'" S' Geo. Yeardley 50 Tenants for the Gouerno" Land transported at the Companies and furnished at his charge, and six he found remayning of Capt Ai-golls guarde: In the March afterward there were sent §twenty§ to the Companies Land by M"^ Lawne, whereof he hath deliu.ered 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 w"" great care, and extraordinarily furnished, whereof 50 for the Companies Land, and 50 for the Colledge Land, So that making deduccon 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 Publicb might be encreased this next Spring vp to the nomber of 300, viz" one hundreth for the Gouernors Land, 100 for the Companies and 100 for the Colledge Land ; w"** (if he be truly informed by those whoe best should knowe it) being rightly imployed will not yeild lesse in value then Three thowsand pounds yearely revenue for these publiq, vses. And because care both hath beene, and shalbe taken that diuers stayed persons and of good condicons 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 w"" the Company 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 Proposicon, 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 Proposicon 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 bai*e 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 w%ut after reckonings. A ffifte Proposicon for the sending of 20 Heifers vpon eu^y 100 of these Tenants, Threescore in the whole, w'^'' he hoped might be done taking the opportunity of Shipping in the Westerne parts at Ten pounds 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 pounds 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 i-eckonings 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 foundacon Laid for a future great state. The Adventurers and Planters well comforted and encouraged. All matter of seandall and reproach remoued, and so he would comend the Accon to the blessing of God. These Proposicons after some pause, receauing noe opposicon were putt to the question & receaued the generall approbacon of the Court. 270 RECORDS OF THE VIRGINIA COMPANY Next he acquaynted that at the Court of eleccon, there was choice made of Sixteeue 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 steedC w"'' had not taken their oathes, others might be chosen in theu-Roome, men knowne to be of wisedome and industrie, and whose Zeale to the Accon might appeare by the menaging of the Companies busines, w''" now gi-ew great & waighty; Where vpon there was nominated m*" Doctor Winstone, m' Shepherd, m' Rich: Bull, m''Wil}m Cranmer, m'Daniell Darnellie, and m'Tho: Mellinge, who from time to time have promised their best assistance, & there vpon receaued their oaths. [46]^ Mr. Thfer bin w"- Allso hcc acquainted thatt in settinge forward pt of his proposiconns my Lord Maior. ^^^^ confirmed hcc had to thatt purpose been w*'' the Lord Maior who found him as willinge to pleasure the Company as he desyred, w*all desyi'ed to have their myndes in writinge that the Court of Aldermen and the Common Councell may the better vnderstand them, w"'' being now reddy drawne was read and allowed of, the Coppy of w'''' ensueth — To the Ri Honorable S"' William Cockaine kn' Lord Maior of the Cittie of London and the Right Wofp: y" Aldermen his Brethren and y" Wo': the Common Counsell of y° said Citty. Lo: Maior and Conrte of Alder- men. The Companies The Thfer Counsell and Company of Virginia assembled in their great and gen- declaracon to y« erall Courte the 17"" of Nouember i6i9 have taken into Consideracon the contin- ual] great forwardnes of his honorable Cytty in advancinge the Plantacon of Virginia and pticularly in furnishinge outt one hundred Children this last j'eare, w"'' 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 yo""' bounti- full assistance, wee in the name of the whoU 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 ef §to§ the people: Wee pray yo"" Lo": 'At the top of the following pape of the manuscript the handwriting changes to that of Nicholas Ferrar's a.sai6tant in supervising the transcription of the record.s. The corrections are few in number and iistially by the copx'ist rather than by the reviewer. This has been referred to as the autograph of Thomas CoUett. See Plates, NOVEMBER 17,1619 271 and the rest in pursuite of yo"' former so pyous AcCons to renew yo' like favours and furnisli vs againe w"" one hundreth more for the next springe; Our desire is that wee ma^^ 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 gvaunted. They shall be Appren- tizes the bo3'es till they come to 21 years of Age the Girles till the like Age or till they be marr)^ed and afterwardes they shalbe placed as TennantC vppon the publique Land w"" best Condicons wher they shall have houses w"' Stocke of Corne & Cattle to begin w'*", and afterward the niojtie of all encrease & pfitt what soever. And soe wee leave this mocon to yo"" honorable and graue Consideracon. [47] Moreouer that hee had drawne a Publicacon w"'' if itt were liked, ^ PuWicacon 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 w*"" beinge read and putt to the question was ratyfied by ereccon of hands. After this hee signified that accordinge to the desire of the last Courte hee had beene w"" m'' Secretary Calvert and delivered the Companies answere touchinge the Transporting of men prest by his Maty w'^'' gaue nott full satisfaccon for that the Kings desyre admitted no delaies butt forthwith to have 50 : of the 100 shipt away with all speed, Notw^'^standing the many inconvenyences w'^'' m'' Thfer 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, w"'' would stand the Company in fowre thousand pounds, and they not suddenly to be gotten att this time of the yeare, butt all not serv- inge the turne hee tolde them what a pinch hee was putt vnto and therfore desyred their Counsell and Advise. Whervppon divers waise beinge thought on and considered, the Court "^^^ company to could finde no fitter nor mor sattisf actory answere then this ; That {„ mavntevne^ the Company would be att the charge to maynteyne them till ther i>e shi'ppinge pro- may be Shippinge provyded, if so be they were commaunded to doe "^^^^ 16455— VOL 1—06 18 272 RECORDS OF THE VIRGINIA COMPANY A Comittee to jj-t And therfore have apoynted a Comittee of select Marchantts to w^-^n^eeir^'"^ imploy their wholl eudeavours for the Compassinge of Shippinge w"" 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 ^liat end m' Thfer was content the Eight hundred pounds Adven- agazine. ^^^^^ ^^^ |-]^g 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 ^.j^g^ should be two huudrcth pounds more added outt of the Cash in Added. ^ his Custody, w'"'' Thousand poundC to be onely for the sattisfyinge of his Ma''': desyres from tyme to time. The Somer Hands ^j^j wheras the Company of the Somer Iland^ doth allwaies reporte tralfeporthig'e ^^ ^^ gracious favour his Ma*^' extendeth to Virginia, that therfore Bome of them. the next Qviarter Courte for the said Hands the Company therof be intreated to loyne for the Transporte of some of them to be ServauntC M' Thfer to drawe yppou their Land; My Lord of Warwick, S' Edwin Sandys, m' lohn deHuer u"to Til' Ferrar and others intendinge to take some of them to that purpose, secrt. Caiuerte. for prosecutiuge of wch itt being putt to y*" question was generally agreed of, intreatinge m' Thfer that to this effect hee would in writinge drawe the answere and deliuer itt to m"' Secretary Caluert to informe his Ma'^ : [48] TheMagarineheid Concerning the Magazine w*"" is held to stand in Despei-ate Tearmes, espera e. ^^^ goods remayniugc in Captivytie ; M"" Thfer f allinge into speech w**" a greate noble man of the State of Virginia att length Complayned of Mr. Thfers Com- the greatc losse they have susteyned by m"' lacobbs deteyninge a wholl ."listevnd bv m' J^ars harvest, notwithstandinge all the offers that was made, and that lacohh other bussines this Tearme being so great this could have noe reso- The comf,: to i)e hxcou from the Kings lear[ne]d Councell; Whervpon hee advised him Counc'eU Table ^ '^^ bringe their Complaynte vnto the Councell Table, and ther they should be sure to receive all the right that might be : Dispute aboute The desperate estate of w''*' and the neglect of the presentinge the poiuingeof y'Mag- Accompts therof caused a suddaine dispute, whither they should pro- azine. ceed forward in the maynteyninge of itt or absolutely to disolve the same, Some beinge of opinion that free Trade might be more benefi- NOYEMBER 17, 1619 273 call to the Plantacon, vnto w''' S' lohn Wolstenholme aleaged that '^" ^'^ '«''^isten- as the settings vp of that Magazine was the life and cheif e support of to itt that Plantation so heedesyred 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 mocon 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 J'' '"^ argued be- fore V* CounEcll. Debatinge itt was ordered that itt should be argued att full before the Counsell and they to relate their opynyons to the Courte, lohn Delbridge Indentures of Land for him and his Associates beinge M' Deibridge in- now delivered engrossed into the Courte after beinge read & fyndinge dentures ordered them Concurre w"" the Orders of the Company receaved Confirma- tion w"' allowance of the Seale to be thervnto anexed, Captaine Brewster desyred to have the hearinge of his cause deferred The hearinge of till the next Preparative Courte w"*" is agreed then to be heard. cause deferred*^" Abraham Peirses allowance of 200 Acres of Land in the last Courte Abraham Peirseyp beinge now putt to the question was Confirmed vnto him, Confimed° ° Sir lohn Wolstenholme moved that accordinge to an Acte of Courte S' lo: Woisten- made the 21* die lulij i6i9 vppon the mocon of S^ Edward Har- J^°i™« "°f " f"^ •' ' ^ ?orae Land to lie wood ^ for some Land to be given to the Corporacon of Martins Hun - ginen to y c^rpo- dred for their further encouragm' itt was then putt off vnto this great '^^°" °^ 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 ^"^ propoeicon re- his proposicon then to the Com]iany for some Land to be given him ,^-,r, in consideraeon of monney ther in said Courte exprest w'"'' is referred vnto the Auditors to cast vpp what may be due vnto him by the interest of itt & accordingly to gratefie him. Mathew Cauell m' of the William and Thomas paide now vnto M' -^ '''" ?eai«^ for Thfer 12": 10: 00 f or w'^'' hee receaved a bill sealed for one hundred ^^ ^^j{!^(i'^„j'|" ' Written over the name "Haywood." 274 RECORDS OF THE VIRGINIA COMPANY Acres of Land, and admitted into the fellowship of the Company, And in (ionsideracon that hee was one of the first finders of the Plan - tation and had therin merited well, Itt was agreed that hee should A Fiiigie Share to have a single Share for the same, w"' a note vnder m"' Thfers hand to the Custome house that hee is a free brother of the same Company. be giueu him ten to S' George Yeardley in y' be halfe of Cap' New port? Sonne. A Tre to be writ- Whereas the Company hath formerly graunted to Captaine Newporte a bill of Adventure of fower hundred pounds, and his sonne now 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 S' George Yeardley and the Counsell of State for the effectinge hereof. Cap' staiienge ^g allso that such things as belonged to Cap': Stallenge slayne therby foTiiL'widdowe" William Epps be reserved for the vse and benefitt of his widdowe. An EXTRAORCmARY CoURTE HELDE THE Xxij"^^ OF NOUEMBER 1619: Present. The Ri: Wor^: S^ Edwin Sandys kn* Tfer, S"" Nicholas Tufton. S' Henry Rainsforde. m' John Wroth. m"" lohn fferrar, Dep'. m'' D'' Anthony, m"^ D"^ Wynstone. m'' George Sandys, m"' Thom: Gibbes. m'' Nicho : Ferrar. m^Tho: Bull, m' Keightley. m"' Cranmore. m' Hen: Brigg^. m' Bearblock. m"^ Meverell. m' Blande. m' Case well, m' Eli : Roberts, m'' Couell. m' Mellinge. A Tre deiiuend M'' Treasuror signified that this extraordinary Courte was to acquainte Caiuert ^^'^^'^®'''" them that accordinge to the intent of the last great Courte hee had drawne the Tre to his Ma'-" in the name of the Tfer Counsell and Company and had delivered itt to m' Secretary Caiuert together w"" a Coppie NO VEMBER 22, 1619 275 therof . butt itt beinge thought that Tre would not serve his Ma'^ hee was [50] to propound his and crave their further advise that if one ^'^" '" .^ ^"^° inindreth pounds w'^'' should have beene for mayntenanee of those men g^oss \.esi'' ^''™°';'^.^' "^ hath beene there is veryfied to be false, as allso that itt 276 RECORDS OF THE VIRGIXIA COMPANY tendeth to the discourragment of sundry Adventurers who purposed to transport men thither for the settinge vpp of Iron work^; Itt The Tre to be was thought good for the depressiuge of such base reports, [ (] a former Bhewedtorcoun- j^.^ ^^ ^j^^ j-j^^ effecte beinge formerly diuulged) that itt be showed sell to impose a . '^ ^ o / penalty vppon >•• to the Couusell, to iuipose such penalty of the person as may be person and to con- i^gld expedient, and to consider of a Publicacon to be sett outt c'aton to bes!"out i^ priutc for the Confutacon therof . [51] in Printe. DECEMBER Y" FIRST 1619. Pkesent. Right Hono"''': y*" Lord of Southampton. S^ Edwin Sandys Knight Thferr. S^ Thorn : Roe. S'' lohn Dauers. S^Ferd: Gorge. S^Ni: Tufton. S''Io: Wolstenholme. S^Nath: Rich. S'Tho: Wroth. S-'Law: Hide, lo: Wroth esquire. George Sandys esq\ Tho : Gibbes esq'. Nicho : Hide esq\ Arth : Bromfield esq'' lohn Bargraue esq^ Aug: Stewarde. m' lo : Ferrar Dep*. m"' Kempton. m."" Nicholas Ferrar. m"" Caninge. m'' Blande. m'' Bulle. m' Ed : Ditchfeilde. m'' Wiseman, m'' Keightley. m' Cranmer. m"" Case well, m' Couell. m"" Barnarde. m"^ Meuerell. m"^ Geor: Smith, m"^ Leuor. m' Roberta, m' Mellinge. M' Threre aignifi- Before the readinge of the Courte m' Tfer signified that two seuerall tend?nge 'v''^LL'' timcs hce had attended the Lords of his Ma'** : most honorable Pry vie of y Counceii. Councell, about the Magazine goodC butt nothinge was done the first time because m"^ lacobb was thought §to§ had been warned but was M' Thfer required not, Thcrforc their Lo^' required m'' Thfer to sett downe his minde by y^ Lords tosett -^ ^ritinge and deliuer itt vnto them vppon this day, against w"^ time downe his minde '=' '^ ^ ^ ■ c-' in writiDge. the Kiug^ Learned Councell would be present, and M'' lacobb should DECEMBER 1, 1019 277 be required to attend, w'''' accordingly Mr. Thefrer pformed, and pre- accordingly per- sented itt this dale vnto their Lo""" w"*" was the lirst buisines they tooke into consideracon, notw^'standing the said m'' lacobb 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 determinacon. Butt m' Atturny delivered his opinion cleerly for the right of the Company, whervppo itt was adiourned till to Mor- row, vnderstandinge that m'' lacobb wilbe there w"'oiit faile. The last great generall Courte beinge read m'' Thf er affirmed acquainted ^^' Dei^ndge de- , T 1 -rx 11 • n • 1. iji • 1 /-I 1 • sire to fash at Cape them that m"^ lohn Delbridge purposinge to settle a pticuler Colony m 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. W'''' request was opposed by Sir Ferdinando George aleaginge thatt hee ^'^ "T? o^l '^ allwaies favoured m' Delbridge butt in this hee thought himself e 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 w^'in their latitude, which was answered by m"' Tf er, that the Comp'' : of the S° : and North Plan - '^^^^^ ^ ' ' tacons are the one free of the other, And that the Ires PattentC is deer that each may ffish within the other, the Sea being free for both. [52] W" 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 repU^° ° dinando Georges replyed that if hee mistake not himselfe both the Companies were lymitted by the Pattent vnto which hee would sub - mitt himselfe, ffor the decydinge wherof itt is referred vnto the Councell who are of both Companies to examine the tres Pattents to ^^^-^ c^p'- °o morrow afternoone att my Lord of Southamptons and accordingly to examine >•• trea determine the Dispute. Pattent«. Mr. Deputy informed the Courte that Capt : Tompson haveinge a good ^^.\ Deputies aig- Ship burthen 320 Tunn, the Comittees att their meetinge have agreed coiiiitteea atWe- w'" him if the Courte shall allow thereof to give him 1200" to transport lu^ut w"- Cap' for them into Vu-ginia Two hundred men ; and for 50 Tuuu fraight ^°'"p*°°- of goods in the said Ship 100" more, in all Thirteen hundred pound and to victuall their men after that proporcon as by a not was shewed 278 RECORDS OF THE VIRGINIA COMPANY Cap' Tompson to him, Cap' Tompson promisinge to give Caution to the Company for such mrnn°ev8 ^ such monnejs as hee shall receive af orehand ; And for pf ormance of hee shall receaue the Said Voyadge the said Cap' : Tompson was demaiinded when he beforehand. would sett outt, who promised to be redy in Tilbury Hope the sixth To be redy at Til- ' tit p i . , • bury hope. of ttebruary next, and would stay there lower daies to take m su.ch 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 fine hundred pounds 500" vppon^certifi- vppou Certificate of the men and goods to be landed in Virginia w"" cate c. hee insistinge vppon m' Thf er in the behalf e of the Company made M'Thrers offer in Qffg^. \^q g^yg hi^^ Scaveu huudrcth pouuds, aud Six Hundreth vppon Company. Certificate as aforesaid : He beinge so farr from exaetinge of the Com- pany that hee promised that if they would lay into the Ship halfe a Tunn of Aquavits for ther Sicke men hee would forbeare the present payment of the 100" in question w''^ the Courte promised to pforme. Perticuier Aduen- Whervppon m' Deputy acquainted the Courte for accomodatinge all to Acquaint M' Hien, that if any pticuler Adventurer would send ouer men to Virginia Webb w'" y' uoni- let him give notice of the nomber therof to William Webb the hus- ber they sen . hand and pay vnto him six pounds for their passage Shippinge should be provided for them w"" the Companies men. euery one of y- ^^j because Mmsclfe and the Comittees will have more then enough for y' furnishing to provide all things necessary and sufficient against that time of them with good & seudiuge their people away hee desyred that every one of the Com- emen. pany would give their helpinge hand for the furnishing them w"* 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] ATabieofy'Guifte j^t was propounded that in Consideracon of some publique guiftC given Doners to hang iu by suudry Pcrsous to Virginia, divers Presents ot Church plate, and Court other ornaments — 200" 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" a Table might hange in the Courte w"" their names and guif ts incerted aud the Mynisters of Virginia aud the Somer Hands DECEMBER U 1619 279 may have intelligence thereof, that for their pious work^ they may comend them to God in their prayers, w"" genially was held very fltt and expedient. And forasmuch as by the orders of this Courts the Lotteries are now '^^^ Lotteries con- to dissolve that therf ore they would consider of some course for the gQ^,gj. ^^^^ defi'ayinge of future charge or else continue them half e a year longer, Whervppo flndinge no other means as yett to aecrew vnto the Com - pany, Itt was ordered they should last till midsomer next, and being putt to y'' question was confirmed by ereccon of hands. ffurther M'' Thfer made knowne that hee had received a verie fauour- ^^"^ '^^^^ signified able Tre from the Lord Arch Bishop of Yorke that if hee will s'^nd ^^^ ^^ l©. ^,j.jj. more breefs ther shalbe new Colleccons, As allso how much the Com- bishop of vorke pany was beholdinge to the Dyocess of London, my Lo: Bishopp ^"^*>°^^'^"^^J,^*_ haveinge sentt in a ffull Thousand pounds. As allso y' mr Register ing to y' Dyocess demaundeth 20" w"*" hee saith the Comp" : promised him for his °^ London. paynes. w"" the Courte thinks him very worthy off, and therfore have Bishop. agreed that hee shall have the said some of xx'' paid vnto him out of such monneys as shall com to him or is yett remayninge in his ^o' to be p^: to y Custodie. ^^^"^"- 280 RECORDS OF THE YFRGINIA COMPANY DECEMBER— THE XV"- Present Ri Hono"": the Lord of Southampton. The Lord of Warwicke. The Lo : Pagett. S^ Edwin Sandys Thfe. S^Tho: Roe. m' Christ : Brooke. m' Henry Briggs. S"^ lohn Dauers. m'Tho: Gibbes. m'' Georg Swinhoe. S^Tho: Wroth. m' Edw : Harbert. m' Aiscough. S"^ Hen: lones. m''Aug: Steward. m' Keitley. m' D' Anthony. m'Ri: TomlynC. m'' Berblock. m"^ D' Gulstone. Cap' Samu: ArgoU. m' Nicho : Ferrar. m"^ D' Winston. Cap' Da: Tucker. m' Sheppard. m^ lo: Wroth. m' Nicho: Leate. m^ Bull. m'' Wrote. m'' Bamforde. m' lo Ferrar Dep'. m'' Cranmer. m' W": Caninge. m' Woodall. m^ W" : Palmer. m' Case well, m'' Sparrow, m' Roberta, m"' Arundell. m' Wiseman, m' Ditchfield and others. [54] Bills approued of These seuerall Bills of Aduenture being allowed by the Audito", Att and DEssed ouer. ^j^^^^, Audite the xiij'" of December 1619 were now passed and I'eceaved the Courts Approbacon . lohn Cage esquire turned ouer nine bills six of them to m' D' Theo- dore Gulstone, and Three to m' Isaek Seaward. Peter Bartes three bills to D' Theodore Gulstone. II. Writing of Thomas Collett (?) Being page 54 of Volume 1 of the original MS. 11. '.V. V . ',1 tii othei^ ■''^'^^■■^^-•" J > - ■-■.. -.. .-^- - vS^lT^- '■f.-' ■i\ ^- .-■ ;^v^.?:rws tS. y^a^i^ >»»^^**_- 3^ ^i^*,-'»«^^g/-*ia^ ■^/^■^ (*Sr?7«£ ••w; .;,;;;;- .J, '<^\ •^ ,^¥-pti ° •"" ,., ., .I-.., /-,! -1 clarmge their iree- the pticularr Adventurers, And it itt please God to psper the same so as itt be j^^g ^f impod- brought to pfeccon (wherof the hope is now greate"^ then heretofore att any eon time) Itt wilbe a matter not onely of strength and honour butt allso of great proffitt to his Ma'^: and his people And to his Ma''' pticulerly in his Customs, vnto w"*" the negotiacon established w'" Virginia will raise a cleere and in short time a great addicon, as growinge by mutuall Traffique betweene the English and English, who now yearU' remove thither in very great multitudes: [55] In w""' and many other important ConsideraCons itt pleased his most excellent Ma'' : of his Princely benegnity by his Tres Pattents bearringe date the 23'" of May in the Seaventh year of his Raigne of England C. To graunt vnto the said Company ffreedome from Custome 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 Imposicons for ever. "'Exceptinge onely the ffiue ' See letter from the Privy Council to Abraham Jaoobs, List of Records, No. 137, page 136, aitte. 282 RECORDS OF TEE VIRGINIA COMPANY "pounds p Centu: due for Custome vppon all such goods and Marchandizes "as .shalbe brought or Imported into this Realme of England or any other his " Ma": Dominions accordinge to the Ancient Trade of Marchants." And the like graunt hath beene made by his Ma*^: to y° Comp* of y* Somer Hands by his gracious tres Pattents bearinge date the 29"" of Ivne in the 13"^ yeare of his Raigne of England C save that the freedome from Custome and Subsydie graunted to them is not yett expired. Which Comp" of the Somer Hands are all members of the Virginia Company and for the mutuall strength of both parties are soe to continue. All w''" notwithstandinge the ffarmo''' of his Ma": 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 vj" the pound for their Virginia Tobacco w'" they humbl}' desire uia}' be rated att a iust valew b}- itt selfe (w"" they shall willingly pay) and not raysed to the double by cooplinge itt w'" the Spanish v?"" is sould ordinaryly att 18° the pound and some times att more. The}' Complaiue allso to your LL''': of m'' lacobb ffarmo'' of y° Impost of Tobacco who by color of a much latter Graunt from his Ma"' demaundeth of them an other vj" the pound vppon their Tobacco contrary to his Ma'° most gracious Graunt, and w"" allso itt is not possible that poore Comodity can beare. They humbly therfore offer to yo"" EL"': ConsideraCon wheras for the support and increase of that PlantaCon to draw on the Collony more cheerfully to apply their labour, they have ei*ected here a Society of pticuler Adventure" for Traffique wth them of Virginia in a loynt Stocke for d3'vers years commonly called the Magazine, and have contracted with )'" people ther, as for other Comodities so pticularly to give them iij' a pound for Tobacco, by vertue of w"^" 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 approchiug, that if to that iij' be added this IS"* demaunded by the ffarmo"" together w"" other charges of ffraight C itt will exceed the vtterraost vallew w"" att this da)' the Tobacco can be sould for, and consequentlie must needs dissolve this Traffique established. And they further Complaine to yo"" EL"': of m"" lacobb 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 bemaynteyned w'" clothinge and necessary Implements. [56] DECEMBER 15, 1619 283 The Company here quickned w"' hope of proffite bj- trafEque and by this mutuall negotiacon his Ma'" Customs advanced: And accordingly in lune last their Ship returned and brought home Twenty thousand pound weight of Tobacco for w'*" besides the Marchandize bartered w'" them there they are to discharge here aboue Plight 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 w"" they were most willinge and redj- to discharge, M"' lacobb of his owne authority interupted the weyinge of their Tobacco and forbad farther proceeding vnless that impost of vj'^ a pound were allso paid vnto him. Whervppon they flyinge to yo'' Lo"': for releife obteyned yo"" hono*^: Letter to m'" lacobb to deliver their goods they entringe into bond to pay him whatso- ever should appear to be his due, by yC IT"' iudgment^ vppon certificate from his Ma'": leirned Councell, and w"'iu one moneth after itt should be determyned, w"" order yo"" Supplyant^ did offer him to pforme. But m' lacobb refusinge to pforme yo' It"': order and exactinge of them another bond, vizd to paj' him his demaund att a certaine day vnless they pcure in the meane time a discharge from yo"' TT"": w"*" thej' 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 Ma'" tres Pattents and yo'' Lo^' 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 w""*" hath since beene made They further Complaine of m"' lacobb that wheras the Sofiier Iland€ are yett free for two years and an halfe vnexpired of very Custome and Subsedie. m' lacobb who standinge by his Officers at Plymouth hath caused 12'' the pound to be exacted for their Tobacco, and bond to be entred for the payment therof on the Sixth of this monneth vnless yo"' lo"': shalbe pleased in the meane time to discharge y" same. In consideracon of w"*" premises these Peticoners most hiunbly beseech your good tto"": that wheras they are now in ti'eaty for the providing & settinge forth of two Ships imeadiatel}', the one to Virginia expresly for his Ma" service, and the other to the Somer Iland.> for the necessary fortefyinge and sccuringe 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'' tf": of yo"" accustomed goodness and fauor toward this Plantacon. and to prp>erve 284 RECORDS OF THE VIRGINIA COMPANY itt from vtter ruine now threatned by those Courses wilbe pleased in vphould- inge of his Ma": 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 pra}' for yo'' lo"': long Continuance in all pros- perity. [57] Capt ArgoiK de- Captaine Ai'goU vppon his owne desire to answere to such Crymes as Cri'mer"i'^are^m- ^^"^ imputed to Mm in the time of his Gouermeut hath been sundry puted to him. times sumuioned to meete the Councell att Southampton house where M' Thferc reporte i^aveiuge sett many daies, M'' Thf er now presented the passage of ings with hini. their seuerall pceeding^ w"' him devydinge his charge into three partes. 1: His Offences in matter of State, 2: The Depredacon and spoile of the publique w* 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"" Thfer 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 Cap' Argoll desyred to answere every pointe in writinge. Butt the third of the opression of the people haveinge no affinitie w"" 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 depradacon was deliu^d vnto him in Eight Articles referrd to a Law- ^ ^r Thx%x earnestly desyriugc the Courte (as the Councell thinkC yere&a^Iarchan'. •' jog -ii Capt Argoll to en- itt Couvenyent) that the prosecutinge herof might be taken outt of tertaine a Coun- j^ig hauds, and referred accordinge to the CouncellC order vnto a Lawyer and a Marchaunt to solicite the Companies cause against The Comp- choise \xyax ; And allso Cap* Argoll desyred that in respect hee was no great and MlrchaiTt'^^'^'' Scollcr 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 Tfer and Councell shall be iudges of the buisines, Mr Deputy promisinge to enforme and ease them as much as hee cann, allowinge allso of Cap' Ai'golK request. DECEMBER 15, 1619 285 Wher vppon hee made a second that in regard Sir Thomas Smith was ^apt ArgoiK eec- then Thf er, and may say some thinge to some orders w''*' was given him, °° ^^-'i^^ that this buisines might be heard att his house, w''*' m"' Thfer 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 Cap' Argoll pceeded from S' Thomas Smith, and m"' Al- derman lohnson, w**" some other as appeareth both by their lette" to Cap* Argoll himselfe of the 3*^ of August i6i8, As allso by their other Tres to the Lord Lawarr att y" same time, wherin they charge him w"" 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 w^'out lawfull warrant : Wheras the last Court agreed to give vnto my Lord of London^ Reg- My lc: of Lon- ister for his paines in their Colleccons the some of xx pounds form^ly ''""<' 'I'^'ite of ix" pmised m' Thf rer informed that his llo^ : hereing therof was not well Register, pleased therew''' and would not assent that any pt of the 1000" w*^*" hee had sent in should be deminished : As allso that aecordinge to the Arehbishope of YorkC desyre hee had sentt him 200 new breifC for 200 new briefs gent Colleccon. [58] If v^kt'"""'"' The Councell meetinge aecordinge to the referrence in the last Court The Counseiis re- and pvsinge the Ires Pattents grew to this Conclusion that by the tre'^ pa°tte^n^'"'^ "'" lycense of the said Councell itt might be lawfull for either of the said Collonies to fish w"'in the liberties the one of the other butt since some of the Northerne Collonj' flyinge from that agreement pretend to Consider better of itt before they will give answere there vnto. Howsover the Councell haveinge occasion to psue itt vppo the Mocon of m' Thfer have given lycence vnder their scale vnto the Society of Lycense piuen to Smiths hundred to goe a fishingo w""" Scale was this day in open Courte ^.™der\.- ^^l\^ to and by the allowance therof affixed to their saide Lycense, as allso Fish in y'ycoi- to a Duply cate of the same. ^°-^' Att this Court M"' Thfer acquainted the Company that the day before sir Edw; sandys S^ Tho: Smiths Ace" had beene brought in to the Audito" and for the ;"'-'^'°" •''^ra Pni^ . ^ licacon to be sett spedyer Auditmge and concludmge of them itt was moved by him in out in prime 286 RECORDS OF THE VIRGIXIA COMPANY the name of the Audito"^ who by one ^ assent had approved therof that a ^ Publicacon might be sett ontt in printe, In y^ firsts parte to sett downe the names in Alphabeticall order of every Adven- turer and their seuerall Siimms Adventured that therby all may take notice of their sumes broiight in, and be summoned to com in for their Land proporconable thervnto, before the best were possessed by new Adventnro" or Planters w"'' might be allso a means of a speedy The mocon ap- encrease and ^ of the Plantacon And in the second pt to con- proued o an^ y' ^^^^ such scandalous reports as have beene divulged of Virginia by the drawing of itt re- ^ _ o p .7 ferd to m' Thfer lustificacon of the Inhabitants there, wch mocon was generally ap- & D' winstone. proved by the Courte referringe the drawiuge of the said Publicacon to m^ Thfer & D^: Winstone.' Mr Keightieye re- Mr Thomas Keightley beinge formerly amongst others chosen an Aii- Aia*az*iMAcc^^^' dito' for the Magazine Accomp'", now reported that although y*" Court tooke some distaste att m' Essington touchinge the same, yett hee and the rest appoynted w*'' 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- turo'" and they continue indebted 1000'' to the Chamber of London „ „, , besides — 5200 and odd pounds worth of goods remayninge in the Mr Thfer moued . ^ ^ -rrri . for 3: things to be Magazine as itt cost the first penny here : W hervppon itt was mooved considered of \)j ^ Thf err that three poyntC might be considered : 1 : The sale of the Tobacco 2 : Concerninge those difficulties that are founde in the Accomp" meneoned by m'' Keightley : 3 : wheither to peeed w**" the Magazine or dissolve itt. ffor the first m' Bearblock, m' Caninge, and m' Smith are intreated to goe to S' lohn Wolstenholme to know when hee holds itt convenyen* to make Sale of itt, and accordingly order shalbe given for the Adventurers meetinge. [59] ffor the second itt was agreed accordinge to former order that when the AccomptC are prepared they shalbe presented to the Counsell to ' A blank space m the manuscript. " Such a list was printed in the Dechtration of June 22, lfi20. There was also a broadside of May 17, 1620, which set forth the condition of the colony and its commodities. See List of Records, Nob. 174 and 183, pages 140 and 141 ante. DECEMBER in, 1619 287 have those doubles 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 m"' Smith for the Aduenturers, and m"" lohn Ferrar and m' 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. ffor the fiftie men w*"" are now to be sent vppo Comaund from his ^°''" *" ^« ^'^■ Ma'^: Itt was agreed vppo the mocon of m"^ Thfer for the apparrellinge fortumishii'igof "v and furnishinge them w"" other necessary expences, one Hundred oO: men. pounds shall be allowed to be disbursed out of y" Cash and afterward to be reembursd w"" the rest by their Maisters. M' Thfer signifyiuge y* the Lord Maior desyringe some of the Com - pany to be present att their Court att Giuldhall they should vnder- Someof y'Compa: stand the Citties pleasitre touching the mocon for the Children, ^"jQiJ^jg'^^u"" therfore mooved y' some might be appoynted to attend them to know their resolucons: Whervppon the Courte ernestly entreated himselfe to take the paines Associatinge vnto him S'' lohn Dauers, S"' Tho : Wroth, m' lohn Wroth, m"' D' Winstone, m' Abbott, m' Gibbs, m"^ Bearblock, m"^ Caninge and m'' Palmer tomorrow morninge att 10: of the Clocke att Giuldhall w*"^ notw^'standinge the multiplycitie of many other buisinesses for the Company bee hath pmised to pforme. 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 paiarby'^'^'' Ad- till itt may be vnderstood who of right stiall pay itt. uenturere of y Magazine. M^ Ralph Yeardleys Peticon in behalf e of his Brother S' Georg Yeard- ^*' '^^'^^ ^'^^'^- . ^ . ^ levs> peticon ap- ley was read and approved by the Courte, butt by reason itt grew late p^ue<^ of itt was referred to the next Court to be pformed. Elizabeth Barkeleys Peticon referred to the same time. ^^"^' Berkeley? Peticon referd. 16455— VOL 1—06 19 288 RECORDS OF THE VIRGINIA COMPANY xvi" to be paide Notice beinge given to Mr. Thfer that Katherine Bath hath chosenn diue for V' Vse of Frauucis BaiTadine of London Chandlor to be her Gardeon, who Kath: Bath. beinge present shewed forth an Instrument for the same, Itt was agi-eed y' a warrant should be made for payment of the Sixteen pounds odd mony to the said ffrauneis Barradine for her vse and so the Com- pany to discharge themselvs of that Debt w'''' accordinge to a former order they were to pay vse for appoyutinge him to be vppon Munday morninge att the generall Audite and hee should receive yt. [60] DECEMBER, Y« 33: 1619 Present. Ri Hono : Lord Cauendish. Generall Csecill. Extr: Courte. S"" lohn: Dauers. S^Nath: Rich. S'lo: Wolstenholme. S' Henry lones. m' lohn Wroth, m'' Tho: Gibbes. m"^ Edw : Harbert, m' Kempton. m' lohn Ferrar Dep' m' D' Winstone. m"^ Ferrar Junior, m"' Nicholas Leate. m'' Henry Briggs. m^ Tho Keatley. m'' Cranmere. m' Bamforde. m'W^iCahinge. m^ Bull, m"" Caswell, m"^ Bearblock. m'' Mellinge. m'' Geo. Smith. m' Roberta, m'' Sparrow. in°*^DTmilT or- ^ Comissiou to lohu Damyrou m^ of y^ Duety beinge now red & deredtobeseaiied. allowed for takinge the first optunytie of winde and weather to sett Saile for Virginia w'^ the Passengers the Company shippeth by Commaund from his Ma"' : was now ordered that the Seale should be thervnto affixed. Some of y Comp': jyi"- Deputy informinge the Court that the knight Marshall havinge touchtnge"y''\^o: ^©eu w'" m' Thfer gave him to vnderstand that vppon Munday morn- men y' must he inge, ffiftie of the Persons to be transported for his Ma"' : should be att transported Bridewell for the Company to make choyce of such as they thinke for 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 kn' Marshall about that buisi - nes; Whervppon the Courte have desyred M' D' Wynstone, m'' Can- inge, m'' Cranmore, and m"^ Thomas Mellinge to be there att that time. The Charter party beinge drawne and now psented between S"' Edw: The charter party Sandys kn'^Thfer and S' Anthony Aucher, and Cap"^ Thompson express- p-anTi*cap^'Tom7>^ inge y" ConenntC betweene the Comp" : and the said Cap' Tompson son presentci. for fraight of the good Ship called the lonathan, and Transportacon of ' Passengers; M' Deputy desyred that M' Thfer beinge to Mr xhrr. to be seale yt for the vse of the Company, there might be an order of this ^"^'^ barmeieas. Court to save him harmeless. W'' the Courte so willingly assented vnto y' they confirmed his securitie (beinge putt to y'' question) by ereccon of hands. ff if teen thousand waight of choyce Tobacco beinge sepated from the ^^^- «-"ofchoyce worst, one third pt of itt was agreed to be putt to Sale by the Candle fronrv^wo^™' allowinge Trett 4 in the C : to pay att : 6 : and : 6 : moneths and if any of the Comp": buy itt, to have the Custome free if they export M' -Meiiinpe ha.i it itt: M' Tho: Mellinge biddinge iij' want a penny att the goinge out ^ "^ ^^ ■ of the flame had itt adiudged. A warfnt accordinge to order in the last Courte was now allowed -^ ""arfnt seaiiM and signed by the Audito" to m' Thfer for the paym' of Sixteen p^aym' of x^j' 'to pounds to ffrauncis Barradine Katherine Bath haveinge made choyce Fra; Barradine of him to be her Guardian. ^°' ^"^ ^^'^ Ann other warfnt was allowed and signed to m' Thfer for paym' of ^ warr: sealed to 400": to Cap': Tompson, in pt of the Comp": agreem' for the fraight j^l' J^^xv^ToCap- of the Ship and Transportacon of Passenge" accordinge to order of Tompson. Courte made primo die xbris 1G19. Elias Roberta haveinge paid in 12": 10": 00 to m' Thfer a bill of Adven- a wu of .Wnen- ture was now allowed & sealed vnto him for a single IShare of 100 Koben?'^ '" ""' Acres of Land iu Virginia. [()!] ' A blank space in the manuscript. 290 RECORDS OF THE VIRGINIA COMPANY JANUARY Y« VIIJ*" 1619 8' Edwin Sandys Kn' S"' lohn Daiiers. S' Frauucis Lee. S' lo: Wolstenholme. S^Nath: Rich, m"' Robert Ofley. m' lo : Ferrar Dep'. m' D' Gulstone. Present. Thfer. m"^ Thomas Gibbes. m' Nicholas Ferrar. m' W" Caninge. m"^ Hen: Briggs. m' Ri: Wiseman, m'' Tho: Keightley. m"' Cranmer. m^ Edw. Ditchfield. m' Whetley. m"' Casewell. m^ Bull, m"^ Darnelly. m"" Bearblock. m' Georg Smith, m' Roberta. m' Melliuge. Thecaiiingeofthis M" Thfer signified that the cause of this extraordinary Coui'te was to whetherVcomp" understand their resolucons, about a matter recoiiiended to them fro woidefarmey«im- his Ma'^' : by rcason of the Maister ||of thell Wardes, whether the Com- post of Tobacco pany would Ifarme the impost of Tobacco or any pt therof att Eight Thousand pounds p Annu and pay 12*^ a pound for Custome of their Tobacco, itt haveinge been thought convenyent to raise the The Custome c^igtome vppo Tobacco to that Rate for that some Spanish Tobacco raised ' " *° ^ hath becnc sould att Twenty Shillings p pound of w"*" 12*^ : vj'^ : was to be paid to the ffarmers of the Imposte and vj** to the ffarmers of the Custome. The resoiucon for After somc disputacou itt was answered that the Kinge hadd graunted slna graunted by them their Pattent vnder the brode Scale vppon good grounds, to paie y' King in his tres onely five p Cent: and no more w^'' Prevyledge they could not give ratten tc con- ^^^ betray withoutt great breach of duetv, as allso the certaine firmed ^ •' " _ 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. JANUA n Y 8, 1620 291 And therfoi'e forasmuch as their Virginia §Tobacco§ was never yett 'f r virg: Tobacco soukl in any sale that tooke effect att aboue five shillings the pound p^^^ j^ev 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 w"" is full five in the hundred Jl]g^^~*"*''^ yett so that if hereafter itt should rise to a higher price they would willingly encrease their Custome to the highest of that rate. Yett in regard they vnderstand by m' Thfrer that his Ma'*' : out of ^.^« . Planting of love and affeccon to this Com])any have given order for y'' inhib- inhibited bVhia iting the plantinge of English Tobacco for these five years to beging Ma" for those a at Michaellmas next insueinge w"" resteth to be proclaymed till the ^^"' Company have deliuered their Answere w'*" is expected att y" Counsell Table this afternoone, in Consideracon therof itt is now assented [63] to and ordered by the Courte that duringe the said ffive years if y* Proclamacon continue so longe and take effect in gratificacon el 11 to 11 ^''°® p?"''^ ^"Pfff -, • -Kir t n -, • ■ c 11- II n a pound tube Add- his Ma^^ tor his most gracious lauour to add nine pence more vppon ed to eattisfie his a pound so to make itt vpp xij*^ beiuge in full of his Ma" demaund ^^a" demaund. though not in the same forme. And beinge demaunded by m' Thfer whether they would vndertake '^^^ Vndertakinge the farme or participate therof the Court held itt inconvenyent to hicont-envent. ^ medle therw"" in their generall for as much as they had neither Stock nor Rente yett wherby to pay itt, Yett because his Ma'" : 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 w*"*" was assented to : And m' '^°'"® pticniar per- sonsol \'*Lonip':to Thomas Keightley wth some other yeilded to accept therof for a third ioyne for some pt pt w"*" was Confirmed and so ordered by the Courte. t*^""^ And because this their determinacon mvst forthwith be presented to M'TUferandsome the Lords, The Court have desyred mr. Thfer to take the paines and comp' det'eraina- have entreated to accompany him, m"' Tho: Gibb^ m"' Wheatley. >^-onApresentit to m' Cranmer, m"^ Keightley m"^ Ditchfielde, m' Wiseman, m' Bearbloci, -^^^"^ m'' Caswell, and m' Mellinge. 292 RECORDS OF THE VIRGINIA COMPANY lANUARY Y«: ISt": 1619 Present. S^ Edwin Sandys Kn' Thfer. S^Tho: Wroth. S''Io: Wolsteuholme. S^Nath: Riche. S' Henry lones. m^ Robt. Offley. m' lohn: Ferrar Dep'. m' Thomas Gibbes. m' Richard TomlynC. m' Tho: Keightley. m'' Harbert. m' Nieho : Ferrar. ni' Bearblock. m"^ Caswell. m' Meuerell. Tsf Swinhow. m"' Bamfoi'de m"' Caninge. m"' Briggs. m^ Woodall. \sl Couell. m' George Smith. m'' Arruudle. m'^Eli: Roberta, m' Tho: Mellinge. M' Jhfers report touching y'' deter- uiiuacon of that hi? Ma" Coniend- ed vnto the. The Acte to be en- tred in y* LL": Comissioners Re- cords. A Comittee to re- pare to y' Clerk of y'' Counaell to take care y' y" bargaine be entred & to pro- cure a Coppie ther- of to be entred amongst y' Comp*: orders. This Courte was given intelligence by m' Thfer that hee had acquainted the Lords Comissioners for the Treasury as hee and some others ||were|| requested touchinge the determinacon of that his Ma*'" : recommended vnto them expressed att .large in the Court goinge before w"*" was y* notwithstanding they altered the forme of his Ma" : demaund yett they agreed in y" substance of giveinge xij** a pound, vizd 3*^ Custome accord - inge to ther Pattent and nine pence more for five years in Consideracon of the displantinge of English Tobacco. Yett the Lords tooke itt [63] acceptably that in substance they had agreed and for matter of forme itt should be accomodated by beiuge 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 expiracon of five yeares to w*''di'aw itt butt that continuiuge so longe itt wilbe expected forever as a duty due from the Company to his Ma'^ : ffor prevent- inge of w'^'' so neere as may be the Courte hath now appoynted a Comittee to repare to the Clark of the Counsell, and to take care that this bargaine be Recorded, and to pcure a Coppy therof to be entred amongst the rest of the Companies orders: And because the said Clarke of the Couucell may better vnderstand the Companies true JANUA R Y m, 1G20 293 meaninge they have required their Secretary to Coppy outt their last '^''® Secretarj' to Courte tliat the said Comittee may deliver itt vnto him. The Comit- yMast Courte'^ tees are S"' lohn Dauers, S' Nathaniell Rich, M' Thomas Keightley, and M"' Berblock, who have promised to goe aboute itt vppon ffi-yday Morninge next att eight of y" Clocke. And wheras some desyred that in handliuge of this buisines they The (-leeringe of would have cleered the garblinge of their Tobacco, w*^*" is expected !;!'*:"^ garbling^ of ° ° ' ^ Tuljacco held im- shortly to be imposed vppon them by the Pattentees thereof: Itt was otiuent to this answered that itt was not a thinge ptinent to this buisines, as allso that Cuisines, in the last Court itt was spoken of butt not concluded as thinkinge itt vnseasonable to goe aboute preventinge of that w'^'' as yett was not demaunded, and in right could not be imposed on the Company whose goods are free from all imposicons and Taxes. M' Thfer and m' Deputy beinge yeasterday w"" the Lo: Maior, ^i' Threr a m' Reported that hee informed them, the Cittie had agreed to provide pon^touchinge "^v* one hundreth Children for Virginia, and to allow the Company five loo children to be pound apeec three pounds towards their passage and ffortie shillings ^^°* '" ^ "^""^ for Aparrell, desyringe mr Thfer to deliver in writinge the Condicons the Company will pf orme w"*" 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 expiracon of their Apprentishipp, they were to be TeuntC 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, w*^*" for the plsentt his Lor'': seemed to be sattisfied therewith. [64] 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 agi-eed by the Adveuturoi-' that itt should be dissolved, w*"*" 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 w'"'' pad ven- ture by pryvate men may be sent, and so much to give y"" Plantaeons 294 RECORDS OF THE VIRGINIA COMPANY informacon of by letters, as allso that if they will ioyne and take these Magazine Goods remayninge in store, that then itt shaibe law- full for them to have presently an absolute free Trade, w"" may seeme by this restrainte to be in pt debarred from them. S' lo: Woieten- ^^^ -f^^, asmuch as S'' lohn Wolstenholme by reason of his waightie y' place of Direc- imploymcnts. Can by no means Continue in the place of Director hee ton". is now freed of the same. And by the Adventurors now present agi'eed that their gouerment shaibe the same, wth the Gouerment of the Courte saveinge that in matters meei'ly eoncerninge the Magazine none shall have voyce butt the Adventurers. fory«Tobacc°:vn- ^^^(j f-Qj. \\^q Tobacco rcmayningc yett to be sould itt was agreed as haue one th!rd o^f P^ *^* ^^^ Advcuturers held itt requisite that M' Leat for the better r whole. Sale of the other should have one third of the whole, vppon such Condicons as the rest shaibe sould, and to pay for itt att such time and tymes as shaibe 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 ft'ive parts and have entrusted as well the deliuery of the ^ to M' Leate as the Sale of the rest, vnto M"' Wiseman and M"' Cranmer, for the Com- pany and for the Adventurers, M' George Smith, M'" Rich: Paulson, M' Caswell, and M' Melliuge, w'" beinge putt to the question was by hands Confirmed. M' Thfer siKiiified Mr Treasurer declared that for the expeditinge of S"^ Thomas Smiths can 'pubiicaeon ^ccomp'* the Auditors resolved and accordinge as they hadd prom- oannot be pformd ised my Lord of Southampton to sett forth an Alphabeticall publi - because mr Mark- gacon of all the Adventurors w"*" hee reported now they could not the Alphabet pformc by reasou mr. Markham deteyneth the Alphabett Bookes [65] Bookes. notwithstandinge hee hath often beene required to bringe them M' Markham de- gj^j^g^. ^q j^j^g g^j^ Audito" or to the Com'tc and so had promised, who maundeln .'«ttiH- ^ _ ' faccon for his beinge uow present himself e answered that the keepinge of them paines befor he go^i^j j^g j^q hindcrauce to their proceedings, for asmuch as they had dehu9 y Alphabet , . . ,, , i ,. i , , t h -p ^i ^ Bookes. the originall books from whence they were extracted, w if the Com- pany would give him sattisfaccon for his extraordinary paines, hee would forthwith deliver them: Butt beinge pemptorily warned by JANUAR Y m, 169M 295 m' Thfrer hee toukl him that his Allegacons were false and frivelous, hee promised the next day to bringe in the Companies and for sattis- faccon of his paines, w'^*' 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 S'" Thomas Smith the rectyfyinge of whose Accompt had beene the wholl subiect of his Laboure was aceordinge to the orders of the Company to be Considered in a Quarter Courte. M' Mellinge desyred the allowance of a bill of Adventure dewe vnto M'HumrXomkins m'' Humphrey Tompkins of xij" — x' : 00 : w"*" hee adventured in the allowed of five shilling^ Lottery: w"*" the Court now allowed. Wheras M" Anthony demaundeth some Prizes dew vnto her by the Mrs. Antho: de- ffiue shillings Lottery the Courte have desyred m'' lohn Wroth and l^ug'^vnto" her"b^ m'' Cranmer to ripen the buisines of the Lotteries and then present }•* a- Lotte: itt to the Audito" who will take order for the payment of such pryzes as are due. M' Deputy acquainted this Courte that the Comittees hadd agreed for The Comitteex the transportinge of 200 Personns more w**" the owners of a Ship agreem": with >■' called the London Marchant about 300 Tunns vppon y'' same condicons j^a n- h a n't for as they did formerly w*"" Captaine Tompson, namely to pay 700" before transporting 200 the Ship departed and GOO" vppon Certificate of the Ships aryvall in ^^"""^ approued Virginia; The Ship to be redy in Tilbury Hope the xx*" day of ffeb- ruary next to take in the Passengers : M'' Thfer and himself e beinge demaunded by the said Owners to seale the Charter pty. The Court approved of the bargaine and requested them to seale the M' Thfer and m' Charter party, and ordeyned that the Comp^: should saue them )^^p"' ^"^ *!^'^ ^'* 1 rfifJT Charter party harmelesse. [00 J 296 RECORDS OF THE TIRO INI A COMPANY lANUAKY THE 36"': 1619. S' lohn Dauers. S^Nath: Riche. S^ Thomas Wroth, m'lo: Wroth. m' Ferrar Deputy, m"' Rich : TomlynC. m^Tho: Gibbes. m'' D' Winstone. m' D"^ Bohune. Present. m"^ Edw: Harbert. m''Nicho: Ferrar. m' Sheppard. m"' Henry Briggs. m'' Bamforde. m'' Kempton. m' Oxenbridge m' Swifte. m"' Cauuinge. m'' Cranmer. m"^ Caswell, m"' Palmer, m' Swiuhow. m'' Berblock. m^ Geo: Smith, m' Chambers, m' Couell. m'' Eli : Roberta, m'' Sparrowe. m' Meuerell. m' Arrundell. m' Mellinge. M' Thfer p?nted a r^\^^ Comittee appoynted by the last Courte to repaire to y^ Clerk of as" n't' i^entrea fn the Couiisell f or to see wheither their offer to his Ma"' : were rightly the book of y' Acta eutred and aecordinge as m'' Thfrer and the Comittee w"" him had "1'^.!^' *^°™"*^'' signyfied and reported, Presented now a Coppie poured by m'' Thfers The entringe of itt help of the Record as itt stands entred in the Booke of Acts of the into r Comp': LL» Comissners of the Thf eiy ; butt the entringe of the Coppie into fgj.j,g^ the Court booke of this Compauj' was deferred vnto the conclusion of a more full and ample Courte, by reason that some of the Company present were of opyuyon that not onely the Pattent ought to be pre- served from infryngement w*"'' they confessed to be done, butt likewise ought to have beene strengthued, w"*" they said by this manner of acceptance on the Lords pts was not done. 3 seu9aii paire of ^ Deputy iuf omicd the Courte that three seuerall paire of Indentures allowed o7 ^""^ ^*^^' 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 m. 1G20 297 Third to Lawrence Bohvine C of Phisicke and James Swifte esqr : for the Transportacon of 300 Personns, w'''' the Courte gi-aunted and allowed to them, to be pformed accordinge to the orders of the Com- pany and agreeable to former Presidents of the like nature. M' Deputj- allso signified that wheras accordinge to a former order made xv die Nouembris i6i9 ther is mencon of some explynar^on to be made to some few of the standinge orders and an addition of two or three more to be anexed vnto them. [07] M' Thfer required y' theComittee appoynted for them, might for that "^^^ Comittee for- purpose meet too morrow att Two of the Clock att his howse for the fori<-iJyi^on ^ bette' preparinge of them for the Quarter Courte w'''' was now accord- yUwes desired to ingly ordered appoyntinge the Officer to Summon them therevnto. oi«^«t«. Next hee acquainted the Courte that the Comittees have agreed for '^'^^ Comittees Two Ships (if itt stand w"" the likinge of this Courte) for y" transpor- j^, trausporte c^t- tacon of Cattle to Virginia for the Company, and those others w"*" tie to Virginia: ai- will ioyne w"" the Company in the Charges: As allso that m' Treas- °"^ "' urer and himselfe will Seale the Charter ptys if they order their Seeuritie w"*" for the first poynt the Court well allowed of, and for the Second of saveinge them harmeless itt was generally assented vnto and confirmed by erection of hands. The Comittees beinge demaunded what they had done touchinge the '^^^ Comittees rc- Tobacco comended vnto their care. Reported that accordinge to the TobaceocouTemieJ 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 w"*" 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 DividentS att a price, Whervppon m' William Palmer offered to take outt his att iij' vj*^ the ^i"" ^^■"' Palmers pound and beinge conceived that others would ioyne in the like, itt hlgatta-'e^^ ^" was againe referred to y" former Comittee to study how to make the best advantage of itt they can; addinge vnto them m"' Keightley, and m'' Palmer and to plsent theire opynions to the next Courte. 298 RECORDS OF THE VIRGINIA COMPANY notice giuen by M' j^jr Cauiiige acquainted the Company that ther were dive''' sufficient fi^ieiu men^v \Wii ^^^^ ^^^^ would coutract w*'' them at reasonable pryces for all the contract w'" y' Tobacco that shalbe returned from Virginia for a Certaine time w"" Comp': for all y' j^^g conceived would be highly to the advancement of the Plantacon shalbe returned Whervppo the Courte desyred him to bring the proposieons well dis- from Virginia gested and the names of the vndertakers vnto the next Court that there itt might be consydered of. [68] A Preparatiue Courte held for Virginia at S" Edwin Sandis house t'^ last of January 1619 Present m"^ Treasui'or. S' lohn Dauers. S^Tho: Wroth. S' Henry Rainsford. m"' lo: Wroth. m"^ D"^ Anthony, m"^ D'' Gulstone. m"' D' Winstone. m' Ri: Tomlyn^. Ri: hou": Lord Pagett. m"' James Swifte. m'' Rich : Case well. m^ Tho : Gibbes. m"^ Paulson. m' lohu Ferrar Dep'. m' Spruson. Captain Bargraue. m"" Meuerell. m"' Robert Smith. m'' Berblock. m' Brumfeilde. m' Leauor. m' Caninge. m'' George Smith. m' Henr: Briggs. m"' Pe: Arundell. m' Nicho Ferrar. m^ Eli : Roberta m' Cranmore. m' Tho: Mellinge. \\V Steph : Sparrow The Comittee han- M' Treasuror signified that the Comittee appoynted for pursuinge of ing puEedy' stand- ^j^g staudiuge ordcrs have looked therinto correctinge some few & inge orders were '=' tiii jj.i presented and explayuiug others w*^" hee pisented now and red and explayued them read- to the Courte most of them beinge confirmed in the last § great § gen- erall Courte, and now againe Comendinge them to their consideraeon, wherby they may receave vppou Wednesday next a fynall ratefy- cacou. JANUARY m, IGW 299 And for asmueh 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 w'^'out 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 x^aire since allowed to W lohn Peirce and his Associates to be red allowed and sealled att that time. Touchinge the mocon of M' Caninge deferred from the last vnto this "'^^ ""con of m' Courte itt is now so well conceived of the good that may accrew therby court 'Veif con- by such a Composicon (if itt be truely ment) that vppon intelligence reiued of of the said M"' Caninge that they desire to converse wth some pticular men of the Company aboute itt. The Court have now made choyse of a Comittee to know their resolucons, that is to say S'' Nath: Rich, M' ^ Comittee ar- Deputy M' D' Winstone, Cap' Bargraue, M' Keightley, M' Wrote, and ["hek'^luco^"'' m' 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 w''*' ppoundeth this buisiness shalbe heere att that time. [60] Wheras his Ma''' : hath graunted to the Lad}'^ Lawarr a yearly Pencon The first parceii of Tobacco Bould if it amount to 250": to to be paide vnto her by the ffarmo" of the Custome; The Company Tobacco bouW if it vppon her Ladyships request are content, (consideringe the Custome be p^ y' La: La- for y® Aduenturo" Tobacco is not yett sattisfied) that the first pcell w* ^*'"'"- 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 ff armors of the Custome. And takinge into Consideracon the losse the Adventurers have sus- Theioesof yAd- teyned by the Tobacco remayninge vppon their hands, and the daunger "^^d" b^ baneTn they stand in of a great deall more, if the Ships should com from their Tobacco ly Virginia and y*" Somer Hands as they dayly are expected, therfore vppontheirhandc. itt was propounded to the Adventurors to take out their CapitollC at -^ ppos'con for iiij' a pound and soe each make the best of itt hee cann, butt some outthe^rCapitoiic 300 RECORDS OF TEE VIRGINIA COMPANY thiiikinge itt was too much and that rather iij" v,f was ennoiigh : itt was agreed to be putt to y" question w"*" done most voyces allowed of iiij^ and hee that would be willinge at this price to take out more then his Cajntall should have Six and Six monneths for payment, butt eutringe into dispute, whether such as tooke outt their Capittalk 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 Touchiuge the ordcrs from the LL^ : Comissioners they were referred rionere referred, to the Consideracou of this Quarter Courte. M'' Thfer 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 demaundC. The Coppy of y' })^^^ siucc some pticular psonns lesser respectinge (as should seeme) Citties demaundC ,-, ^-i • ii -iij. i i- touchinge y' 100: ^^le Compauics good have occasioned such straimge demaunds as is chiiiircntnbesent not fittiuge for them to aske, nor can no wayes by the orders of this to Virginia recti- (^QQ^pf^jiy ]^q grauiited, and therfore have determyned to rectifie the Cop])y of their demaunds so farr as may stand with the orders of the Com|iany to graunt and so to returne itt to the Courte of Alder- men to morrow att tenn of the clock to accep* therof or noe [70] to w"" purpose is desyred S' Thomas Wroth, S' Henry Rainsforde M' lohn Wroth, and M^ Deputy.' 2 Shares allowed Iff, ^yas Ordered in regard sufficient testimony beinge produced that to lohn Archer. ^^-^^ ArchcT brother of Captaine Gabriell Archer disceased in Vir- ginia is the next heire vnto him, that the said lohn Archer shall have two Shares, said to belonge to the said Captaine : vizd one share for xij" — x" adventured, and the other for the Adventure of his psonn. Stephen Sparrow: ]y['- Stephen Sparrow assigned to lohn Hope Marriner one share of Hope"*' " "^ " ^i.i" — x'-OO allowed by the Audito" and confirmed by this Courte. • An order of the Privy Council, of this date, authorizing the sending of 100 children to Virginia ia given in List of Records, No. 161, page 139, ante. FEBRUARYS, 16W 301 Att a create and Generall Quarter Courte HOLDEN FOR VIRGINIA AT S" 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. lames Vicont Doncaster. The Lord Cauendish. The Lord Pagett. S"^ Edwin Sandys Knight S^Tho: Roe. S^ Dudley DiggC S'Tho: Gates. S'' lohn Dauers. S' Henry Rainsforde. S^Nath: Rich. S'' lo: Wolstenholme. S'' Henry lones. S^Tho: Wrorth. D' Anthony. D'' Gulstone. D' Winstone. D^ Bohune. Thfer. m' lohn Wroth, m' Ferrar Dep'^. m^ Tho Gibb^. m'' Samu: Wrote. Cap' Bargraue. m'' Rogers, m'' Bromfeilde. m"" Keightley. m"' la Swifte. m"^ Bamforde. m' Wheatley. m"' Berblock. m'' Briggs. m"^ Cranmer. m"' Edwards, m^ Bull, m' Couell. m' Woodall. m' Darnelly. m"' Casewell. m' Swinhow. m' Moorer. m' Roberta, m"^ Sparrow. m^Mellinge.[7l] Accordinge to a standinge Order the Lawes of the Company being "^^^ i^^^ red. 120 : in nomber and devided into eighteene Chapters or Tytles were now red vnto this greate Assembly, w""" ended mr Thfer related that ""'Thfer signified: the Kinge out of his greate care and wisedome had graunted to the denied to >' 4: Qua: Company by his most gracious Lres Pattents, ffower great and generall Courtc by jia-: tres Fattent?. 302 RECORDS OF THE YIRQINIA COMPANY Courts in the yeare comonly called Quarter Courtes to be held in the 4 Tearms, vnto w'^'' 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 peeeded as formerly hee had done, that nothing was Addicons to y' so pfect wherin time diseouereth not some impfeceous, so in y*" Lawes ^^'^^^- some thinge beinge found defective comended to their Consideracon some small Addicon and Correccon of them formerly allowed in the laste Quarter Courte thenee referred to a Comittee by them presented to the Councell, and lastlj^ read in the precedinge Preparative Courte : explayninge what was pf ormed vnto seuerall Tytles : To the Tytle of Courts : 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 Graunts of Land — 2 : in the Tytle of Generallytie an amendm' or Addicon of 2 wordes, in the Sixt order afterward (Court) is added (or Councell) and so in the 13'*" order of Tytle of Treasuror after the word (quorum) is added (vnderneath or) W" Correccons The Confirmacon ^ Addicous bcingc approved off M' Thf rer propounded y" confirmacon ed irf ™(fui^bng '^•^ them in two questions ; the one whether they would allow of y^ addicon 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 w""" by a Generall ereccon of hands was ratefyed. 2= To the second poynt of Choosinge Officers he acquainted y accordinge Choosing Officer.. ^^ ^^^ ^^^^ ^^^^ Pattcuts itt was no Courte vnless five of y^ Counsell Xo Courte Vnless ^ygj.^ present by defect of w"*" nomber of the Councell wore they be prnt: are oftcu timcs 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 y" Countrie or imployed in other buisines, that they cannott attend, therfore vppon Mocon from 2 nominated to be ^^^^ Councell, hee nominated 2 : vnto y' Courte M' Robert Heath 01 the Counsell. j Recorder of this Citty who hath been and is a great Adventurer and FEBR UAR Y 2. 1620 303 » favourer of the Accon : And Thomas Gibbs Esquire a gentleman of good sufi&ciencie, 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, y^"^ Two being putt to the ques- tion were admitted to be Councello" of Virginia by free Consent. The Third of GrauntC of Land hee acquainted them of fower seu^all sGranteof Land: paire of Indentures lyinge all ingrossed before them graunted one to M"" Robert Heath Recorder of London and his Associates, the s'cond ■* Pairs of inden- to Doctor Bohune, lames Swifte and their Associates for Transport- inge of 300 Personns : The Third to William Tracy esquu-e and his Associates for Transportacon of 500 Persons, and the ffowei^th to lohu Peeirce and his Associates their heirs and Assignes w'^'' beinge all fowre now red and examined and fyndinge them agi'ee wth the draughts pvsed and allowed by the Audito" were all of them allowed and Sealed in veiwe of the Courte w'*" a Totall Approbacou Itt was ordered allso by generall Consent that such Captaines or ^^p^"**"""^*'" . erg of Perticuler lead'^ of Perticulerr Plantacons that shall goe there to inhabite by piantacon? to vertue of their Graunts and Plant themselvs their TenntC and Serv - make orders c. nntC 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 orderiuge and dyrectinge of their Servants and buisines Prouided they be not Repughnt 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 voluntary lie dissolved be¥ The Magazine he- § itt § selfe, w*'' provision graunted for their goods remayning in I"fn1 xTaari'^free Virginia so that now matter of Trade was free and open for all men for aii men. w"' that provision. Itt was now allso agreed touchinge the Order of y'' Lords Comis- The^Comp" to be sioners that the Company should be humble suto" vnto their LL'"' : for some" amend- for some small amendment in the forme therof , M' Thf er signifyiuge '»'^"' '° >* Order, that the Counsell of Virginia sittinge w"'in before the Coiu'te there beinge present all the Noble Lords before sett downe resolved that 16455— VOL 1—06—20 304 RECORDS OF THE VIRGINIA COMPANY nothinge in y' t;hey could not jeild to any thinge that might infringe theire [73] fringed. ° ^ '" Pattent w*^*" resolucon was w'*" generall demonstracou of ioy embraced by the Courte, and therfore desyred to choose a Comittee for that purpose to w^h end was nominated the Eight Hono'®: the Earle of AComittee toseti "VVavwicke, The Lord Caueudish, The Lord Pagett, M'' Treasi;rer, me^nfngr in3"- ^^ Dudlcy Diggs, S^ lohn Daucrs, S^ Henry Kainsford S^ Nathaniell inge. Eich: S' Lawrence Hide, Mr X°: Brooke, M' Nicho Hide, M' Deputy, Dr Winstone, M'' Gibbs, M'' Keightley, and M' Cranmer who are desyred to sett downe the Companies meaning in writing and present itt to the LL^: when M'' Thrfer shall thinke itt Convenyent to Sumon them. Thedenninaconof ToucMnge the Dcterminacou of the Tobacco referred vuto this Courte }•• Tobacco referrd. }-)piQi;igiQgg ^q i\^q Adveuturcrs of the Magazine vppon the Mocon of S' lohn Wolstenholme itt is deferred till to morrow afternoone, Att w'''' time the Adventurers onely are desyred to meete att m"' Ferrars house to consider of the best course and conclude therof accordinglie. The Coppie of y= The Dcmauuds of theCitty read the last Courte concerninge the hun- Cithes Demaunds ^j,g^|^ Children bcinge much distasted of this Company beinge such Children Correct- as wcre repuguut to the staudiugc Orders w''" w"" Could no way e*!- be dispensed w*'',^ therfore the Comittees have rectefyed and Cor- rected the Coppy so farr forth as may stand wth the Orders to admitt, '^T^'^r'^^J *°and have written a Ire to the Lord Maior from the Cheife of the y' Lord Maior from y" cheife of y' Couuccll agrceiuge to send the tre and returne the altered Coppie to Counseii. moTTOW mominge to the Courte of Aldermen, requestinge S"' Thomas Wroth, and m' Oibbes 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. Tlie Letter. 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 asd for the transportacon and apparrellinge of the same One hundreth Children a Colleccon of the some of ffive hundreth pounds was made of divers well & godly disposed psons [74] Charitably myndcd towards the Plantacon in Vir- ginia dwellinge w"'in the Citty of London and Subvrbs theirof, and thervppou the same ffive hundreth pounds was paid vnto the saide ComiDany for the pur- •The word "w""' written over "of." FEBR UAR Y g, 1620 305 pose aforesaid, And thorvppon for the good of the same Children and in Consideracon of the premises, Itt is full}' concluded ordered & decreed hv :uid Att a generall Quarter Courte this day houlden by y" Treasure"' Councell and Company of Virginia that every of the same Children w"" are now liveing att the charges and by the provision of y" said Virginia Company, shalbe educated and brought vpp in some good Trade and profession wherby they ma\' be enabled to gett their livoingo and maynteyne themselvs when they shall attaine their seuerall ages of flower and twenty years or lie 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 Bovs 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 w"" shall tirst happen, shall have freely given and allotted vnto them ffiftie Acres of Land a peec in Virginia aforesaid w'^in the Iymi[ts] of the English Plantacon the said Acres to be apoynted according to the Statute De terris mcsurandis, in England and that in convenyent place or places to hold in flee simple by Socage tenure to every of them and their heirs for ever freely att the Rent of xij'^ by y* yeare in full of ail 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 w"" the Companies reasons (who desyre that some of themselvs may be ad- mitted to alledge them) that itt is bette'' for the flormer Children to have the same Condicons w'" these latte'' the Company wilbe content to lett itt pass for this time yett w"* this protcstacon; That as itt is not bencficiall to the Chil- dren, so itt is the cxtreame 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 y" 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 CoUeccon of fl'ive hundreth pounds of men godly and Charitably disposed towards the said Plantacon w''" doe reside w"'in the said Cittj- and Subvrbs therof is to be made, and vppon the CoUectinge 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 {5!mises, Itt is fully concluded Ordered, and decreed att a great and generall Quarter Courte this day holden by the Treasurer, Counsel], 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 apparrclled and all othoi- things neces- 306 RECORDS OF THE VIRGINIA COMPANY saiy for the Voyage: And that ev&vy of the same Children shalbe there placed Apprentizes w'" honest and good Maisters that is to say the boyes for the tearme of seaven years or more; ftfi4 so as their Apprentishipps may expire att their seuerall Ages of one and tweut\' j^ears or vpwards; And the mayds or Girles for the tearme of seaven years or vutill they shall attaj'ne their Ages of one and twenty years or be marrj-ed to be by the same Maisters during that time educated and brought vpp in some good Craftes, Trades, or Husbandry wher-by 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 expiraCon of their seuerall Apprentishipps everj^ of y° said Children shall have freely given vnto them and provided for them at the said Companies charge, provision of Corne for VictualK 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 implem" & vtensilK for houshold, and sufficient workinge Tooles and Instruments for their Trades, labor and husbandry in such sort as other TenfitS are pvided for. Moreover that every of the same Children last menConed w"" shall have thus served their Apprentiships and be placed and provided for as aforesaid shalbe Tyed to be Tennts 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 protitt and benefitt y' shall arise grow and encrease by the mannageinge therof aswell y° 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- tisfaccon of a Rent to be payd for the same Lande so by them to be occupied. And that att the expiracon of the same last Seaven j-ears every of the same Children to be att liberty either to Continue TenfitS or ffarmo" to the Com- pany vpp5 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 w'^in the English Plantacons in Virginia afore- said, to hould in fee Socage simple by Soccage tenure to every of them and their [76] heirs, for ever freely for the Rent of Six pence for every five & twenty FEBR UAR Y 2, IGW 307 Acres by way of quitt Kent in leiwe of all .services in regard of the tenure; All w"'' pmises wee the said Treasuror, Counsell, and Company doe order and decree and faithfully promise shalbe iustlyand truly pformed towards the said Children accordinge to the true intent & meaning therof. A tre from an vnknowne person was read dyreeted to m' Treasuro'' AtrefromanVn- pmisinge five hundred pounds for the educatinge and bringinge vpp ig'ing"^''" ^"^""^ Infidelk Children in Christianytie w"" M' Treasuror not willinge to meddle therwith alone desyred the Court to apoynt a select Comittee for the mannadginge and imi)loyinge of itt to the best to w*^^"" purpose they have made choyse of the Lord Pagett. m' Tho: Gibbes. "r^ S' Tho Wroth. D^ Winstone. m'' lo: Wroth. m' Bamforde & m'' Deputie. m'' Keightley. The Coppy of v^'''' Letter ensueth. S' yo'' Charitable endeavo" for Virginia hath made yo" a ffather wee a favourer The Letter of those good work^ w"'' although heretofore hath com neer to their birth yett for want of strength could never be delivered, (envy &. division dashinge these 3'onnglings even in the wombe) vntill yo"' helpfull hand w"" other honorable psonages gave them both birth and beinge, for the better cherishinge of w*"" good and pious worke seeinge many castinge guiftC into the Treasury-, I ame encourraged to tender my poore mite and although I cannott w"" the Princes of Issaker bringe gould and silver Coveringej'ett offer here what I cann, some Goat< hayre necessary stutie for the Lords Tabernacle, protestinge heer in my sinceritie w'^out 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 w"'' good worke, the Convertiuge of Intidles to the faj' th of Christe I pmised by vay good frends 500" for the mayntenauce of a Convenyent nomber of younge Indians taken att the age of Seaven years or younger & instructed in tho readinge and vnderstaudinge the principalis of Xian Religion vnto the Age of 12 3'ears and then as occasion serveth to be trayned and brought \pp in sonic lawfull Trade w"" all humanitie and gentle- ness vntill the Age of one and Twenty years, and then to euiove like liberties and pryveledges w'" our native English in that place and for the better pform- ance therof yo" shall receave 50" more to be delivered into the hands to two religious ysons w"' securitie of payment who shall once every Quarter examine 308 RECORDS OF THE YIRGTXTA COJfPAXT and certifie to the Treasuror herein England the due execucon of these prem- ises together w"" the names of these Children thus taken, their ffoster tiathers and ouerseers [77] not doubtinge butt 3-0" are all assured that guiftes devoted to (rods service cauuott be diverted to pryvate and singulor §secularg advan- tages without sacriledge, if yo'' graver iudgments can devise a more charitable course for such younge Children, I beseech ^-o" informe my frend w**" yo' securitie for true pforniance and my benevolence shalbe allwalos 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 yi'"'' hee hath faythfully promised, hee that moved my harte to this good worke, dj'rect xo' Charitable endeavours herein, whylest I rest as 1 ame Dust and Ashes Directed To S'' Edwin Sandys y" faithfull Treasuror for Virginia. D' Bohunee re- J)'. Bohunes reqiiests beinge read the Coi;rte have intrusted the Audi- ques passe. ^^„ ^^ rectefje w*"" is agreed shall passe (beinge putt to the question) by ereecou of hands. The Peticou of Cap' Powell and m'' lohn 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 huudreth lyinge in one pcell between the Sunken Marsh one the other side the River against lames Citty Land, and Choapooks Creek, and one pcell of Marsh Land conteyniuge 300 Acres called TowritetoyGou- Hogg Hand, The Court held itt incouveuyent to graunt Land in that 400 Acres Tf La°nd ki^d©, pickt out by the Plautc" themselvs not knowinge who all- for Cap' Powell & redie may lay clayme thervnto or otherwise how necessary itt may be m' lo; Smith ^^^, ^j^g publique ; Butt m"^ Treasuror in regard of the good affeccon 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 then- Content w'*" reason. Frauncis Carter? X peticou was exhibited, by ffrauncis Carter the Companies Officer y'^Audito"^ ^'^ " desyriugc that forasmuch as hee hath worne himselfe outt in the Companies service beinge nowe gi'owne lame, that now in his olde age they would please to take his Case and necessitie into favourable con- sideracon etc, w"** by reason itt grew late was referred vnto the Audi- to" to pisent to the Courte their opinions touchinge the best means to rewarde him. FEBR UAR Y 16, 1619 309 Peter Arundles Peticon to have his Shares explayned to be double ^^- Artmdies^ Pe- Shares refered to the Audito reporte itt to the Courte. [78] to vew his buisines how itt standC and Auditor''" Captaine Bargraues request to have a Comission for y*" determyninge c^p' Bargrauee re- of some Controversies betweene him and Cap' Martine resydent in ^^"j'^^j^^^."'^ ^^* Virginia was allso referred vnto the Audito". The Charter party betweene the Owners of the London Marchant and The charter partie m"' Treasuror and Deputy was now Sealled and delivei'ed. XantseaHed ^^ FEBRUARY Y« XV J"" 1619. Peesent S'' Edwin Sandys Kn' Treasuror. S^ Thomas Roe. m"' ReignoldC. m' Caswell. S' lohn Dauers. m' Keightley. m'' Cranmer. S' Henry Rainsford. m' Sam: Wrote. nf Bull. 8^ Tho Gates. m' Aug: Steward. m"" Eyres. S^Tho: Wroth. m' Bamforde. m' Couell. S' Harry lones. m"^ Hen: Briggs. m^Geo: Smith. m' lohn Wroth. m"' Swinhowe. m' Ely : Roberta m." Deputy. m'' Caninge. m'' Mellinge. m' TomlyuC. m"' Wiseman. W" others. Cap' Bargraue. «■"■ Boarblook. Vppon the desire of Cap' Brewster his buisines was once moredeferrd Cap- Brewster^ to the next Preparative Courte w-^" is agreed then to be heard betwixt ^'^°^^' ^^''"^• him and Cap' Argoll, and to that end have given order that the said Cap' Argoll be acquainted therwith and required then to attend. Five Shares formerly given by S' Thomas Roe kn' to Peter Arundell '^ ^^^^s assigned w"*" were Confirmed vnto him in a Courte held the first of October lo's' xho;^^"^'" i6i7 The said Peter Arundell in Consideracon of a Certaine some of 310 RECOEDS OF THE YIRGimA COMPAXT monney paid vnto hixa by the said S' Tho : Roe hath ressigned the said ffive Shares vnto the said W Thomas Roe, w'^'' the Audito" have- inge allowed were by this Courte Confirmed. M' Thfr acquaint- ]\j>- Treasiu'or acquainted the Courte that hee had reeeaved Lette^from Ires r^eceiued^fro Virginia uuportinge the wellfare of the Plantacon although they have Virginia been much distempord by reason of an intemporate heate not onely hapniuge vnto them but chiefly amongst the Indians reqiiestinge that the Company would send them some Phisitians and Appothycaries of w"*" they stand much need off : relatinge allso to y" great Comf orte of the Comp" : and incouragm' of those w'^'' shall send the plenty of Corne that Grod this yeare hath blest them with the like never happened since the English was there planted haveing had two harvests, the first beinge shaken with the winde pduced a second, and the ground beinge so extraordinary ffatt & good y' sowinge Indian Corne vppon that stuble they had likewise a great Cropp therof.^ [79] Cap' Spiiiman gignifyinge allso that one Cap' Spillman who thought to deprave y* y" CoUony. Gou^nor of his Authoritie by his instigacou to Opochankino, of a great man y' 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 CoUony for Seaven years in quallytie of an luterpriter. Other matter theris to acquainte them w"" w"*" when hee hath I'ead the rest of the letters hee will the next Courte reporte vnto them. The Citty yeiided The Letter the last Quarter Courte signed by the Lords directed to the to r t,re. Lord Maior of London tooke such effect as m' Thfer sayeth the Cittie yeiided to itt : T ^^nn"' ^^'^'^^^ Wheras the last Court a speciall Comittee was appoynted for y" mau- educatinge y« lu- uagiuge of the 500" given by an vnknowne pson for educatinge the fidiea Children. Infidles Children M' Thfe': signified that they have mett, and taken into consideracon the proposicon of S' lohn Wolstenholme, that lohn ' 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. FEBR UARY 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 inconveuyent, first because they intend not to goe this 2 or :3: monneths and then after there arryvall' wilbe longe in settlinge themselves, as allso that the Indians are not acquainted w"" 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 x" a Childe as was by some proposed they hovdd itt not soe fitt by reason of the causualty vnto w"'' itt is subiect. Butt forasmuch as divers hundreds and pticularr Plantacons are all- redie there settled and the Indians well acquainted w"" them, as namely. Smithy Hundred, Martini Hundred, BartlettC Hundred & the like that therfore they receave and take charge of them by w*^*" com-se 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 Grod & 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 w'''' naturall affeceon may inforce in the one and the other, itt was answered and well allowed that a treaty and an agi'eement be made w"" the Kinge of that Country eoncerninge them w"*" if itt soe fall out att any time as is exprest they may by his Commaund be returned . [80] Whervppon S'' Thomas Roe promised that Hartley Hundred should take two or three for w'* theire well bringinge vpp hee and m' Smith pmised to be respondents to the Company, and because every Hundred maj' the better consider hereof they were lycensed till Sunday in the after - noone, att w"'' time they sitt att nV Treasurors, to bringe in theu- 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 behalf e of Smith? hundred hath promised to take into their charge. ' " Arryvall" is written over "arryviiige" by the reviewer. 312 RECORDS OF TEE VIRGINIA COMPANY The proposicons ^he Proposicons w""" wero by sundry of the Adventurers allowed of for takinge the ^^^ ^ nieetiuffe of them att S^ Thomas Smiths house the 14"^ of Feb- Confirmed. ruary aboute takinge ofE the Tobacco att a price beinge now putt to y" question was confirmed, Comendinge itt to m' Caswell to procure others ||to write || for y*" rest. And fallinge into dispute aboiite the DebtC what course should be taken for gettinge them in, M' Thrf er made knowne that of necessitie Officers for man- there must be Officers Chosen for the mannaginge and lookinge to the aginge & lookinge ij^^i^ii^es first for the callinge in of the DebtC by sendinge their ticketts vnto them to bringe m their monny, and vppon retusall 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 w"" them, and for the mannaginge of the rest vppon nominacou ther was made choyce of, m"' Bull, m' Cranmer and m' Caswell, and beinge putt to the question was ratefyed by ereceon of hands. 3 Com issions Three ComissiouC beinge presented to the Coiu'te was allowed to be sealed. scallcd ouc to William Shawe m' of the London Marchant the other to Cap' lones m' of the Faulcon, and the third to m' Edmonds m' of the Tryall to sett saile w"" the first fayre winde for Virginia. Cap' Bargraueg Captaiuc Bargraues Comission for the determyninge some Controu^sies l!X'r'°" '" ''^ betweene him and Cap': lohn Martin in Virginia beinge now pre- sented the Court therof allowed & agreed that the seale should be therevnto affixed. M' Markham pre- M'' Markham beinge formerly requyred for the bringinge in the resy- TbITiI* *'°°'''" '"* ^^^ °^ *^® bookC and Rowles remayniuge in his Custodie, presented now to the boorde 4 books, and 4 Rowles of subscripeons w'^'' were Comended to the Care of m' Deputy desyringe the Courte to take into Consideracon, that for his extraordinary paines hee might have sattis- faccon, w''*' pointe beinge long disputed betwixt m' Thfer and him, itt was att length referred to the Audito" to consider thereof. [81] FEBRUARY 22, 1619 313 FEBRUARY Y« 23*'' [1619-20]: Present. m"" Treasurer. m'Rich: TomlynC. S'' lo : Dauers. m' Samu: Wrote. S^Tho: Gates. m' Keightley. S^ Nath : Rich. m' Wheatley. m'' lohn Wroth. m' Cranmer. m' lohn Ferrar. m' Berblock. m^Tho: Gibbes. m"' Robert Smith. m'' D' Anthony. m"' Richard Wiseman m' D' Winstone. m'' Crowe. m' Ri: Wiseman. m'' Fra: Meuerell. m"' George Smith. m'' Abraham Chamberlyn. m"' Henry Briggs. m' Elias Roberta. m"' Nicho: Ferrar. m"" Thomas Mellinge.' Gouerno"'" letter is given to S' xho: Gates .k- desiorus to have Entfiueers a> re*i t'^ «"'«- po'- uate Ires of ai- And forasmuch as the Courte by the vnderstand that the inhabitants are very sent vnto them for the raysinge of ffortefycacons for M'""" they are content amongst themselves to beare the charge therof, vppon w''*' S' Tho : Gates is entreated to write his pryvate letters of dyreccons both in regard of his skill therin, as allso of his knowledge of the Country, as allso that hee together w"" S''Nath: Rich conferr w"' generall Ca^sill therin, whose assistance in a former Courte touchiuge the same buisines was entreated w"** they have pmised to doe. [82] A Box standinge vppon the Table w*'' this direccon, to S' 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 Subscripcou beinge the same w''' letter hee coniectured that itt might be the ' A blank space of one-half page in the nianusoript follows. 314 RECORDS OF THE VIRGTNTA COMPANY The Box of 550" to 550" promised therin. And itt beinge agreed that the Box should be charge "of^ Smiths Opened therwRS a bagg of new golde conteyninge the said some of hundred. CCCCCL'' : whervppo Docter Winstone reportinge what the Comittee held reqidsite for the mannaginge therof and that itt should be wholly in y^ charge of Smiths hundred itt was desyi'ed by some that the reso - lueon should be plseuted in writinge to the next Courte w'^'' in regard of the Ashwednesdays sermon was agreed to be vppon thursday after. The scaraity of Vppou good consideracou of the scarcetie of the Mynisters that is Mynistera " ered offe. .Mynisters ousi - ^-[^-^ ^^^ remayuiuge in Virginia haveinge eleaven Burroughs and not aboue five Mynisters: M'' Thf er now comended to be considered by y'' Courte the sendinge of one sufficient Deuine to each of those Bm-- roughs, for the Comfort of the soules of the inhabitants, by preachings and expoundinge the word of God vnto them : And for the drawinge and eneourragm* of such Preachers herevnto acquainted them of 100 Acres of Land accordinge to former order to be alotted them w'^'' they beinge vnable to mannage alone are vnwillinge to goe ouer, therfore because itt may be plpared for them hee would that there might be sentt six men as Tennats to each of the 100 Acres of Gleabe in the saide Burroughs, in doinge of w''*' a yearly maintenance wilbe raysed vnto them of w"" the Company to bear the whole charge of them w"'^ shalbe transported to the CoUedge Land, the Gouerno", and the Companies, and for those six that shalbe sent by pticularr hundreths the Company for their better provocacon therevnto shall furnish out three to each, vppon condicon that the pticular Plantacon make vp the other three, w'^'' being putt to the question was g^^nerally well allowed my Lord of Lon- of, whervppou itt was thought very expedient that my Lord of Lon- f °" hei hf'' them ^^^ should bc solicitcd for the helping them w"' sufficient Mynisters, w^''suflicient>iyn- as allso such of the Company as w*^*" out favour or affeccon could istera hcare of any that were cincciro || sincere || and devoute in that callinge and were desirous to goe, that they would acquainte the Courte there- with that they may be entertayned. M' Thfer allso signifyinge y' all Indentures of Land w"^^*" yett have been graunted to pticuler Societies are to come vnder the Seale againe, FEBR UARY m, 1619 315 therfore moved y' a new Covennt might be incerted for their mayn - tenance of a sufficient Mynister w'*" being done the Country wilbe well planted therw"", w'^'' 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 Amies vppon itt butt now m' Holloway had M'Hoiiowayuiade given itt freely to this Company that therfore to gratefie him they a'^sLgife^hare would entertaine him into there Societie by giveinge him a single Share of Land in Virginia w'* beinge putt to the question was rate - fyed vnto him, wher vppon m' Deputy was entreated to provide a Case a Case for y* Bai- for the better preservinge of itt. '*''''«'' ^°^- Vppon the request of Richard Francke esquire to have 200 Acres of "^^ ■'^'^^^ "' i-*"'' Land layd outt for 4 men w""" are to be transported to Virginia and Rif,hard Fran'i.^a are allredy paied for vnto two of his sonns, W™ : and Arthur Franke two Sonns. there resydinge m^ Thf er hath promised to write to the Gouernor for the effectinge of his desire. A Comission beinge now presented for §the§ m'' Richard Franoks two The Comiesion for Sonnca of the Swan of Barnstaple for takinge the first optunytie of \ f i^*" /'^ ^^")" '^ ^ ^ -i stable to be sealed. winde and wather for Virginia was allowed to be sealed. Wheras some principall of y'' Magazine Aduenturers for the bette' ^lagazine Adnen- putting of of the Tobacco had signed to certaine Articles for tak- c^rt^ne'lrdcies inge halfe therof vppon Condicon that all the rest should be written for by Certaine time, w'^'^tyme beinge expired and nothinge pformed, the Adventurers now present have agreed, and to that end tyed them- selvs that if those w'^'' have subscribed please to stand thervnto they will not sell the rest att lower price w"^ if they doe then they to pay no more then the rest shalbe so sould for. 316 RECORDS OF TEE VIRGINIA COMPANY MARCH Y« SECOND 1619 m' Thefrer. S' lo: Dauei'S. S' Baptist Hickes. S'lo: Wolstenholme. S^Nath: Rich, m' lo: Wroth, m' Deputy. m^Tho: GibbC. m'' Sam: Wrote. Present. W Winstone. m' Rich: TomlynC. m"^ Ro: Smith, m"" W": Caninge. m' Cranmer. m' Keightley. m"' Briggs. m' W": Essington. m"^ Bearblock. m"^: Augu: Stewarde. m"' Swinhowe. m^ Bull. m"' Casswell. m' Greorge Smith. m^ Meuerell. m'' Arundell. m' Baldwin. m' Tho Mellinge. M' Eflsington to Wheras the last ordynary Court made choyce of three for the man- Maea*zinT Ac- ^si^g^ the remayuder of the Magazine buisines, and that then ittwas comp". agi-eed that m'' Essington should be entreated to pceed w"" the Accompts hee being now plsent & desyred by the Adventurors to vndertake itt againe assented to pforme itt. [84] The Couefint made And for asmuch as m' Caswell signified that m'' Alderman lohnson yt e . agaz - ^.^ ^^^ y^^Q ^]^g Coucnnt made by the Aduenturors in the last Courte uenturers disliked -^ by Alder: lohn- for the vuderwritte" 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 y'' Aduenturo' vppon satterday morninge to take itt againe into consideracon was by the Adventurers present assented vnto and agreed to be att S'' y Aduenturers ^homas Smiths house vppon satterday next att ix of the Clocke, att desired to meete. i/-. i. i>^ nr-iii w'^ time the Courte have mtreated m' Cranmer and m' Chambers to be there for the Company. S' Id: Dauers, and gjj. John Daucrs and D' Winstone repayringe to the Spanish Agent as portefrom^y'Span- they Were intrcatcd and haveinge delivered their message accordinge ish Agent. to the direccou of the last Courte reported now that itt was very kindely MARCH'S, 1619 317 accepted by the said Agent promisinge to write vnto his Maister the kinge of Spaine for to certifie him how Carefiill the Company are to holde all due Correspondency w"" 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 w*'' them for to procure sattisfaccon, which they in the behalf e of the said Company promised to pforme. And wheras allso in the last Court S' Thomas Gates, and S' Nath : ^' Tho: Gates, & Rich were intreated to repaire to Generall Caesill touchinge the desja-e repo^rte from c^n- of the Plantacon to be accomodated w"" some Enginers att their owne eraii c»>8iii touch- charges for Raysing of fforteficacon Itt pleased S' Nath : Rich to '°^«' EngineerB reporte that accordingly they were w'" Generall Csesill who found him exceedinge redy and willinge to assist them w'" 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 w"" him for a eertaine 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 w''*' hee conceiveth the fittest, and for w'^'' this jSrenchman is singuler good. M' Thi'fer signified that accedentally haveinge some Conferrence with ^^>' ^ord of Ar- y*" Right Hon"^' : the Earle of Arrundell itt pleased his Lo"^ : to demon - ^,t brother a re- strate the exceedinge much love hee beareth to the Accon, insomuch ferrd to he elected that hee could be content to come and sitt amongst them; Hee ther- "°* ° ^ "°** fore moved that the Court would admitt his Lo'': into their Society, w"*' beinge putt to y'' question was ioyfullj'' embraced by generall con- sent, and referred according to order to a great Courte for electinge ofhisLo^: to be one of the Counsell. [85] Hee allso acquainted my Lord of London of the Companies intent for MyLordofLondon the sendinge ouer Mynisters, and their request vnto his Lo"": for his ofy'Compv intent good furtherance and assistance therin together w"" what mainte- to send Mynisters. 318 RECORDS OF THE VIRGINIA COMPANY nance they had there ordeyned for them, w'^'' he very well approved of, promisinge to his vttmost of his power to doe what lyeth in him for the good of that Plantacon. Smith? hundred Sygnifyinge allso that the Corporacon of SmithC Hundred verie well content to giue ag^-gp^gji ^f \)^^ Charge of the Infidles Children comended vnto them 100 to Ije dis- ^ ^ charged from y' by the Courte in regard of their good disposicon to doe good, butt charge nf y' infi- otherwise if the Courte shall please to take itt from them they will dies 1 ran. -^juij^giy o;ive 100" : And for their resolucons 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. A Comittee ap- Wheras duringe the time of S'' Thomas Dales resydence in Virginia poynted for y« set- t;herwas by his meaus sundry Saltworks sett vpp to the great good workea. "^ ^ud beuefitt of the Plantacon, since w'^*' 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 & vnseasoued therf ore itt was referred to a Comittee to Consider w"" all speed for the settinge vpp againe of the said Saltworks, that is to S' lohn Dauers S'Nathaniell Rich, m'lohn Wroth, m' D^ Winstone, & m"" Sam : Wrote to meet to morrow att two of the Clocke att m' Thfers house — M' Baldwin is desyred to be there att the same time to further the said Comittee w"" his best advise. The sendinge of S' Itt was allso moved by m' Treasuror that for asmuch as this yeare Geo: Yeardiy a ^.here hath beeue and are in preparinge to be sent to Virginia 1200: thrcomitt^r ° personns or their aboute wherof 600 : to the publique or for other pious vses wherby a heavy burthen will be vppon S' George Yeardley for the disposinge of them all accordinge to direccons and instruccons 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 y" preceding Order to consider and conclude what shalbe sent vnto him. [86] MARCH 15, 1619 319 As likewise ||that in regiiard|| a treaty is to be made w'" Oxjachan- ^' ^^eorge Yeardiy kano touchinge the bette"' kee})inge of the Infidells Children w"*" are soine'tiiingsoutof to be brought vpp in Christianytie y' therfore they would authorize S' y' Magazine to George Yeardley to take some such thinge as bee shall like best outt P^^se^t itt to opa- of the Magazine and present itt vnto him for the better attayninge their ends of him w'''' beinge putt to the question was well allowed. S' Thomas Gates, by his bill assigned five Shares of twelve pounds ^' Tho: Gates o tenn shillings the Share to Samuell Wrote esqr: w'''' the Audito" '^-^^i^^ ° *""' haveinge formerly approved was allowed by this Courte. Likewise m'' Humphrey Reynolds assigned five Shares to m"" Humphry M' Hum: Rei^-h- Slaney w'^'' beinge allso allowed by the Audito" was ratefyed by this ^, Humft-ev'^'^sia" Courte. ney. MARCH THE 15*" 1619 Present. The Right Honor*^: Robert Earle of Warwick. S' Edwin Sandys Thf er S^ Thomas Roe. S'' Dudley DiggC. S'' Thomas Gates. S'' lohn Daiiers. S^Fard: Gorge. S^Tho: Wroth. S' lohn : Wolstenholme . S'Nath: Rich. S'Tho: Willforde. m'' Recorder of London. m"' Alderm : lohnson . m'' lohn Wroth. m' Mau : Abbott, m"^ Deputy. m^Tho: Gibbes. m^Robt: Ofley. m"^ Sam: Wrote, m' D' Meddus. m'' Henry ReighnoldC. m"" TomlynC. m'' George Tucker, m'' Nicho: Leate. Cap' Sam: Argoll. Cap' Dani: Tucker, m"' lohn Smith. m"' Keightley. m' Nicho : Ferrar. m'Bull. m"" Cranmer. m"' Rogers. m' Essington. m"" Ditchfeilde. m' Casswell. m'' Swifte. m"" George Smith. m' Mellinge, C\ The Courte beinge sett m' Thfer made knowne y' the George beinge '^^^ George re- returned from Virginia had brought tres certefyinge allso of the 16465— VOL 1—06- -21 320 RECORDS OF THE VIRGINIA COMPANY greate mortallytie w"" hath l)eene iu Vh-ginia 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 Couusell and not any to the Company ; Bntt for y* The people sent in people seut in the Bona Nona they are aryved in health are all live- riiied well. inge & psper well applyinge themselvs w"" the rest accordinge to direccon 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 w"^ by the readinge of these [87] Lette"^ now The readinge of y' eome they might be enformed of, therfore itt was ernestly moved by T.res is referd ^ o t j j 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, w''*' 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' ThferC house att two of the Clocke, and that Cap* Cap' Smith & Capt Smith, and Cap* Maddison then attend to make knowne their greiv- known'theirgreu^ auccs w'^'' they pretend done vnto them by S" George Yeardley. ancea. Then hee Comended to the Consideracon and approbacon of them 3 things of mayne |}-jpgg Thiugs of mayuc consequeuce — 1 : wheras f ower shipps are lately consequence Com- h-n t ^ ^ \ i> ^ • endedhy y'Thfer dispeeded and auothcr w wilbe readie to goe by the last of this toy' Courte. 1: nioneth w**" Pascugers & Provisions as itt was delivered and allowed in a Quarter Courte held the 17"" of Nouemb'' last that therfore for the better Care of preservinge them att their landinge and nourishinge those w''*' shalbe sicke for preventinge so neer as may be y^ like mor- tallytie and for the prosicutinge of some well degested orders made The draught of a [^ their Courtcs hee had framed the draught of a Chai'ter, w'^'' although ishingo those y' ^^^^ Courtc could uot give a finall confirmacon thervnto, yett if they .-ire Ficke. now approved therof itt might be sent in this Ship to be putt in Execucon, & be confirmed in the next greate generall Courte. That w'*' m"' Alderman lohnson now proposed that they would take To dispose of y« care how to dispose of the Ship and goods now returned for their t^u^meJ ^°°'^^ '2: best advantage. MARCH 15, 1619 321 Of difference betwixt the Northerne and So: Collonys. Thedifferencesix.- tweene j* N": anci S"; Colloneyg. :l: ffor ttie first the Draught of the said Charter beinge extant itt was The Charter re-Gou9nor. tor the (iouernor to putt in practize. The second beinge m' Alderman lohnsonC Proposicon was comitted -^''lerinan lohn- to a Comittee to consider of, that is to say referrd to a Corn- s''Thomas Smith, m' Alder: lohnson. m"^ Cranmore ittee&deuideri in- S^ Thomas Wroth. m' lo : Wroth. m^ Bull & ^ ^ p^^*^ ^'^ S' lo: Wolstenholme. m'' Deputy. m'' Caswell or so many S'' Nath: Rich. m' Keightley. ek as pleased. Devidinge the busines into three poyntes. ffor the plantinge of English Tobacco that notw"'standinge vppon y" English Tobacco Compa: yeildinge to an iinposte, his Ma''' by a Proclamacon hath pro- ' j-ij hibited the same yett Contrary thervnto itt is pryvately planted, ffor the procuringe a mitegacon of the imposicon w"'' is conceyved mit<'ga^«'° "f ?■* may be obteyned. L'^^J For the Sale of y^ Goods ' All w'''' is referred as aforesaid, and are entreated to meete att S' Thomas Smith? house vppon Satterday morninge next att eight of the Clocke. To the third m"' Thf er signified that the N° : CoUony intendinge to The v Colony pe- replante themselvs in Virginia had peticoned to the Kinge and to the /oTrnew rattenr Lords for y" obteyning a nue Pattent w'''' 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 Lo^': 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 Lo*"^ Command the Courte would please to nominate some to give intelligence how the buisines betwixt them doth depend, w'^'' the Courte peeivinge none to vnderstand the cause so well as himselfe most ernestly besoi;ght him to take the paiues, w""" 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 thej' associ- ated vnto him S' lohn Dauers, m'' Harbert, and m'' Keightley to repairs thither to morrow morninge at 8 of the Clocke. The Articles, be- jjgg allso signified of ouc m"' ^ Kinge that is to goe w*" 50 persons y^^'comp":^ touch- W" him to Virginia there to sett on foote Iron Workes and that there inge y" Iron was Articlcs indented betwixt the Company and him, w'h beinge red Workes ordered to ^^^ ^^ ^^^l liked that they allowed of the same, and agreed that the be sealed. '' ' ° Scale should be thervnto affixed. M' Thfer thanked Aud whcras the Ship before exprest to sett forward before the latter for seaiinge y' ^^ ^j^-^ 3^0^^^^)! Called the Frauucis Bona Venture, m' Treasuror Charter party for ' the Bona Venture, havciuge 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 gij- Thomas Gatcs assigucd one single Share to Edward Palauicine gentleman w'''' beinge approved b; question was confirmed vnto him. ^ are torn' a au- ggj^^jgj^g^j^ -^ch i^gjj^ge approvcd by the Auditors and now putt to the The Comispion for A Comissiou uuto ^ Maistcr of y^ Frauncis Bona Venture allowed ^^^i^turc for the takiugc optunitie of winde and weather for Virginia was now allowed. [89] ' A blank space in the manuBcript. MARCH 20, 1620 323 An extraordinary Courte helde the 20™: of March 1620 Present y" Right Hono"^: The Lord of Southampton. m'' Treasuror. S'' lohn Dauers. S''Io: Wolstenholme. m^ Id: Wroth, m'' Deputy. m^Tho: Gibbes. m"' Bromfeild. m' Sam: Wrote. Cap' Argoll. W Wiustone. m'' TomlynC. m'' Harbert. m'' Rogers, m"' Keightley. m'' Bamforde. m'' lad win. m'' Ditchfielde. m"^ Barnell. m' Caswell, m' Ferrar sene. m' Briggs. m'' Cranmer. m' Berblock. m' Meuerell. m'' Roberta. m' Mellinge. m'' Baldwin, m"' Arundle. m^ Whyffin. One Peuecell who sometimes lived a frend in Virginia beinge imployd M' Peneceiu ire in the Treasuror, and accidentally att her settinge out fallinge vppon ^o,Y!eT'^'iLn™<" to the Sommer Hand? where now bee remayneth sent his peticonary Ire Virginia reoom- to the Treasuror and Comp" : to be released from thence that bee might ^^'^^'^ ^'^ >' ^'""*'' returne to Virginia and there reportlaut him w"*" was coneeaved to be very reasonable vppon w* they have thought good to recoiuend the said tre to the Somer IlandC Courte. The Councell haveinge heard the generall Ire from S"' George Yeardley gave order for the sattisfaccon of the Company that itt should be publquely read vnto them wherin was Complainte of Sandys greiv- ances done by Cap* Samuell Argoll ptly concurringe w"" some of the 12 Articles by the Company exhibited against him, vnto w*"** hee haveinge formerly delivered his answere to fower of them did now present answers to the rest w*^"" vppon the moeon of y^ Companies Councell m"' Thf er delivered to the Secretary for to Coppy out and to S' George Yeard- ley< letter pnb- liqnely read wher- in was Complainte of Sandys greiu- auces done by Cap' Argoll. The answers dd to )•* Secretary to Coppie out and to keepe j-'OrignalK. 324 RECORDS OF THE VIRGINIA COMPANY keepe the origiuall wherby hereafter the said Cap' Ai'goU may not say butt that they are the very same ^'°^ hee now delivered, And foras- much as hee iuformeth that divers of Virginia were lately com ouer & nowe here w"*" can give testimony of his pceedings hee therfore desyred a Comission from this Courte wherby to examine them for the better cleeringe of himself e, butt beinge answered that itt was not fittinge himself e should examine them butt rather some of the Coun- cell, to w'*" pm-pose they would noiate fower and hee should nominate other fower, and they would except against them two of his, and hee poynttd to exam- should except agaiust two of thers, w'''' -i : or 2 : of them so they be ine y' passenge" of either side one as they are chosen shall take the testimony of them now com . accordingly to w*"*" hee willingly condiscented and named S"' Nath : Rich; S"' Ferdinando Gorge, m'' Recorder, and m' Ma: Abbot of w'^'' the Comp^: excepted against S' Ferd: Gorge, and S' Nath: Rich w'^'' done the Company named S*^ lo: Dauers, m' Christopher Brooke, m' GibbC, and m' Deputy of w''' hee excepted against m'' Brooke and m'' Deputy so that the 4 chosen for this buisines are S'' lohn Dauers & 1 •• togethe'w"' a tre w'" m' Yeardley desyreth maybe read for the cleer- .^'^embiy S^vir- inge of his Brother S' George Yeardley because itt was held incon- ^inia aud m' venyent to spend an ordinary Courte therw'" itt was agreed that bl'h'I^Te o^Thl" munday next in thafternoone be apoynted for the purpose.'^ [91] brother be re- ferrd. ' The papers ou this subject are cited in List of Records, No. 149, page 137, unte. 'T^'o lettere concerning these acts are cited in List of Records, Xos. 164, 1"1, pages 13S and 140, ante. 326 RECORDS OF THE VIROmiA COMPANY MARCH Y«— XXIX"': ANN" DOM: 1630 m' Thfer. S^Tho: Roe. S' lo : Dauers. Suffer: Gorge. S^Tho: Wroth. S' lo : Wolstenholme. S^Nath: Rich, m'' Alder: lohuson. m'' lohn Wroth. m"' Chr: Brooke, m"^ Tho : Gribbes. m"" Deputy. Present. m' Wrote. m"' Herbert. m^ Ed : Gibbes. m'' Tho: Gibbes Iunio^ m'' Edwa: Smith. in'' Keightley. m'' Bearbloek. m"' Craumer. m'' Briggs. m' Palmer. m"^ Caninge. m'' Rogers. m' Caswell, m^ Bull, m"^ Pallavicine. m'' Meuerell. m' Roberta, m'' Sparrowe. m"" George Smith, m"" Baldwin, m"' Mellynge. m.' Newporte. m.'^ Arundell. and many others. A Virginia Courte Wheras accordinge to the aboue written order munday afternoone ciismiste in respect ^^^^ ^^g apovuted for au extraordinary Courte, m' Thfer signified that thprwas held one n t i t i i • i for >•' So: iiande. wheu the same was warned bee hard that att the same time therwas a Courte for the Somer IlandC, 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. S' Nath: Kich his The Order beinge read wherin S' Nath : Rich signified what had beene reporte from Gen- (j^^g vppou the Companies request to generall Ceeill about an Enginer ing an Engineer, to be seut to Virginia hee now reported that haveinge beene since w"" 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 direccons and instruccons 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 place to serve this Company beinge the thinge w"" err now himselfe hath desyred ffor w"'' the Coiirte 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 relacon of Generall Cecill those direccons & Instruccons he hath promised that they be sent in this Ship to the Inhabitants to give them some pt of sattisfaccon w' h hee hath pmised shalbe pformed. The busines att the last ordinary Courte referred to a Comittee to '^'^^ buisines re- meete att S' Tho: Smiths w"'' accordingly they did and there Agree- (^ ^t'^a* fomer 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 w''" followeth. [93] A MEETINGE OF COMITTEES HELDE AT S" ThOMAS SmITH? BY ORDER FROM THE Virginia Courte 18"": March 1619 S' Thomas Smith. S'' Thomas Gates. S^ Thomas Wroth. S^Nath: Rich, m' Alder: lohnson. m^Tho: Gibbes. Present. m'' Wrote, m' Keightley. m'' Caninge. Cap' Tucker, m' Essington. m' Edwards, m'' Cranmer. m'' Berbloek. m' Casewell. This Comittee meetinge by order from the Virginia Courte tooke into eonsideracon the 3 poyntes referred vuto them. ffor Tobacco w'^'' is ||priuately|| said to be pr^^'titol}^ planted contrary 'o'' Tobacco pry- to the Kings prohibicon by Proclamacon, they now agi-ee to entertaiue ^^'/^ ■„ Lgiaila' Henry Manselltobe an intelligencer and to give du-eccons and Instruc- Henry Mmiseii to cons to pceed by acquaintinge a Justice therwith & then bringinge his ^ *"* intelligencer 328 RECORDS OF TEE YIROINIA COMPANY M' lai'obb to pros- name to the Counsell aud ni"^ lacob, w''" m' lacobb hath praised to pseeute itt, and pveferr a bill against him in the Star Chamb'' and so for every informacon iustly preferred and w°'' 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 IlandC, and if bee vppon occasion rode further then the 2 Companies to beare his Charge and reward him as they see cause, and therfore have concluded that bee shall be bound vntothem to doe faythfull service w"'out anj' conivencie vppon paine of a strict pennaltie to be otherwise imposed v]:)pon him and to that end itt is held convenyent that his continuance herein be durante bene placito. mytegacon of im- rp^ ^^^^ second poyute of mytegacou of ymposicon m'Tirer: lohnson After some dispute m' Alderman lohnson and m'' Cranmer was &. lu' Cranmer to entreated when they rise to goe to m'' lacobb who had reason to goe to m' lacobb. pggpgg^ them consideriuge the pryveledge of their Pattent and the manner of his grauut by easinge and releivinge them in the Taxacou of their Tobacco, w'^'' if bee refuse, y' then my Lord of Warwicke, S' Tho: Roe, S"" Nath: Rich, and others be entreated to deliver from the Comp" : such reasons to the Kinge for mitagaeou thereof as they have sett downe in the peticon to his Ma"' consideringe that the buisiues doth not concerne the KingC profitt butt m' lacobbs. Sale of Good< 3 Thirdly for the Sale of Goods oi y''^c'h'a'rg"^of Itt is agreed by these Comitteesy' for the defray inge of the plsent charge fraught both oide of fraight Custome, and Impost of Tobacco both olde and new, w"** & new shaibe ^^ ^^^ from Virginia from those of the Magazine shalbe sould to those sould &" ^ ° . . 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 Condicous. ^ Att y'' rate of ij" vj'^ the pound to pay 12'' in hand for y'' defrayinge of fraught Custome, and Imposte,audtopaytheresyduethe 25"' of March 1621 To take two thirds of the ould and ^ of the new or as itt shall fall out in quantity and pporcon ■' To discount vntothemselvs half e aCapitallof the first years Adventure. To give their bills to S' Thomas Smith, & m' Alder: lohnson who MARCH iii), IGJ'J 329 stand engaged for those of the Magazine and they to give their severall hills each to other for the vse of the said Magazine. [93] And they to order and Condition of hrokes longe since made touch- a Preamble of this inge y" said Magazine shall stand firme of every man w"'out alteringe y^ Aduenturera. or revocacon and that a Preamble of this order shalbe sent to the Adventurers that such as are willinge vppon the foresaid Condicon shall vnderwrite theire names & quantity w''*' they shalbe pleased to §buy &§ take out. Concerninge the difference of ffishinge betweene the South, and N°: >i' Threr reporte Collony itt pleased m' Thfer to signifie that although hee was very "^^l^^^ly^ lo" vnvi^illinge by reason of the multitude of other buisinesses, yett hee concemint'e the and the Comittee had intended the Lo : Duke and the Lo : of Arundle, |i'«'^"'"t«' "' "--^h; and therwas for the other side S'' Ferd: Gorge and others, where dis- so: ami X": Co'i- putinge the matter before their Lo'" : they pleased neither to allow nor lonyes disalowe entirely the one parte or the other butt sett downe & order as seemed fittest to their Lo^': for the obteyuinge a Co])py wherof they now appoynted the secretary to repare to S' Clement Edmonds The secretary to and desire itt of him in the name of the Comp" : & appoynted him to eurEdmondf '^'^ give his Clarke his ffee. Hee further acquainted them of 2 things more to be pformed for the * Charter to be publique the one a Charter to be sent to S' George Yeardley to be velrau-v 'w''^^ published throughout the seu^all Burroughs and Hundreds that they inge read was rati- apply not themselvs wholly to Tobacco w'^'' will faile them and oner ^^'^ throw the generall Plantacon butt to other Staple Comodities of which they have notice, w'^'' beinge ingrossed and read was ratefyed by ereeeon of hands The other that wheras an Aspercon was laide vppon him by some -^I'Tfers answer© that hee deteyneth matter from the Company and imparteth them iaide"vpp!)rThn onely to the Couneell w'*" is not true for hee hath procui-ed more then for deteyninge once the Gouerno" tres to the Counsell and theirs to him to be read ^^up^"^,. 1'" X. openly in Courte, yett hee saj'^th that the Goueriior hath gi\'en cause partinge them to of y' blame by dyrectinge still his Ires to the Counsell, w^^" although >" ^"•^""^•^"• hee hath reprehended him for itt by his pryvate letter, }ett itt would not doe amise that a generall tre from the Courte be sent liim, that 330 RECORDS OF THE VIRGINIA COMPANY A Letter to be j^gg jj^j^y better viiderstaiid his error, and hereafter write aswell to the ernor" ^ '"" Compuiiy as to the Counsell, w''"' they thought to be very necessarie, whervppon they have entreated m'' Thfer, S' lohn Dauers, m'' Wrote, m'' Gibbes, and m'' Herbert, to meet att m'' Thfer^ house vppon fry- day morninge for pformance of itt, w'^'' done might be read to the Courte to be approved and signed. Navigacon to be jjgg also signified that S' George Yeardley desyreth of them for the good of the Colony that a uavigacon might be sent vpp w'*" would produce good benefitt to the Plantacon, and to that end nomynateth Marmaduk Kay- ynto them One Marmaduke Rayner who is willinge to goe if they uerap o. pleaso to give him his passage, w"'' man beinge allso well knowne vnto S'' Tho: Roe, liee gave very good coinendacons of him, wher- vppon itt was agreed vppon the tearms menconed hee shovdd be sent. Tho: Gibbes 2 Thomas Gibbes esqr by two severall bills assigned vnto two of his hi^sonne^s. ^ ' ° souus m'' Edmund, and Tho : Gibbes lunior ij single Shares one to each of them of 12": 10': the share, w'^'' the Avidito" haveinge approved the Courte now confirmed beinge putt to the question by ereccon of hands. [94] Cap- lo: Bargraue (]j^pt Jq^j^ Bargraue assigued two shares vnto M' Robert Briggs which Robert Briggs. vppou the like approbacou was allowed as the former. M' Aiiano Lupo to Yppou the request of Stephen Sparrow itt was agreed y' M'' Aliano be made free & to -^ i i • i i j. • tt- • • j; n j. c haue 100 Acres of l^upo who haveiugc Dceue a planter in Virginia tor 9 years past & Land. there continuinge shalbe made free and have the proporconable rate of one hundred Acres of Land alotted him like as to other Adventuro". and for 3 men ^g allso that the saide Stephen Sparrow att his owne charge trans - transported by m' . . „ , -rrr ttt- • i i Sparrow 150 Acres, ported three men to Virginia tor whom W Webb received the mouny as hee witnesseth vizd : John Slater, and lohn Powell in the George in October 1617 & W" Thisselton in the W"" : and Thomas, in August 1618, whervpj)on itt was agreed accordinge to his desire that for the said 3 men hee should have 150 Acres of Land. Walter Eidred 3 Walter Eldrcd produced to the Courte y' will of Thomas Hodges in to him & iiiad'l a ^^"^ ^^"^^^ ^^^ hath giveu vnto the said Walter Eidred 3 single Shares of free brother. 12": 10" w"" appeal*] uge to the Courte he dyed w%ut 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. Wheras v]ipon the peticon of Agnes NichoUC mother to one Henry ^"'-an Hamond to Dauies who did goe the Voyadge to Virginia w'" the Lord Lawarr in t.rHenrv^'Da^"^ 1616 and att six moneths after his landinge hee there dyed as by eer- 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 y" saide Henry Dauies shall have the Land due vnto him vppon his psonall adventure. fforasmuch as dive'''* peticons are to be read and some other buisines -^ Conrte to !« to be pformed before Depture of the Ship, itt was agreed that Mun- ^^^"^^ day afternoone next shalbe an extraordinaiy Courte. iLN EXTRAORDINARY CoURTE HELD AT S" EdWIN SaNDYS HOUSE THE 3 OF APRILL 1620 m"" Thfer. 8'' lo: Dauers. S^Tho: Wroth. S'lo: Wolstenholme. m' lo: Wroth. m'Tho: Gibbes. m"' Wrote. m' Herbert. Present. m^ Rob' Smith. m' Tho : Gibbslunior, m'' Wheatley. m' Keightley. m"' Palmer. m"^ Berblock. m' Barnell. m'' Rogers. m' EdwardC. m"^ Briggs. m' Bamforde, m' Roberta, m' Geo: Smith. m' Meuerell. m'' Sparrow, m"" Newporte. m^ Baldwin. [95] A Complainte in writinge beinge now presented by some of the Ad- ^' Comp": of >- venturo^of Martini Hundred, for redresse of some ™ngs, pretended ^"^"'"'"/"f °! J, ' »'r Martin? hundred done them pticularly by one Boyse entertayned there to be a Bayly of to be endowed in their hundred who contrarie to Covennts hath forsaken their Planta- y* Compv Tre to >•• con and settled himselfe elsewhere ; Itt was agreed accordinge as they 332 BECORDS OF THE VIRGINIA COMPANY desyred, that the saide writinge should be enclosed in the Companies tre, w"' advice to the Gouernor to rectefie theii- Greivances and further them in their lawfull desu'es. The Comp- Tre to M' Thfer reported y' the Comittee appoynted in the last Courte for the Gouernor fin- 1^^ drawinse a tre for the Comp" : to the Gouernor have mett and fj'nished the principall pointes of the same, if the Courte shall allowe theirof, therin meneoninge of "2' veiy sufficient and able men w'^'' are 2 Deputies to goe to goe as Deputies for y'' Company and to take charge of 2 : pticularr & take charge of 2 go verm tC vuder S'' George Yeardley for menaginge and orderinge 2 ment8. parts of the publique Land, and tefintC, the one for the Colledge, and 1 for that have dealt m'' George Thorpe a gentleman of his Ma""^ : pry vie Chamber, and one of his Councell for Virginia, who hath promised 2 w'h 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 TenntC sett out in 4: Burroughs, w'^'' wilbe no otherwise charg- able to the Company then for the present, allotinge them of Land and 3 allowinge them Tehnt< therevnto. And wheras S'' Georg Yeardley P' George Yeard- offereth to serve the Company gratis, the Company hould itt not requrpit7tracc"pt I'^quisite to accep' of his offer butt rather to dispose some pt of his lib- of. erallytie another waie that therfore hee, (as they intend hereafter to coveunt w"' such as shall succeed him hereafter) shall leave on the Governo" Land as many Tehnt^ at the expiracon of his Goverment as hee findeth or went w**" him at his entrance or afterwards shalbe sent vnto him. Theexecuconofy- And wheras Cap' Argoll in the time of his suspention from the place hi vhginia 'tefer- ^f Admirall authoryscd, Abraham Peirsey the Cape marchant to be his red to y' Gouernor Deputy or Vice Admirall w''"' hee could not doe till by his cleeringe Stet thT""" "' ^^® ^^^ frustrated the said suspension, Therfore the Comittee held itt fitt that the execucon of that Office should be referred to y^ Gou^nor and Counsell of State and to such vnder them as they shall appointe. The Secretaries ^^^^ forasmuch as the Gouemo'' and Counsell there have allowed of be confirni.Mi held certaiue ffees to be due vnto the Secretary by his place and sent itt intoUerabie c. hither for coufirmacon, the Comittee first and now the Courte pvs- inge the same found them so oppressive that they found them see APRIL .?, 16W 333 intollerable, & therefore held it convenyent that hee should have no fees att all butt that the Comp" : would allowe him certaiiie Land and TeilntC, and so to live vppon that butt for his Clarke to allow him 6'^ or 4'^ in the Crowne ther sett downe w'^'' belonginge to the lawes of gov- erm', and magestracie to be there established is referred thereto [96] And likewise wheras a Complainte is made of the Cape Marchant The Gouemo' to by the Planters of double and treble rates sett vppon the goods con- eLmL.le°v^Cape trarie to the Adventurers order that therfore the Gouerno''and Conn- Marchant? writ- sell be authorized to make him produce his writings and Invoyees to *°s* * invojxee. examine whether hee hath dealt fairely or no and returne informacon to the Company. Other things of smaller consequence beinge likewise to be incerted '^'^er Addicons to V* Trp' rpipmi to was comitted to the trust of the Comittee to pforme and soe the letter ^e pformed by >•• being putt to the question was allowed and confirmed agi-eeing that Comitee & to be it shalbe signed by the Thfer, Deputy, and Comittee in the behalfe ^'^®<^- of the Company. Hee also signified that m' George Yeardley desyred for his better M' Tfers request direccon the laws for Gouerment and Magestracye w-^^ although a !°' ^''"'■«i'»f & ^ *' 'J framiUEe oi Laws 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 himself e for 3: or 4 weekC into the country in w"** 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 Ma'^: instruccons from w"'' if hee swerve in any thinge itt shall not passe till the kinge have approved therof : Itt beinge not fitt y' his Ma*' subiects should be governed by any other lawes then by such as shall receave influence of life from his Ma'^': whervppon w'*" many thanks for his care his request was graunted. Itt was informed y' the Lady Lawarr desyred y' 25 Shares adventure y* i-ady Lawan- might be deducted outt of her Shares, and passed to Anthony Browne {'o^Antho-'Brov^ who intendeth to goe to Virginia and plant them w'^'' the Courte allowed. 334 RECORDS OF THE VIRGINIA COMPANY Elizabeth Percy ^ peticoii read from Elizabeth Pearey referred to the Adventurers of her Peticon. , , , , the Magazine. Fra: Baldwins Pe- ffi-auncis Baldwins Peticon beinge read itt was agreed should be ended to y« Gou9- comeuded to the Gouernor in the tre from the Company. nor. M' Deuereii? re- Weras oue Bartholemew Lawton was transported in y'' Bona Noua to quest for Bart : yjj.prjjjjj^ |-q remaine a Tehnt there, one m"^ Deuerell made sute that Lawton. ^ ' 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 w"*" 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 CovenntC his request by y* means might be obteyned and not otherwise wherw**" hee seemed sattisfied. [97] An Vnperfect Courte helde for Virginia att S" Edwin Sandys howse ye viij^" of aprill 1620. Present m"^ Treasurer. m' Keightley. m"' Eyes, m'' Tho : Wroth. m"^ Palmer. m"^ Brigs, m'' Gibbes. m"^ Berblock. m"" Arundle. m' Wrote. m"^ Cranmer. m' Newporte. m' ReighnokK. m' Palauicine. m"^ Ro: Smith. a Tre read from ^ j^.g beinge read from m' lames of Plymouth directed to m' Deputy moth'!'"^*" " ^ signifyinge that one Spark should dcuiliahlic §divvldge§ imputa- tion of y^ Countrie and Gouerment of Virginia falslie reportinge that 900: ||men|| are dead this yeare, and that the people are vsed w**^ APRIL 8, 1620 335 more slavery then if they were vnder the Turke, therfore for the curb- inge of his turbulent spirite, itt was agi-eed that a tre in the name a Tre to be written 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 w"" Justice and equitie. Intelligence was given y* m' Nicholas fferrar thelder beinge translated ^oo": giuen by m- X ich o thelder. from this life vnto a better, had by his will bequeathed 300" towards ^'''^^°- ^^"^' the convertinge of Infidles Children in Virginia to be paid vnto S"" Edwin Sandys and m'' lo : Ferrar att such time as vppon Certificate from thence ten of the said Infidles Children shalbe placed in the CoUedge to be then disposed by the said S' Edwin Sandys and lo : Ferrar accordinge to the true intent of his said will, and that in the meane, till that were pformed hee hath tyed his executo" to pay 8 p Cent for y** same vnto 3 seuerall honest men in Virginia (such as the said S" Edwin Sandys and lohn 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 reUgiou that is to say 8'' yearely apeece. An vnknowne pson hath allso given 10" for some good vses in i°" ?'"'^" ^y ^" -TT- • • Vnkno^vne pson. Virginia. ^ Wheras m"^ Thfer made knowne that notwithstandinge the gi-eate ^^°">' ^^^ ^° y deale of monny hee hath paid vppon old debtC yett there remayneth y-'great"standin^e some thinge still to pay w'^h cheifly is prizes due to Adventuro" vppo Lotterie the great standinge Lottery therfore moved that m' Wroth who hath taken a great deale of j^aines therin, and therby gayned much experi- ence that hee would examine what is due and to whome that y'' same may be discharged and y' m"' Brigs when hee is desyred may lend him his assistance. [98] And forasmuch as Geoi-ge Berkleys widdow demaundeth as is former- -"^o"^ demamuieti lie exprest a debt pretended due vnto her husband of 400" w* is 7 : or j^^.g ^jlow 16455— VOL 1—06 22 336 RECORDS OF THE VIRGINIA COMPANY The Adito" to ex- g years olde, hee desyreth that some course may be taken for the true amine w a is ue gxamiuacou thcrof that itt be truly knowne that the Complainte ther- vppon is indebted or if parte of itt hath beene sattisfied, w'''' was desyred that the old Audito" woiild take that paiues as most prop M' Briga to peruse yn^ them, And all the Officers of y' Comp" : when they are requyred lerwriing. ^^^ §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 Audito". M' Tfer: hauing ^Hso hee signified that haveinge pvsed the Act? of the generall assem- y-^generau ^sem- ^^Ij li^^ fouiid them in their greatest pt to be very well and iudiciually biy found them to carrycd & pformed butt because they are to be ratefyed by a great bejudiciaiiy car- ^^^ generall Courte therfore hee hath write vnto them that till then they cannott be confirmed' 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. A Comittee to Whervppon itt was held requisite y' accordingly 4 of the Councell & i,eajg 4 of the generallytie should be chosen for the effectinge therof w"*" beinge well allowed, the Councell was nominated, S' lohn Dauers m' Thomas Gibbes, m"' Brooke, and m"' Deputy, of the generallytie ¥^ S' Thomas Wroth, m' Samuell Wrote, m' Berblock & m' 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. 2 Complaint? pre- ^^^ wheras 2 Complaint? of wronge pltended to be done them by 8' tended to be done i/i i ti<. ■\ r^ ^^ ^ p ri t by S' George Grco : Ycardley hath beene heard before the Counsell the one of Cap Yeardiey. Madison & the other of Captaine Powell wherof the one vppon exam- inacon did manifestly appeare to be spleene and the other was vppon title of Land notwithstandinge vppon the mocon of m"' Tfer itt is A Tre to be written ordered that a Ire from the Comp*: shalbe written to m' Thorpe & y' to M' Thorpe C. 'Written over the word "performed." APRIL 8, 1620 337 Couusell of State and therin inclose their said Complaints that they may examine the truth therof and vppon certificate from thence they may accordinglie pceed to right either pte accordinge to equitie. A peticon now exhibited by y^ frends of ffraunces Newman who '^^^ peticon of >•• beinge sent a freeman and there susteyninge greate bondage and jje^Lan referr" slavery by the means as is alledged of Cap' ArgoU for y'' cleeringe of w"*" 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 ^'^^ Gouernor to his releasem', If vppon due examinacon hee finde no cause to the contrary. [99] A Charter parte by the Companies order beinge sealed by m"' Tf er : ^^^ Charter party to paie 600" to some named by Captaine Thompson within 14 dales to Cap' xh^mpJo^u after Certificate of the lonathanC saffe arivall att lames Citty and to be cancelled and landed her Passengers goods vppon request now of the Owners that g^ip^'^f '^ '° .^! hee would please that that said Charter parte might be cancelled the of y monny tA y monny off, the monny beinge by right to be paid vnto them the 0''i'«'^- Owners and not to him, and that hee would seale another for payinge therof Accordingly vnto them, the Courte appro vinge of itt and desyringe him therevnto hee was content to seale itt beinge first can- celled. lohn Edwards Peticon beinge now read itt was agreed itt should be ^°*^" Edward? Pe- recomended to the Gouernor. TaWL SeS^^ ernor Likewise a peticon of lohn Piddox was allso recommended to be ^°- Piddocks pe- examined and returned hy the Gouerno^ 338 RECORDS OF THE VIRGINIA COMPANY MAY Y" XI" 1620 Present Right Hono" The Lord Cauendish. The Lord Pagett. m' Thfer. S'' lohn Dauers. gr ^m Throgmorton. S' Henry Rainsforde. S^ Thomas Wroth. S' lohn Wolstenholme. m'' Deputy. D' Anthony. D' Winstone. m'' Gibbes. m' George Sandys. m' TomlynC. m' Bromfeilde. m"' Sam: Wrote. Cap' Bargraue. Cap' Bruster. m'' Bamforde. m"" Ro: Smith, m' Keightley. m'' Cranmer. m"^ Delbridge. m' Bei'blocke. m' Roberta, m"" Swifte. m"' Bosewell. m'' Sheppard. m' Meuerell. m'' Geo : Smith, m"' Barker, m' Arundle. One of y' natiues The Court, takinge notice from S'' Wilham Throgmorton y' one of the S'^Tifo- Dare^verie ^^^i^es w^*" S"' Thomas Dale brought from Virginia a native of y' sicke Country who some times dwelt a servant w"" a Mercer in Cheapside is now verie weake of a Consumpeon att m'' GoughC 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 ^^' ".^T^^''"^ ".' agreed to be att the charge of xx^ a weeke for this two monneths, if moneths bestowed ~ ^ . on her itt plcasc god shee be not before the expiracon therof restored to health or dy in the meane season for y^ administring of Phisick and CordialK for her health and that the first paym' begin this day seaven- night because m'' Thfer for this years reported his Accompts were MA Y 11, 1620 339 shutt vp, S' W" Throgmorton outt of his pryvate purse for the same ^^' ^^estowed on purpose hath promised to give xl": all w monney is ordered to he xhrogmorton. paide to m'' Gough through the good affiauce y" Comp* : hath of his Carefull meuaginge therof. [100] M' Thfer signified that the Ship called y" Bona Aduenture last dis- The Bona Venture peeded camo came not into the Downes till Sunday last by reason co^-ues tin sun- wherof hee stayd out the full time graunted him by the Company day last, duringe w"*" time hee hath pformed the Companies buisines soe care- fully that to his remembrance hee not omitted any thinge comitted to his trust, by reason wherof hee hath not done any thinge to the lawes "'5t'ii°g done to y hopinge hee shalbe excused consideringe the buisines for dispatch of the Ship was not to be suspended w'*", who to his knowledg is now out of Downes and on her way to Virginia. Wheras S' Nath: Rich hath by order of the Courte had some confer- ^' Horatio Veer rence 2 : or 3 : times w*" Generall Cecill aboute an Engineer to be sent ^'^'?' ^^'""^se to o assist }•' Comp': to Virginia y^ Comp* hath since dealt w"" S' Horatio Veere who is allso exceedinge willinge & readie to assist them w"" his best further- ance, soe that by both their means they may be the better supply ed. Touchinge the pointe of mitegacon of ymposicon beinge by a Comittee r mitigacon of the att S' Thomas Smiths agreed what course to take therein w"" by rea- fe^i^.'''^"" son m"^ Alderman lohnson was absent itt was referred till his Cominge to the Courte to vnderstand what is done in itt and of y" successe therof. The Order made by the Lord Duke and y^ Lord Arundell vppo refer- The order made by y' tt' in V' behalfe rence vnto them in y" behalfe of the S° : and N° : Collonies a Coppy of >•« s-! and x°; therof beinge pcured itt gave not sattisfaccon to the one Collony or Coiioniea 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 w^^in the other this Comp" : tiudinge themselvs greived therb}^ beinge a meanes to debarr them from the ymunities, his Ma"^ hath freely and gi-atiously graunted them for 340 RECOEDS OF THE VIRGINIA COMPANY aPeticontobeex- matter of ffishiiige, itt is agreed y* a Peticou likewise be exhibited to jjao!. *' '^ ""his Ma"" from this Companj^ for the maiutenanee therof, and that some of the tto' : of the Pryvie Counsell w*"'' are of this Societie be entreated to deliver itt from them, for pformance of w'''' the Courte hath requested m' Thfer who hath assented to see itt effected. 2 men to be sent "W^iei-as itt was agreed that two worthie and sufficient men should be ^reTf"2"^art? oi ssut as Dcputics from the Compa: to take care of 2 partC of the pub- y Pubiique Land, lique Land vizd of the Colledge and Companies for the first itt is allredy divulged, who is gone and of what worth and suflficiencie, 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 w'''' wilbe no other charge to the Company the allot - tinge him land and transportinge him TehntC 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 Gouerno" Land is, and m'' Thorpe [101] att the vpp end of the Colledge Land : The pubiique will from hence forth be preserved from the malliee and pryvate ends of any one whatsoeuer — where vppon for the Institutinge of w'''', and agreeinge w'*" the second Deputy for AComittee j^jg entertaynement, the Courte hath referred itt to S'' lohn Dauers, m'' Deputie, m' Samuell Wrote, and m'' Delbridge, who are desyred to meet att m' ThferC to morrow att 2 of the clocke. The rewardinge of rpj^^ ffecs allowed of in Virginia by the Gouernor and Counsell there referred to a Com- vnto lohu Porey Secretary of Estate beinge disauoued by the last ittee Courte itt was therfore referred to the abouesaid Comittee to reward his labours in another kinde. The Comittees for rpj^ Comittecs appoyuted for the drawinge and Collectinge of the Actes drawmjje v' Act? i. f J » o of y' Genfcraii Aa- of the geucrall Assembly in heads now reported that by the small light sembiy into heads given vuto them how to pcced they have done little therin, and therfore o ne > e lenn (j^gyyj.g^j j^g^^gj. ^q vuderstaud their charge, and that by reason of short- nes of time, some more may be added vnto them that the buisines may An Addicon i^g devided, otherwise itt wilbe hardlie pformed, whervppon was added MA Y 11, 1620 341 to the other S' : Henry Raynsforde, m'' Herbert, and m' Bamforde, who have apoynted to meete vppon Satterday att m' Thfers att 8 of the Clocke not only to collect them into heads butt to examine weigh them and deliver their opinions and Judgments of them. Cap* lohn Bargraue by the Audito" allowance assigned to m' Elias ^'^f' ^°- ^argraue ffoxton one Share of Land w'"'' vppon reporte of his good vnderstand - ^ m' ^TwL Fox^ inge & sufficiency the Courte have entreated that hee ioyne w"" the ton elected to be a Comittee Chosen for the Acts of the generall Assembly. Comittee c. Docter Winston desyred that wheras hee beinge Chosen a Comittee to ^^' ^''™- """""ote to prosecute law against Wye m' of the Garland that another might be atonVrome in i^ appoynted in his roome, his buisines beinge such that hee could not cutinge >•- Law attend, whervppon they have entreated m"^ Samuell Wrote to supplie ^s^'^^Uye. itt & ioyne w'*" m"^ Berblock for to follow itt w'^'' hee hath assented to doe. The last Courte tytled the impfect Courte beinge now read and putt >" '^ ';<""^ 'y- to the question for allowance was by ereccon of hands ratefled ||and courterateT^^*^ conflrmedll. [102] S' Thomas Gates by 5 seuerall bills assigned 1-i shares w"'' beinge first ^' Tho: Gates u allowed by the Audito" the Courte approved of as namely. ^^^^^ '"^ ^' 2 Shares to m' Edmond Hackett. 1 Share to S' Edward Lawley. 5 Shares to S' Walter Earle. 1 Share to Edward Clarke. 5 Shares to Christo: Earle. 14 M' Deputy signified that one m' Royncs ||Poynes||, and m' Bartley - seuerall Pattern? desyred to have 2 seuerall Pattent^ for land each of them w'" their p j^.'^^g ^ \ ^, Associates purposinge to transport Collonies into Virginia, thervuto, Bartiej- w"'' the Courte very well liked of. 342 RECORDS OF THE VIRGINIA COMPANY The Prepakatiue Courte 15°: Maij 1620 The Right honorable m' Thfer. S' Thomas Roe. S'Nicho: Tufton. S"' Ferdina: Gorge. S' lohn Dauers. S'' Henry Rainsforde. S'Tho: Wroth. S^Nath: Rich, m' Deputie. m'' Tho Gibbes. m' Sam: Wrote, m'' Herberte. Present. The Lord of Southampton. The Lord Sheffeld. The Lord Pagett. m'' Stewarde. m'' la: Swifte. Cap*: Brewster. Cap*: Bargraue. Cap* Warde. m'' Bromfeilde. m'' Palavicin. m"' Cranmer. m"' Bamforde. m' Berblock. m"^ Holloway. m' CasewelL m'' Swinhowe. m"^ Robert Smith. m"^ Henry Brigs, m"^ Delbrige. m'' WoodalL m"' George Smith, m'' Wheatley. m' Bull, m"" Couell. m' Spruson. Bills to be sett jyi' Caswell signified that by some of the Adventurers of the Maga- chanee "for sale ^^^® ^^o mett lately att S"' Thomas Smiths ordered- was given that of Tobacc" and bills should be sett vppon the exchange for sale of the Tobacco and Sassafras. Sassafras, Whervppo att the times as was there exprest for the sale of itt, Sundry Adventurers mett att S'' Tho: Smiths and divers Tobac." deuided strauugcrs, and the Tobacco beinge devided into 3 sortes and putt to new to m°Caninge ^^^^ ^7 ^^® Candle w'^'' was adiudged as f olloweth the best sort of new & y« oide to m' Tobacco att ij^ — 10*^ to William Canninge [103] and the 2 worser sortes beinge olde Tobacco to m"' Alderman Johnson who bid 2 the pound for the one and 12** 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 disputacon of the base Alder: lohnson. MAY 15, mo 343 price itt was sould for, hoklinge itt more convenyent to have itt burnt then so to passe w''" by Computacon all charges beinge borne yeilded not aboue iiij'^ 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 should be putt into the hands of some trustie man to sell itt to y'' h^andf^^oVso'me vttmoste benefitt of the Adventurers, and they to be allowed some trusty man. reasonable recompence for their paines, w"'' beinge putt to the ques- tion for approbacon was ratified by ereccon of hands. Wheras this day was apoynted by order of Court for hearinge y** cause The heannge of between Cap* Argoll & Cap*: Bruster, the said Cap* Bruster made his c^ptame Bmstera ^ ^ ^ ^ cause delerred. appearance and desyred to be heard, butt forasmuch as Cap* 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 Cap' Bruster deferred itt till ffryday afternoone next requyring the Secretary once more to give him notice therof . And forasmuch as by a standinge Law of the Comp^ : itt is ordered The Compv to that when the Thf er shall please hee may appoynt any Quarter Courte ""^^*® '" ^'' ^'^'*' to hold both forenoone and afternoone, hee therfore signified, that forasmuch allso much buisines is to be 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 Eleccon of Officers and other more weightie buisines. Touehinge the pointe of mitigacon of Imposicon itt was thought good >" mitigaoon of by reason againe of m'' Aldermans absence that itt be revyved att the reliUie^r'at "•• Q: Quarter Courte vppon Wednesday. Courte. The Comittee appoynted for to consider of certaine Land & TeutC w'"' The Comitte^s re- the Courte thought fitt to be graunted vnto m^ lohn Poreyand therbv ^"'^^ touehinge " ^ ' * m' Porev. to anihilate the intollerable ffees graunted him by the Gouernor and Counsell of Estate there and sent hither for rateficacon reported now 344 RECORDS OF TUE VIRGINIA COMPANY that haveinge taken the same into consideracon they hould itt requi- site that for the present hee have 500 Acres of Land allotted for him and his Sueeesso" and 20 men to be planted thervppon to he trans- ported att the Companies charge §Ten§ to be [104-] sent this yeare and 10 next year w'^^'' hearafter may be enlarged as the Company shall see cause, w""" beinge putt to the approbacon of the Courte was allowed and confirmed by generall consent. The Conutteea for g^^. ^.j^g Comittcc chosen f or the Acts of the generall Assembly m'' eraii Assembly Thfer signified that they had taken extraordinary paines therin, butt dispensed w'" till forasmuch as they M^ere exceedinge intrycate and full of labour hee Midsomer t^rm'" ^^ their behalf c desyred the Courte to dispence w*" them till the Quart: Courte in Midsomer Tearme w'''' will be aboute six weeks hence which the Courte w"" many thanks vnto the Comittees for their gi'eat paines williuglie assented to itt. Diuers shares Therwas uow divcrs and sundry shares presented to be passed ^^^^ approued by the Audito" one bill of Adventure of 10 shares from my Lord of Dorsett, to Henry Manneringe six shares to six seuer.all psons by Cap' lohn Bargraue, one to S' lohn Thornburough, one to lohn Collett gen*: one to Tho Collett gent, one to Thomas Mas- terson gent, one to Captaine Lawrence Maisterson, and one to Augus- tine Lynsell Batchellor in Diuiuity Tho : Mellinge one Share to lohn Cuffe, George Peirsey 4 shares to X°: Martin, and lastly Tho Harris to Tho: Combe w*^*" the Court ratefied and Confirmed. TueCompv togiue Wheras the last Courte made choyce of m' Sam Wrote to ioyne w'" in^e^here 006^^11 "^ Bcrblock to prosccute law against m' Wye m' of the Garland they y Admiralty. 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, Whervp|)on itt was agreed y' 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 bv ;qf^^ laiH aril ^o ^nljnW- .III 83JoVi ^'i/mai niiol H ,-,» .,,:,,,'-) '.- . I.T .y Tno .u .uuuur' Cb % > ■* y her will gave two hundred pounds towards the foundinge a Church in Virginia. Another vnknowne pson (together w"" a goodly letter) hath latly sent to the Thfer 550'' : in gold for the bringinge vpj) of Children of the Infidles first in y*" knowledge of God & true religion, & next in ffitt Trades wherby honestly to live. M"' Nicholas Ferrar deceased hath by his will given 300" : 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 av"'' 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 Thfer the sume of Tenn pound for advanceinge the Plantacon. Ther haue been PattentC graunted this yeare for Perticular Plan - tacons. PattenK 1 To m' Wincopp 2 To m'' Heath Recorder of London 3 To Doctor Bohunn 4 To m' Delbridge 5 To m' Tracie 6 To m^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 w"' store of Cattle. [112] MA Y 17, 1620 355 After w*"" writinge beinge read in' Thef er pceeded to declare vnto the ^'' ThreK decia- Courte the State of his Accompt, aswell for the Companies generall ^^i°^^^ Aca.mp' & Cash as for the Cash of the Colledge, and first hee sayth hee hath of y Cash. receaved no warrant for dishursraentof their monney butt such as hee knew to be iust and necessarie that in the booke of Accomp' w'^^'' hee exhibited to the Courte Audited and apjjroved by 5 : of the 7 Audito", and the other two beinge away hee hath sett downe distinctly the pticularr reasons as well of his severall receipts as of his Severall Disbursm'^'' the breife wherof ensueth. Recip'^ for the generall Cash. li Remayninge of the last year 0111 Old Debts & duties recovered 1442 Bills of Adventure 0037 Lottery monney 7000 ffor Passengers & ffraight w"' some Cattle sould 0809 Monney Lent repayde 20 Of the Citty for a hundred Children sent to Virginia 400 Monny given 0010 s d 12 02 04 01 10 00 00 00 08 08 00 00 00 00 00 00 Sumis 9830 ; 14: 11 DisbursmentC out of the Generall Cash Old Debts and Duties discharged 3707' Settinge out Ship men and Provision 6598 : Officers wages 0112" Petty charges layd out by the Officers 0013 : Sumis 10431 : Receip'^ for y" Colledge 2043 2043 : DisbursmentC for the Colledge 1477 : 17 02 00 06 10 00 OG 11 14: 02: 15: 07 05 356 RECORDS OF THE VIRGINIA COMPANY The Comp- lefte j^j[r Thfei" allso declared that for any buisines done in his yeare hee not oi debt. one peun> in ^^^ ^^^^ lefte the Comi/ : to his knowledge one penny in Debt except - inge phapps the remayne of some charges att Plymoth wherof the Acconipt was not yett com in and exceptinge that w*"" should grow due vppon the fraight of Ships accordinge to the Contracts made w"" 1200" in stock for ^jjgjj^ |jy ^j^^ Cotu'te, and lastly that hee had lefte in Stocke for the then " y former vse of the Lotteries twelve hundred pound more then was lefte the yeare. former yeare. M' Deputies Ac- ggg peeeded then to declare y* dive" gi"eat Somes haveinge by warf nt i^n's'booiu. 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 Aecompt of his doinge The first Accomp'^pj^gggg^j -^^ three book^, wherof the first was an Aecompt of the of V' pticulara "I . , n n i i i • t i n ^.h i l i all 'y' monny by pticulars ot all the mouy by him disbursed w had beene examyned him disbursed, and approved as well by the Comittees as by the Audito" as appeared vnder their hands. [113] The Second a Cat- rpj^g Sccond was a booke conteyninge a Cattalogue of Invoyces of all y° voycea. provisions sent this yeare to Virginia sett downe in exact manner after the vse of Marchauuts. The3»:Contayned Tj^g third booke couteyueth a Cattalogue of the names of all the names of^^v'^Pe^- pso^s seut this yeare att the publique charge to Virginia together Bons sen' to vir- with their seucrall Coiintries Trades and Ages, hee could not butt very gmia at y' pub- gj-g^tlie comcud m'' Deputy for his fldelitie care and Industry who uque charge ° . . . . negleetinge his pry vate buisines had employed his whole time together w"" the great help and assistance of his brethren, in pforminge so well his charge full of incredible trouble. Lastly his respec- Lastly hee coiicluded w"" his respective thanks, first to the Comp* in tiue thanks to the n i> j.i • i • i_ • i • i j.i i.- i i j. i.i. Company &°. gencrall tor their love m 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 w"* him in the supportinge of his burthen, and againe to the Courte in generall for their patience in bearringe w*"" his MA T 17, 1620 357 vnwillinge erro" & other naturall infirmities, so deliveringe vpp his Office togeather w*^" the Sealls hee desyred the Courte to pceed in Eleccon of their Thfer, accordinge to the message lately receaved from his Ma'^': and thervppon w'Mrew himself e out of Courte. Vppon w"*" this great and generall Courte found themselvs vppon » ^he Eieccon of deliberate consideracon of the matter att an exceedinge pinch for if they should not doe as the Kiuge had commaunded they might incurre suspicon of defect in poynte of duety from w"*" they protested they were and would be free, one the other side if they should proceed accordinge to the lymittC of that message they suffered a gi-eate breach into their Prevyledge of free Eleccon graunted to them by his Ma'' : letters Pattents, w"'' they held fitt rather to lay downe w"" all dutie and submission att his Ma""': ffeet then to be depryved of their pryve- ledge, and thervppon pvsinge the said tres Pattents after longearguinge and debatinge, itt was concluded by generall ereccon of hands, that the eleccon might and should be Adiourned to the next Quarter Courte notwi"'standing any order made by the Company to the contrarie. Whervppon forasmuch as itt mauyf estly appeared that his Ma"" : hadd beene much misinformed of the menaginge of their buisines this last yeare, Itt was agreed accordinge to the opyniou 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 KingC farther pleasure, And in the intrym they humbly entreated the Right Honorable y" Lord of Southampton, Vyscouut Doncaster, AComitte«todraw The Lord Cauendish, y*^ Lord Sheffield, S^ lohn Dauers S^ Nicholas '^^ ?'."":|''.7'^^^^'^^ ' ■' ' to hia Ma"': Tufton, S' 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 Ma*' : message and to deliver to him a true informacon aswell of the former as of this [114] latter years gouerment of the buisines for Virginia beseechinge allso that his Ma"": would be pleased not to take from them the Pryveledge of their tres Pattents butt that itt might be in their owne choyce to have free eleccon. 358 RECORDS OF THE YIROINIA COMPANY S' Edwin Sandys Vppoii w'" till his Ma" : pleasure were knowne S' Edwin Sandys after tniht^a'^'pieL^u" Diueh and ernest refusall, att length vppon ernest request of y^ whole was knowne and Courte hee yeilded to sett down in his former place j^ett forbearinge all other Officers ^^ receave the Sealcs againe or to putt any thinge to Question and all continued. ,., . • i -m i • other Officers were likewise continued till the same time. y buisines Con- \\x was agreed beinge putt to the question y' by reason of this Occasion that notwithstandinge any order the bui of the Clock should this day be of force. t« of force*' ^ ^ ^^''^^ notwithstandinge any order the buisines concluded of after six Cap' Argoii & Cap- j^^ ^^s agreed y' the buisines betweene Cap' Argoll and Cap' Bruster de^errd. should be deferred till Twesday att 2 : of the clocke and then per- emptorily heard w^ut further delay. S' Edw: Sandy?, gr j](j-^iji Sandy s made 2 requests one that wheras att returne of the reques . Certificate from the Ships ther wilbe due to pay 2150": for which >■' °°® ^°'" 2^^'^" himselfe and m'' Deputy are engaged that for their secuiyty such stands ingaged Lottery monny as hearafter commeth in may be paid vnto them to for. y* Sume w'^'' beinge putt to the Question was ratefyed. y other y- hee ^\^q other that for the quietness of his mynde and rest of his body y"'counTry. liec might have libertie after the Tearme to retire himselfe into the Country vnto w"** y* Comp^: promised to give answer att the next Courte. M' Wrotes mocon Vppou the mocou of m' Samuell Wrote that such monney as is layd for layinge out of ^^^ ^ j^-^ ^ ^^r Berblock in the psecuting law against Wye, m^Thfer monny in prose- •' s^ o o .; i lu tinge La we might pay the same by warrant to them the Court held itt very againste Wye. 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 m' Berblock did enter into bond in the Admiralty Courte, accordinge to the Cus- tome therof , the Conip* : should give vnto the said m' Wrote and m' Bearblock vnder their Common scale authoritie to prosecute the sute and sufficient assurance to save' them harmless. [115] ' "Save" is written over the word "have." MAT S3, 1620 359 An extraordinary Courte helde for Virginia y" 23^" OF May 1620 Present The Right Hono" The Earle of Southampton. The Lord Cauendish. The Lord Sheffeild. The Lord Pagett. m'' Deputy, m'' Gibbes. D' Gulstone. D' Winstone. Cap*^ Maynwaringe. Cap' ArgolL Cap' Tucker. Cap' Brewster. S'' Eduard Saekvile. S"' Edwin Sandys. S' Nicholas Tufton. S"" Henry Rainsforde. S^ Thomas Wroth. S' Walter Earle. S' Fraunces Lee. S' lohn Wolstenholme. m"' George Sandys. m' Sam: Wrote, m'' Palavicine. m' Rob' Smith, m"' Gabriell Barbor m' Bearblocke. m"' Delbridge. m"' Casewell. m'' Swifte. m'' Louell. m"' Meuerall. m"" Woodall. m' Bull, m"' Sparrow, m'' Mellinge. M'' Thf er desyred that before they pceeded into other buisines hee ^^' Threre reiaoon might speake a few words for the Cleeringe and iustifyinge himself e, "a^^'^ppo^^i'^^ ffor wheras itt is divvlged that hee should incense the Spanish Ambas- hee should iiuens^ sador against Gap' Argoll ||Capt Argall|| as allso against ||the Lo : North ^'^5|;''"'2„^,J"cr"' and|| Cap' North his brother hee vowed and protested that hee never Argoii and c«p' did see the Spanish Ambassador butt in the streets nor never sent or North, received any message to or from him neither li'e or any other Avrit- inge, Whervppon in his b4tj 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. Cap' Arpoii and This day beinge apoynted by order of Courte was spent in hearinge the their Caulehird"^ Cause between Captaine Argoll, and Captaine Edward Brewster touch - inge his Condempnacon att a Marshall^ Courte in Virginia, att such time as Captaine Argoll was there Deputy Gouernor : the pceedinge wherin will appear by the sentence of the Courte w"*" att the request of Captaine Brewster was ordered to be sett downe in writinge and sealed w"" the Seale of the Company. The sentence of the Courte touchinge Cap' Brewsters Condempnation . The sentence of y The Threasuror, Counsell, and Company of Aduenturers, & Planters Cap' Brewster? ^^ ^'^^ Cittic of Loudou for the fiiirst Collony in Virginia, To all vnto Condempnacon: whome thcse preseuts shall com to be scene or heard Greetinge, Wheras Captaine Edward Brewster hath heartofore exhibited aswell to the said Counsell, as allso to the said Thfer and Comp*: assembled in their generall Courte, a Complainte in nature of an Appeale against Cap' 1 1 Samuel 1 1 Argoll late Deputy Gouernor of Virginia and from a sentence of Death awarded against ||the sd|| Cap' Brewster, by a Mar- shall Courte in Virginia called and assembled by the said Cap' Argoll y^ fifteenth day of the monneth of October 1618: w'''' sentence the said Cap' Argoll in [110] his answere to the said Complainte may- teyned to be iust and good : ffor the hearinge and finall orderinge of w''*' cause in varience after \_the^ exaninaco and deposicons had and taken att the Tryall of the said cause in Virginia, togethe' w"" the pceedings and sentence of the said Marshall Courte by vertue of a Comission by vs gi-aunted were returned from Virginia; And after divers dales of hearinge formerly sett downe, and adiourned from time to time vppon default of appearance of the said Cap' Argoll ; Itt was now lastly ordered in a great and generall Coiu-te: Commonly called a Quarter Courte held the seaventeenth day of May 1620, that on the twesday ensuinge pemptorily and w'^'out more delay in a generall Courte to be summoned for y' purpose the said Cause should receave a full and finall hearinge and determinacon. MA Y 23, 1620 361 At w'''' day beinge the three and twentieth day of the said monneth of May in a great Courte held by the Thfer and Company wheratt were present The Right Hono'^, Henry Earle of Southampton, Wil- ham Lo: Cauendish Edmond Lord Bheffeild, WilHam Lo: Pagett, S'' Edw : Sackveill knight W Frauncis Leigh knight of y" Bathe, S' Nich- olas Tufton knight S' Edwin Sandys knight, S'' lohn Dauers knight S'' Henry Rainsford knight S' Frauncis Egioke knight, S'Tho: Wils- ford knight, S' Tho : Wroth knight S' Walter Earle knight, S^ lohu Wolstenholme knight, S"' Henrie Maynwaringe knight, W Edward Lawley knight, Thomas Gibbes esqr George Sandys esquire, Samuell Wrote Esqr M' lohn Ferrar Deputy and a great nomber of the geuer- allitie of the said Company: the said Cap' Edward Brewster, and Cap*: Samuell Argoll beinge psonally present, after a full hearinge as well of the said Cap* Brewster as of the said Cap' Argoll w"" then- seuerall Declaracons and allegations on both sides and after mature deliberacon, and weighinge of the wholl Cause, w"" the Comissions Deposicons and other writinge pduced Itt was by vs the said Thfer Counsell, and Company finally ordered and determyned as here ensueth. Forasmuch as itt appeareth by his Ma'"" : Lres Pattents bearinge date the three and twentieth day of May in the Seaventh year of his ]\Ia" raigne of England C. That all proceedings in matter of Justice to be vsed and exercised in Virginia are to be framed as neer as may be agreable to the Lawes, pollicie and forme of Grouerment of this Realme of England, and that the graunt of the vse of Martiall Law in Virginia is in the said Lres Pattents expreslie restrayned to the cases only of Rebellion, and Mutenie in like sorte as his Ma'^ Lieu- tenants in the seuerall Counties of England have power by then- Comissions to exercise the same, Which declaracon of his Ma'' royall pleasure touchinge the manner of Administracon of Justice in Vir- ginia was expreslie incerted in the Comissionu for the place of Gou- ernor graunted to the said Lo : Lawarr vnto w*"" 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 tranquilly tie at home and abrode. [117] 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 examinacons ther had and taken, that the said Martiall Courte pceeded against the said Cap' Edward Brewster vppon the two and thirtieth Ai'ticle of their Martiall Law sett downe in these words vizd, no man shall offer any Violence, or contemptiously resist or disobey his Comaunder, or doe any Act or speake any wordes which may tend to the breedinge of any disorder, or Muteny in the Towne or Feilde, or disobey any prineipall Officers directions vppon paine of death And that the fault wherwith the said Cap' Brewster was charged and w"*" was iustified against him by two wittnesses, namely Thomas Parsmore and lohn Lampkin was words importinge matter of Disobedience and opposicon to the said Captaine Argoll not in his place of Gouerment butt in matter of pryvate varience aboute the TehntC and servants of the said Lo : Lawarr then deceased w''*' beinge sett on worke by the said Captaine Argoll, the said Captaine Brewster (vppon allegacon 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 executo''^ of the said Lord Lawarr and his fellow Adventurers w'^ some Collerieke and threat - ninge speeches vsed against the said Thomas Parsmore for refusiuge to go w'^ him, butt not against the said Captaine Argoll for ought that appeareth in the said examinaeon ; And lastly itt appeareth by the Certificate of the said pceedings that some of the said Court houldiug those Martiall LawC to be verie strict and seueere made a mocon to sue and entreat the said Cap' Argoll to save the said Cap- taine Brewste" life, where vnto all were verie willinge and the Mynisters then present ioyned w"" them therein, And that after much entreatie & many allegaeons by the said Captaine Argoll, in the end they plvayled w"' him so much that they pcured his life MAY 23. 1620 363 vppon some condicons as appear in the said Captaine Brewsters Oath written w"" his owne hand and sent thither w'" the said Certificate, In w""" Oath among other things expreslie conteyned that th(; said Cap' Brewster should not direetlie 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 y" Plantacon or of the present Gouernor which was the said Cap* 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 resolucon : 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 dery ved from his M"" : and that itt did not any way appeare to the said Courte that the said Cap' Brewster either by the Deeds or words wherw"" hee stood charged att the time of the said Tryall by the said Martiall Courte did any waie deserve the seueere penaltie of death, and that the manner [118] of the said tryall by Martiall Law, and in a Martiall Courte, beinge in time of soe generall peace and no rebellion or mutyney was to be held for vnlawfull and of no validitie and consequentlie the said Captaine Brewster was to be held as a legall man and not lawfully condempned the sentence of the said Martiall Court (from w"'' the said Captaine Brewster hath apealled) notwithstandinge ; The substance of w'''' opinion and reso- lucon of the said Court beinge first seuerally delivered by the said Lords, KnightC, and others of the said Couucell there present, was finally approved and ratefied by the said Generall Courte by a generall ereccon 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 Covu't should be exemplyfied vnder their Legall Scale. And wheras allso the said Captaine Argoll att such time as hee was ^"^f"' -^"^i' Gouernor of Virginia writ a ter vnto S' George Yeardley here in England, and w^'all sent sundry Copies to his great infamy and dis- 364 RECORDS OF THE VIRGINIA COMPANY gi'ace the said Tre by approbacon of this Courte was sent back to the Councell of State rcsydent in Vii^ginia to examine the trueth thereof, w"" S' George Yeardleyansweringe the same beinge long since returned was now read. S'' Henry Maynwaringe assigned 5 shares of Land vnto S' Edward Sackiiill knight w""" the Court ratefied and confirmed. M' Anthony Orby by his bill assigned 2 shares to S' Nicholas Tufton knight w'''' likewise was allowed by the Courte. 2 Pet icon? de- Two PeticouC exhibited demaundinge monny of the Company w"*" maunding monny ^-^ pretend due vuto them one Tenn years and the other six was referd to the Au- •' ^ '' ditore referred to the Audito" to examine and reporte what they finde, vnto the Courte. [119] A Courte held for Virginia the last of May 1620 S^ Edward Sackvill. S'' Edwin Sandys. S' Baptist Hicks. S' Henry Rainsford. S'Tho: Wroth. S^Io: Wolstenholme. m"' Deputie. m' Gibbes. D' Winstone. Present. m' George Sandys, m'' Oxenbridge. m'' Buckley. Cap' Bargraue. Cap' Brewster. Cap' Warde. m"' ReighnoldC. m' Bamforde. m"' Sam Wrote. m' Caninge. m'' Casewell. m'' George Smith, m'' lo: Smith, m"' Briggs. m^ Bull, m' Foxton. m'' Arundle & divers others. :j Proiect? pre- Three ProiectC beinge plsented in writinge to m'' Thfer it pleased him to v^" 1- fr.Mii ui' deliu^them vnto this Courte where beinge red the first from m' W° "paim.r for a fitt Pallmer touchiug the orderinge of Tobacco, and of a very fitt man man for planting ^amed m'' SomerscalK ; who is very skillfull in curinge that Plant wherby itt may be made more pfitable then itt is ; Whervppon the MA Y .?/, 16W 365 Coiirte have entreated a Comittee to treate w'" the said Snmerscales aboute itt, vizd. S' lohn Dauers, m' Deputy, m' Gibbes, m' Wrote, m' Palmer, m' Casswell, m' Georg Smith. The Second from m' Englebert touchinge an Engine devised by him ^"'r;'''"'" ^'^^^ for plservinge the Plan ta(5on from force of Armes, was likewise referred to a Comittee that is to say S^ Edward Sackuill S^ lohn Dauers, S^ * Comittee. Henry Rainsford, S' Hen: Manwaring m' lo: Wroth, m' Tho GibbC, 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 imploym' of Weavers, fourthlie for the sowinge of Hemp and the orderinge of itt, was allso referred to be considered ^ Comittee of by m"" Christopher Cletherow, m' Bland, m' Cranmer, m' Bull, m' Sheppard, m"' Caswell, and m'' Mellinge. A tre was now red directed to m' Thf er from S'' Tho : Smith S' lohn ••^ ^re red from S' Wolstenholme, and m'' Alderman lohnson desyringe him to discharge wo^isteThoim a y" ffraught of the George they standinge engaged for the Company by m^ a Merman Charter partie to see itt discharged the Magazine haveinge paid the Company 200" ffor fraught of Passengers and goods. lohnson. Butt forasmuch although the George was entertayned by the Com- pany yett shee was employd and dcteyned there by the Magazine and what benefitt shee there reaped fe by Passengers ffraught ffishinge, and otherwise was putt into the hands of Albraha Peirsey the Cape Marchant, for w"'' 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] The sentence of the last Courte beinge drawne vp and engrosed of The sentence of r disanuUinge of the Condempnation of Captaine Brewster by a Mar- am,iiing'^ of'' cap' tialk Courte in Virginia summoned by Cap* Samuell Argoll att such Brew.-^tcK Con- time as he was Deputy Gouernor there, and beinge now read att the dempnacon read, place to this effect that the wholl Courte agi-eed Captaine Brewster 366 BECORDS OF THE VIRGINIA COMPANY to have been vuiustly proceeded against both in forme and matter, S'Tho: Wroth ex- ^nd consequeutlie remaynes still a legall man not one dissentinge, S'' cepcon Tho: Wroth onely tooke excepcon to these words (not one dissentinge) In somuch as hee now professed himselfe to be of a contrary opynion, and y* att that time hee held vpp his hand against yt, And that the reason therof was for that Capt Ai'goll alleadginge that hee had S' Tho Wroths ai- answered Captaine Brewster in Writinge, that writinge of Cap' Argolk legacona opposed ^^g ^^q^^ re2i(\. att the hearinge of the cause ; Against w""* Allegacons ^^ ^ of S"^ Thomas Wroths the wholl Courte did generally oppose averringe that hee did not uphold ||vp|| his hand against the sentence seeinge if hee had so done itt must have been seen by some of the Courte w*^*" itt was not, no not [owe] of them w''"' on purpose did observe him And that when m'' Thfer 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 w'''' hee did not. And for his allegacon touchinge Cap* Ai-golK writinge itt was answered that the writings exhibited in this Cause by Cap' Brewster and ||bj^|| Captaine Ai-goll 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 w"" examinacons of wittnesses was returned, w"" examinacons were all read openly att the hearinge of the cause, and the former pceedings of the Martially Courte might have been read if itt had beene desyred, butt because the tryall itt sellfe by a Martialk 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 Cap' Brewster hot by ver- tue of the Laws of England butt vppon the 32 Article of y" Martiall Laws of the Low Countries, by w"*" Disobedience to any principall Officer was made death : and the Disobedience of Cap' Brewster was in Commaundinge the Lo : Lawarres men then vnder his charge from the works vnto w"" they were sett by Captaine Argoll to the works for w''*' they were sent by the said Lo: Lawarre and his ptiners, Butt that the hearinge of this cause betwene Cap' Brewster and Captaine Argoll was onely by word of mouth on both sides and not by writinge MAY 31, mo 367 and that both pties were heard att large and w*" all indifferrencie ; Notwithstandinge the Court was content so much to sattisfie S'' The Wroth that an excepconof him should he incerted att that clause, and further vppon the said Cap' Brewsters request have agreed that a Duplicate of the said sentence shalbe sent to Virginia to shew y' hee stands cleere. [121] The Company gave their bond to m"' Samuell Wrote and m'' lames a bond sealed to ni' Wrote Bearblock. Berblock to bear their charge and save them harmeless in the sute °'' ^^ '"'"*^ * ™' comenced by them againste m"" Wye and Sealled itt with their legall Seale in the presence of the Courte. M'' Treasuror declared that att the last Quarter Court for the Suiner IlandC 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 consideracon of that Courte concerninge (as hee conceived) the ^i' ThfeK Decia- great daunger of those Hands, butt beinge then stopped by some of ^^^j^'j'j yi'^a'^! that Courte from the deliverie hee would reveale itt to this beinge a ger it stands in buisines w"*" maynly coucerneth Virginia, for see longe as the same Hands shalbe in safftie itt is probable that none will attempt to siu-prize Virginia, butt now as the case standeth the Somer Iland^ is much frequented with men of Warr and Pirates, w"' whome the Inhabit- ants there are growne in greate likinge, by reason of the Comodities they bringe vnto them, insomiich that by a letter from one of their Mynisters dyrected to S'' 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 entertayued 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 salftie of Virginia as aforesaid, his conscience tolde him that by their Oath they were bound to acquainte his Ma"" : Priuie Councell therw"" to have theh- advise and direccon therin Butt forasmuch as S' Thomas Smith is 16455— VOL 1—06 24 368 RECORDS OF THE YIRGINIA COMPANY Gouernor of y' Comp* : itt was desyred y' hee might be acquainted therwith, to know if itt were his pleasure to make choyse of some other of the Somer IlaudC Societie to accompany them, Whervppo m"' Casewell and m'' Georg Smith were entreated to know S"" Thomas Smiths pleasure herin and in y® meane time this Courte have nomi- nated S' Edward Sackuill, S' lohn Dauers, ni' Thomas Gibbs, m' Deputy, D' Winstone, m^ Wrote, and m' Berblock to repayre vnto the Lords att such time as they know S' Tho : Smiths resolucon. [122] S'ThomasGate?. 3 gjp Thomas Gatcs by two seuerall bills assigned 3 Shares to S' Henry Ldnsforde iTto Raiusford and other three to Edward Morgan of London Brewer w"" Edw: Morgan the Audito" havcing approved the Courte now confirmed. The Baiiatinge ;^jr Dcputy signified that wheras the Ballatinge Box was sent to y* S'^Tho^Smtth. "^ Sumer Iland^ Courte of Eleccon to doe them at that time a pleasure, hee vnderstandeth that S' Thomas Smith deteyneth the same, wher- vppon in regard itt was given to this Societie by m' Holoway who in gratefycacon 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 S' Thomas Smith w''*' if hee refuse to deliver then to take some other Course for the obteyning therof. A Ire from y» La: ^ j^e directed to S"^ Edwin Sandys from the Lady Lawarr was now to be pa^se^i to m' ^^^ siguifyiuge that wheras m' William Waller of London Marchant Waller. had Advcutured xij" x° w**" 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, w* y* Courte willingly assented vnto and confirmed. DntchMiiiwrights jyjr Thfer signified vnto the Courte that m' Deputy had procured ough! "" "'^" 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 w'^'' the Company gave him thanks as a thinge of great benefitt and Comoditie to the Collony, And appoynted that the Comittees should be acquainted w"" the bargaine and take order for them when they come. JUNE 33, 1620 369 23 IVNIJ 1630 A COURTE HELDE Lord of Southampton. Lord Cauendish. Lord Sheiffeild. S' Edwar: Sackuill. S' Edwin Sandys. S^Nicho: Tufton. S' Willia Fleetwood. S'lo: Wolstenholme. S' Walter Earle. Present the Right Hono* : m-- Tho Gibbes. m"^ Deputy. D' Winstone. m' Wrote. Cap' Bargi'aue. m''Hen: Reignold^. Cap' Brewster, m'' Ditchfeild. m"^ Ro: Smith, m"^ Berblock. m' Caswell. m' Paulson. m' Geo: Smith. m' Briggs. m' Cranmer. m' Bland. m'' Palmer. W'" Diuers others. [123] M' Thfer signified vnto them that the Bona Noua being com from The Br.na Noua Virginia brought very good news that the Plantacon inioyed Peace ^*"™ health and plenty, but by reason of his exceedinge much other buisi- nes haveinge not yett pvsed the Ires 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 w'" was referred to himself e and D^ Winstone of Collect- "r*"! ^'^'^ '° a booke inge all the Adventurers from the begininge into a booke to be putt in print as now determyned.' And wheras sundry fowle aspcons have been laid vppou Virginia to AnApoiopietoeet 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 w'^'' there had been taken a gi'eat deale of paines as to them who should please to pvse itt would appeare. ' This list was printed under the date of this Court. List ot Rerords, no. 183, page 141, ante. 370 RECORDS OF THE VIRGINIA COMPANY ni'Whittakersand jjgg haveinge receaved notice of the good carriage of some psonns in Comended. '^^ °" Virginia was specially to recomend vnto them one m' labez 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 Nona who discharged himselfe well of all that was reposed to his tinist and returneth much comended from the Gouernor and Counsell, as one of the sufiicientestC M''" that ever came thither. The Comittees re- rpj-^g Comittee (apoynted to treat w"" m' Somerscales toiichinge the SomersMieT^'pTO- Proicct) deliu9d that they have had conferrence w*** him, and they iect said that the attayninge of his ends is by raysinge a Stock to be adventured of 1.5000" for w"*" hee would drawe a Preamble and present itt to the Courte for so many as pleaseth to vnderwrite. M'Egeibert rpj^^ ^^^^^ Comittee haveiuge Conferrence w'" M' Eglebert, S' lo: Dauers deliu^ed y' hee thought him to be a fitt man and sufQcient for that hee vndertaketh and haveinge receaved his Demaunds in writings presented them to the Court, w''*' beinge red was referred to y^ said Comittee to consider of againe w"* him against y'" Preparative Courte. The Comittees re- Touchinge the Proiect of m"^ More for the makinge of Sopeashes Pott- More. ashes and the Plantinge of Hemp and fflax C the Comittee haveinge speech w"* him reported that for the mayntenance therof itt did not much disagi'ee from the manner of the former raysinge a Stocke for y' purpose but by reason hee is gone to be a while absent itt remayneth to be further expected. A^ wntinge from ^ writiugc beingc sent from m'' Crashaw intimatinge of one that will make Comodities in Virginia of good worth w''*' shalbe marchantable in all places of the world was referred to the said m"' Crashaw and m' Deputy to conferr w"' him. one desired to haue j^^ ^^^ allso made kuowue that therwas another who desyred to have V soleimportacnn t^ • • j? h of a Comoditie not the solc importacon of a Comoditie not now m vse for 7 years for w now in Vse. j^gg -^ri]} g^ye to the Company 100" p Annii and plant 25 men every yeare for the said 7 years, and att the expiracon of the said tearme will resigne itt vpp to the Company w"" beinge now considered of was referred to S' lohn Wolstenholme, S"' lohn Dauers D' Winston, m'' Gibbes and m'' Cranmer to treat farther w*" him. [124] JUNE ^3, 1620 371 S' Edwin Sandys farther moved that wheras itt is allredie agreed y' ^he Goaerm' of >- y® Gouerni* of the Companies pticularr Land is taken from S"' George to°hrcare^fCap"t: Yeardly not that hee held him vnfitt for the managinge therof hutt >'use. by reason of his many other buisinesses, vnto w"'' place they have deputed Captaine Nuse agreeinge to send 20 men w"" him presentlie for his owne benefitt, and 20 more herafter as they have formerly deputed m'' Thorpe w"" allowance of tenn men to gouerne the Colledge Land, And because the Secretary should not exact any thinge from the Inhabitants nor receave any fees himself e neither his Clerks (butt such as this Courte shall order) , itt was agi-eed allso that hee should have tenn men forthwith sent him.therfore moved that for the send- lomento be sent to V* S6cr6t&]*it^ 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, w"*" although theris some difficulties to send att this time of the yeare by reason of victualling the Ship, w"*" yett w"" 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, desyi-inge 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 w"'' being well aproved w'^out any opposicon being putt to the question was gener- ally allowed of. A note beinge read wherin the Magazine Adventurers desyred this -'^ Adicon to a Courte to appoynte a Comittee to ioyne w'" some they had allredie touching r >ia^a- made choyse of for eleeringe the Accompts betwixt them aboute the m\e .uc": George that the Maister and Owners therof may receave sattisfaction itt was very well approved and to that end have nominated m'' Deputie, m' Wrote, m' Cranmer, m' Briggs and m' 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 S^ Edw : Sandys. 372 RECORDS OF THE VIRGINIA COMPANY A former order of The Order of Coiirte beinge read wherin S' Tho : Wroth declared him- Tho: ^\'l-of""dis- selfe to be of a contrary opinion in the Cleering of Cap' Brewster was sented in opinion said by m"' Thfer, and m' Deputy to be vntruely sett downe to the said to be vntruiy ^^.pQj^gg ^f ^}jg Courte as many other orders had tornaerlie beene and sett downe ^ '' that itt was penned by another and not by the Secretarie for certify - inge of w""" itt was referred to S' Edward Saekvill and m' Deputy, and for that w'''' m'' Thfer hath duly done in rectefyinge the orders the Court hath now approved and given him thanks for the same. ^•'"'afir'Tyt- "^^^ Comittees appoynted by the Virginia Court and y"^ Sumer IlandC ginia & So: Hands Courte to Cousider of the best Course for the saf etie both of Virginia desired to meet ^ud the Summer IlandC are entreated to meete att S' Tho: Smiths uppo Twesday in the Afternoone att 3 of the Clocke. [125] The Comitt«es for iphe Comittee for the Orders pisented by m"' Berbloek are desyred to by m' Berbloek to Hieete att S'' Edwin Sandys vppon Satterday att 4 : of the Clocke. meet mony p" into m' jyjy Lq Caucndish uow paid to m"' Thfer for y' w""* was owinge by sub - scripcon 50" : m' Tho : Bond brought in 37" : 10' : lohn Zouch esqr 25" and m' lohn 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 Audito" were passed oner to sundry men : 34 sundry bills ai- gharcs by S' Thomas Gates, vizd to S' Phillip Cary 14 : to m' Fraunces u p se . (^j^g^ji^jjgj. 5 ; to m'' Henry Box : 3 : to m"^ Thomas Vyner : 2 : to m' Wil- liam, m'' Arthur, and m'' Thomas Swaine 3, to m' W" Swayne one, to TcH Anthony Biddolph one, to m"' Georg Clerk one to M' William Wat- son one, to M' Richard Greenway one, to m"' lohn Laurence one, to m"' Thomas Stubbins one. Likewise 4 shares to m"' lohn Halsey vizd to m' Richard Lambe one to m' lohn Lamb one, to m'' lohn Budge one, to m" Thomas Wetherell one Lastly one share to m'' Phillip lermyn esq' by Cap' Bargraue. 4 Dutch Carpen- M' Thfer acquaiutcd the Court y' the 4 Dutch Carpenters pcured by rs com ouer ^ DcputyC mcaus f or 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, 16m 373 26 lUNIJ 1620. At a Court then helde was right Hono™ : S' Edward Sackvill. S"' Edwin Sandys. S' Dudley Diggs. S'Nicho: Tnfton. S' lo: Dauers. S' Phillip Gary. S'H: Fleetwood. Present Earle of Southampton. Lord Sheffeild. m'' lohn Wroth. m' Gibbes. m"' Deputy. m'' George Sandys. D^ Winston. ni' Herbert. m"^ Wrote. m"^ Rob: Smith. m*^ Reignold^. m"' Berbloek. m'' Casewell. m^ Bull, m"' Swinhow. m' Cranmer. m'' Geo: Smith. m' Rob*' : w"' many others. M"' Thfer signified that accordinge to the order vppo his mocon in the \2: out of y i6: last Court for a Ship to be dispeeded vppon the occasion there exprest to'^eeai v- Ihln^T the generall Comittee hath mett, and resolved amongst themselvs that parteyandm'Dep- out of the 16: they would make choice of 12: w^" should vndertake "^'^J^ ^'^ '^" 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 ueedfull ; for w''"' end amongst themselvs they have made ehoyce of m^ Deputy to be their Treasuror [1 26] and reckninge the charge to be about 2000'' they desire the order of the Courte to save them harme- Warfnt for 2000" less as in like case hath beene given in like case to m' Thfer and m' '"^ ^ '*'"!^*^ "^"' °' Deputy, And moreouer for their better securitie moved that a warfnt ' 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 w'''' 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 w"*" they well liked of as fitt for that vse. The order referred The Order referred to S' Edward Sackvill and m' Deputie in the last viii and ''m' Dep' Courtc to be drawne was now presented by them w''*' beinge read to touching Cap' the Courte was allowed and by ereccon of hands agreed that itt should Brewster lyked \^2^^ possession of the former in the same place. Cap' ArgoiK re- Wheras Cap' Argoll complayneth that mf Tfer vppon the hearinge suppressed" '"^ ^^ ^^ cause betwixt Cap' Brewster and him did suppress divers writ- ings w'''^ might have stood him in great steed the Courte pceivinge no such thing & being sattisfied of the eontrarie will vppon all occa- sion iustifie that reporte to be false and malicious. Cap'ArgoiKcause ^j^(j forasmuch as the said Cap' complayneth of hard measure in fnCourt°e. ^ ^^^ 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 y^ Courte, and soe the whole cause to be tryed by them by w"'' meanes itt will sooner be ended, w""^ was done with the generall consent of all the Counsell then present who accordinglie dismissinge themselvs of the whoU cause had devoulved itt to the Courte to be there heard and ended. 2: or 3 Ldwesto be Added. M' Thfer signified that the Comittee for the standinge orders doth recomend vnto this Courte 2 : or 3 lawes w'^'' they thinke needfuil 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 y''§ generally tie w''" be these as followeth. standinge Lawes Vppou w"" itt was movcd by m' Robert Smith for the better accomo- printed. datiuge of every pticular member of this Societie that the standinge lawes might be printed w'^'' was generally well liked and approved, butt whether to be done presently or some time to be respited dependeth to be determyned. A Comittee. j^^ beinge made knowne that sundry of the Comittee by order from this Courte beinge to meet w'" a Comittee by order from the Sumer JVNE m, 16W 375 Hand 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 S' Nicholas Tufton, S' Walter Earle, and 8' Phillip Gary who promised to give their Assistance. [127] m' Thfer allso acquainted them that forasmuch as a Charter is in a charter for Es- piparing for m' Thorpe, m' Nuse, and m' Porey, w"'' is to be con- ^^^'^^^^^ '^'""° firmed in the next Courte if itt be approved, as allso the Charter last drawne w''" should have beene read in the last Quarter Courte in the afternoone allso w""" was not and that theris a Pattent for lohn lohn ZoucL Pat- Zouch esqr to be then ratefied, & likewise that since the Confirmation ^°'' of the Pattent for Southampton Hundred, some are gone outt and South: Hundred some llothersll to be iucerted in their places for w"" 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 w*"" the Court well approved and vppon request agreed that hence foreward a Duplicate of such Pattents as are graunted here should be sent to Duplicate Pat- Virginia w"" m' Thfer said shoi;ld all be sealed in open Coiu'te as all other things yett had been during his time. Next hee acquainted them of 2 things w"*" 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. The first contevneth a pceedinge of the Counsell vppon a Peticon Theproceedingeof ,.,.-. •. 1 /-i t . n nh 1- / • • ^ 3\ V Counsell touch- exhibited vnto them by Cap* Argoll w'" pceedmge (as is informed) i„ge c^p. Argoiic was drawne by S'' Nathaniell Rich, and a Coppie therof given to Cap- Peticon a raw-ne by taine Argoll by the Secretary, vnto w'^'' the said Captaine hath gotten ^' ^""^ ^"'^" divers of y* Counselk hands, wherin theris one poynt that the said Captaine Argoll may himselfe make choyce of any two of the CouuceU to examine his wittnesses w''*' is contrary to the desire of him in the next Courte as by the order therof may appeare, and besides w''' 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 ptuers, w"'' were a choyce not eonvenyent. 376 RECORDS OF TEE VTROTmA COMPANY M' caninge & M' 2 Att a meetinge att S' Thomas Smithy for the magazine w* they had coT°to*'°S' Tho: ^^^ powci* to doB (haveinge no leave from the Courte) a Peticon was Smith scandaiiz- delinked to S"' Thomas Smith by m' Caninge and m'' Essington layinge mge )■' present gj.g^^ aspcons and scandallC vppon the last years gouerment much praysinge y^ former Whervppon the said m'' Caninge and m' Essington was warned from the Counsell to attend, butt itt appeared neither of them was present. Att w"'' time as was now deliuered by some that were there present another thinge was there done aboute iustefyinge >i' Alder; lohnson j^r Alderman lohnson in many poyntC, amongst the rest one Article betwixt the Comp*: & y® Magazine w"" beinge referred to be deter- mined by my Lo: of Southampton, itt pleased his Lo^: to decide and end, since w'^'' time his Lo^: pleasinge to com vnto a Somer Hands Courte one Argum' did arise betwixt his Lo^: and m' Alderman, and amongst other things his Lo^ : affirmed that vppon request of the said 80 & odd pounds t^ Alderman hee was content to strike off 80 and odd pounds of profitt lohnso^n by my W" was due to the Company, and the rather his Lo^ : was drawne Lo: of Southamp- yuto itt, as wishiuge peace and quiettness, butt m"' Alderman deny- *°°' inge the same did say that there was not a word true, vppon w"" his Lo'': pduced a writinge signed by the Audito" to avouch the same, and that such a some ther was cutt of w"*" was allso now iustefied by divers others of the Courte. [128] P^Nath:Richtobe ff^j. ^]^g g^j.g^ poyut bccausc itt coucerneth S' Nathaniell Rich it was ter Courto! thought good hcc should be warned to the Quarter Courte 8' Dudley Digs ap- The Second poynt after a full examinacon was agreed to be disavowed wThlnge C' to\e ^^ ^^ Actc of Courtc to w*"" purposc they entreated S' Dudley Diggs presented to Sec- to drawe a wTitinge accordinge to his writinge understandinge w''*' reta; Naunton. beinge approved by the Courte the CouncellC Scale might be affixed and deliuered to m'' Secretary Naunton to present to the gracious veiwe of his Ma''' : Whervppon S' Dudley Diggs vndertooke the Taske and dictated in this manner followinge Ivne26: 1620 The tenor of y' j^^ appeareth att this Preparatiue Courte that a pryvate meetinge of Dig^s made "' ^'^ some geut^ and MarchantC att S' Thomas SmithC house in his bed JUNE 26, mw Zn Chamber vppon ffryday the 16"" day of Ivne 1620, wher ther was no sufficient authoritie, one m"' Caninge delivered a Peticon to S' Thomas Smith eonteyninge y* applaviding of his former gouerment and much scandalinge the pceedinge of y" present the pretended end of this Peticon beinge onely to obteyne y" dissolucon of an iniunction in a pryvate sute graunted Cap* Bargraue against S' Thomas Smith, m' Alderman lohnson, and himself e w"" others: w"'' last poynte was onely debated the other two not touched as divers present now testifie, who were there and disliked itt, and pi'otest itt never went by hands nor generall consent: 'W^ occasions this Courte to thinke that, that pryvate buisines of Cap* 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, w'''' malicious kinde of pceedinge to advance craftylie or impayre falslie mens reputa<5ons this Courte doth vtterlie condemne and thinke fitt to be censured in the next Quarter Courte for w''*' 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 ensuiuge S' lohn Dauers. m"' Swinhowe. m"' Robert Smith. m'' George Smith. m' Berblocke. m' Bull, m' Case well. m' Robert?. Sealled by order of Courte and recomended to m"^ Secretary Naunton to be humbly plsented by him to y* most gracious veiwe of his Ma"^ [13^] W*^ beinge twice read to the Courte was exceedinge well liked agi'ee- inge that itt be delivered as is formerlie sett downe, and beinge putt to the question was ratefied by ereccou of hands. 378 RECORDS OF THE VIRGINIA COMPANY m'Dauid Bennett M' Dauid Beiinet for the love of m' Nuse hath brought in 37": 10': 00** whervppon hee was admitted into the S disposed aecordinge to the former order. en ranc ise whervppon hee was admitted into the Societie agreed that itt shalbe Ea: of southamp- The Right Honorable the Lord of Southampton who sent Tenn men as to allowed 50: ° i ,h , t t ii t i- i. j o Acres a peece for uow appeared w the Lo : Lawarr was allowed aecordinge to order (x, 10 men w'^ he sur- c^stomc 50 Acres a peec w*"" 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. 1 Share to m' M' Harper assigned one share to m' Whetcombe, and wheras S' Fraun- 1 torn' w° Pollard cis Parrington hath formerly assigned 2 shares one to W°: Pollard 1 to Henry Hick- and theother to Henry Hickford w'''' the Courte allowed of, Now the !u to''io°Martn''^ said Henry hath resigned his share vnto lohn Martin Marchanttaylor. 38 IVNIJ 1630. A Generall Quarter Courte held in the ffoRENOONE AT m" Ferrars house THE xxvnj™ OF IVNE 1620 Present y" Right Honors The Lord Pagett. S' Edwin Sandys Thefr. S' lohn Dauers. m' Wroth, m' Gibbes. m' Palauacine. m' lohn Ferrar Dep'''. m"^ Tomlyn^. m' ReignoldC. m' lohn Smith. Captaine Nuse. m^Ro": Smith. m' Nich : Ferrar. JUNE 28, 1620 m' Oxenbrige. Cap' Brewster, m' Caswell, m' RobertC. m' Bromfeild. m' Berblock. m^ Bull, m"' Swinhowe. m' Wrote. m' Palmer. m"^ Newporte. m'' Cuffe with others. 379 m' Essington. m' Briggs. m' Mellinge. A Charter pty beinge read for establishinge of Deputies for y® Colledge ^ ""harter party, and this Comp'' : & for y° Secretaries place was well liked and agreed to be ingrossed. Addicon of Counsello" m' Thf er 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 hand^ w'''' 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, S' Edward Sackuill, m'Sam : Wrote, m' Tho : Keight- ley [130] m' Tho: Sheppard, m' Robert Smith, m'D': Winstoue, and m'D': Gulstone, w"'' was referred as all other things now agreed of to the Confirmacon of the afternoone. Vppon notice from S' George Yeardley y' the Councello" in Virginia •'^oppjy "f ..*^^."°" must needs be supplyed, the Court hath now chosen m'' Thorpe, m'' irpnm 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 w"' 120 : Per- ^""« ^'""* « ^■»'- sons and that a warfnt should be made to the Officer of the Lottery oooo""^ ^*'^" forpaym' of 2000": to the Comittee for their better securitie for w'^'' they are to accompt for the warrant beinge now putt to the Question was ratefied. 380 RECORDS OF THE VIRGINIA COMPANY Magazine Tobacco ^^j wheras allso S** a pound f Or the fraught of the Magazine Tobacco att uj" u" fraug t. ^^^ offered to m' Wiseman if hee would touch att Virginia and take itt in ni' Thfer offered that for bearinge pt of the charge of this Ship if the Adventurers thought good they would vndertake itt att that price, w'''' the Adventui-ers plsent assented vnto beinge putt to the question. 6 Shares giuen to The Courtc was enformcd of m"' lames Bagg of Plymouth who hath m' lames agg (jiygj-g tlmes taken great paines for the Company and layd out much monney as appeareth by his Accompts well approved by the Audito" and may herafter allso pleasure them in divers kindes and therfore to gratefie him hee male have some land given him ; Whervppon itt was agreed to be putt to the question whether hee should have fower shares or five w* by ereccon of hands was ordered to be five. Touchinge the ^ Peticou exhibited by m'' "Wrote and m'' Berblock concerninge the Wye. *^*'°^ ^ Companies suite against m'' Wye being read was allowed agreeinge itt should be sealled by the CounselK Seale and signed by the Secretary. mistake of a clause -yyiieras three standiugc lawes were the last Courte presented to be ingrordVrl.'*'"'*' ^ead accordinge to order from the Comittee and Counsell, M^ Thfer 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. standinge Orders j^^, was agreed vppon the mocon of the last Courte that the standinge printe^ ^"" '"Orders shall presentlie be putt in printe and annexed to a booke newlie come out by order from the Counsell, w"*" booke shalbe given to everie one of the Courte this afternoone.' Southampton Pat- ^r ^hf er 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] ' This is the book cited on page 286. JUNE 28, 1620 381 Hee morouer reported that S' Ferdinando Weynman adventuringe ■'^'f*^'''''=^«°^° 100": w'" the Lord Lawarr (besides the adventure of his psou) who lowed ^pon Atx-- dyed there and leavinge one only Childe behinde him a daughter; to his daughter a hee had receaved a Ire: from the Ladie Lawarr that shee was content ■* ^^^'■*=^ gmen vnto ner. to deduct itt from her La^' : accompts that itt might be assigned vnto her, w"*" the Courte well allowed referringe the rest vnto the Audi- to" : And have further agreed to allow vnto her for the adventure of his pson beinge a man of that worth 4 shares w*^"" was confirmed by ereccon of hands. Frauncis Carter assigned 2 shares to m' Tobye Palavicine w'''' was 2 shares to m' allowed by the Audito" and confirmed by the Courte. '^°^^' P^'«"i='"«- lohn Gray vppon the like approbacon assigned two shares to m' - "h"^*' ^"^ '"' Richard Bay nam of London Goldsmith. ^^ ™' A peticon was exhibited by the Executo" of m"' Christopher Lawne Executo" .. f to have the fraught given them of such goods as are now returned loJ^^for ^°pL- 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 gi-eat 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 w'"'' they esteeme to be xij" and to discount the passage of her Childe w"*" is alleaged the Cape Marchant was payd for, Nottw""- standinge that itt dyed before itt was shipt. Certaine Articles beinge preferred by the Societie of MartinC Hun- Martin? Hundred. dred being read pt of them were allowed of and the rest aunswered. M"^ lohn Zouch his Pattent for a pticularr Plantacon was now read ^'' 1"^ z°""-'i his and approved. Patent 382 RECORDS OF THE VIRGINIA COMPANY 28^= lUlVIJ 1620 A GREAT AND GENERALL QuARTER COURTE HELDE IN THE AFTERNOONE AT M^ FeRRAR? HOUSE. 28"'IuNiJl620: Present y" Right Honorable Earle of Southampton. Lord Cauendish. Earle of Dorsett. Lord Sheffeild. Earle of Warwicke. Lord Pagett. Earle of Deuonsheire. S' Edward Sackuill. S' Nicho: Tufton. S' Nath: Rich. S^ Edwin SandysThfer. S' Thomas Roe. S^ Phillip Gary. S'Tho: Smith. S' Ferdinando Gorges. S' Tho: Weynman. S^ Dudley Diggs. S^ lohn Dauers. S' Walter Earle. S' Antho: Aucher. S' ly^hn Wolstenholme. w"" diuers others. [132] M' Thefr 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 Ratyficacon of them was referred vnto this great assembly. Great charterCon- girst the great Charter read in the last Quarter Courte was now againe '^™^' read and by ereccon of hands confirmed and ordered to be sealed. Char': for^in' Then the Charter for m' Thorpe, m' Nuse, the Deputies of the Col- ledge and Company and for the Secretary and allowed that the Seale should be affixed. firmed^ °° ledge and Company and for the Secretary was read and confirmed JUNE %8, 1620 383 M' Thfer propounded the names of such as by the morninge Courte * °«^' Counaeiio™ were chosen of his Ma"^° Counsell here for Virginia, namely the Lord \l^^^ 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 erreccon of hands confirmed. Then was there further chosen to be of his Ma""' : Counsell for Virginia '"^'"'e "f Doreett, the Earle of Dorsett then present The Earle of Huntington, and m' ton&D' Anthom' Doctor Anthony . chosen to be of his Ma"'" Counsell. And vppon the reporte of m"' Thfer of the many and great favours Thankc ordered to that the Earle of Huntington and Bath had this year done this Com- J^i„nti^Bton'^& pany in the procuringe of many fitt and vsefull psons sent to Virginia Bath. Itt was ordered that the Courts especially thanks should be signified to them by letters. Likewise the Councello" of Estate in Virginia propounded in the " new Counceiio- forenoone were againe by erreccon of hands confirmed, namely m'' °! ^^^'^ '° ""' Thorpe, m' Nuce, m^ Tracy, m' Pountus, m' Middleton, m' Bluett and to them was now added m' Horwood the cheife of Martini Hun- dred. The matters concerninge the Ship and Voyadge now pisentlie intended t o u r ii i n g e y were in the same manner as in the morninge ppounded and all ratefied '^^' and confirmed by erreccon of hands. The five shares graunted by the Courte in the forenoone to m' lames 5 shares to m' Bagg Junior were againe putt to the hands and confirmed w"' many ^^ ^*^ great thanks. [133] The Peticons exhibited by m' Wrote and m' Berblock beinge read and "^^^ . Pp''™" ^y approved in the forenoone was now confirmed. The printinge of the standinge Orders and anexinge them to the booke Pnntiuge of y formerly ordered to be sett out beinge propounded in the Preparative "•""'''"p^ 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. "phe allowance of Land graunted to S' Frauncis Weynmane was againe by ereccon of hands confirmed. m' Zoueh Pattent The Test 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. Cap' Argoiie buisi- The Counscll findinge Cap* Argolls buisines iutollerable trouble some Courte^ \ja iud\ ^^"^ vuderstandinge themselues to be vnduely stayed ||taxed|| refused and decyde. to pcced any further therin butt to leave itt to the decydinge and iudginge of the Courte w*^^ was by the generally tie accepted and ratifyed. S'Nath:Rich?mn- This douc m'' Thfer the second time surrendered his place, att w"*" coil put of till a . rir -kT ji • 11 ■>->• 1 «• • fitter tyme. time S Nathaniell Kich ofteringe to move concerninge some aspercons laid vppou 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. Earie of South- The Earle of Southampton acquainted this Courte that himself e w*" h^^^p'°ent[nrthe?r ^^16 rcst of the Lords and gentlemen requested thervnto by the last desire to his Ma": Quarter Courtc had presented their humble desires vnto his Ma*'^ for forthefreeeieccon ^j^^ ^^^^ elcccou of their Treasurer whervnto his Ma"^ had most gra- of their Threr. ■ i i i i " tiously condiscented signyf yinge vnto them that it would be pleasmge 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 Ma"'': intend- receavcd his message imeadiately from his owne royall mouth to exclud Comp': fronftheir them from the libertie of choosinge any butt the fower nominated freeeieccon b«#fewhome his Ma*': intent was indeed to recoihend butt not so as to barr the Comp*: from the choyse of any other. The Comp': Whervppon the wholl Courte rendred to his Ma"': all humble thankC tohisMa'^bywrit- and Ordered that by writinge itt should be signified vnto his Ma"^ : [ 1 34] inge Earle of South- Then m'' Herbert delivered vnto the Company that wheras by some nTted'"ind"cho"e'n distractious and discentions in the Company the buisines much suf- Therr fercd in the reputacon and otherwise, they should now thinke vppon some Person of such worth and authoritie as might give full remedie JUNE £8, 1620 385 thervnto ; w"*" since itt could not be pformed by the late Tf er a man of that greate habillitie and sufBciencie 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 plsent to vouchsaffe to accept of the place, who by adicon of Nobillitie might effect that w"*" others by meere habillytie could not doe. W^ mocon beinge exceedinglie approved the whole Courte imeadi- ately w'*" much ioy and applause nominated the Earle of Southampton w**" much ernestnes beseechinge his Lo'' : that for the redeeminge of this Noble Plantacon and Company from the mines that seemed to hange ouer itt hee would vouchsaffe to accept of the place of Thfer. W"* itt pleased him after some finale pause in fine to doe in very noble manner out of the worthie love and affeccon that hee bare to the Plantacon And the Courte in testimoniall of their bounden than kf nil - nes and of the great honoure and respect they ought him, did resolve to surcease the ballatinge box and w^'out nominacon of any other by ereccon of hands his Lo^: was chosen Tfer and tooke his Oath. W'^'' done his Lo^ : desyred the Comp* : that they would all putt on the same myndes w"" w'''' hee hadd accepted that place. And the Courte further declared themselvs that itt was not their a nisepenaacon 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 M'Io: Ferrarcho and m'' Cranmer who beinge putt to the Ballatinge Box m'' Ferrar was ^" ^p^^r- chosen by pluralitie of Balles: who tooke his 0th. ffor Audito" were Chosen S' Edwin Sandys, S' lohn Dauers, m'' :^°di*«res^ Edwin Wroth all three of the quorum. And S' Edwin Sandys, who said that paae're m'" wroth though hee had been head hee would be contented to be the foote for nv Ferrar m' y^benefitt of y« Plantacon was allowed to follow itt att large as his ^^'^^'^^^'^^ ""' . . . "^ Bnpvre ni' Cnvn- owne buisines gave him leave The other 4 : were m' Ferrar, m"' mer 386 RECORDS OF TEE YIRGINTA COMPANY m' Abbott, m' Keigiitley, m' Briggs and M'' Wroth And m' Abbott, m' Hamford, ay AiKmora^for s' ^'^^^^ 1^' Abdj, whom S' Thomas Smith the former yeare desyred to be Tho: Smith. admitted as Advcnturci'a Audito" on his pte were continued againe takinge their Othes as the rest. [135] The Comittee y' were chosen are theise. vizd generaii Comittee m' Cranmcr. m' Bernard. m' Bland. m' Berbiock. m"' Boothbie. m"' Wiseman, m"' Bull. m"' Nicho : Ferrar. m' Chambers, m"" George Smith. m' lones. m' Wheatley. m' Caswell. m' Clarke. m' Darnelly, m"^ Mellinge. m'Coiiingwood jyjr ffothcrby the Secretary offered to give vpp his place in the due pformance wherof the Company pceivinge him to have been some- waj'' faulty hee was discharged and m"' CoUingwood recommended by my Lord of Warwick and S' lohn 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 M'' ffotherbie for his wages to bestow vppon him 10". Husband &. Bea- M'' Webb was chosen Husband and m"^ Carter Beadle. die. S' Ed: sandis ai- gr Edwiu Saudys dcsyrcd his quietus est, his Accompt haveinge ^r'and 'to^hluea accordiuge to ordcr of Courte lien since the last Quarter Courte vppon testimonial! of ) ' the Table and no excepcons taken thervnto : w"'' the Courte not onely Companies thank- assented vuto butt further allso declared themselvs that itt should be fullnes and a ppor- _ con of Land. referred to a select Comittee to give him a due testimoniall vnder y* Companies Scale of his worthie service this last yeare performed as likewise by some proporcon of Land to testifie their greate thankf ull - nes vnto him. 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 Itt was likewise thought fitt in regard of the extraordinaiy paines of ComHux to haue the Comittees the last year that the Company should shew their ^_|JJ^^ P''"f'^''"'° ° thankfullnes vnto them in the like kinde in bestowinge some portions of Land vppon them. S' Thomas Smith in this iae* Courte acquainted them w"' a mistak- S'Xho: Smith pre- inge that a Peticon exhibited vnto him by m' Canninge should be sent Petieon"" ^ to y^ King w"*" hee now pduced and offered to shew vnto the Courte. A Courte held in the afternoone att m^ SerrarC house 7 luLiJ 1620 ther beinge Present the Right Honorable Earle of Southampton Thfer. Lord Cauendish. Lord Pagett. S^ Edward Sackvill kn'. S' Edwin Sandys k'. S"^ Thomas Roe kn\ S' lohn Dauers kn\ S' lohn Bourchein k*. S^ Phillipp Cary kn'. S^ Thomas Wroth kn'. m"' Thomas Gibbes. m"' Toby Palavicine. m' Brooke. m' Earle. m"^ Herbert. m' Doeter Gulstone. m' Oxenbridge. m' Deputy Ferrar m'' Dauid Bennet. m' ReignoldC. m'' TomlynC. m' Keightley. m' Hauforde. m^ Stiles. m' Bull, m' Scott, m' Abdy, m' Cranmer, m' Shepheard, m' Rugek, 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 w**" divers others. S' Edwin Sandys signified vnto this Courte that hee had a Proiect of *'' Edwin Sandys speciall importance w"^" hee much desyred before the Acts of y' former fe^iuem^'nng^oi Courtes were read to imparte vnto them, for that itt maynely con- y affaires inVir- eerned the better meuaginge of their affaires in Virginia, and good ^'°'* advancement of the Plantacon there. 388 RECORDS OF THE VIRGINIA COMPANY Whervppou the Courte grauntinge him leave to proceed hee delmered the matter in writiuge, w'''' writinge he first read intirely himself e to the Courte and after itt was apoynted to be read by the Secretary by parcelR and each parte was weighed and considered of by the Courte, and beinge approved there were severall Comittees appoynted to the seuerall parts, w'^'' writinge w"* the Comittees beinge generally rati- fied by the Courte doth here ensue. [137] Proposicons considerable for y° better menaginge of the buisines of the Company and aduanceinge of y" Plantacon of Virginia in this yeare 1620 "^"'''® The late distraccons of the Company by partiallities and faccons are first to be removed and that by takinge away the causes of them which are two: 1: matte" of Accompts. 2: and questyoninge of Captaine ArgollC gouerment ffirst therfore lett S"" Thomas Smithy Accompts be divided into fower partes vizd: 1: Receipts by monneys Adventured, 2: Receipts by Lotteries, w"* paym' allso of the Prizes and other charges to them incident, 3 Receipts by sale of goods returned from Virginia, by fines allso, by Collections, and other mennes whatsoever, 4 : and lastly his Disbursments, lett the Audito" 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 dowue, 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 pfeccou For r receipts by Aduenturers j| Ed^^^s^^^'lys. For y* Receipts by Lotteries w"" paym' m' lohn Wroth, of the Prizes and other Charge [m"^ Henry Brigs. For y° Receipts by Good< from Vir-|m' lohn Ferrar Deputy, ginia with fines and Colleccons C . . . |m' William Cranmer. Til ii, T-w- a i« \'>^' Thomas Keightley. For the DisbursmentC , ttt-h- /-( m William Cranmer. JULY 7, 1620 389 ffor other Accomptants who refuse or forbeare to be ordered by the Audito" 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^Comi/: [138] Touchinge the buisines concerninge Captaine Argoll w'*" divideth itt Cap' ArgoiK bui.i- selfe into three partes. 1 Matter of State, 2 Depradacon of the Pub- "''''• lique w'" other wrongs done to the Company. 3 oppression of the Collony w'" wrongs to ptieuler 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. fS' lohn Dauers. For the matters of State jm" Samuell Wrote. Im'' Edward Herbei't. m' Herbert, m'' Keightley. m"' Wrote. fS' Edwin Sandys. For oppression of y* Collony C jm"^ lohn Ferrar. Im' lames Berblock. The next principall matter is the reputacon and Justice of y^ Company Reputacon. in payinge there old Debts wherof there may be neer two thousand pound yett remayninge, I wish y' 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 Audito" w"" assistance of all other Officers make a true examinacon & Colleccon of those DebtC 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- Mouny loweth to pceed in the advanceinge of the Plantacon. The foundacon wherof is the gettinge of monnyC beinge the Synews and moving Instrum" in these greate Actions. For Depradation of y* Publique . 390 RECORDS OF THE VIRGINIA COMPANY ffowei" wayes ther are of gettingeinmouneys, The first & most certaine is by the Lotteries w'^'" must be continued till the end of this yeare, if there may be found iDlaces 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 Solicitiuge the parties, To w''^ end I wish that a Colleccon be made of all those Debts remayninge to be divided after- ward into three parts accordinge to the seuerall qually ties of the psonns indebted; Theffirste Noblemen, The second Knights 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 Jres to be prepared by these Solicito" and signed as heretofore by all the Audito" wherin allso this discrecon is to be observed to begin w"" the best Debts first and so to the other. S' Edward Sackvill. S' lohn Dauers. S^ Rob' Killigrew. S^ Thomas Roe m"^ Brooke. S' Henry Rainsforde. m'' Gibbes m' Berblocke. m"^ Wrote. S' lohn Wolstenholme. m"^ lohn Ferrar Dep*. m' Richard Caswell, m'' Daniell Darnelly. For y* Lord^ For y* KnightC & Gentlemen For Marchants & Cittizens. 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, 1680 391 The fowerth kinde is the remayne of the monneys by Colleceons thei-e 4 beinge yett nine Bishopps from whome nothinge hath come in. There must be some therfore appoynted for the soliciting of their Lo"'. For y*" Solicitinge of y^ Lord Bishopps . S' Edward Sackvill. S^ Dudley Diggs. m' 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 Tennt^ 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 lames Cittie there are all redie 100 : 100 TenntC to such officers C. 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 TeiintC. 100 Servants to be dispsed amongst the Old Planters w"" they exceedinglie desire and will pay the Company their charges w"" verie greate thanks. These people are to be procured as they have formerly beeue ptlie by a printed publieacon of the supplies intended together w'" y* Con - dicons offered to these publique TennantC, 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 YIROINIA COMPANY vidiug being dispatched w'" 120 Personns the rest may follow after in the very begininge of the Springe/ Cattle Touehinge Cattle C" these are requisite to be sent 100 Kine for this Addicon of 500 TenantC. 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 GoatC 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 y^ Kine GoatC and Mares . For y® Asses m"^ lames Bagg. m' Richard Wiseman. m' lohn Blande. m'' Abraham Chamberlyn. m'' George Chambers, m' lames Bagg. Prouisions necessarie for y^ settinge Vpp of y^ Staple Comodities are these. Comodities. ffor Silkc 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 Wallnut^ 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, jrnge 141, ante. JULY 7, 16W 393 ffor Hemp and Flax, Sope Ashes, and Pottashes Pittch and Tarr to pceed in the treaty w'*" 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 Comp" : and a fourth from the Southampton Hundred. Secondlie by generall peticon vnto his Ma'"'' : to preserve the ffishinge att Cape Codd free & indifferent to both the Collonies as was intended in y^ 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 ff'raunee and by all meanes to sett forward the makinge of itt in aboundance beinge a very gi'eat help to encrease the Plantacon. ffor Iron theris sufficient done allredie. [142] And for Sawinge Milk besides those allredie gone this Springe there Sawinge miik. 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- -^^'" "'nghtc full Millwrights be provided and sent to sett vpp Corne watermillC in the seuerall parts of the Collony. 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 aiS'trattiquI*™'^^ Company and their Tenants 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 PlantCj m' Abr: Chamberlin. and Vines | m' Rich : Wiseman. For Salte men I ^^^' Arthur Bromfeild. m' Abra: Chamberlyn. 394 RECORDS OF THE VIRGINIA COMPANY Gouerment The last matter butt of great diffieultie and cheife importance is the establishiuge of good gouerment in the Collonj^ for Religion, lus- tiee and Strength together w"' then- effects, Peace, Plenty and Prosperitie. This parte requireth the serious consultacon of the Counsell & the gi-eat labour of learned and iuditious Comittees that being reduced into a bodie of Lawes and Magestracie itt may be first plsented to his Ma""": vewe and beinge there approved may receave confirmacon allso of a Quarter Courte, and lastly the assent and ratificacon 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 w'''' pt to be coihitted to fower learned gentlemen pro- fessors of the Lawe. [143] Constitucon for y« The Secoud to be a like colleccon of Orders and constitucons alh'edie genera ouerm . .^ beinge w'^" are prop and peculier to this Collony. Wherin first to gather those that are to be found in his Maties Teres Pattent^ and Instruccons. Secondlie those that are conteyned aswell in the Booke of the orders for the Company as allso in the seuerall Charters, Com- issions, and Instruccons, sent to Virginia. Lastly such orders as themselvs there have made in their generall Assemblies All w"" beinge likewise desgested into order and conferred and interlaced w*^ the laws of this Realme itt will be rcdic 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 reformacou or a supply to be made agreeable to y* 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 Groverm*. Perticuiar Gouer- ^ Thirde parte remayneth of the pticularr Gouerm' by way of Incor- poracon for every Cittie and Burrough w'"'' I wish may be for all of one and the same modell vniformitie beinge not onely a nourisher 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 Corporacon of tliis and other Citties of this Realme to frame out of them a forme moste fitt for y' people. These pticuler Comittees haveinge brought their laboures to an end Connseii to penwe they are then to meete and out of these pts to make an wholl entire ^ '" *^' ^"■^• bodie of Lawes and Magistracie for that Gouerm'. to be pi-esented by them to the Counsell and being ther reformed or allowed to pass on to the gracious veiwe of his Ma*'^ : And here I wilbe bould to putt the Couucell in mynde of one princi- ^^^^ ^ hoW >•• pall parte of their dutie and Oath to have care by wise and poUitique ence'to his Ma-^ ' constitucons to hold the CoUony in assurednes of firme and ppetuall loyalltie to his Ma*'", and this Crowne, w*^*" 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 ReUgion direccon 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 ffortificacon I referr to y" treatie Fortification, w"" m' Englebert. The Millitarie discipline requires a Comittee by itt selfe of men most Miintary Hisoi- 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 Matie : For y* Lawes of England f S^ Thomas Roe. m''Christo: Brooke, m'' ' Seldon . m' Edw: Herbert. m"^ Phillip lermyn. Blank ppace iu the manuscript. / 396 RECORDS OF THE YIROINIA COMPANY For y* Orders for Virginia For y" Perticular Corpora . For Millitary Discipline S' Edwin Sandys. S"^ lohn Dauers. m' lohn Wroth, m' Sam: Wrote. m' Rob" Heath Recorder, m^ Rob" Smith, m'' Nicho : Ferrar. m' William Cranmer. m' George Chambers. S'Edw: Sackvill. S' Dudley Diggs. Cap': Bingham. Cap* Lawrence Maisterson. Cap' lohn Bargraue. [145] The charges of this Proiect are estimated thus. 500" Tenants att 16" : the personn 300' Maides, Boyes and Servants 200- Kine att 10" the head 400- Goates att 3" 10^ the Goate 020- Mares att 15" a peec 080- Asses att 7" 10' a peec A Pinnace Settinge vp the fishinge of m' Pountus Procuringe of Vigneroones, Saltmen, for Siikwormes, for Flax, for Hempe, Pottashes, and Sopeashes w"" plantes & all Materially Discharging y^ olde DebtC yet remayninge of S"' Thomas Smithy time 8000" 2000" 2000" 1400" 0300" 0600" 0250" 0250" 1000" 2000" TotalliC 17800" JULY 7, 1620 397 Meanes of raysinge this sum, as may be reasonably estimated. By Lottaries 8000" By DebtC vppon subscripcon one third parte HBOO" By ColleetionC for y' Colledge 0700" By Debt^ Vppon AccomptC and Reckoning^ 4000" 18000" Memorandum that in the Auditinge of S' Thomas Smiths Accomp'" diffic-uities or er- itt was Offered by the Audito" that such Difficulties and errors as Z'"^. J " ^' ^'^j ■' Smiths Accompt? should occurr, they would from time to time impart to the Audito" are to be imparted chosen by S' Thomas Smith and if by their help y" points might be ^" >" Andito" 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 gattiafaccon ||direction||. [146] In handlinge of these buisinesses S' Thomas Wroth verie S'ThoiWrothex- vnseasonablie (as was thought by the Courte) interposed some mat- cep<;"°« ag^mst >- . o ^ / r- pening of V Order ters of question aboute y" settmge downe of this proceedings in dis- by S' Edwani centinge from the whole Courte aboute the acquitinge of Captaine i^aci^^i" ^' Brewster w'"' was iustified by S' Edward Sackvill now trulie sett downe haveinge beene form^ly mispenned by S' Thomas Wroth and the former Secretarie. In fine y' Court delinked their opinion that S'' Edward Sackuill and m' Deputie had sett itt downe verie truly and that S'' Thomas Wroth was in the wronge & deserved blame. A Ire was presented to the Courte from the La : De Laware signifiing a tre from y La: that Cap*^ Argoll had wrongfully taken away certaine of her goods Lawaragamstcap^ from her late Husbands servants in Virginia for w"*" hee hath as her?eruantfgood'<. yett given noAccompt; whervppon the Courte thought fitt to con- sider therof and to warne the said Cap' Argoll to the Court vppon Wednesday next. S' lohn Dauers, and S' Thomas Roe are appoyuted Comittees to f"'"'"^^'""'^™'^- drawe a generall Ire to his Ma"^ : to preserve the ffishinge at Cape Codd "'"hY„^"jr ^^. free and indifferent to both the Collonies as was intended in the first oemini a free lish- Pattent and beinge drawne to present the same att the next Courte J^T "*' ^""^^ vppon Wednesday. 398 RECORDS OF THE VIRGINIA COMPANY Cofiiitteefordraw- j^^ ^.^g likewise then desyred that itt would please my Lord: Cauen- h"isMa''^ 'concern'^- ^^^^^^ ^ ^' lohii Dauers to di'aw ail other generall Peticon vnto his inp y' Prociama- Ma*'" coucemiiige the late Proclamation against the generall & vnlym- ''°" ^'- ited importacon of Tobacco C w''"' the Courte conceaved would tend to the vtter onerthrow and destruccon of both Plantations.' warfnt to take in ^ mocoii was made by peticon that the Comp* : would please to t'a'ine°Peeces'^"f gi'^unt vnto the peticoiiers now bound for Virginia that they may have ordinance. a Warrant to take in provision and certaine peeces of Ordinance fitt 2 Comission? for ^nd nccessary for a Plantacon as likewise two Comissions for the '^^* Maisters and Owners of the Ships such as in like case is vsually gi'aunted by the Company, w"*" was generally condiscended vnto w* order that the Seale should be thervnto affixed. [147] SomerscaieB Pat- 'j'j^g Coui'tc was pleased vppoii rcqucst to appoynt these Comittees for drawinge of M' Somerscales Pattent vizd. S'' lohn Dauers. M' Herbert M' Deputy Ferrar, M' Gibbes. Patent for S' Tho: ^ niocon was made likewise for a Pattent to be graunted to S' Thomas Weynmau and his Associates to plant in Virginia. Pattent for S' W": gr JqJ^j-^ Dauers movcd 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 fiiide out in Virginia not being yett discouered planted or found outt by any 6. of y' Pattentees other for w'''' they offerred to pay one Hundred pounds p Annu and Company. to plaute twcuty fivc men every year duringe y" 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. 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 kiiowne ' The petition and the Order in Council allowing a pole 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, anU. JULY 12, 1620 399 vnto y^ 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 Peticonc refeird. Ferrar to be consydered of by the Comittees. [148] 12 lULlJ 1620 Att a generall Courte helde in the afternoone FOR Virginia the 12^" Iulij 1620 Present the Right Hono*^ : Earle of Southampton Tfer. S' Thomas Roe. Lord Cauendish. S' Edwin Sandys. Lord Sheffeilde. S' lohn Dauers. Lord Haughton. s^ Robert Killigrew. S' Edward Sackvill. S' Phillip Carey. Docter MeddowC m' Challoner. m' Widdowes. Thomas Gibbes. m' Wrothsbie. m^ Couell. X°: Brooke esqre. m"' Ayscough. m' Berbloc'k. m"' lo: Ferrar Dep'^'. m'' Cart Wright. m' Wiseman. m'' Samuell Wrote. m"^ Nicho : Ferrar. m"^ Boothby. D'' Anthony. m' Whitley. m' Cranmer. Peter Humble. m' Poxton. m' TomkinC. W" Oxenbridge. m' Pett. m' Edwards. Captaine Argoll. m' Bull. m' Grardner. m' Abbott. m'' Chambers. m^ Woodall. m"^ Hanforde. m*^ Palmer. m'' Benson. m'' Caswell. m' Mellinge. m' Swinhowe. m^ Cuffe. m'' Arundell w"' divers others 16455— vol, 1—06 -26 400 RECORDS OF THE VIRGINIA COMPANY My Lo: of South- gr Edwin Sandjs signified vnto the Courte that hee had received amp on. notice that my Lord of Southampton was vppon some speciall occa- sion w"" the Lords of the Councell and could not be present heere till Peticon? 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 ett their answer. read, Thomas Seisby to Yppon the humblc Pcticon of lohn' Selsby that her husband Thomas [anY°^ ^^ "^ ^^^^ i^ Virginia might returne w"' the firstpassage for England, who went oner w'** 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. m' Peirce his peti. Touchiuge m' Pcirce his peticon for two hundred pound of y^ Com- Audit'o"'^'^ ° ^ panie formerly ordered to be paide to m' Rolfe to his vse as by the bill of [149] Exchange vnder the Cape MarchantC hand may appeare w"*" monny is not yett paid as hee affirmeth, The Courte therfore hath referred the further examinacon of his said peticon vnto the Audito" who are to certifie the truth therof vnto the Courte. Luke Burden to Yppon the rcqucst of Captaine Warde for the returne of Luke Burden com or ng an .^^^^ England uow dctcyncd 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 S' 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) w'^ w"" Cap' Warde stood himselfe charged and was by fauore acquited. Planter? to take ^ mocou was made w'"'' was generally agreed vnto that those that go giance oucr 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 direccon to administer the same and to returne their names to be entred here in a Register Booke for that purpose to be kept. ' This word was originally written John, and an a ie written over the o. JULY 1'2, 1620 401 M'' Ayskough acquainted the Courte that hee had himself e paid into S' ""' 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 y* said some for w"" hee now craved allowance, whervppon the Court ordered that itt should be referrd to the examinacon of the Audito" to certefie therof . Thomas Kiddar of London Sheremaker in his peticon desyred that '^^"/_ ^id'iar his his Sonne Thomas might returne for England (beinge the Apj^rentice ^., comitteeJ^ of one lenkinson of London Haberdasher for vij years as by his Inden - ture enrolled mayappearevntowhome 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: Smaie to ad- would please to take into their hands the dividend allotted vnto her c^^a^^oT'^^ '^ Husband in Virginia in consideracon 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 beer 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 liadd ^ho: waie Mercer engaged himself e to pay butt 25" Adventure towards a Second ff ish - 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 drawue from him att two seuerall ]iayments 75" more then his said Adventure \\^^ made itt vpp one hundred pro- tendinge that hee had subscribed for payment of so much; Wher\-p- 402 RECORDS OF THE VIRGINIA COMPANY M^ Spruson to pQ^ ^,116 Court Ordered that ^Spruson who is yett liveinge should crmpt?'" '^ "^ after a fortnights lawefull warninge given him bring in his Aecompts 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 Comp* : 100" in pt of Elizabeth Barkiey payment of a greater Some due vnto her Husband and that they would give order to the Audito" to hasten the examininge of her Aecompts. Whervppon the Coui't 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 AccomptC itt were found not to be due vnto her. lohnWoodrecorn- lohn Wood in Ms Peticou desyred that the Courte would please in ended to y' Gou- regard hcc is rcsolvcd to inhabite in Virginia, to graunt him 8 Shares orvirginia"™^*^ ^'^ 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 consideracon of the premises vnto the Grou- ernor and Counsell of Virginia to deale therin as they shall thinke fitt. Tho: Moreman? Thomas Morcmau signified in his Peticon that hee went to Virginia peticon graunted. -^ ^ gj^j^^ ^^^^^^ ^^^ g^^^ ^^^^^ -^^ ^^^ ^^^^^ -^gj^g j^ ^llC CompauicS service wherin hee still remayneth vnder the Comaund of Captaine MathewC. 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 proporcon of Land as is vsually allotted to others in the like kiude w'~" tbe 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 j^^g abscuce and long stay was aboute buisines of y" Companies and that hee had receaved a gracious answere from his Ma"" : concerninge a gratiouB aun- their pcticon against the restraint of Tobacco who was pleased to from^hisMav'con'^- affirms that itt was never his meaninge to graunt any thinge that terninge y' re- might be preiudicall to any of both those Plantacons and therfore Btraint of Tobacco. 'A blank space in the manuscript. JULY m, 1620 403 had referrd itt to the Consideracon of the Lords of the Counsell, w'" whome my Loi'd of Southampton saide hee had beeiie all that while, and that their Lo''' : desyred that certaine of the Company might attend the hearinge of the cause vppon fryday next in the afternoone. w*^*" the Court generally assented vnto. After the ActC of the former Courts were read Captaine Argoll took Cap' ArgoU iusti- oecasion to except against some certaine words of an order touchiuge '^^'^ ^^ '" ^^ 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 y' hee was in an error, and thervppon did iustifie the said order to be truly sett downe. [152] Vppon Cap' Argolk request the Courte was pleased to give order Cap-ArgoU to haue vnto the Secretary to deliver him Coppies of Orders concerninge him- Poppies of order.s -' '"■ '^ concerninge him- selte and Captaine Brewster. ^eif & Cap' Brew^t- ter Itt was vppon mocon ordered and by erecCon of hands generally The Courte con- assented vnto that the Courte in respect of many buisinesses y' were ''""s*^ to be dispatched should be continued till all matters were determyned. These Comittees beinge chosen the last Quarter Courte butt not Comittees swome. sworne did now take their Oath, vizd, m' Bland, m' Wiseman, nV Whitley, m' Clerke ; And the Secretary in like manner being then secre: swome. chosen did allso now take his Oath. M' Robert Somerscalk Proiect concerninge the curinge and ordering m' somerscaiic 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 ereccon of hands ratified and confirmed. Concerninge the Proiect for makinge of Drinck in Virginia being an The Proiect for artificiall wine made of vegetable growinge there naturally in great "^^'^'"K'^ofDrmok 1 , -r, ■ n 1 1/^. 1 ^'^^ irginia relerrd plenty itt is referred to these Comittees to consider therof vizd. S' to the Comittees. lohn Dauers, M'' Docter Anthony M' Doctor Gulstone M' Deputy, M' Smith, Captaine Bargraue M' Darnelly, M' Whitley, who are to 404 RECORDS OF THE VIROINIA COMPANY make reporte of their opynious herein and to compound w"' the Author as they shall thinke fitt.^ Comiseion to in' Yppon a mocou made order was given for the graunt of a Comission '^^ to m' Tracey and that the Seale should be there vnto applyed." Another for >• Another likewise to the M' of the Bona Nona. Bona Nona. S'W-Mouuson.: Another allso to S' William Mounson and his Associates. A Pattent to m' j^f ^yg^g allso agi^eed that aecordinge to a mocon made a Pattent should be graunted to m' Pelham and his Associates for Transporting &' plantinge of a Collony in Virginia. [153] my Lo: of South- These matters beinge ordered as aforesaid my Lord of Southampton y"'(>!m"paryTogoe desyred the Company that they will now w"* the same alaeritie & on cherfaiiy c. checrfullnes of mj' udc as they should ever flnde in him goe on to the dispatch of those waightie buisinesses coiSitted to then* care and charge, w''*' for expedicon 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 Lo^: desyred further that a speciall Comittee might be desyred to attend the Eli' of his Ma" : Counsell vppon ffryday next about the Peticon referred by his Ma"^: vnto their tt*"^: concerninge the restraint of Tobacco whervppon these Comittees were noiated vizd S' EdM^ard Saekuill. m' Deputy. m' Nicholas Ferrar. S' Edwin Sandys. m"' Gibbes. m'' Cartwright. S' lohn Dauers. m'' Wrote. m'' Ditchfeild. S' Phillip Cary. m' Cranmer. m' Casewell, & m' Brooke. m' Berblock. Who are all appoynted to meet for a Consultacon att S' lohn Dauer< 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 \AI • ' A discussion of tliis 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 18" Iulu 1620 ther beinge Present. The Right Honorable Earle of Southampton. S' Edwin Sandys. S' lohn Dauers. m' Gibbes. m"' Dep' Ferrar. m' Wrote. m' D"" Anthony. m' Robert Smith. m"' Sheppard. Cap' Bargraue. m'' lohn Smith. Cap' Nuce. m' Chambers. m"' Cranmer. m' Darnelly. m"' Whitley, m"^ Ditchfeild. m' Case well. m" Berblock. m"^ Hopton. m'' Ruggle. m'' Couell. m"' Abdy. m' Aires, m"" Nieho : Ferrar. m' Wiseman. m'' TomkinC. m' WelK. m'' Swinhowe. m"' Leuer. m' Couell. m' Felgate. m"' Barnard. m"^ Widdowes. m''Ab: Chamberlyn. m' Sywarde. m"^ Mellinge. m'' Poulson. m' Morewood. m"^ Bay nam. m'' Penistone. m"^ Vyner. m' George Smith, m' Woodall. m'' Ewins. m' Sparrow, m' Roberta and m' Arundell. [154] The Courte takinge into ConsideraiSon the treatie w'h the vndertakers ^''^ ^o'"^ wUmge for the sole sellinge of Tobacco fyndinge the proporcon for Virginia to ''' 406 RECORDS OF THE VIRGINIA COMPANY be so small as not possible to be divided amongst such a multitude of people w"" any shaddow of Content, and consideringe that the Somer Ilands haveinge no meanes to subsiste butt meerly by the vent of their Tobai'co will stand in need of all help w"'' in that kinde may be given y 55000 waight to them have consented that the wholl 55000 waight of Tobacco allowed oniv*^to°^y''*so- ^^ be veutcd in this Realme by both the Plantacons shalbe appro - iiauac Company prvated to that of the Somer Hands alone, And themselvs shall humbly submirt themselvs to his Ma"*'': royall pleasure declai'ed in his last Proclama and forbear to bringe any Tobacco att all this yeare nothinge doubtinge butt his Ma'^ : in his Princely Consideracon will Comisserate y*" Estate of the poore ])eople in that Plantacon and restore them to theu' 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 ruyneof both the Plantacons. A comittee to con- The Courte bcingc resolved as aforesaid to f orbeare the bringinge into Kider of y fittei^t j]j-,o.^g^^^^[ ^ny Tobacco from Virginia this yeare butt to send the same course for a Maga- ^ J o j zine or storeiiouse to fflushingc, Middlcbrough or any other parts to be vented there did att ffiushinge c. appoyut thcsc 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 w"* 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 ffacto" to the moste advantage of the Company, viz**: all the gen- erall Comittees assisted w"' S' lohn Dauers, M'' Wrote, M"' Gibbes, M' Berblock, M' Chamberlyne, M' Cranmer, M' Sheppard, M' Wise- man M' Deputy, M' Smith, M' Chambers, M' Clarke, M' Nicho: Fen-ar M' Casewell, M' Mellinge. ^fe"- CoiTiitte^ to at- Thcsc Comittecs are appoynted to attend the Lord Arch Bishope of bidhu'p of Cant. Cauuterburie w'" the Declaracon of the Supplies intended to be sent to Virginia this year C, and shew the amendment there vppon sub- mittinge the consideracon therof vnto his Grace to dyrect what hee shall tliinke to leave outt or putt in. And w^'^all to move his grace that the Booke now phibited by his gracious Comaundem' may againe JULY18,16W 407 passe abrodeand be published, vizd m'Gibbs, m' Deputy, m' Berblock and Captaine Bargraue. [155] M' Doctor Anthony haveinge brought two bills of Adventure of xij" x' 2 bills passed to a peece, the ffirst from Ambros Austin of High Holborne the other " ^ ^^^ from loane Dawkes widow both vnder the Companies Seale and allowed of vnder the Audito" hands beinge now desyrous to have them passe the approbacon of this Courte was accordingly graunted and confirmed. M' Edward Kirbie who went to Virginia in the Bona Noua in lune M' Edward Kirbie last w* an intent their to plant att his owne charge where hee hath aiiowedtobemade ffrcc alredy lefte a Servnnt whose passage hee j)aid for, ||as by|| a certificate appears & beinge returned w"" 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 Ire should be drawne a tre: to be writ- to the Gouernor and Counsell for Virginia siguifvinge the graunt of a ten to r Gouemor ^ . ^ / ° ° to signitie of a Pat- Pattent vnto S'' William Mounson and his Associates accordinge to an ent graunted to S' order of a former Courte w* Ire beinge so drawne itt was referred to ^^'°- Mounson. S' lohn Dauers and m"^ Deputy to mend and make itt agreable to the said Order of Courte. Concerninge M' Wye his peticon although the Courte had iust cause .v' m' Wye win ao- to reiect the same in regard hee had wronged the Company in the roTi"i hirpedcon verie title therof by tearminge this soe worthie a Societie and Corpo- and submitt him- racon no better then Traders to Virginia, and grounded his Peticon seife to >■• award of ,., . , . , . ^ . . , , V' Courte It shallv likewise vppon vntruthes m denyinge any Comission to be gi"aiinted kiiowed. vnto him or that hee hadd done the Company any Damadge w'^'' was apparantlie approved against him yett if the said Wye would acknowl- edge his grosse error in y" direccon of his said Peticon and amend the same, and withall submitt himself e 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 would then allow of his Peticon 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 - dau''JfV printed izcd the bookc lately sett out by his Ma": Couneell for Virginia by a Booke most disgraeefull Tearme in callyng itt a lybell w"" w'^'' hee being charged sought by a redieulous interpretacon of that word accord - inge to the sense itt bears in Latin in some sorte to extenuate and excuse. [156] A fowie aspertion Butt f or that itt was further allso laide to his charge that hee had an'\'^o'n's''Ed' impudentlie cast a foule aspercon vppon S'' Edwin Sandys Knight in Sandys sayiugc hee did butt vsurpe the Authoritie of the Courte; The Com- Tho examinacon pauy were herewith exceedingly moved and here vppon did forth w**" daiis to be referred Order ||that|| the examinacou of both his disgraeefull Scandalls should to y- next Quarter ^e referred to the censure of the next Quarter Courte And in the means time hee should remayne suspended from the Courts. M' Paulson j bill M'' Paulson assigned 2 bills of Adventure one to m' Andrewes the to n.' Andrews 1 ^^^^^ ^^ ^r Greene. to m' (jreen. Right ordered to Mathew Scizemorc haveinge desyred the Courte to doe her right for bedonetoMathew ^^^^ ^^lee had payd for her passage and yett was att the charge of Seizemore. sr j i- ^ j o victualliuge herselfe The Courte ordered that right should be done her accordinglie as itt had been to others in the like case. !.™?^"rL' L!"^! lohn Grocer and Susan his wife peticoned that their sonne lohn might returne for Eugli of Southampton. returne for England w"'' was graunted and subscribed vnto by y^ Earle NOVEMBER 4, 1G20 409 Att a Courte helde y^ 4''" of Nouember 1620 r Present Right Honorable Earle of Southampton. Lord Cauendish. S' Thomas Roe. S^ Willia Fleetwood. S' Ferdinando Gorges. m' Gibbes. m"^ Herbert, m"^ Seldon. m' Bromfeild. Cap* Bargraiie. m'' Gulstone. D' Anthony. m"^ Barbor. m' Bowyer. m' Deputy, m"' Keightley. m'' TomlynC. m"' Stiles. m' Sheppard. m"^ Cranmer. m' Welk. S"^ Edward Lawley. S"' Edwin Sandys. S'' lohn Dauers. S^ Robert Killigrew. S''Io: Wolstenholme. m' Case well, m' Ditchfeild. m' Rogers, m' Berbloek. m' Swinhow. m"' Mellinge. m' Meuerell. m' Paulson, m"' Palmer, m' Roberta. m' lad win. m' Chambers, m^ Bull, m'' Bland, m^ Whitley, m'' Seward, m' Martin, 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 ''™p'''° 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 then- pro- ceedings therin accordingly. [157] His Lo'': further signified that hee had received breife tres of the saffe Letters receined of arivall in Virginia of all those Ships save one w'" were sent the last >;, "^^"'^ ^""'^' ""^ all \ ships saue 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 y* Jonathan there died aboue 16 : Of 70 : in the Swann of 410 RECORDS OF THE VIRGINIA COMPANY Barnstable not one, of 200 : in the London Marchaut but one onely, And that the Dutie in her long passage had likewise lost one ; And lastly that of the number of the Cattle w"'' they then allso sent thej^ had intelligence by the reporte of one man that they had lost tenn for Vf"^ they had againe in their passage 8 Calues, butt there was no certificate thereof as yett returned from the Gouernor. The Abigail enter- Hls Lo'' : haveiuge desjTed the Company to thinke of the preparacon tayned ^^ Ships to be sent this next Springe M' Deputy gave notice of a verie good convenyent Ship called the Abigail 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 Condieons that the Jon- athan and London Marchant did the last Springe, vizd. to Transports in her 200 Persons and 50 Tunn of goods, for 700": in hand and 600" v|3pon Certificate of Arivall in Virginia w"*" offer the Courte thought verie reasonable, and did generally assent thervnto. TheAbigaiitotake Itt was likewise moved that for the more comodiousnes and for '-EeoMViLt''" P<'^^i"iiige of ||people|| the better people that the Abigail might take in her people att the He 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- siiiim to w .•^ent gj-^o afforded, w''" m" Delbridge promised still to continue to the good arnb a e. ^^ ^^^^^^ Pltiutacon, and would vse his best endeavour to doe the Com- pany service, And therfore desired that the Court would be pleased for their better encourragmeut & enablinge of them to transporte their ni' DeihridKe de- Passeugers, to take some present coiirse that hee might have free ""^v' ■" "' ^ ''^°" libertie to ffish vppon the Northren Seas as formerly they had done from w'^" as hee conceived they were vtterlie debarred by a late graunt from his Ma"*: to S' Ferdinando Gorges and some others. A new I'atent Whcrvppou S'' Edwiu Saudys did intimate vnto the Courte y' hee was i)<'iire^' ^^'aiter Raw- t p t-i • i.hii e ill, leigh i 4 great con 01 Guiana, and w' the same rower 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 S" Augustine, of the Citty of God translated into English the other three greate Volumes wer the works of M' Perkins newlie corrected and amended, w'"' 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, 422 RECORDS OF THE VIROINIA COMPANY ffor w''" iso worthy a guifte my Lord of Southampton clesyred 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. S' Edwin Sandys gr Edwiu Sandys acquainted the Courte howe carefully m' Chamberlyn chamUriyn? care had bccu att the rcqucst of the Comp"' : to compound w"" the States of for conipfiun.iinge Middlebrough for the Custome of the Tobacco to be brought thyther Mtddiebror*r '^ ^^^^ ^'^^^ from Virginia signifyinge that hee had brought them neere to an agreem*, so that for brlnginge 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 Lo^° : owne letter in the name of the Company, w'^'' my Lord very nobly pmised to dispatch accordinglie. S' Edwin Sandys further signified that wheras certaine Instruccons were sent in writinge in the Bona Nona concerninge the plantinge of A French Booke Mulbcry Trccs, and makinge fitt roomes for the Silkewormes (w'^" in MuiberT trees & ^i^ opiuiou was cxceedinglie well done) and haveinge now vuderstood ordering of Silk- of a ffrcnch book of the same Subiect comended vnto him for an un'StoEnS' excellent treatise of that kinde) moved that some of the Comp": 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 bookC the pticularr rates of those Staple Comodities w"'' the Comittees were desyred to sett downe to be payd for them to the Planters might likewise be incerted w**" some Instruc - cons allso fo"" the orderinge of other Comodities w'^'' mocon was well approved of and generally assented vnto. A note presented M' Deputy haveinge presented to my Lord of Southampton a note of tomv L■• the Coi- did not desire any more provysion of Meale to be sent vnto them but more meaie but rather prayed that the Company would be pleased to be att *be ||some|| rather some tn- charge to send them a few triflinge Comodities [169] As Beades and ^^l-^ °™ v' n^ such like toyes wherby to truck w"" the Indians for Come and other tiuee. necessaries to encrease and mayuteyne therby a Christian Comerce, and trade with the Sauages, w"*" they exceedingly desire may be continued. Touchinge Gabriell Wishers former offer att the last Court to procure Gabneii 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 w**" the Comittees. Thomas Wood beinge now willinge (though hee conceived itt a hard bargaine) to accept of the offer of the former Courte, w'^'' was that for everie Cowe of our English breed transported by him or his Agents iho: woode to safe and sound to Virginia hee should be paide Eleuen pounde and '\^"« ^'^ security for every Shee Goate three pounds tenn shillings, vppon certificate att ggJ^l^ ' ^ ' his returne from the Gouernor there ; Hee moved therf ore 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 w''" they gave order to m' Deputy to see itt done. 424 RECORDS OF THE YIROmiA COMPANY m' Caswell inocon ]\j^r Ciiswell moveci that the Lord Maioi" of this Cittie might be solicited MXr'fo'r" V' like ^o afforde this Company the like number of Children with the like number of chii- allowancc as formerly they had, butt hee wished w^'all that itt might iiren aa formerly -^^ effected vppon more easic condicons then the former Comittees for they had. '^ '- . the Cittie sought to drawe them vnto who as itt appeared stood more vppon an over advantagious bargaine on the behalf e of the said Chil- A Tre: to be writ- drcn then they did vppon the good of the Plantacon for w"'' they were tentov'Lo:Maior pp^j^.g^i \\x vras thcrfore thought fitt and so ordered that a tre should ct Aldermen. *• . iti-»t- tait • p • /-it be write to the Lord Maior and Aldermen speciiymge y Condicons pticularly for w"*" the Comp": would accept of them and in good manner place them as servntC or Apprentizes w*** the Companies TenntC. [170] 5" demaunded w"' M"' Smith couceivinge that the sume of five pound demaunded w''' euery chiide y' gygpig Childe that should be sent out of the Country to be transported shalbe sent out of . . •' '■ y Country heide to Virginia was a greater charge then would willingly be disbursed by to be too great a ^j^g Commou sorte, seeiugc they might w'*" 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 w"** mayne reason the Courte thought fitt and ordered y' abatement should be made of the said five pound accordiuglie. The rewardinge of M"^ Deputy signified that hee was solicited by the Marshall of this the Marshall of y' Cittie and soiue others that had taken paines to pcure those Children others forpcuring o^t of the Cittie w'^'' Were heretofore sent to Vii'ginia, to move this y Children out of Courte for some reward for their care and travell therin, y* they might to thrconiUteeT' ^-*® ^ncourraged 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 pporcon the same amongst them as they shall thinke fitt. M' Jefferson re- M' Jeffersoii desyriiige the Courte to take into their good consider - sTn"!! vl '^A^M' ^^"^^ ^^ losses hee had susteyned ; was referred to S' Edwin Sandys Deputy. and M' Deputy to conferr w*" them aboute the same. NO VEMBER 15, 1620 425 Some of the Summer Hands Company moved that the Courte would '^^'« suffier iian.i? be pleased as well in respect that the Barmudas was sould vnto them a^^Xi "\l^T^!!a ^of 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 subsists and to procure and maynteyne a mutuall dependance and trafl&que hereafter to graunt and eonfirme vnto them now in this great & generall Quarter Courte a good porcon 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 ; W'^'' request the Courte takinge into consideracon, did [171] order and agi-ee that aceordinge to the number of their Shares (beinge in all 400 or their aboutC) they should have for every Share 100: Acres of Land in Vir- ''"'>' ^'^"'" '"^^^ ginia, and 50 Acres for every pson that shall be transported thither, Acre'sandoo Acres Provided that none of them sell his said Shares vnless hee sell together for euery Person w'*" itt his Share of Land in the So: Hands and for a publique Stocke ^^^"-^^^ *''*'''" they have likewise graunted vnto them 5000 : Provided that between this and the year 1625 they transporte for everie Share for that Plan- tacon 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 -•^ ^^e to be wnt to should be write to the Gouernor to sett out their bounds and lymitts out1heir'^LlLd€T'* where they shall like best to seat themselves so as they may not be preiudicall to any other Plantaeon ther alredy/ Cap*: Somers[(]in respect nothinge did appear by S'Tho: Smiths Cash ^*p' Soiners to booke to be paid in redy monny by S' George Somers to S' Thomas j^^''^'^'"'' "* ^"""^ 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 tre dated the IS"" of this The La: i^warrt present moneth signified vnto the Comp* : that wheras aboute three [,^if!f of m' Ket^ years since the Earle of Hartford adventured 150" in her late husband jwsenteu vnto. ' The provisions for tlie settlement of this land are included in the printed book of the Orders and Constitutions of the Somers Islands Cumpany. Two Courts of the company concerning this subject are mentioned. See List of Records, Nos. 290, 303, 304, page 154, ante. 426 RECORDS OF THE VIRGINIA COMPANY (the Lord DelawarK) last Voyadge to Virginia as by an agreem' vnder his baud and seale made in the behalf e of the said Earle may appeare. And for asmuch as the said Earle hath since conferred y* benifitt of his said purchase vppon his servant m'' lohn Kelly, shee therf ore 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: w"*" request the Courte thought verie reasonable, and accord - inglie assented there vuto : Provided that so much be deducted ratably out of my Lord DelawarrC Accompts. m' Hen: Rowlands ]\p Henry Rowlaud Goldsmith peticoned that forasmuch as his brother ^n^rX a Per- D^uid Floydc had assigned vnto him his purchased Adventure of 12" Bonaii Share ai- 10° w'^'' this peticoner paid for though passed in his said brothers name lowed him for >•• ^^ ^ j^-g assigncment vnder his hand and Seale male appeare. [172] Aduenture of his -^ . , „ , . • i » • brother? person The Peticoncr therforc humbly desyreth that his said Assignement beinge allowed by the Audito" might now pass the approbacon 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 Vii'ginia full tenn years since, w''^ 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. Rich: Mooreton Richard Moorctou in his peticon craveinge an allowance of one Share for a share of Land <.tjj;j.iai x ex.- i. • t_ • tt- • • for Aduenture of ^f Land tor the Adventure of his pson havemge been m Virginia his Person. 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 therf or orderd that if hee would be contented to returne againe or send on thither hee should have his personall Share allowed vnto him & direccon should be given to the Gouernor to sett out his Land for him w"^*" offer hee willinglie embraced and assented vnto. wiiiia Potterton William Potterton in his peticon haveinge desyred y' the Courte would pcti("(jnini{ for rec- , ,.i.,, „ ,-, . „ -i-i, t Willia om pence fory' plsasc to givc him the same recompence for the service of one Edward Beruice of W": Ti'cw liis Apprentice beinge (15") w''"' my Lo De Lawarr promised w Tiwarr ^^ ^^ ^^^ ^^ ^^^ appeare by his Lo''' : bond for his good will to lett his NOVEMBER 16, 1620 427 said servant goe w'" him to Virginia to let where hee still remayneth in the Companies service; The Courte herevppo ordered that the Peticoner should repayre to my La : Lawarr for his sattisfaccon in consideracon of her husbands promise extant vppon his ||lp°|| bond. Captaine Daniell Tucker in his Peticon desyred that the Comp*: would lo share* bestowed please to graunt him some Competent portion of Land in Virginia, ^'p^°° ^*p' ^'^'^^" 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 sworue of his Ma" : 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 Ma"" : by express ters sent for him, [173] as likewise in consideracon of the Pinnace hee sent thither wher shee is still employed and doth the Company great ser\dce 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 Condicou that hee should not sell away any of his said Shares w'^" hee assented vnto and w"" much thankfullnes accepted of. S' lohn Dauers herevppon moved that for the more equall distribucon ^ Comittee ap- of Shares hereafter, vppon well deservinge personns imployed in the ^;in'^&'°ro°.^ Companies service that ther might be a speciall Comittee appoynted coninge of shares. who vppon due examinacon of their pticularr merritts might sett downe such a proporcon of Land for their rewardes, as might best suite w"' the ***** * i| Honorable || bountie of this Courte, and their pticularr deservings, w'" moeon 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 vizd* S' Edwin Sandys, S' lohn Dauers, m' Deputy, m' Smith, Captain Tucker. These were appoynted to take care of the two Virginia maydes remayn - -^ Comittee for inge in the Custodie of m^ William Webb the husband vizd m^ Case- JJ^Jnuliialdl" 428 RECORDS OF THE VIRGINIA COMPANY well, m' Roberta, m' Caninge and m' Webb, who are likewise desyred to place them in good sei'vices where they may learne some trade to live by hereafter for w"*" respect y* Company hath promised to bestowe some thinge w'" them. The securytie for The forme of Sccuritie ordered the last Courte to be drawne for m' m"Depu'tv™d m^ Deputy and m'' Sheppard to save them harmelesse as toiichinge a sheppardnrUered Contract made w"" certaine Dutch Carpenters sent to Virginia to to be sealed. ]^g imployd in the Companies service was now read and ordered to be sealed. T h p Agreement The agreement made w"' m" Barkley for allowinge her 331'* : 12' : lO** Ba^'/ier cwi- ^^ money and so many Shares of Land in Virginia as might make vpp firmed. the Said sume 400" was now putt to y® question and confirmed. [174] D' Bohune Pat- Doctor Bohune haveinge desyred that his Pattent might be renewed o^wne name '" "^ ^^ ^^^ owue name oucly 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 Scale itt. My Lord of South- My Lord of Southampton signifide vnto the Company that himself e ampton ''eporte ^^^ gome othcrs hadd been this afternoone before the Lords to make now y' nee naa been before y' reportc what iust cxccptious they had taken against new England LL": of y' Counsel! Pattent whcrby they found themselvs vtterlie excluded from fishinge to acq in t them of -vt < i c-i ^ i, th n i • x n • • n ■\ l^ i t 11 y'excepcons taken vppon the North Scas butt w all his Lo^: Signified that by a late againct New En- eonfcrrcnce had with S' Ferdinando Gorges aboute itt they did nott ^ ^° ^ ^ doubt butt they should now accorde, for that itt was agreed on both sides for some important reasons to renewe either of their Pattents w""" was promised should be done by mutuall advise of the Counsell : The Patent to be Whcrvppou their Lo"' : ordered that in the meane while this Patent 1.0*^°*' chancei'io" "^ ^' Fcrdinaudo Gorges should be sequestred and deposited in my hande Lord Chancello" hands (as vndelivered) accordinge to his Ma'' : express TheComp'togoe Commauudcment. And that this Company should notwithstandinge iiedge of 'their goe ou w^ut losse of time vppon the preveledge of their former form9 grauntc. gi'auntC whcrby itt was conceived they had libertie to fish vppon the Seas now debarred. DECEMBER IS, 1620 429 Att the risinge of the Courte m' Smith acquainted his Lo^: and the m' Smith? mocon rest of the Counsell present that itt was the humble sute of y^ gener- future imunkit«'aa allytie vnto them that they would please to enter into consultacon, were fittinge u. w and advise about such further imunities and larger previledges as were pa^'iiam-'* ^ °*^' fittinge to be moved att this next Parlyament. and that itt might redound aswell to the Honour of this noble Societie as the fiature advancement of the Plantacon in generall wherof they had now cause sufficient to conceave the greater hope to speed the better in respect his Ma*'' began of late to fix his gratious eye vppon itt, as beinge redie vppon all occasions to afford them his Royall fauour and proteccon. [175] Att a Courte helde in y'' afternoone ¥"= 13"'' OF DECE^rBER 1620; Present. m' lohn Wroth. m"^ Gibbes. m' Herbert. m' Smith. m"^ Dep''' Ferrar. m' Sheppard. m' Nicho : Ferrar. m' Bland. m' Casewell. S' Edwin Sandys. S^ John Dauers. S' Phillip Carye. m' Earle. m"^ Berblocke. m' Stewarde. m"^ Palauacine. m"' TomlynC. m' Wheatley. m"^ Maisterson. m' Swinhowe. m' Challoner. m' Roberta. m^ Bull. m' Mellinge. m' Cuffe. m' Boothbie. m"^ Couell. m' Rolph. m^ Combes. w**" divers others. S' Edwin Sandys signified vnto this Courte that my Lo : of South - ^' ^^^^^^ sandy« ampton vppon some important occasions could not be present this ^^'"southa^iptoii afternoone butt had all that parte of the day for many howers to- cannot he now gether taken extraordinary paines in a buisines that concerned them p"^*^"'- 430 RECORDS OF THE YIRGINIA COMPANY 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- jjge further signified that they had receaved further certificate of the ari^n of 'air y^ ^^^^ Arivall of all their Ships sent the last Springe, as namely the Ships. Frauncis Bona Venture w"" all their people save one, the Tryall and Faulcon w*" all their Passengers the London Marchaunt with all hers the Duty with all save one, And soe likewise the Swann of Barnstable, butt the Jonathan in her tedious jiassage of 200 had lost 16 : Soe that by this last supply they had landed in Vu'ginia in all well neere the nomber of 800 : persons for w'^'' greate blessinge (w"" the loss of soe fewe) hee rendred vnto the almightie all possible thanks. [176] A supposicon of a Whcras itt was conceived that ther was a mistake in setting downe ^'^ order" ^ for " v^ ^^ Order of the Summer Iland< Company att the laste Courte by Summe': iian.ie incertinge a Prouiso to exclude such from haveinge 100 Acres p Company. Share as shall not pay in their monny ratably accordinge to subscrip- con by the settinge outt of the first Voyadge that the Adventurers shall agree vppon for the advanceinge of that Plantacon, Itt was now The Clause to (Jesvred that the said clause might still stand in force least otherwise stand those that did drawe backe after others had discouered the Countrie might against all reason challenge as great an interest as they y' had beene att all the charge and Coste, for w"*" consideracon itt was agreed and ordered that the said clause should still remayne in force. Ga:Wi8her''y'Keneraii 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 w"*" should be transported att the Companies charge and furnished as other of the TennantC be, Provided that xx"^ TenntC beinge thereon established and made good for one whole year after their landinge, the said Doctor Bohune do after if any of them Dye covennt 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" touehinge his Contract w**" the Company the Courte hath referred him to the Comittees who are desyred to treate and conclude w*** him aboute the same. M"' Deputy signified that hee had receaved good store of Silkworme s i i k w o r m e s seed both out of Praunce, Italy, and Spaine, and doubted not of much '^''""k^* °"* °' 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 Praunce by the help of m'' Chamberline a man very care- full in y' buisines In the meane time hee acquainted the Courte w"" one y' m'' Darnelly had poured for them beinge the servant of m' 16455— VOL 1—06 28 432 RECORDS OF THE VIRGINIA COMPANY m' lasper stai- Jespar Stallenge who had these five years togeather been brought vp goef^to^vi^: for ^^^ teucliuge of the King^ Silkewormes vnder his said m': wherby hee b r e e d i n g e y was become very skillfull in breedinge of the wormes and in wyndinge Wormea. ^j their Silke, and was allso a good Gardner and that his said m'' was verie williuge that hee should goe to Virginnia to be imployed in the servi(?e of the Comp* : for three years (w"*" time hee had yett to serve of his Apprentiship) vppon Condicon that the Company would please xx" to be giuen to jj^ Cousideracou of his said time to give his said m'' xx" w"'*' 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. Tho first partn of j^gg further signified that the first pt of the french Booke concern - all moBt finished, i^ge the makiugc of fltt roomes to keepe Silkwormes and the manner of plantinge Mulberie Trees to feed was now allmost fynished as like- wise the valuacon of the seuerall Comodities to be had in Virginia ordered heretofore to be affixed vnto the saide booke would in few dales be together ready to be printed.' y' oide Planters j^^ ^^^ moved that for the better encourragm' of such of the old y' baud exteedt'u ... others in buiidinge Plaute" 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 h'aue '^The first fofHier dyreccou in that behalfe, might have the advantage before choyceofAppren: 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 agaiuc within one yeare^ (no whitt in tobacco) but in a good t'h.'y l\2\-nl. Z%\. " people that were now sent to §be§ the Companies Tenants. And persons^^TQder'him 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 80": freely to furnishe him w"" necessaries and ordei-ed that he should have the coinand of 50 persons nowe transported to be TeuautC vpon the Companies land. 434 RECORDS OF THE VIRGINIA COMPANY Capt Smith? mo- The Said Captaine Smith further moved in the behallf of a younge SchoUer^desh-oS Scholler desirous to goe w**" him this present voyadge that he might togoetoVirg: be admitted preacher to the people now sent: The Courte herevpon agreed to give him a text to preach vpon about a fortnight hence in the handling whereof if they found him a sufficient Scholler, he should be entertayned accordingly. Capt Maddison to Captain Maddisou having been heretofore twelue yeares togeather in the'comlttees. ^ Virginia, and there imployed by S' 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 w^^in the Land The Court herevpon ordered that he should be treated w*" 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: soffleK re- ^ motiou beiuge made on the behalf e of Captaine Somers for con- '^^^ ' firminge vnto him such lands as was due vnto his vncle S' George Burners for his adventure w''" appeared by Accounts 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 proporcon of land, vpon merite. M' Deputie signified that my lord of Southampton (being to goe out s' Edwin Sandys ^f Towue and like to be a long time absent) desired that S' Edwin to glue his hand _,_ -ii i-iii o/^ ■ i-i forreceipt?ofmon- Saudys might be authorized by order of Courte to giue his hand for ey in my Lo: of receipts of moucy to the vse of the Company : w"*" was generally senL. °° " assented vnto and ordered that w*" their good approbacon he should be here vnto authorised accordingly. ' Commissions from the Governor in Virginia to Captains Smith and Madison are given in List of Records, Nos. 310, 314 and 374, pages 154, 156 and 161, artte. JANUARY 29, 1620 435 A Preparatiue Court held the 29 Ianua; Present the right hono'''": Earle of Southampton. Lo: Cauendish. Lo: Pagett. S' Edward Sackuill. m' Deputy fferrar. m' Gibb<. m' Wroth, m' Earle. m' Geo: Sandys, m' Docto' Anthony, m' Sheppard. m' Bromefeild. m"^ Zouch. m"^ Tucker, m^ TomlinC. m'' Smyth, m' Nicho : fferrar. m' Ditchfeild. m"^ Seaward, m"^ Wheately. S' Edwin Sandys. S'' lohu Dauers. S'fEran: Wyate. S^ Walter Earle. m"' Bearblock. m^ Case well. m' Mellinge. m^ CufEe. m' Combe, m'' Baynham. m' Wyddowes. m' Sparrowe. m' Newporte. m' Kightley. w*" divers others. My lo : of Southampton signified vnto this Court that for so much as the ^ly 'o: of south- time of S' George Yeardleys Coinission of Gouernorshipp would ere ei"Jjer°o eonfirae longe be expired, beinge to continue but till November next : It was S' Geo: Yeardiey therfore expedient nowe at this Quarter Court (in respect of the '"'"^ "^""^'"p'^'-''^ shortnes of the time) either to confirme S' Geo: Yeardly againe in in Ms steed, his said [181] office by a newe eleecon : 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 luly next at the farthest w'^'' later Course his Lo" did the rather encline vnto, because he had receaved adver- tisement of S' George Yeardly importuninge desire to relinquish his 436 RECORDS OF THE VIROINIA COMPANY said office at the expiracon of his said Comission, in reguard he had soe longe a time togeather (nowe allmost three yeares) attended wholly vpon the publique service. 6'ffra:\Vyatecom- jj^g Lqp. therfore proposed vnto the Company a gentleman recom- for the place of ended vnto him for his many good parte (namely S' ffrancis Wyatt) Gouerno'. -^jjo was Well reputed of, both in respect of his j^arentage, good edu- cation, integritie of life and faire fortunes (being his ffathers eldest Sonne) as also for his sufficiency otherwise, being deemed every way w^ut 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, Notw*''standing his Lo'': praied the Company not to neglect the nomiuacon 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 el §at§ the next Quarter Courte. A Comittee to ex- gr JqJ^jj Dauers moved that accordinge to a former order of Courte s- wiiim Mounson and intimacon by the Counsells letters vnto the Gouerno'' of a Patent Patent. intended to be granted to S' W": 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 Coinittee 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, m"' GibbC m' Deputy m' Kightly & m'' Bearblock : m' George^ Sandys -[yjr (3jgQj.ge gandys havinge moved that he might passe ouer two ffrances Weyn- Shares of land vnto S' ffrancis Wyneman w"'' were formerly assigned ™""- vnto him by m' Thomas Sandys, the Court was pleased to grant his request. 8' Rich: Buikiey gr Edwin Saudys signified that S' Richard Bulkly of Beamorris in made a member of ^ o j ycomp: the County of Anglesy, desired to be a member of this Company, for w*^" having payde in his 25": praide he might haue his bills of Adven- ture vnder the Companies Seale w''" the Coui't ordered should be gi'unted vnto him. [182] JANTJAR Y 29, 1620 437 A motion beinge made that m' Woodall, might be warned in at this ™' woodaii to be Quarter Court to answeare such scandalous speaches as he had for- merly diuulged, in disgrace of the booke authorized by his Ma" Coun- sell for Virginia as like wise touchinge S' Edwin Sandys according to a former order of Court, made the IS'*" of luly last. M' Caswell signified vnto his Lo^: (as m^ Smith had formerly donne to the like effect) , that it was the humble suite of the Company that it would please his Lo'' to acquaint them how farre they had pceeded in drawing vp the newe Patent w"'' 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 grants, and from all Monopolies hereafter of the like nature, whereof his Lo'' promised they would have a speciall care, and happily be able at the next Court to giue them some accounte. a generall quarter court held for Virginia vltimo Ianuarij 1620: Present The right honorable Earle of Southampton. Earle of Dorsett. Earle of Deuonshire. Lord Padgett. S' Thomas ffinch. S' Nicholas Tufton. S' Walter Earle. S' lohn Dauers. S' Willm Twisden. S"' ffrancis Wyate. S^ Robert Phillip. S'' Samuell Sandys. S' ffrancis Wyneman. m' Henry Mannering. S' Edwyn Sandys. m' lohn Wroth. S' Edward Lawly. S' Phillip Carey. m^ GibbC. [1JS3] Doeto^ Gulston. m^ Kightly. m' Chamberlp.ine. m' Deputy fferrar. m' lermyne. m' Mellinge. m' Bromfeild. m' Steward. m' Seaward. 438 RECORDS OF THE VIRGINIA COMPANY m' Wrothsby. m' Geo: Sandys, m' Robte Smith, m"' Linsey. m' Palauacine. m' Whitley. \a! Sheppard. m' Craumer. m'' Scott. in''Nicho: fferrar. m"' Rugles. m"' Darnelly. m' Bland, m' Bull, m"' Cart Wright. m' EdwardC. m"^ Bernard. m"^ Lawrence. m' Loner. ra' Widdowes. m' Berblock. m' Case well. m'' Swinho : m"' Chamberlen. m"^ Couell. w"" divers others. MyU.: signified of My Lord of Southampton signified vnto the Company that he had hia Ma": gracioua ^^^^^ mindefull of their former requests, and for that cause had that anawere to their ^ ' Ire. morninge been w my Lord of Doncaster, to §knowe§ his Ma": answeare concerninge their letter w""" his Lop: had formerly pre- sented to his Ma"* : who reported that having the same day moved the kiuge to that purpose: It pleased his Ma*'": to say (having read the letter) that he found nothing therein w*^*" might not in reason be granted: And therfore they should finde him ready to doe this Hie Ma"': was will- Company all the favour and right they iustly could desire. And ^°^J^^'™^''' *^'''' touching there request to renewe theii- Patent, his Ma"": 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 w"*" cause his pleasure was that after they had finished the same, his learned Coun- sell might pervse it ; w"** afterward according to their owne desire might also be confirmed by Aete of Parliament ffor w"*' most gracous and Princely favo': extended towards them, the Court w"" exceeding great ioye and comforte did generally testifie their infinite bounden thankfullnes vnto his Ma"" : as likewise vnto his Lo^ : and that other noble Lord : who had togeather taken so gi-eat paines and Care in a buissines of so gi*eat importance and consequence vnto them all. [184] S'Wiiim Moun- rpj^^ (i^afte of S' 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 w"'' were thought JANUAR Y 29, 1G20 439 not sufficiently explained and liaving 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: recoinendinge Adaieongtobein- the Care hereof to see it done to those former Comittees appointed ^^ to examine the same. viz'. 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 Vu-ginia shall have also excepted. 3. Thirdly that the Clause touchinge examimacon vpon oath be cleane left out. 4. ffourthly that there be an exception of all Mynes & Minneralls. S'' Edwyu Sandys signified that my Lo : of Southampton being one of ^ p*^°' grantci the greatest and most auncient Adventurers of this Company having ^^ o sou now a desire w*** the helpe and Assistance of some of his freindC to vndertake and advance a perticular Plantacon in Virginia, to the number of 300 shares, moved that a Patent might be gi'anted to his Lo'': and order taken for some plparation in the meane tyme to be there made, for the better encouragem': of the Adventurors and set- ting forward of so noble a designe ; w*^"" mocon the Court generally condiscended vnto, as beinge willing to giue his Lo^: all the hellpe and furtherance they could in an Action so full of bono" : and fey w"*" by example might [185] drawe on others, w'" like resolucon to advance more pei'ticuler Plantacons in Virginia and thereby in shorte tyme replenish that Country w"" good multitudes of people. The Secretaries peticon was referred to the Auditors and Comittees The Seor^ Peticon to be considered of who are desired to certifie what they shall thinke ■■*^*"**^- fitt to be donne therein. 440 RECORDS OF THE VIRGINIA COMPANY m' Markhama re- The Auclitors being put in mynde of m' Markhams request for some ward respited. allowance foi" his paines extraordinary in the Companies service. It was thought fitt to respitt his reward, vntill they had fi;rther pceeded in S' Thomas Smiths Accounts, whereby his desertC that way would the better appeare. My Lo: desired to After thcsc busiuesses Were thus ordered : and the Court nowe full, oHheir Goaw" ^^Y ^ord of Southampton moved that if the Company so pleased they would now goe to the eleecon of their newe Gouerno'' of Virginia who was to succeed S' George Yeardly after the expiration of his said Comission (w"" is to determine in Nouemb : next, S' George Yeardley having then allso a desire to release and disburden himsellf of the said place of Gouernm' : ) The Court therf ore proceeded having agreed to a present eleecon my Lo : prayed the Company that if according to his former admonition they had bethought themselues of auj^ 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 w"' S' ffrancis Wyate who was formerly proposed and recomended vnto them/ S' ffrauncis Wyate g^^^ j^q other persou 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 w*^ the whole consent and appro - bacon of the same, (save two only^ [186] whose balls were found in the negatiav box) chosen to be the successiue Gouerno'': of Virginia L-n^wif m^^^S ^^^^^ ^' George Yeardley : w^*" place S' ffrancis Wyate having w'" thanks c. much thankfullucs accepted of, and with a free acknowledgment of his affeecon and resolucon constantly bent to doe the Company the best service he could in that place : It was likewise moued that for f u™"r^, p^"'^ bis better encouragement herein the Court would be pleased to sell. bestowe another favo'' vpon him by admitting him one of his Ma": Counsell here for Virginia w'''' mocon was thought very reasonable ' I^etters from Sir George Yeardley to Sir Edwin Sandys, concerning his desire to be released from ofl'ue, are mentioned in List of Records, Nos. 247 and 254, page 148, aiUe. "Two blank pagea in the manuscript, not numbered, were evidently unintentionally passed over by the copyist. FEBB UAR Y n. 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; S' Edwin Sandys. S' lohn Dauers. S^ffran: Wyate. m' Deputy, m' Wroth, m"^ Wrote, m^ GibbC. m' Sheppard. m' Case well. Present m' Smith. Captain Bargraue. m' lermin. m' Doctor Anthony. m"^ George Sandys. m' Hicks. m"' Nicho : fferrar. m"^ Cranmer. m' Beareblock. m^ Whitly. m"^ Palmer, m'' Widdowes. m"^ Bay nam. m' Edwards, m"' Melling. m' Roberta, m^ Viner. m' Smith, m"" Chamberlen. w**" divers others. S' Edwin Sa ndys 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 *°°*, absence ae- Ti !• • IIP 1-11 s""^ '° ^ *^^" to be here at this present meetmge ; and thertore 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 defects deciaracon of he had noted in all the former Patents, also to supply out of them, p^^t^^^ ^^'^ and other PresedentC 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 preiudioe, the same being once passed vnder the Seale and confirmed by Act of Parliament. But before the reading of this Newe Patent, he desu-ed 442 RECORDS OF THE VIRGINIA COMPANY to acquaiute them w'" some alteracons he had made therein, differ- ing from the former Patents, especially in two points namely in the head, and in the body thereof, ffirst in the head, That whereas in the former Patents 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 Incorporacon he said, he had likewise differed from the former in two points : 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 th erf ore thought good in this to name only the LordC of the higher howse of Parliament, and add therevnto these words comprehending in effect all the rest : viz : togeather w"" all other [188] Adventurors and Planters in Virginia C. some other necessary alteracons and addicons, he said he had made in some other parte of the said Patent, w'*' in the reading he would notifie vnto them desiringe their attcntacon attencons to the reading thereof, and to giue their best advise about the same. The Court 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. A mocon of some Jt was also moved by some of the Somer Hands company that y" Court iiandsWmp"'sig- would plcase to thiuke of some Course that might be forthw'" taken nifying y great iu hand either by peticoninge to his Ma"^: or to the howse of Parlia- losse they haue j^g^f \^q declare thereby the great hinderance and losse that both the suatavned by y* ' j o • r^ ute 'Prociamacon Plantacous had susteyued by the late Proclamation and Graunt of the ^'- sole importacon of Tobacco to certaine Patentees : As likewise vnder flrawen to j"* lower house of ParliamV FEBR UAR 7 n, 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- con but have also restrayned them from sellinge their Tobacco lately brought from the Somer Hands w'^out their Scale & allowance first had for w"'' they were to pay for garblinge the same after the rate of fower pence p ". 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 Hands. And therein to complaine of the former greivances tendinge to the vtter destruccon and overthrowe of both the said Plantacons, 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 Ma": gracous pmission intended vtterly to extinguish. [189] It was therfore ordered that a Comittee should be appointed for draw- a Comittee for ing the said peticon and for this purpose nominated S' ffrancis Wyate p^'^^"^ ^ ^^^' m' George Sandys and m' Deputy fferrar who are desired to take some paines therein and to make it in substance agreeable to that w"" S^ Edwyn Sandys had deliuered vnto them. 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 - ^"^""^ " vnto, it was generally well approved of, and thought to be drawne fully and exactly, for w"" the Company gave vnto S' Edwyn Sandys many deserved thankC for his great paines taken therein. Herevpon m' Wrote tooke occasion to pray the Court, to take into ™' ^rotes mocon consideracon such suit? as now depend betweene the Company and g°i°j^ °!^°^epend any person, being heretofore coinenced in the name of the Treasurer between the Com- and company (w""" by this newe Patent was hereafter to be called the ^*"-^' "^ *"•'' °^^^^ —-, _^ person vv • Gouernor and Company) were not so concluded, as they must of necessity be inforced to begin their suitC anewe : wherevnto answeare was made that this change of Title could be no preiudice at all to any such suites considering the former PatentC should not be surreudred but remaine still in force. 444 RECORDS OF THE VIRGINIA COMPANY The LL': desired gf Edwyii Sandy s havinge moved that some might be appointed to Ma" "^ n^a^rant to soHcite the dispatch of this newe Patent vnder Seale and to procure m' SoUicitor. the king< warrant to m^ Solicitor to make the same ready for his Ma" : signature It was desired that the lord^ might be intreated on the behallf of the Company to take that paines to procure the said warrant and to hasten the dispatch thereof w"" some expedicon. [190] A Comittee to pe- Captainc Bargraue havinge presented a treatise w*"" he had made ^estrMtiee. concerning the gouerment of Virginia moved, that a Comittee might be appointed to peruse the same wherevpon the Court nominated S'' 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 hono^'" The Ea: of Huntingdon. The Ea: of Southampton. S'' Edwyn Sandys. S"' lohn Dauers. S"^ John Wolstenholme. S'' ffrancis Wyate. S"' lohu Brookes. S' Walter Earle. m"' Gibbs. m' Deputy. m'Phil: lermyn. m' Chris: Earle. Capt: Bargi-aue. m'' Rogers, m'' Berblock. m' Sheppard. m"^ Cranmer. m' Boothby. m' Bennett, m' lad win. m"^ Hamor. m' Tucker, m'' Coombs. m' Baynam. m' Hackett. m' Newport, m' Ewen. m'' Viner. APRIL m, 16M 445 Docto': Wynston. m' Palavacin. m' Peirce. m'' Cuff. m' lohn Smyth. ni' Smith. m' Barbor. m' Canninge. m' Moone. m' Leauer. m' Widdowes. m^ Woodall. m' Keightly. m' Bull. m' Meuerell. S' Edwyn Sandys being desired to make reporte what had ben done ^' E^^yn Sandye conc''ning the newe Patent, signified vnto the Company, that whereas ^^^ "^^^ ^^^^m the Lo : Viscont Doncaster had form91y plsented a letter from the the new Patent. Counsell to the kinge, wherein among other things they did humbly entreate his Ma'': 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 Ma"^ : to signifye his graceous pleasure by my Lord of Doncaster to m' Attorney generall for drawinge vp the same : To w'''" end he said, that he and m"' Herbert and m' Deputy had attended m"' Atturney about the same, presenting him the drafte w'^'' had formerly been read here in Courte: and having acquainted him, w'*" the order he had vsed throughout the said booke by reducing it into three head< viz', the first contayning such ymunities as had been graunted in their former Patents, the second some addicons as they had taken out of the Somer Hands Patent, the third such newe clauses as tyme & experience had taught, to be necessary for them : wherevnto he added likewise a fourth w'''' was the amplifyinge and enlarging some neces- sarie points as were in generall word^imployed in their former GrauntC. In reading whereof m' Attorney well obserued that their newe Incor- poration differing in name from the old (the Tfer beinge in this called by the name of Gouerno'' : ) was not warrantable in lawe in that manner as they had drawne it, w^'out surrender of the form9 Pat- ents, for that it did thereby imploy two distinct Corporacons : Biit this point m' Atturney vndertooke to amend by altering the forme, and framing it another way : But as for such new clauses & addicons w"** they had made, m"' Attorney desired he might have a speciall warrant from his Ma"^: to that effect: To w"*" purpose S' Edwyn Sandys said there was nowe a peticon drawne to be exhibited to his Ma"° : for procuring a reference to such of his Highnes most hono*"'^ : 446 RECORDS OF THE VIRGINIA COMPANY priuy Counsel! as it should please his Ma"^: to assigne, to take con- sideracou of those newe clauses w"" they desired to be inserted in their Patent w"" peticon my Lo : of Doncaster out of a noble desire to farther all occasions tendinge to the good of the Plantacon was pleased to vndertake to present vnto his Ma"' : and to solicite for answeare touching their request. [192] m' Edward Ben- gr Edwyu Saudys moved that in regard m' Edward Bennett a Cittizen nett ma e ree. ^^^ ^^ y^^Yi. deserved of this Company by a treatise w''*' 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 w"" mocon was thought very reasonable and being put to the question was generally assented vnto and confirmed by ereccon of hand^. CaptwiiTmNewce Whercas Captaiuc William Newce out of a generous disposicon and lOOTperso^a"^^""^ dcsire to advance the generall Plantacon in Virginia (being induced herevnto by reason of a good successe he had in Ireland vpon the like worthy Action) hath freely offered vnto the Company to transport at his owne cost^ and charges 1000 persons into Virginia betwixt this and midsomer 1625: to be there planted and imployed vpon a pertic- ular Plantacon : and intendeth to goe over himsellf e in person, the better to direct and gouerne his owne people over whome he prayes, his request for a \yQ jj^^y be appointed their Generall and to that end desu'eth a Patent w"" that proporcon of land, and w'*" such large and ample priviledges besides, as are vsually graunted to others in feet ||the like|| kind. And further aswell in consideracon 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 his request for y' Marshall in Virginia, which oflSce he affecteth the [193] rather, in Virginia ^ bccause he hath ever been exercised in Military affaires and Armes, (as may appeare by his many worthy services performed in Ireland, well knowne to diners bono'''*: 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 TenantC vpon the land< to be alotted vnto the said office, w"** he vndertakes to transporte and furnish w"" apparell and necessary implements for 8" : the pson charge vnto the Company (whereof the Moytie he desires present jjayment) w''*' 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 proposicons (concerning w''*' the Counsell had also treated w"* him formerly) were pleased to giue order that a Patent should be drawne for him, as ample as any a Patent graunted other, w**" all manner of priuiledges, saving the Tytle of Generall, "™ w* they could not graunt him, because it was a tytle properly belong- ing to the Gouerno' only. And forasmuch as Captaine Newce hath given so large a testimony "^^e place of Mar- of his experience and skill in Marshall discipline wherein he hath g, ^jj^''^g'^ce. '^ bene exercised and imployed a long tyme, vpon many seruices in Ireland, as allso in matters of fortificacon and other warlike experi- ments 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 Plantacon (w"*" is like to proue a matter of great consequence vnto it) in consideracon 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, w"" 50: ^- »«" *« ^ *'■ men to be his Tenants. And if the State of their Cash (w'^'' 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- -^ Coaittee ap- pany and him : It is agreed and ordered that y* generall Comittees ^'^-^^^ assisted w**" some of the Counsell hereafter named, shall further treate and conclude w"" him about y^ same, touchinge all pertieularities whatsoeuer, and to this end are desired to meete at S'' Edwyn Sandys house vpon Saturday being the 14*'' of this present Moneth. 16455— VOL 1—06 29 Counsel 1. 448 RECORDS The names of those of y" Counsell that are OF THE VIROINIA COMPANY desired to Comittees vizt. assist the are these S' Edwyn Sandys. S' lohn Dauers. m' Sheppard. m' Deputy, m' Gibbs. m' lermin. m' Wrote. ni' Doc : Winston. m' Keightley. The names of the general! Comittees are these vizt. Comittees. m"^ Cranmer. m'' Bearblocke. m' Bull, m' Geo : Smith, m' Casewell. m' Melling. m' Barnard, m' Boothby. m' Nich : fferrar. m' lones. m' Clarke. m' Bland, m' Wiseman, m' Chambers, m' Wheatley. m' Darnelly. My U:Berkiyad- M' Smith signified vnto the Company that my Lady Berkley out of a mittedtobefree. ^ggj^g ^q be a member of so bono"'": 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 w'^'' shee would pay in her 12" 10'. And therfore [195] moved her la": might be admitted into this Society: which mocon was thought very reason- able and was generally assented vnto. m' onisworth to jje likewise moued that in regard m'' Ouldsworth (now in Virginia) spii'o'rs^tein'vi"- wheu he was in England lyved in that reputacon and Creditt as ginia. befitted a gentleman of his ranke and quality being a Justice 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, w*"" mocon 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 personal! merritt and worth. The Comittees to yr Ed^.yn Sandys moved that for so much as S' ffrauncis Wyate, is by charge c y> is to ^ general! eleccon appointed to succeed S' George Yeardley in the place be prouified for S' of Goucmo' over the Colony in Virginia ; whose Comission determines ffra:\\yate. j^ Novemb : ncxt : That tlierfore the general! Comittees, assisted w'" APRIL m, 1621 449 those of the Counsel!, 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 himsellf against his goinge : w**" mocon was thought very important and therfore the Court ordered it, to be referred to the Comittees formerly nominated. Captain Mathewe Som-erC peticon is referred to the examinacon of the 9*pt- '^meKpeti- said Comittees befoi'e whome he is required to make it appeare what '^'^^ ^^ ^"^ ' was due vnto his Vncle S"' 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] S"' Edwyn Sandys moved, that for somuch as S'' Richard Bulkley hav- a Patent to S' ing purchased two shares of land for w"'' he had paid in his 25": "^ ' ""^ *^' intended nowe to make a perticular Plantacon 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: w''*' mocon was accord- ingly assented vnto. S' Edwyn Sandys signified that there was one (vnknowne to him by The treatise of de- face) was nowe in hand w**" an excellent Tretise consisting of these bT'^readv^ae'- l-* five speciall head^ Defence, Plentie Health, Trade and Manners, all next meeting, tendinge to the reformacon 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": of Virginia, ingot staple Com- from tyme to tyme (to the infinite preiudice of that Plantacon) in that odities. they haue not duely performed those direccons, which haue from hence been Comended, to their care and execucon, whereby little or nothinge hath been effected, answearable to the gi'eat care and charge the Company haue been at, for planting good and staple Comodities 450 RECORDS OF THE VIRGINIA COMPANY in that Country, to the great scandall of the gouerment there, and noe lesse discouragement of the Adventurers here, that for reformation An officer to be hereof such an [197] officer may be chosen, to be sent thither, who of^a Trei'uroT "^ flight iu 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 w"** a good Account wilbe expected) to see those direccons and comaundement< w''"' 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 : w''*' mocon the Court greatly applauding, as that w"'' carried w"" it the greatest consequence, and being desirous that such an important officer, might be forthw*"^ 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 narned for Treas- j.gpu^g(j Qf ^ f^j. j^jg approucd fidelity Sufficiency and integrity : as they conceaved a fitter man could not be chosen for that place and there - vpon agreed to his eleccon ; referring him to the former Comittees to be further treated and concluded with concerning the same. Herevpon, and vpon declaracon of the State of the newe Patent made m' Smith? mocon by S' Edwiu Saudys, m"' Smith tooke occasion, first to ptest that his tnminng >' newe ^^^^ ^^ ^^^^^ ^^ j^^^^ ^^ spcake, reflected not either vpon y" person of the nowe Gouerno"' : in Virginia, or vpon the new Gouex'no"' here in Court, or vpon any other in perticular but for the generall bono'' : and welfare of the Plantation, was to entreat of my lord of Southampton & the Counsell: that in the said Patent (if no such [198] addicon y' y* Gouerno' of of powcr were therein inserted) authority might be given to the q'uSbnedlnEng^ Quarter CourtC, to question the Gouerno^ of Virginia here in England c if the ill merritt of his government should so deserve, and to punish him by fyne or otherwise, ffor he could not but declare that not APRIL 12, 1621 451 publicum but priuatum comodum did seeme to have ben their endC of effecting that place : for his private letters (whereof he had at tymes receaved aboue forty) did as he thought truely informe: That no direccons or instruccons (which w"" singler wisedome dilligence and care) had from tyme to tyme issued from the Treasuro'' : and Counsell here ; had been put by them in execucon to the losse of many mens lives there, to the hinderance & scandall of the whole Plantacon and to the disesteeme and slightinge of the psons of the Treasuror and Counsell here, and the authoritie of the whole Court, w'^'' he onely presumed to coihend to their consideracons. But herevnto answeare was made y' it was the opinion of m"' Atturney generall vpon a smaler ^''® option 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 w"" such a clause the house of Parliam'. ^"^'^""i" '^^piace 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 Acts of Parliament touching that point.' M' Smith likewise moved : That for so much as y* lottaries were now ™' Smiths Mocon suspended, which hetherto had continued the reall and substantial! to"^ ^ p„j ^nt^L food, by which Virginia hath been nourished: [190] 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 Plantacon in the popular opinion of the Comon SubiectC, 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 line and be transmitted to all posterities || : As namely 8"^ Thomas Dale S' George Soiners 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 bono'''*: and good deserving^ comended to eternall thankefullnes, for that our inhabilities had as yet no trewer Coyne, ' This is the last mention of the new patent. See Introduction, page 102, anle. .jr)2 RECORDS OF TllK VIROINIA COMPANY wluM-cwitli to rocoiiipoiu'o llu'ir puiues uiul nuuTitc, affirining also, that tli»> Ix'st now plniitiHl \nxv\(. of Americji, viid'' the Spaiiisli gover- mont nor their Aiiiuilos or liistories of those times, in their like ages of ours no\V(^ VI yi^anw old Virginia affordtnl better matter of relaOoii then N'irginia liatli donn; and doth, which what elTect smdi a gtuj- crall history (dcducHMl to the life to this yeare) would W'orke through- out the King(h)nie with the g(MUM'all and eomou Subieet, may be gathered by the little PamphlettC or deelaraeons lately printed: And hesi(h'S f(nv<^ sueeeedinge yeares would sooiu^ ('onsunu> the lives of numy whose livinge memories yet retayncnl much and devouered those letters «fc inttdligiMiees whieh yet remaiiu> in loose and neglected papers: I'oi- w''' boldnes in niouinge hereof he prayed his Lo'": ])ar- don, ledd herevnto vpon the request of some of his fellowes of the (lenerallity. [200] w"'' worthy speach had of the whole Court a very great !vi)plause as spoken freely to a speeiall purpose and therfore thought titt to be considered of and put in prac^tise in his due time. And for w"** also, m' Smyth (as lu'eferi'ing alwaies mocons of speeiall consequence) was exceedingly comendud.' A PujsPAiuTiuE Court kor Virginia 30: Aprilis 1G21: Prkhknt : iS' lohn Dauers. m' Inland. nf Melling. S' ITrilncis Wyate. m' Henry Rainsford. m' (^eo: Smith. S'lliMiry liaynsford. m'Edw:(Hbb€. m'^ Meuerell. ni'' l)(>puty. m' Rogers. m' Wale. nrOihbt:. m' ('ranmer. m' Parker. m' Wrote. m' Challoner. m'Nich: fferrar. 'TliiH liooU iH not HUHiii ri'forroil In, but ia iloubtK'HU Jolui Smith's " Tlu> Cionorall Uistorieof Viruiuia." APRIL 30, 1G21 453 Capt Nowc.e. m' (}(!() : Sandys. Doctor Anthony, m'' Smith, m' Sh(!i)})(Yr(i. ni' Steward. Captain Tucker. m' Whcatly. nr Hootli))y. m' Barber, m' Couoll. ni'' Conib.s. ni' liull. m' Casewoll. m'' Riif^'Ics. m' \Vi(hh)we8. m' Baynam. m' Ewens. Whereas it liath been taken into considisracon howe impoi-tantly Tho offlrors of ncccssai-y it is to ()sta))lish two siicli oflicci'S in Viri^inia as Mai'shall ■"^'"™'"'" * '"''"«»• •' ... "'■"'■ liclu very and Trcasuror whereby the o\w niij^lit take into his can* and charj^e m-ceaaary. aswell th(i fortiticacon Armes and forces of the Colony there, and t(^ cause the peo})lo to be duely trayned vp in military services and iu the vse and order of Armes, and so fi-om time to time to [201] mayn- taine the greatest strenj^th that may be against all forraigne invasions, And that the other, might not ontdy w^'" like care take int(j his Charge the KentC and debt^ that now and here after shalbe due vnto the Company (there being alr(uidy aboue 1000" to be answeared vnto them) but furthei* also see thost* dire(;cons that \w shall receave from home for the setting foi'ward all staple Comoditi(!S diudy and faith- fully executed from time to tyme (wherein a very gi-eat negle' n«>wo«' for recomended vnto this ('omjtany by divers bono : persons ot this ^,^^^,, kingdome for his lidelity iudgement and suflicienc^y 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 i>laco of Treasuror be(;ause in' Sandys was in lik' Wysemans carry no more then 80 men [204] and them at 6" a man after w"" rate " he desires to have the whole payment in hand : he demands likewise for each tun of goodC 3" : & to carry no more then may conveniently be stowed in the Hold, w%ut pestering the deeke. He hath promised likewise to allowe to every two Passengers one Chest, fraight free: And further for his fraight homewards he will take it as it falls out and offereth to bynde himselfe to bring the Companies Tobacco at 3** the pound or otherwise to leave it, at their pleasure for the price and 456 RECORDS OF THE YIRGINIA COMPANY whither they will accept to have it brought in his Shipp or no ; w°* 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- "^ch pi-Qposicons the Court thought Very reasonable and therfore rec- Qulrter Court. "" "nicnded it to the Quarter Court, and w^'all enioyned the said m' Ewens, to haue his Shipp in a readines by the first of luly next, either at the He of Wight, or where the Comittees shall appointe, whome he is required to attend for that purpose. S' lohn Dauera gr \q\^^ Daucrs delivered (and referred it to the Consideracon of the Tildaiottin^'^aii"^ Courte) a moeon that fell out to be made after the treaty of the Com- Gou9no"and other ittccs couceming the former officers was concluded: w'^'' was that in officers Ten ntc ^.gnniard of the vsuall constitucou of men and land^ to belonge to every into y' number of ° o j the Pubiique: chcif officers placc, and some reason & experience had found that the officers Tenants were cheifely reguarded and the generall Companies Tenant? the more neglected : it therfore might be fitting to cast and allott all the Gou9no" and other officers Tenant? into the hmber of the pviblique and out of [205] the whole proffitt? belonging to the Com- pany, and the said Gouerno'': and other officers should have their p" proportionable to the number of Tenant? appointed vnto them. By w''*' meanes there would be a more generall care for the advancing pubiique affaires and proffitt of the generall Company since all the officers interest and Comodity was therein imployed ; which mocon being conceaved an Innovacon 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 governm*: & conse- quently a discontent then such a due reformacon as might be hoped. Nevertheles it was worthy consideracon whither the Treasurors place and other hereafter to be established might not very fittingly be referred to receaue their proporconable mayntenance from the proffit? of the pubiique Tenant? 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 : w''*' mocon was thought fitt to be considered of hereafter. APRTL 30, 1621 457 M' Wrote moved that for somuch as the Gouerno" : hetherto as he m' Wrotea mocon had heard had not donn according to their instruccons to cause their ^, ' *^ °eg<-<.-t of ° Oou^nors in not Tenants to plant and builde howses whereby they might haue a fixed buiidinge howses. place of abiding and subsistence that therefore the newe Gouerno' ^'■ and all others hereafter might be the more strictly dealt w^^all, in their Instruccons concerning that point whereby the Comf)any may not be inforced hereafter at the seaven yeares end to send over fresh supplies of psons vpon a newe charge w'''' mocon was thought fitt to be recomended to the care and consideracon of the Counsell and to insert that Prouiso in his Comission and Instruccons. Whereas in respect of the personall worth and merritt of m'': Ouls- The Place of Coun- worth nowe in Virginia a mocon was made for conferring A'pon him ferr'^onm'o'uis- the CbanBcllo'ebip ||ChauncellorP|| : wherein he had [206] some good worth referred, experiences : It was auns weared 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 gentleinn had there vnto. M' Deputy acquainted the Court that for so much as the orders of the ^^'^^' °®f "" '"^ Company did require every officer to give vp his Account for the e!)unt.^ " '^ yeare past at this Quart' Court according to his place he thought good for somuch as concerned him ft»4 to yeeld them a true Account (not doubting but that pte of Account w"*" conc'ned my Lo: of South- ampton himsellf it would please his Lo" : to relate vnto them to their good satisfaccon.) Concerning m' deputies Accounts he shewed that whereas he had Concn'^g m' Dep- receaved divers Somes of money of his Lo^: to be disbursed by him and the Comittees in making provisions of all sortC 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 sort^ 458 RECORDS OF THE VIRGINIA COMPANY of provisions vpou their CredittC hoping to have receaved money ere this tyme from m' Barbor for clearing those debt^. Wherby his AecountC might have been perfected against this Quarter Coiu't. 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 p!sently able to be turned into money, w^'out to great losse but hoped it would by the next Quarter Court w"" would be about five weekes [307] hence; for these reasons he did humblie entreate this Court that they would m' Deputies re- j^g pleased to respite his Accounts till the moneys were receaved for Accountr^^' '** the paying of such debtC as were to be discharged vpon the last yeares Account w'''' being cleered he promiseth to bring in his Account w''^ the Court thought verie reasonable. tonchingS'Edwyn Touchiug S"' Edwyu Saudys Account he likewise declared that in his ^an ys ccount. g^j^gg^gg j^g ^yg^s ^o 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 w"*" were ordered to be paid vnto him for discharge of the fraight of divers shipps, and other things, w""^ Shipps for somuch as all of them are not yet returned but daily expected he therfore desired his Accounts might likewise be respited till the next Quarter Courte after this: By w* 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 w"'' he stoode engaged, w"'' mocon was likewise thought very reasonable and of necessitie to be graunted. m' Morewood re- ]yjr ^ucker movcd in the behallfe of one m^ : Norewood whome hee tees to be treated wi^H-h comcuded for his approved skill and experience in surveying w>'^- of landC and for so much as there was so great vse of such an officer in Vu-ginia for meating out and distinguishing the true lymittC and bounds of each pticler 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 w**" about the same. APRIL 30, 1621 459 M': Deputy having informed the Court of m' NewlandC good affeccon ^'- ''^'■«' of Land to the Plantacon and of his extraordinary paines and care he had ^•e,^.laDd. taken about the Shipping of the psonns transported in y* Abigaile taken in at the He of Wight : In consideracon whereof the Court was pleased to bestowe vpon him "S" shares of land, recomending the same to the confirmacon of this Quarter Court. [208] It was likewise moved that for somuch as m' Bonnall keeper of the Two Shares be- kingC Silkewormes at OtlandC had so well deserved of the Company ^'.V^XTttS'to by his Care in procuringe the ffrenchmen from Languedock w** were be free, heretofore sent to Virginia and had likewise reported well of Virginia to his Ma*^ : 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^ w*'' 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 consideracon the many buissinesses incident to the Secretaries office (farr exceeding that w"" was donn by the The secretaries former Secretary) thought i* fitt in consideracon thereof to enlarge ' ^ ^^^ ^" ^"^^ ' his Salary from xx" p Ann : to 40" : for the time to come and for the yeare past to reward him w*'' 20" : more then his former stypend in respect of his paines extraordinary. S' lohn Dauers signified that it was the request of my Lady Lawarre vnto this Courte that in Consideracon of her goodC remayning in the hand^ of m'' Rolfe in Virginia shee might receave satisfaccon for y* same out of his Tobacco nowe sent home, But for so much as it is supposed the said Tobacco is none of the said Rolf<, but belonged to m' Peirce, it was thought fitt that m' Henry Rolfe should ac"quaint my Lady Lawarre of his Brothers offer (as he informes) to make her La^ : good and f aithfull Account of all such good? as remayne in his handC vpon her La"': direccon to that effect. [209] 460 RECORDS OF TUE VIRGINIA COMPANY My Lady Lawarr j^ ^^^ Signified vnto the Coui't that my Lady Lawarr and her sonne Carter*'^ ° ™ had assigned 40: shai*es of land in Virginia vnto m' Carter for sun- drie Adventuro" of the Company w"" they desired might passe the approbacon of this Courte w"** being allowed by the Auditors was gi-aunted. Where, vpon, m' Carters moving to passe these shares followinge, his request was graunted. Shares passed by rj.^ ^^^r gg^ry Rainsford 2 shares To m'' Craddocke 1 share To m'' Palmer 1 share To m' lohn Harte 1 share Tho: Colby his re- Thomas Colby of London Silkeman peticoning for the Adventure of qaes graun . ^^^ 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 vpou like rcquest passed these other ||shares|| following viz*. m' Dowries s- 2: shares from m'' Lott Peire to m"' Barbo'. shares to m' lohn 3 • sharcs f rom m' Downes to m'' lohn Smith Smith. to'hfu^ liis'^sharr ^P^^ request of m' Raph ffogge that he might have the shares passed confirmed vnder vuto him by assigucm' : Confirmed vuto him vudcr the Companies Scale, y Comp": Seaie. j|; -^^s 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 Scale of the Company in i-egaurd that papers were apt to be torne and lost. m' Wood all re- ^t 'vVoodall is required at the next Quarter Court in Middsomer Terme answere. to make his psonall answeare to such scandalous speeches as he had form^ly divulged in disgrace of the Booke authorised by his Ma": Counsell for Virginia and in the meane time he standi suspended from cominge to Courts. [210] m' Capps peticon jyjr (j^pps having put a peticon to the Counsell and Comittees at their y newe Gouemo''. ^^^t meeting, for satisfaccon of Certains land w"'' he said was taken 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 satisfaccon but to leave the matter to be fully examined by the Newe Governo': and therein they promised Justice and equity. But in regard the said m' Capps was knowne to have donn much serv- ^' Cappe to haue y' paMag men free ice to the Company in the space of 12 : yeares w% ||whilst|| he lived in ' ^^^^ °' ^• Virginia and had not receaved the Reward of " 2 " Kyne w'''' y® Comp : had three yeares agoe given him, (as some of the Company remem- ber) They thought it therfore fitt (w'^out preiudice he pretend? in y^ land) to bestowe on him the passage and transportacon of five men in reward of his good service: To w''" the Courte gave consent and referred the Conclusion to this Quarter Courte. M' Henry Rolf? peticon in the behallfe of his brother lohn Rolfe in m' Henry RoiKp*-- Virginia, is referred to the Auditors and Comittees to be examined, *"^°° referred, who are desired to make report what they shall thinke fitt to be donn therein. M' Thomas Harteastles peticon is referred to S' ffra : Wyate who at ™' '^^°- Harteast- '— -3ticon re- to S' ffra: his arryvall in Virginia is desired to make enquiry touching such good? ferred* '^"" 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, lohn Whitton, and William Danby, being both transported at their said fathers charge. M' 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 ™' Suikiies Pat- was nowe read and recomended to the Confirmacon of the Quarter ^° Court. 462 RECORDS OF THE VIRGINIA COMPANY S' Rich. Worsieia The Patent to S' Richard Worsly and the rest of his Associate was Patent like wise reade and recomended as afore said. Capt Newce his The Patent of Captaine Newce for a Plantacon was likewise reade Patent. , _ i , and recomended. M' Cranmer m' Bland m' Melling, m' Nicho : fferrar, by order of Court mett at m"' Deputy fferrars house the SO**" of Aprill, to examine the bookes what land was due to S'' George Suiners in Virginia. The ComitteeB re- gecoudly to See what proof es m' Mathewe Sumers could make that MathewTsumer?. ^^ ^^^ ^^ George Suiuers heire and that the land belonged vnto him. ffor m"" Mathewe Sumers appeared Captaine Bayly and two oth' gentlemen. Concerninge the first. The lournall and lidger being pvsed the Account was found to stand thus S' George Sumers is Creditor for sundrie provisions bought by him for the Company fol. 280 : 0939":— 14— 9^ S"' George Somers is deputor for seuerall Adventures 1 Q4f?o -i q r . of S' Thomas ffreake & others allowed him, as fol 28. I So rests due to S^ George Summers to be paid in shares of land Concerning the second pointe. 0475 —15—9". Captaine Baylie confessed y* S'' George Sumers had a brother called Nicholas Summers, w"" Nicho: Sumers had '2' sonns: Nicho: Sum- mers the elder, and Mathewe Sumers the younger to w* Mathew, they say S' George Soiners his intent and purpose was, that all his land and estate shoiild discend, and to that effect they produced the Copie of S'' George Sumers his will, but neith'' vnder Scale 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, y* S' George Sufaers bequeathed a c'^taine Porcon of land & 100" in money to his Nephew Nicholas Sumers vpon Condicon y' y* said Nicho: || Sumers || [212] should MA Y 2, 16^1 463 release vnto his brother Mathewe all manner of right and Title that the said Nicholas Could or might pretend to certain Mano" and other landC of S' George Soniers 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 land^ discended or discendable vnto him by S' George Somers by vertue whereof they challenge the LandC 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 Hono'"^: Earle of Southampton. Lo: Cauendish. Lo: Padgett. S': Thomas Roe. S': Edwyn Sandys. S': Samuell Sandys. S^ Nich: Tufton. S': lohn Dauers. S^ Walter Earle. S^ Rich: Worsely. S"": Henry Rainsford. S' ffran: Wyate. m"^ Deputy fferrar. m'' Toby Palauacine. m' Thomas Gibbs. m'' lohn Zouch. m' lohn Smith. Docto"^: Winstone. Docto"^: Anthony. m' George Sandys. Capt : W" Newce. Capt. Bargraue. m'W™: Oxenbridge. m'' Kempe. m"' Henry Rainsford. m' Edw: Gibbs. Captain Tucker, m"" Robte Smith, m' Challon^ m' Porter, m' Mooue. m'' Jefferson, m' Sheppard. m'' Nich : fferrar. 'The rest of this page 212 is, in the original, without writing. 16455— VOL 1—06 30 464 EECOEDS OF THE VIRGINIA COMPAXY m' Peniston m' Cartwright m' Wale m' Scott m' Palmer m' Newland m'Abra: Cliamberlen m'' Biddolph m' Boothby m' Tomkins m' ladwin m"' Rogers m' Clarke m' Wiseman m' Agres m' Bennett m' Couell m' Poulson m' Loner m' Bull m' Bland m'Rugles m'Gasewell 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 w"" divers others. My Lo: of Soutii- ]\j;' Deputy signified vnto the Company that my Lo : of Southampton ton can not be ^^ ^^^ y^^ \iQYGi at the begiiiing of this Court by reason of some pnte at v beginng o ^ ,> of >•• Court. 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 : where vpon after the ActC of the former Court were read, he began to remember them of those pticulars y* had been ppounded [214] in the Preparatiue Court and referred to the confirmacon of the greater Quarter Courte. The establishing ^q(J firg^ that whcrcas it hath been taken into consideracon how of '?tiarsha'ii and neccssary and behoufull it is to establish two such officers in Virginia Treasuror. 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 direccons 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 y^ 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. TheCornitteef-care ^0 w'='' cud and that thcsc officcrs might be mayntayned, care had offices.'"*'' ^ ^'^' been taken by the Comittees, assisted w"" some of the Counsell accord- ing to an order of Courte, and to state and endowe the said offices w"" a convenient Salary: w"'' they had proporconed in man9 follow- inge. \i4»ri^r- 4fi»>'- • /%*' />"•• •i»»T<'V IV. Writing of the Third Copyist (not identified) / Being page 214 of Volume I of the original MS. ;u ii. wi IS m' lad win ■a' Couell m' ra'Berblock Hinge m' iU' Peirce .^d i. ' I ' . ' MJ Jl : ■Jvh.i after the 1 , -r. , .;,..„, fyf nirt Quarter Courts. (btjiiijnabf ion) JeryqoO b-^'r^^^ ''■' ^- - -i-r^ W^57^racon how o in Virginia .cilVi lEnigiio ari? lo I ^jmuloV t»*iii ssr.f, r-noHji, ii;iit be AcCOUntaut '^arely accrue ' that kind) ce 1 1 shall;' caple Comodities the neglect ''' "^n: ■ y" f^ Armes and f strength as iiiuemyes. he mayntayned, care had of the Counsell accord - ,..:: , -,, t", ,.^j(j offices •ii^ follow ■«■'> I ;€;■■■ ■" .. / ,•■..■"■» . >;i' ■ |!.g:, •,.,.• .-'-- /.-.^ ;'./?i^^»^ ^v, .. .:v:^V MAT ^,1621 465 ffirst vnto the place of Treasurer they had allotted 1500 : acres of land '^^"^ Allowance. to be cultivated and manured by 50 : psonns to be placed there\'pon in the quality of TenntC at hallfC, to belong to the said office for ever: whereof 25 to be sent this present ycarc || voyage || and as many more the yeare ensuing : w"*" number of 50 psons y" Treasurer is bound to mayntaine and leave to his successor. Moreover towards the Charge of necessary provisions to be made for the said Treasure'' they had allowed (according to former Presidents) 150" : and the free transporte of his owne family not exceeding the number of 20 psons. [215] And vnto the place of Marshall in like manner they have thought ^'arshaiu auow- fitt to allowe the like proporcon of land and Tenants 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 recoin- endacon of his sufficiency to performe the said service, hath vnder- taken to plant and furnish out w"* necessaries, the said number of 50 persons all w^'in 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 towards the Charge of his present setting out, and other 200" : vpon Certificate of his arryvall in Virginia : w"*" severall allowance this Covirte 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 proceeding^ by instruccons. It was further signified that the said Comittees have likewise thought <^u'"ora Allow- fitt to allowe the Gouerno'' noe lesse then 200": for all necessary pvisions to be made for this his present voyadge w'" free transport of his owne family not exceeding twenty persons W" being now put to the question was ratified and confirmed by a generall erreccon of hands. 466 RECORDS OF THE VIRGINIA COMPANY S' lohn Dsuers Ypon this and the like vsuall constitucon of men and lands to belonge "rrTenmfmi'g'ht to everj Chcif officers place. S' lohn Dauers having formerly taken be cast into y' a fitt occasion to moue did now againe referr the same to the consid- company eracon of this Court: that seeing both reason and some experience had taught that officers did more regard, and labor more to advance their owne Tenants 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 Tenants [216] that belong to the Gouernor, or any other officer, and out of the whole proffitC belonging to the Company to propocon the said officers the same allowance ratably according to the number of their Tenants : conceaving it to be very probable that this Coiirse, 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. W* mocon this Court conceavinge it to be of speciall importance thought fitt to referr it to the further consideracon and determinacon of the Counsell. The bargaine The bargaine made w"" m' Ewens m' of the George, for carryinge 80. Ewena ^' "' persous in the said Shipp at vj" a man and 3" a tunne for goodC, (after w''*' 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.' The Contract w'" The Contract made w*" the ffrenchmen procured from Languedock e renc men. ^^^ 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- Patentfi. Three patents 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 no we put to the question were con- firmed and ordered to be sealed. ' For contracts with William Ewens, see List of Records, Nos. 256, 257, page 149, anit. MA Y 2, 1621 467 The Patent heretofore ordered to be {jaunted to S' Willm Mounson S' wiiim Moun- and his associate being nowe read and observed to be amended accord- 8^^°»Pa^nt sealed, 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 y* they might now goe in hand w*" buissines propper to that day w^" by his Ma" : tres Patents was ordeyned Cheifly for eleccon of oflBcers. [217] Wherevpon the names of the Auditors for the last yeare were Auditors Chosen, appointed to be read : w""" 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 viz' S': Edwyn Sandys. m' lohn Wroth. S'' lohn Dauers. m' Keightly. m"' lohn fferrar. m"" Craumer. And in respect m' Briggs was nowe gon to Oxford to abyde, there was chosen in his place m' Gibbs : All w'^'' being put to the question were confirmed and tooke the same Oath. Proceeding to the eleccon 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 y* like buisines) the Court chose againe twellve of them of the last yeare viz*. m"^ Cranmer. m' Caswell. m"' Bland. m' Berblock. m"^ Melling. m' Wiseman, m"' Bull. m"' Barnard. m"^ Daruelly. m'' Geo: Smith. m"' Boothby. m"' Nich: fferrar, 468 RECORDS OF TEE VIRGINIA COMPANY And having discharged one ffourth parte viz*, m^ lones m' Clarke, m' Chambers m' Wheately, choise ||was|| made of these fower in their places viz'. ni*^ Bennett. m' Biddolph. m"^ Ayres. m"^ Couell. Edward Collingwood Secretary Willm Webbe. Husband Frauncis Carter Beadle were confirmed in their former places and tooke their Oath. Capt Xewce chos- Proceedinge to the eleccon of Marshall for somuch as Captaine Wil- liam Newce was onely proposed to stand to the eleccon and te ||to be|| put to the Ballating Box, was by the same chosen w"* a generall con- sent (saue of three balls onely found in the negatiue boxe) to be Marshall of Virginia : in' Geo: Sandys M' Gcorge Saudys likewise being nominated for the place of Treas- chosenTrer. ^^^^^^ ^^^^ accordingly ballatcd §was§ w**" like consent (saue of 3 balls onely) chosen and confirmed to be Treasuro': [218] Marshall & Tfer It being movcd that two such eminent officers as the Marshall and .seii^hrre'&^oT"' Treasuror wherevnto so worthy Gentlemen are now elected might State in Virginia, be admitted both of his Ma" : Counsell here as also of the Counsell of State in Virginia. The Court conceaved it very fitt and ordered vnto them both accordingly. Ill' Ouisworth of M' Oulsworth likewise vpon m'' Smyths report and comendacon of his y' Counsel worth & sufficicucy (having been a Justice 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. The Auditors to A mocou being made y' the Auditors and Comittees might have some L" sharw"^ reward j-g^^j.^^ jj^ sharcs of land in recompence of their great paines and attendance vpon the Companies service. It was thought fitt the Comittee appointed for the distribucon of shares in that kind should take the same into their consideracons MAT 2, 1621 469 But in regard of the extraordinary well deservinge of S' Edwyn Sandys ^o- shares be- and his Continuall constant endeavo" : both before and in the time of ^*^ sandye. 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- fuUnes 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 y' might enhable the Company to be further thankefull vnto him : w"'' 20 : shares being put to the question were by a Generall Consent ratified and confirmed. ffor somuch as it hath been obsrved that the alienating and selling ^^e alienating 4 shares of land at an vnder value as comonly men do for 40 : or 50' : did ^ vndervaiue 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 bono''''' 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 plventing whereof it was therfore moved that y* Court would please in bestowing shares ||of land hereafter|| vpon merrite: to gi-aunt it w*"" [219] such lymitaeons, as no man may have liberty to sell, or shares given \T)on transfer his shares to any other for any consideracon whatsoever vnles ^y^"^""' ^ ^ the Comittee appointed for distribucon of shares should be moved •vpon some speciall reasons to give way therevnto: wherevpon the Court ordered that from this daye forward all shares of land given by the Company, shalbe lymited vnder the former Caution, vnles the said Coinittee shall thinkc otherwise thinke fitt to allowe thereof. The names of the said Coinittee are these viz'. S' Edwyn Sandys. vnto whome the S' lohn Dauers. Court have now added m'' Deputy fferrar. m' Herbert and m' lohn Smith. m' lermine. The five shares of land graunted to m' Newland as a free guift of the &■ shiires to m' Comp : in reward of his extraordinary paines taken in their service in " '''* "^ Bounall. 470 RECORDS OF THE VIRGINIA COMPANY taking care of Shipping their people in the Abigaile at the lie of Wight being now put to y* question was confirmed vpon condicon that he seU them not awaye. 2. sharen to m' rp^^^ shares of land given to m'' Bonnall in consideracon 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 condicon. m': Deputies re- Coucerniug m^ Dcputies Account he shewed that whereas he had Acconnt'^'"'"^ '^ receaved divers Sufiies of money of his Lo^ to be disbursed by him and the Comittees in making provisions of all sortC 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 y" pticulars to the finishing of it : In reguard that himsellf e and the Comittees for the more speedy dispatch of the said Shipps and people formerly sent had bought divers sortC of provisions vpon their CreddittC hoping to have receaved money ere this time from m' Barbor for clearing those debtC whereby his Account might have been plserved against this Quarter Court. 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 w%ut to great losse but hoped that it would be by the next Quarter Court w'"' would be about five weekC hence: for these reasons he did humbly enti^eate this Court that they would be jjleased to respite this Account till the next moneys were receaved for the paying of such debtC as were to be discharged vpon the last yeares Account w'^'' the Court thought very reasonable.' Touching S' Ed- Touchiug S' : Edwyu Sandys Account he likewise declared that in his To^t. *° ^^ ^ absence he was to signify vnto them that whereas S' Edwyn at the giving vp of his place, stood bound for the Company for certaine Sumes of money w"*" were ordered to be paid vnto him for discharge of the f raight of divers shipps and other thingC : w'''' Shipps for somuch as ' The Order in Council and the Proclamation of the King suspending the lotterieB are mentioned in List of Records, Noa. 231, 233, page 146, ante. MAT 2, 1621 All all of them are notyett returned but daily expected, he therfore desired his Ace*" : might likewise be respited till the next Quarter Court after this by w"*" 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 w'^'' he stood ingaged w"*" mocon was like- wise thought very reasonable and of necessity to be gi-aunted. The encrease of the Secretaries Salary from 20" : to 40" : p Ann and secretaries saUery his reward of 20": for the time past is likewise confirmed by ereccou of hand^. M' Capps reward of 5. men passage free at the Companies charge, in '"' Cappe to haue the passaj men free. consideracon of his many yeares service for the Company in Virginia "^ ^^^^^ ° w'" 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, xrealuror "'^''° they might notw'"standing proceed to the eleccou of their newe Treasuro'' for the yeare ensueinge : w"*" mocon being agreed vnto and my Lo: of Southampton onely proposed for eleccon his Lo^: was forthw'" 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 Lo": 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 maiier excusing his remisse coming to their Courts the yeare past, as allso the occasion of his longe stay this daye at Parliam*: w"" the Court did not onely signify then* readines to dis- pence w*", but rendered also to his Lo": the greatest thankC that pos- siblie they could for his hono'''^: care aed- paines and endeavo" to vphold and advance the Plantacon ever since his happj' entrance into this place of gouerm'. After this his L"" according to the standing orders of the Company Abcx)keof my Ua: delinked into the Court a booke of his Accounts for the yeare past -^^'>^''''^'- examined & approved vnder the Auditors hand<, as allso the number 472 RECORDS OF THE VIRGINIA COMPANY of the Supplies of people sent to Virginia the same yeare. But touch- ing the present State of the Cashe his Lo'' said he could give them as yet no Account: because the State was now already in Plate w"*" required some longer time to be converted into money. m' lo: Berkiy gr j^dwyn Sandys signified vnto the Company that whereas to their workes. "^ ™° gi'eat care and Cost of at least 4000": they had heretofore given direc- con for the setting vp of certain Iron workC in Virginia and to that end poured skillfull workemen for making of Iron they had receaved credible informacon that three of their m' workemen M^ere dead : In supply of whome, because the hope of that Comoditie alone is very great having already receaved a good proof e 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' lohn Berkiy who in the iudgement of those that knewe him well was helld to be very sufficient that waye) who did now offer himsellf to goe vpon the said service and carry over w"" him 20 principall workemen well experienced in those kindeof [232]workC. where vpon the Court thought fitt that the Com - ittees hereafter named or any five of them should treate * * * Comitteeatotreate and couclude w"" the Said m^ Berkiy and likewise w"" his Sonne being desirous to goe over w'** his said father touching theii* demaundC for performance of the said service. The Comittees were these, m' lohn Smith, m' Wrote, m' lohn fferrar. m'' Nieho : fferrar. Capt W™ : Newce. m' Berblocke. m' Norwood Sur- M' : Norwood being recomended by Captain Tucker for his sufficiency ^^^°'^" in surveying of landC 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 w"' him concerning some allowances to be given vnto him. w" m' Berklv. S^ Nicho: Tufton. S': lohn Dauers. S^: Henry Rainsford S^ ffra: Wyate. MA Y 2, 1621 473 The said Comittee are likewise desired to drawe vp a Comission for <^aptain Xewse his Captain Wittm Newce for the office of Marshall of Virginia to be ready ,i^^!a_ for the Seale against the next Court, vnto w'^'' authority is given by this Quarter Court to applie the Seale vnto the said Comission being once approved. My Lo : of Southampton signified vnto the Company that although the ^'P^t m-w Coun- number of his Ma" : 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 presents so often as they might have occasion ; he therfore thought it very expedient and necessary to make auoh ||some|| addieon 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 CourtC ||and|| in a manner be at hand vpon all occasions of service and therew*''all presented the names of eight Gent : w''*' his LoP. coinended to their good approbacon vizt S' Phil: Carey. m^ Edw: Harbert. S"': Edw: Lawly. m^ lohn Smith. S^ Walter Earle. m' lohn Delbridge. m'Nicho: fferrar. m''Nicho: Hyde. Who were all approved of and by a generall ereccon of handC admitted to be of his Ma*": Counsell for Virginia. [223] My Lo : of Southampton having taken his Oath desired he might have ^'>' ^^- ^°^^^ ^^ allowance of time and their dispensacon for absence, Concerning the w""* the Court fully declared that it was not their intent that his Lo^: should be further bound to the pformance of buissines of this Com-t then his owne more waightier occasions would pmitt. The like moeon S' : Edwyn Sandys made for himsellf in taking his Oath f ^ Edw:Sandy.to •' '' '^^ l>t'ais|>eu(."^ Willi. m regard of his dayhe attendance and imployment in Parhanient buissines w'''' was also graunted. My Lord further signified that it was his suite vnto the Company that "'J,,t^7J, ~°'*°' m' lohn fferrar of whose fidelity and sufficiency they had already so 474 RECORDS OF THE VIRGINIA COMPANY good experience might still continue his place of Deputy w"*' with a generall consent was very willingly condiscended vnto and chosen by ballating Box. A Patent to^ Capt ]\|y Lq . moved ou the behallf e of Captain Mathew Soiners that for so much as he vudertakes to transporte 100: psons into Virginia, to plant vpon a pticular Plantacon that therefore he might have a Patent to enhable him there vnto w''" the Court accordingly graunted. Capt Baylies mo- gy^ toncMug Captain Baylies mocon on the behallf of the said Captain conreerre . gomers that he might have 200": towards the Charge of planting the said number of 100 : psons in regard of the psonall worth and merrite of S^• George Soiners deceased whose heire he pretends himsellf to be, it was thought fitt to ref err him to the former Comittees to be treated with. m' Wales petieon. '^\j W'ale 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 w'^'' was paid into S' Thomas Smith, to be imployed vpon an adventure of a Northerne ff ishing : 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 w'*' it. m'Moone referred ]yj^r ]y/[oones pcticou touching his Brother Nicho: Moones adventure of money paid into y^ Treasury is referred to y* Auditors for his fui'ther satisfaecon. [224] Captio: Smith re- Captain lohu Smith in his petieon sheweth that for somuch as he hath ^erre y . ik i- ^^^ ouely adveutured money for the good of the Plantacon and twise built lames 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 w"'' he gott from the Sauages w"' great perill and hazard of his life : that therfore in consideracon herof the Company would please to reward him either out of the Treasury here, or out of the proffit^ of the geuerallity in Virginia: Touching w"*" request the Court hath referred him to the Comittees appointed for rewai'ding of men vpon merritC. MAY 12,1621 475 Att an Extraordinary Court held for Virginia the 12 of May 1621 S"': lohn Dauers. S' Henry Rainsford. m'' Deputy fferrar. m' John Wroth, m"' Wrote. Present m' Gibbs. Capt W":Newce. m'' George Sandys, m' lohn Smyth. Capt. Tucker. m' Casewell. m' Edwards. TcJ Wheatly. m' Melling. m' Cuff, m' Combe. Whereas at the last Quarter Court held the second of this pisent ^/f''*'" ^■■ Moneth order was given to Certain Comittees for drawing vp of a gjon to be sealed. 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 afterwards put to the question was by a generall ereccon of handC confirmed and ordered to be sealed (authority being given by the last Quarter Court vnto this present Court vpon their approbacon to scale the same) . M' Berkly having been formerly treated w*"* (by the Comittees "' Berkiyea offer, appointed by Order of the last Quarter Coort) touching his demaunds for pformnce of the service he vndertakes for advancing the Iron workC 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 condicons, as m' Blewett lately deceased had donn, (exceptinge some fewe perticulars,) & to pcure and carry over w"" him twenty psons well [225] experienced in those kinde of workC, whereof .8. should be imployed vpon the ffurnace viz' .2. Founders, 2. Keepers, 2. ffilers, 2. Carpenters, and 12. others vpon the fforge namely, 4. ffyners, 2. Servants, 2. Chaffery men, 2 Haiher men and their 2 Servants, bsides his owne sonne and .3. Servants of his pri- vate ffamily all w"** should be ready at the He of Wight to take ship- ping the 25"* of lune next : In consideracon whereof it was thought ||fitt|| to allowe m' Berkly 20": to defray the Charge of procuring and 476 RECORDS OF TEE VIRGINIA COMPANY bringing the said workemen out of the Country to the lie of "Wight as also 30": more towards 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. servants w'" w"'' he was contented, and w"' much thankfullnes accepted of the offer. A Court held for Virginia the 23": May 1621: AT M" Ferrars house: Present S'' Edwyn Sandys. m' Gibbs. m' Geo: Smith. S' John Dauers. m'' lohn Smith. m' Mellinge. m' Deputy. Captain Tucker. m"' Cuffe. m' Wrote. m' Ayres. m"^ Combe w**" divers others. fnirBerki •'' ""' ^' Deputy signified that m^ lohn Berkly and Mawrice his sonne being formerly treated w"" the 5**" of this present Moneth by a Comittee and afterward at the next Court held the 12*'' 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 w**" themsellves : In consideracon hereof the said Court was pleased to give him 30" towards the Charge of furnishing himsellf and his said Sonne w'*" apparell and other necessaries w"" free transporte of 3. of his owne servants. And 20": more to defray the Charge of Con- ducting the said 20: persons to the [226] He of Wight by the first of luly next, w'^" said 20: psons and his said 3 servants are likewise to be transported furnished and victualled as other Tenants for one whole yeare at the Companies charge w''" allowances this Court thought very reasonable, and being nowe put to the question did ratifye and con- menttoteditwne' ^^"^^ *^^ ^^"^*^- ^'^^ f^irther gavc Order to m' Deputy for the more speedy dispatch of the said m' Berkly and that he might haue a suf- JUNE 11, 1621 477 ficient time to gather his yjeople togeather to be ready at the day pre- fixed, to drawe y® Articles of agi-eement according herevnto w"" such necessary addicons as he should thinke fitt and after to applie the Companies Seale vnto the same. M"' lohn Smith acquainted the Company that there was a Gentlemn m' Smiths mocon. 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 maydC able to do them good service there to plant and to be imployed to y^ Companies behoofe w"*" offer the Court did very well approve of as deserving thankC 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 Pr^paratiue Court held for Virginia in THE AfTERNOONE THE XJ'^'' OF lUNE 1621. S' Edwyn Sandys. S"^ Roger lames. S': ffra: Wyate. S^ William Newce. m'' lohn Wroth, m'' Gibbs. m' Deputy fferrar. Present. m'' George Sandys. m' Wrote. m^ Docto"' Anthony m' lohn Smith. m' Nich : fferrar. m'' Rugles. m'' Wheately. m' Widdowes. m' Barbor. m' Melling. m' Bolton, m'' Steward, m'' Newport. w'^ divers others. m' Darnelly. m'' Caswell, m'' Ayres. m'' Swinho. m'' Kelly, m'' Moone. m'Mevei'ell. 478 RECORDS OF TEE VIRGINIA COMPANY My Lo:of Soutri- ^r j]dwyn Saiidys signified that my Lo: of Southampton desired this excused.'^'^ " ^ Courte to excuse him for his absence at this time being w^'held vpon extraordinary occasion : and though long absent yet his Lo^ : 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 Lo^°: howse, had conference for many bowers together, about waightie buissinesses concerning Virginia: where they first tooke the establishing of Jj^^q their cousidcracon the establishing of the Counsell of State there fn Virginia coneid^ ^s likewise Concerning the Gouerno': and Secretary: whose Comis- eredof. 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' S' ffra: wyate ffx'auucis 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 Newc officcrs namely of m"": George Sandys to be Treas- s^ w» xNewce for ^j^.^r ^f Virginia: and S' William Newce to be their Marshall. But & Marehai'i' touchiug the Secretary of State there that now is namely (m' Porey) M' Porey. it rcmayncd to knowe their Pleasure whither they would continue him still in his said office or make a Change. Where vpon it was sig- nified that for so much as m' Porey had not caried himsellf well in the said place to the contentm* : 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.^ [228] 4 named for y' Whervppou m' Deputy gaue notice of 4 worthie gentlemen that had hiTirKiiiia"'^'^'^^ 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 m' Para- m' waterhouse more, m'' Dauisou, m' Smith, and m' Waterhouse who hath been fomended by S' recommended by S"' lohn Dauers for three things especially namely ' At this point in tlie 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 suflBciencie for w"*" hee would vndertake vppon that knowledge hee had of him this gentlemen m' Waterhouse should make good to their full sattisfaccon : Butt itt was signified that they haveinge been all fower comended to the Lord of South- ampton his Lo'': was so nobly mynded towards this Company as to leave them to their free libertie of choyce of any of them by an orderly eleccon, and therfore wished they would in the meantime make some further enquirie of them against the next Courte and then come resolved, for w'^'* and many other noble favo" the Courte did gener- ally testifie their much obliged respect and thankfullnes vnto his Lo"* : S' Edwin Sandys further signified that itt was then allso taken into The Coun«;ii of their consideracon and thought fitt that the Counsell of State in Vir- ^^^ '" ^"'^'^'■ • • 1 IT 1 1 J- i- 1 /-v , n toassemble4times giuia should assemble tower times a yeare each (Quarter once for one inayeare. 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 Counsello" to the former, namely. m' Thorpe. m' Dauid Middleton. m'' Tho: Newce. m'' Bluett, m"" Pountes. m'' Horwood. m"' Tracy e. And now of late m' William Newce, m"' George Sandys and m' Ouls- worth. [229] S^ Edwin Sandys declared further that they had taken into considera- con matter of future supporte of the Plantacon to supplie if they could now other helps doe faile out of that contribucon w"'' is jilsumed will be given by each Cittie Towne and Burrough towards the send- •^^i^iiit'^'ijedraw-n<. inge of their poore with whome they are pestred into Virginia, Which how'seforsendinit^' offer beinge made vnto the lower house of Parlyameut vppon an occa- >' p*^"" «<> ^■''"- sion of the like complainte of the poore w"^ are burtheusome to many '^'°"'' parishes itt was accepted of that howse with a verio great and gi-ate- full applause; Itt was therfore thought fitt that some choyce gentle - 16455— VOL 1—06 31 480 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 w'''' hee wished the Company to consider of against the next Courte. in' CiwoweiK mo- j^jr Cascwell Ukewise moved that some course might be thought on to a)m''an 's'^heo'^r L' ^^^^'^ "^TP ^^® Companies here in London that had adventured monny London. towards the Plantacon in Virginia to doe the like there by building of some Towne as they had alredie done in Ireland to their good proffitt w""" mocon was well approved of and thought fitt to be prose- cuted to effect. S' Edw: Sandys Touchingc Tobacco w"'' hath been allwaies so generally affected by K^n,^iL"pieI?!ire ^^16 Planters in Virginia S' Edwin Sandys signifyed how extreamly in piantinge To- displcasiuge itt was to the Kinge and scandalous vnto the Plantacon ^^'^''- 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 ^ 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 consideracon how they might restraine the generall piantinge theirof or at leaste bringe itt downe to a farr lesse proporcon and quantitie then now is made.' the long mayn- Hec further declared that the cheifest cause that all other Comodities 'ri('c"of 'xobacxo '^^re neglected was found to be the long maynteyninge of the high to be y cheifest pricc of Tobacco att 3" the pound, w'^'' had alredy destroyed a Maga- rauBe >•• all other ^ine of att Icastc 1000" charge vnto certaine Adventurers for Appar- negiected. ^ell and other necessarie provisions wherof the Collony stood in need ; w"" 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 [^h* *'' p pound] and now againe they have repayd the whoU Company in the like manner att the same price for all the charge they have been att for sendinge them Apprentizes Servants and wives w"" cost the Company heere neer 2000". ' The action of the Privy Coun<-il for Buppressing the importation of tobacco is cited in List of Records, No. 263, page 149, ante. JUNE 11, 1621 481 A Second thinge taken into consideracon by the Couusell, was what «i'at proporcon of proporcon 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 f amylie same may be rated his pt and proporcon towards the makinge vpp of the generall lumpe ^^' '^^ ''°''^" that shalbe hither brought; Touehinge this poynt itt was conceived no true estimate could be made till the t«i number of the f amylies 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 w"* a curious eye the actions and carryage of all the principall Officers and Gouer- norsftedto thend that those that had deserved well might be rewarded with bono'', 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" & therof to returne a good Accompt vnto the Company here that they may proceed further therin accordinge to the rules of lustice and equytie. S' Edwin Sandys acquainted the Company w"" an exquisite discourse ^' ^^"^'^ ^an*iys that a gentleman had made (though not perfected) for the advance- qui^lte dil-orrsra 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 1 ^vhich wa.«deuided into 5 heads. The first w'^'' was most necessarie was matter of ffood and Sustenance * Foode & Suste- for the Colony wherof hee had discouered the defects and proposed °'^'"® the way how itt might be supply ed. The Second was matte'' of health for plservinge of w'"'' hee had given - ^i » 1 1 e r of excellent direccons 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. Health. 482 RECORDS OF TEE VIRGINIA COMPANY 3 ffortificacon. 'pj^e Third WES Forteficacon a matter of as great consequence as any of the rest wherin hee hath shewed all ways and means how to f ortefy with least charge and least expence of time. 4 Wealth. The ffowrth was that wheron all mens eys were fixed namely Wealth shewiuge how the Planter may w"" hono'' and much gaine to himselfe sett vpp a boundance of good and Staple Comodities wherof y* Clymate is knowne as capable as any in the world. 5 Religion, c. 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- fpj^g Courte hcrevppon made a generall request that y" gentleman i^^ge of itt. might please to pceed to the pfectinge of the saide worthie woi-ke 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 Plantacon. r Duty returned ;^j;r Deputy signified that wheras the Duty was now returned from Downes. Virginia and attended in the Downes for her direccon whether to goe, orderpiiientosend the Couusell and Comittees haveinge mett aboute itt have given order her to Fhishinge. ^^ Damirou m' of the Ship to send her to Flushinge and had allso m' Arthur 8waine agreed w**" m' Arthur Swayne a Marchaunt of London comended for to be their ffaotor. ^-^ fidglitie & sufficyeucy to be their ffacto^ there for puttinge off their Tobacco to their most proffitt allowinge him 2 in the C for his paynes w"" w"^*" hee was contented, and to this end gave him a Comission vnder the Companies Scale & certaine Instruecons w''*' the Counsell thought necessary for his direccon in y' buisines wherof hee doubted not butt that they should have a good Accompt of his doings. [232] a Ship aryved in jjgg likewisc 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. "^ s*'\v* ^\""*^'^ ^^* ^^^ moved y' for soe much as his Ma*'' : had bestowed the honour of " ■ Knighthood vppon S' William Nuce whome his Ma''' was pleased to call his Knight Marshall of Virginia and hopeth to have a better JVNE 11, 1621 483 Accompt of his doings then he hath had of others hetherto that hee might have a new Patent w'" that addicon of hono' w'^'' his Ma'^ : had given him w'''' was graunted. M' Deputy signified that itt was thought fitt a Pinace should be pro- a Pinac^ forcarry- vided to be redy against September next for earryinge the bilkworme geed. seed for w"" my Lord had write into Italy, Fraunce, and Spayne, w"" is pmised to be here by that time. Hee further signified y' my Ladie Dale late the wife of S' Thomas ^J^ale'" ™' Dale deceased y' worthy Knight and greate advancer of y* Virginia Action desyred a Patent for a pticularr Plantacon w"" was gi-aunted and that direccon should be given to ye Gou^nor to allott the place accordinge to her La"": request if itt be not allredy planted. The like Patent w*" like direccon to the Gou^no' was ordered to be -^ p^*«"' ^°'" ^' made redy for S' Dudley Diggs and his Associates. " ""' '^^' The like Patent vppon request was graunted to S'lohn Bourcherand APatenttoS'iohn his Associates. M' Smith acquainted the Courte that ther was one exceeding skillfull "^^ Smith? mocon in makinge of Salte that accompanies m'' Berklej^ in his Voyadge to ^^ty 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 ouely a founder of Iron butt expert in makinge all manner of PottC brewinge vessells of Iron who offered his best service if the Company soe please and that for some small consideracon 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 Comp": otherwise hee will returue againe att his owne charge touch- ing w"" mocon the Court hath referred him to m' Deputy to treate with him and conclude if hee cann. [233] Wheras m' Cleyborne was appoynted to have his dyett w'" the Gou- '"' cieybome to ernor the Courte held itt vnfitt to the the \_sie] Goueruor to such an ^1 b" yfl^'^^tteo inconvenyenc And therfore have referred him to be further treated 484 RECORDS OF THE VIRGINIA COMPANY with bj' y" Comittee herevnder named for encreasinge his Salary to such a proportion as may enable him to live vppon his owue allow- ance : The names of the Comittees are these — m'^ Gibbes. m' Berblock. m'' Casewell. m''Nicho: Ferrar. m^ Wroth, m' 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. sol xited "^^ '" ^ Wheras itt did appear that ther was a remayne of monneys due §by § the Collecconsinthe hands of divers Bishops itt was moved y* some course might be thought on for solicitinge their Lordships whervppon m"' Wrote signify ed y' to his knowledge Do': leggon then Bishop of Nor- wich had received a very great Colleccon out of his Lo''^ : Diocesses butt made no returne therof vnto y® Comp" : and therf ore desyred a Coppie of the breif e w"*" would shew howe the Colleccons were passed from hand to hand. . y . o an er. rpj^g Courtc thought fitt that my Lord of Canterbury be moved to solicite these Bishops that are in arrear vppon Accompt by his graces Li*e for payinge in their Colleccons. men c°to be^caiied ""^^^ ^^^ likewise moved that the knights and gentlemen as also the vppon for their Merchants and Cittizens might be called vppon for payment of their subscnpcons monneys due by subscripeons w"'' was referred to this next Quarter Courte to be considered of. Cap' Norton. Intelligence was given y* one Cap* : Norton made an offer & would vndertake topcure 6 straungers skillfull in makinge of Glasse and Beads to goeouer to Virginia to be imployed in the saideworkC for the Com- pany for no other consideracon then onely the halfe profitts of their labo", and the said Norton would likewise goe att his owne charge and carry w"' him some servants and is contented to putt himselfe vppon the consideracon of y" Company for what hee shall have to dyrect JUNE 11, 1621 485 and ouersee the said psons iu their saide workC, concerninge w"'' the Court hath referred him to the former Comittee to be treated and concluded with. [234] Intelligence beinge given likewise of one vndertakinge to plante Lyq- tJne Undertakinge uorish if hee might have consideracon according to his proposicons rish'' ^"^ '^*'°*^ was referred to the said Comittees. A Roll for Adventurers to vnderwrite for a loynte Stocke wee ||for|| a Roll for Aduen- turers. pvidinge of Apparrell and other necessaries w"" S' 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 adventui'e wherof they were desyred to consyder against the next Courte. S' Edwin Sandys signified that S' Richard Bulkley haveinge purchased ^' i^'chard Bulk- two shares of Land of the Comp": and vndertaken to plant 100 Per- Lande aiio"t«i an sonns in Virginia for w"" they had graunted him a Pattent vnder Seale euz: Cittie desyred the Company would please to allott him Elizab : Hand neere Cape Codd to plant vppon The Court agreed y' direccou should be given to the Gouernor to that effect. W Webb moved y* some course might be taken that the two Indian ™' ^^^^ mocon Maydes might be disposed of to free the Company of the weeklie jilyjea' charge that now they are at for the keeping of them. Whervppon some havinge moved y' they might be sent to y^ Somer IlandC att the charge of this Company itt was thought fitt rather to referr itt to the next Court to determyne therof . Touchinge m' Francks request y' Lieuetenant Pearce might be ™' Francks re- requyred to give sattisfaccon vnto m' Franck for y^ charge of 4 men '^"^^' and the goods sent vnto his sonns vppon the last supply w"'' m' Rolfe tooke into his possession to ni' 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 direccons should be given to the Gouernor to examyne the matter of 486 RECORDS OF THE VIRGINIA COMPANY Aecompt between them and drive itt to some certaine poynte and for the doubto ||debt|| appearinge to be due to m'' Franck, m"" Rolfe, and m'' Peirce should give good securitie for jDayment therof to m' Franck in mouny here in England between this and our Lady day next. And that the Gou^nor shalbe entreated further to take some paynes to enquire out and recouer such Debt? as shalbe found due to m"^ Francks Sonne. [235] Att a great and generall Quarter Courte helde FOR Virginia the 13^" of Iune 1621 Present Ea: Nottingham || Huntington ||. Ea: Southampton. Lo: Cauendish. Ea: Warwicke. Lo: Pagett. '' S^ Nicholas Tufton. S' Nathaniell Rich. | S' Dudley Diggs. S^ Frauncis Wyatt. f S^ Edw : Sandys. S' Wm Newee. S^ Phi : Gary. S' 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' lohn Smith, m' Nicho: Ferrar, m' Foxten, m"' Scott, m' Blande, m' Biddolph, m' Swinhow, m' Casewell, m' Neuell, m'' Langton, m'' George Smith, m' Roberta, 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, m"" Tay- lo", m' Symond, m' Woodall, m' Ay res, 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' EwinC, Cap* Maddyson, m' TomlynC, m' Lawne, m' lad- X JUNE IS, 16M 487 win, m' Darnelly, Cap* Bargraue, m' Lewis, Captaine Goldingham, m' Newporte, m' Thomas Gibbs, m"' Kelley, m' Russell, m' Brome- feilde, m'' Porter, Captaine Tucker. Vppon readinge of the Actes of the former Quarter Courte held the S' Edwin Sandy? second of May last S' Edwin Sandys takinge knowledge of 20 Shares ^^''^ "J ^ ^'^'^^■ of Land bestowed vppon him by the Company did now declare his shares ijestowed thankfull acceptacon of the same pfessinge that although hee had ^pp°° '""^ 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] M' Deputy signified the reasons why hee presented not y* Accompt m' Deputies rea- of the last years DisbursmeutC vnto this Courte, was in regarde ther ^"^ ^^^^ In^\^ was not yett monneys sufficient com in to discharge all the DebtC comp' of >' laste for goods bought by him and the Comittee for such provisions as y*"^"^ Disburs- were sent with the people then shipped for w"'' hee and the Comittee stands yett indebted to dive" 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 DebtC w'^ being done hee pmised to pisent the Accompt vnto the Courte. S' Edwin Sandys likewise moved touchinge his Accompt that wheras ^' Edwin Sandyg att the giveinge vpp of his place hee stood bound for the Company for ^^^^ "^^^^ certaine somes of monny w"*" 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 biitt daylie expected hee therfore desyred his AccomptC might likewise be respited till the next Quarter Courte against w"" time hee would be redie with his said AccomptC w'^'' favour (vppon soe iust a reason) the Courte did willing - lie assent vnto. 488 RECORDS OF THE VIRGINIA COMPANY The Counsel! of j^t was informed that for asmuch as S' George Yeardley complayned to*meeT4'time8'a of the Small number of the Counsell of State in Vii-ginia remayning yeare & to lu.uie alive and of their seldome meetinge by reason they dwell so dis- quarteriy Session pgj.gg^jy asundcr aud had no manner of allowance for attendance in for one whole ,,.,., ,, , ^ i i yeafe week to- that kind itt was the cause hee wanted such necessary assistance as gether. was fitt and requisite : Itt was therfore taken into consideracon how this defect of Councello" might be supply ed 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 whoU 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 GouernorC Instruccons for establishinge of the same. [237] An Addicon to y' j^^ ^^^ likewisc signified that care had been taken to make some ginia addicon 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- S' Frauncis Wyatt j^^jy yppon thexpiracoii ^ 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. Next' m' Deputy therfore moved to kuowe 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 suf&- ' Contraction for "the expiracon." JUNE 13, 1621 489 ciencie and experience in Secretary affaires, butt because no more butt three could stand for the eleccon itt was putt to the question w"'' three they would have noiated for that purpose, whervppon m'' Smith was dismissed and the other three appoynted to stand for the eleccon who bein^e all three putt to the Ballatinge Box ehoise was made of m' m'DauiBonchoeen 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 acknowledgm' vnto the Company of their favour towards him promisinge to pforme his best to answer their expectacon of him. Itt was allso agreed vppon request made that hee should be admitted ^ Damson made a free Brother of this Company and be of the Counsell of State in geii in Virginia Virginia. Itt was further signifyed that the Counsell had taken into their Con- Poore people to be sideracon matter of future supporte of the Plantacou to supply y* ^*^"' ^ u-gmia. Defects of the Companies Stocke if they could by procui-inge poor people to be sent hearafter to Virginia att the Common charge of the parishes where they live w"" offer beinge made to the lower house of Parlyament att the last Session vppon occasion of gi-eat 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 drawue to aBiiitobedrawne 1 ri • oi • T-. 1 & to be exhibited that effect against the next Session of Parlyament and entreated S' to y' Pariiam- Dudley Diggs, S' Edwin Sandys and S' lohn Dauers to take some bowse. paines in the drawinge of the saide Bill. [238] A mocon 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 mocon was well approved and the Courte ADeciaracontobe entreated the Comittee hearafter named to make some Declaracon to ^j" comp*- at°i« the seuerall Companies Citties and Townes what porcou 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 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 S' Edwin Sandys. S' lohn Dauers. m' Deputie. m' lohn Smith. m- Cranmor. m"" Berblock. m' Bernard, m' 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 Plantacon 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^ Defects of everie of them in the Colony and proposed seuerall wayes how to remedie the same ; The Court gave The Companies Order that y" Companies thanks should be given vnto the said gentle - thanks to be giuen .^^lVl w"" emest rcQuest that hee would pceed to the finishinge therof to V' gent V makes . iii r^ • -iiti }■' 'treatie' of Sus- and that after itt had been pvsed by a select Comittee itt should be tenanceC. putt in priute to pvse w'^'' booke the Courte entreated these vizd. S^ Dudley Diggs. S'' Edwin Sandys. S'' lohn Dauers. m' lohn Smith. or any fower of them. [239] S m Frauncis Wyatt. George Sandys, m' Secretary Dauison. m' Gibbs, m' Wrote. A Pinnace to be m"' Deputy moued y' in respect some doubt was made that the Seed prouided f'J^car- migcarryed w"*" was sent in Doctor BohunC Shipp a Pinnace might be wormeseedc. provided against September next to carry some more Seed, w"" Seed was allredie spoken for, and promised to be here against that time, ^ch pijinace should allso carry in her some Barly and Garden Seeds and some fi^ruite Trees of two years graf tinge ; The Courte agreed y' a Pinnace should be hyred and referred the bargaine to be made for JUNE 13, 1621 491 the saide Ship and all other things therevnto appteyninge vuto the gen^all Comittees. M" Katherine Binion shewed in her peticon that wheras one lohn °'" ^'!i^™ ^'°' Martin late of London esqre was bound to the Peticoue" ffather m'' Thomas Binion lately deceased for payment of 205" att certaine dales, shee therfore moved that §in respect§ the said Cap' : 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 yjlease to take some course to cause him to give her sattisfaccon w^*" request being taken into consideracon itt was conceaved the graunt of her desire would prove an ill president and would disharten many to see a coui'se 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 y" ptie indebted to sattisfie the Same out of the proffittC of his labours w'" 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 denye4 sattisfaccon out of a pvers willfullnesse that with such ill mindes strict order be taken for §plsent§ payment as the equitie of the Debt shall require ; And because a question was moved whether y^ Comp* : had power by their Pattent to remand any back from Virginia to give sattisfaccon 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] The Patent graunted to my Lady Dale for a ptieular Plantacon in a Patent graanted Virginia beinge drawne in the vsuall forme and now plsented to be ^' ' " V'*'''' ^*'!.'!^ read was referred to a Comittee to pvse the same m^ 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 du-ec- 492 RECORDS OF THE VIRGINIA COMPANY con should be given to sett outt her Lande where shee desyred if itt were not allredie jilauted or disposed of the Comittee appoynted to pvse the Pattent are these namely — m' Gibbs. m"^ Wroth. m' Wrote. m^ Nicho : Ferrar. who are likewise entreated to pvse the Pattents grannted to S' Dud- ley Diggs and his Associates, and one other to S' lohn Bourcher and his Associates and after that m'' Deputy is appoynted to Scale them. A Patent graunted Yppon m' Hamcrs mocon for the like Pattent as had beene graunted to m amer. y^i^o othcrs Order was given for drawings of itt vp in the vsuall forme and beinge pvsed and allowed of by the former Comittee m'' Deputy is authorized to Seale itt. A Patent for the Yppon mocou of the Somcr Iland^ Company that they might have a ompanj Pattent of the proporcon of Land given them in Virginia by this Company beinge a thousand Acres the Court referred itt to the Audi- to" to prepare itt against the next Quarter Court and to take the advise of m'' lermyne therin, And that the Somer IlandC Company if they pleased might make a draught of the said Patent and present the same to the Audito" to be corrected and amended if they shall see cause. A perfect Accompt "VYheras the Plantacon in Virginia founded by his Ma*'^: royall power be "i^sented to his ^^1^^ prosecutcd by the Adventurers and Planters with the charge of Ma": 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 Ma'' : most gracious graunt of the vse of the Lottaries w''*' are now susspended ; The Comp* : for Virginia in this great and generall Quarter Courte have ordered that the Audito" 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 Ma"' : In w* 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 Treasure" of the said Company shovild forthwith transmitt vnto the Audito" soe much of the said AccomDt? respectively as belongeth to the seuerall times of their offices. The appoynted Comittee haveinge treated w"" Captaine Norton did The Comittees re- now reporte that findinge him resolved to plant himselfe in Virginia |^p.Vo^n™°^^ with his f amy lie att his owne charges beinge aboute the number of Tenn psonns, and to make offer to carry ouer wuth him 4 : Itallyans and two servants of his owne whome hee had pswaded to goe w**" their wives and Children on Condicon 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 BeadC & 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 Work^, and if any other of y'' same profession be sent they to come vnder their parte and to be imployed by them in the said worke ; In consideracon herof and in regard of the benefitt that is like to come to y" generall Company ; The Comittee eertefyed they were of opinyon y* Comp* might graunt him .such a Patent, without makinge presydent for Monopolies ; And forasmuch as Cap' Norton himselfe vndertakes the ouersight and gou^ment 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 proposicons they have ppounded 400 Acres of old Adventure to be bestowed vppon him for his inheritance, w"'' seuerall proposicons the Courte takinge into their consideracons did agree first that the said psons should be furnished in the best man- ner at the Comp": charge, and shall have the Patent they desire for seaven years. [342] Provided that in leive of their moytie of Beads w""" is the matter of Trade with the Indians properly belonginge to the Companie they take a valuable consideracon either outt of the Companies moytie of Glasse or in Corne or other like Comodities as 494 RECORDS OF THE VIRGINIA COMPANY the Goueruo"' and Counsell of Virginia shall thiuke meete, and for Cap* Nortons owne allowance the Courte have confirmed vnto him the fifte parte of their moytie, and the proporcon of Land hee desires, And shall have two men more for cuttinge of wood for the sayd work^, wherof hee is to furnish out one att his owne charge. The Comittees re- The Comittec appoyutcd by the Preparative Courte to treate with m' porte roncerni 111' Clevborne pore com erninpe ^j^^^^^^^ (Comeuded and proposed for the Surveyo" place) have- inge mett the next day and takinge into their consideracons the allow- ances that a former Comittee had thought fitt to State that Office vnthall 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 con venyent howse pvided att the Companies charge and Twenty pounds in hand to furnish him with Instruments and book< fittinge for his Office w'^'' hee is to leave to his Successor. Butt for the matter of his dyett w*"" was formerly appoynted to be w*^ 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 w"'' 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. The Comittees re- The Comittce appoyutcd to treat with him that vndertooke to plant ^nT rt^ k"" t^' Lyquorish touchinge his demaunds of the Company for his imploym' plant Lyquoris. in that kiudc to their vse did now make reporte therof vnto the Courte, w"" beinge taken into further consideracon and fyndinge itt a worke of no such diffici;ltie 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 entertaiue this bargaine especially vppon such pposicons as the vndertaker had offered. [243] JUNE 13, 1621 495 Itt was signified vnto the Courte that an Apothecary offered to trans- An Apothecary ai- porte himselfe and his wife att his owne charge to Virginia if the '"'*''"' ^ **^"® -" ijftflfjiffc of two 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 : w""" 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 w'^'' itt should be lawfull and free for him to doe and to that end should be recom- ended to the Gouernor. Itt beinge moved in the former Courte and referred to the considera- "^''^ Lo-"f ^""'^ con of this Quarter Courte that the remaynes of monny due by Col- J^^'j^Lo'grlce "^ leccons in the hands of divers Bishops might be called vppon and Cani: to soiicUey brought in ; The Courte desyred y ' itt would please my Lord of South - ^■'•^"p*^ ^■ ampton to ioyne with my Lords grace of Canterbury to solicite those Bishops by Lres for bringinge in of the same. And beinge likewise moved that the Knights and gentlemen as allsoe Themooon fnrpoi- the MarchantC and Cittizens might be earnestly called vppo for pay - il^Hf^^ sub^-rip- ment of their monneys due by their subscripcons, Itt was recom- wns referd to >- mended to the care of the Audito" to dyrect some course touchinge -^"'^'•''"• the same. Wheras itt was referred to the Consideracon of this Courte for Adveu- m' Webi. to carry turers to resolve what sofae of monny they would willinglie subscribe ^^^ ^°'® to pay for raysinge a loynt 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 w*^ the greater proflBtt to y" Adventure" 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 Comp* : were Adventurers in the olde Magazine the sume Magazine to be of 800": and many other pryvate men of the Company interessed in ""^'''*^ it allso ; Itt was ordered that the Audito" for the said Magazine vizd m' Keightley. m"' Cranmer. m^ Bull. 16455— VOL 1— OR 32 496 RECORDS OF THE VIRGINIA COMPANY 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' Mellinge m'' Bland. and m' Case well. m' Cuffe. y' 2 Indian mayd? to be sent to v* So' Itt beinge referred to this Courte to dyrect some course for the dis- merHand«" " " 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 Hands whether they were willinge to goe w"* one servante apeec towards their preferm' in marriage w'*" such as shall accept of them w*" that means — w"" espeeiall dyreccon to the Gou9nor & Counsell there for the carefull bestowinge of them. A Comittee for j^|; ^eiuge moved that a Comittee might be appoynted for drawinge noreiMtraccoM ^pp of the Goucmo" lustruccons and Comission as likewise for the Thfer and Secretary to expedite their dispatch in respect of their plfixed time of their settinge forth drewe neere, The Courte noiated these followinge to pforme the same vizt. S' Ed w: Sandys. m' Wroth. S' lo: Dauers. m'' lo: Smith, m' Deputie. m' Nich: fferrar. m' Gibbs. m' Casewell. Ca: Bargraues Pe- Captaine Bargraue haveinge peticoned to this Courte that some of the ingeofwittnesses. Couusell (beinge Parlyament men) might be appoynted to examine certaine wittnesses of his beinge nowe in Towne afore then- goinge back to Virginia in the cause in difference betweene him and S'' Tho : Smith for w'^'' bee had peticoned to the Lower house of Parlyament ; The Courte made him aunswere that for soe much as Parlyament men were named in his Peticon they durst not meddle therwith nor would the Parlyament accept of Deposicons 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 JVNE 13, mn 497 vnequall to give way to his desire, vntill S' Thomas Smith himselfe were made acquainted with his Peticon and did assent vnto this Courte of examyninge Witnesses. Vppon the humble peticon of loice Lodge the Courte have orderd ^o'^e L^ge 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 duo for of her said deceased Husband, and besides the Courte have been pleased to bestowe vppon her one Share of Land more loi- §of§ one hundred Acres old Adventure in consideracon 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 Scale. m' Peirce movinge the Courte would please to assigne him the place "'' p^''"'^® ™^°" wher hee desires his land might be sett outt, some of Martini Hundred p°ace^wher '™ ^ alleadged y* the said Lands were allredie possessed by them [245] Jesires his Land butt m' Peirce affirmed the contrarie, whervppon the Courte ordered ■»»>' 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 y* offered themselvs to - ^lynwtere. goe for Virginia the Court referd them to be treated & concluded with ^1 y* Comittees And for somuch as S''Fraunces Wyat desyred hee might make choyse S' Fra: Wyate. of one that was willinge to goe w*" him y" Courte assented thervnto. M' Deputie moved that the Courte would give order for sealinge y" The Contract w'^ Contract made w**" m' Ewens, m'' of the Geoi'ge beinge drawne v}:)p g^ied*^"^ ° ^ 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 scale his Comission. M' Edward Hackluite assigned two Shares of 25" Adventure to ™'Kd'"°"*''^'°- Company touchinge Cattle w''*' hee had vndertaken to transport to Virginia after the i-ate of eleven pounds the Heiffer and Shee Goat^ 502 RECORDS OF THE VIRGINIA COMPANY att 3" : 10' apeec for w"'' hee might take any Comodities in Virginia att such prizes as the Company here had sett downe hee desired y* those words might he more Cleerly explayned ; And to this eiSeet m' Deputy A tre written to signified y* they had drawne a letter in the name of the Counsel! and m oo in. Company vnto m'' Gookin declaringe that their intent and meaninge was itt should be lawfull and ffree for him and his ffacto" 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 Tre they had promised y* hee should have a Pattent for a pticularr Plantacon as large as y' graunted to S"' William Newce and should allso have liberty to take 100 Hoggs out of the fforrest vppon condieon 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. 'O* A tre written to ^j^jj farther to this effect they had allso drawne a letter to the Gouer- Counseir o" "vir- ^o^" ^.ud Counsell of State in Virginia both w''" beinge now pisented ginia to this effect and read the Court did very well approue of and gave order that the Seale of the Counsell should be affixed to that addressed to m"' Gookin and that some of y" Counsell shovdd signe the other to the Counsell of Virginia. [249] m' Kettiebie to be Itt was signified y* one m' Kettleby made offer to goe att his owne uous'nor '^ ° ^ charge to Virginia vppon a Discouery now att the first with an intent there to settle and plant himselfe; for w'''* cause hee desired to be reeomended to theGou^nor; w'*" mocon the Courte conceauinge to be verie reasonable did willinglie condiscend there vnto. Some of r coun- Lastly itt was moved and thought fitt that some of the Counsell sell to nieete •' ~ aboute y' Gouern- appointed would please to meet vppon this next Thursday in the after - o" instruc: uoouc att m' Ferrars howse about the Gouerno" lustruccons. JULY 10, 1621 503 At a Courte helde for Virginia the lO'^" Iulij 1621 S' lohn Dauers. S' Antho : Palmer. S' Phillip Gary, m' W": Spencer. m' Hollow ay. m' Cartwright. m'' Abdy. m' Tucker, m' Palmer, m"" Whitley. m'' Darnelly. Cap' Hamor. m' Bull. m' Bagwell, m' Ewre. m' Roberta. Present. m' Alder: lohnson. S' William Newce. m' Deputy Ferrar. m"^ Wroth. m"' Georg Sandys, m'' Smith, m"" Nicho : Ferrar. m"^ Risley. m"" Casewell. m' Barnarde. m"^ Wiseman, m' Ayres. m' Edwards, m"^ Ruggell. m"' Essington. m' Chamberlyn. m' Gibbs. m' Wrote. D' Winstone. D' Anthony. m' Lawrence, m' Couell. m"' Leuor. m"^ Newporte. m' George Smith, m' Fellgate. m"^ Morrice. m"^ Meuerell. m' Woodall. m' Wells, m"" Harte. m' Hackett. m' Colethurst. m' Dawes. m^ Cuffe. m^ Webb. M' Deputie signified, that the occasion of warninge the Courte this '^'^'^ Bona Xoua present day was to aequainte them with the aryvall of the Bona Nona rydinge att anchor neer the He of Wight by w"^*" Ship haveinge received divers letters, and one generall letter from the Counsell of State in Virginia directed to the Company here hee thought titt to imparte itt vnto them att this meetinge and thervppon prayed they would attend "^'^^ ^^ '^*'^^- 504 RECORDS OF THE YIROINIA COMPANY the hearinge of them, w"'' beinge read the pticular relacons gave the Compauie verie great content to heare that som Staple Comodities, as Vines, and silke, began to be planted aceordinge to the Companies former directions and that they prospered with soe good successe, as allso to heare of a confirmaeon of a Peace, and of a League w*'' the Indian Kinge wherby not onely a great trade and coinerce w*** 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 Hw"*"!! will vndoubtedlie conduce ||to the|| great bono' and enlargment of the generall Plantacon in a short time ; Ther was also 3 Seueraii Voy- j.ga^(j vnto the Company a Relacon of three seuerall Voyadges made m'^^Ma'rLTduk ^^1^^ last Sumer one to the Southward to Roanocke made by m"^ Mar- Eeyno' maduk Rayner.' a 2^ by Ensigne ^ Secoud by Eusigue Sauadge in the great Bay wherin is a relacon of a 3^'by m' Dirmer. ^ 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 Plantacon and within our lymitC in w"" Rivers were found dive" Ships of Amster- dam and Home who yearly had there a great and rich Trade for Furrs, w'^'' 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 Comp" : of the great Trade that the Frenchmen had in those pts of Virginia to their infinite gaine w"** might w**" farr less charge and greater ease be vndertaken by the Company. The Ship to de- Tliis beinge done m' Deputy further signified that the Bona Nona was orMiddiebrough.'' lliiowe|| returned from Virginia, staled onely for direccon from hence to what Porte shee shall repayre, shee beinge laden w"" 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 Marchant^ ' These letters were probably those mentioned in List of Records, Nos. 238, 241, 243-245, 247-249, pages 147 and 148, antt. JULY 10, 1621 505 tres there appeared to be ?bout 16000 waight vppon the Accompt of the Old Magazine and about 11000 vppon the Accompt of the last yearC Magazine whervppon the Court? resolucon was that ther should be order giuen to y" m' to dept instantlie for the Porte of Middle - burrow in Zealand and that the goods should be delinked 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 ffraight of 'i^ p pound due vnto the Company and afterwards deliuer ''e''uered to m' the generall parcell to the Owners or to whome the Owners here a„,i hee to receaue should consigne them ; And in pticular the Adventurers of the Old Y Fraight of 3" p Magazine concerninge the disposinge of theirs did order. pound. That m'' Swayne vppon receipt of the ffraight of 3*^ p pound should m' swaine to de- deliuer the Tobacco belonginge vnto them to m' lohn De Clark whom 'i^jer y Tobacco to by the pswasions and recoinendaeons of m' Alderman lohnson and m' Chamberlyn they did choose to be their ffacto'. They entreated m' Abdy, m' Chamberlyne, m' Essington and m' Bull AComitteetoCon- to meete and consult concerninge the sale of this Tobacco uowe come *'"^"/i^"' ^' ^'® ° of V' Tobacco. home and ther vppon to write their letters of advise and direceon to m' lohn 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. M' Chamberlyn and m'' Bull were entreated to keep accompt of this m' Chamtien and present returne and to take order for discharge of the ffraight and all °^' ^"'I *'\ ^^? ,,. ,. Ill 11 accompt of this other duties and itt was ordered that all such monneys as m"' lohn De present retume Clark should receave vppon Sale of the said Tobacco should be made ouer to m' Abrah : Chamberlin and m' Richard Bull who for y^ same are to be accomptable to the Magazine Company. [251] Lastlie vppon the importunate desire of the Adventurers of the Mag- ">' Essington to azine to come to some head in this intricate and tedious Stocke, m' '"'^'^*/'^'>" y-'^'-"- compt. Essington was desyred with all expedieon to make redy the Accompt some time the next weeke and to present itt to the Audit o" appoyuted by the last Quarter Courte to whome for the speedyer pf ectinge of the buisines were added m' Abdy & m' Bull. 506 RECORDS OF THE VIRGINIA COMPANY m' Bolton y'Myn- Yppon the Right Honorable the Ea: of Southamptons recomendacons yne . ^^ ^^^ Boltou Miiiistei' for his honestie and sufficiencie in Learuinge, 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 w"" tovichinge his allowance and seated where they shall thinke fitt and most convenyent for him. m' lohn Pountice ^ mocon was made y' m"' lohn Pontice §aswell§ in respect of his rail "^^ "^ owne worth and sufficiencie as allso in reward of his paynes and endeavo" in the Companies service that some place of Comaund might be bestowed v|:)pon 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 w"" the Courte consented vnto, and ordered his Comission to be drawne vpp for the execucon of the said place, provisionally for one yeare, and after duringe the Companies pleasure recomendinge itt to y® next Quarter Courte for confirmacon. Comittees to ex- ^qj. gomuch as m' Pcircc Cape marchant had now sent home his AMompK. '^"'^^ AccomptC by this Ship the Bona Nona, Itt was desired that the Com - ittees appoynted to meet to morrow, would please to examine and pvse the same. The Contract w"" The Contract made w"" William Ewens m' of the George accordinge seaied^*"^ *° ""^ to an Order of Court held the second of May last beinge now presented and read, and likewise that pte w"'' hee was to scale vnto the Company The Court did approue therof and gave order to m' Deputy to see The tre written to them scallcd, And did allso allowe of the letter written on m' Ewens r^'^"''''""'''"''"' behalf e to the Gouernor and Counsell of State in Vu'ginia who were behalie allowed. , ° entreated to peure 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 S' Frauncis Wyatt and some other gentlemen the better in the said Shipp.' ' This contract is cited in List of Records, No. 256, page 149, ante. JULY 10, mn 507 Itt beinge signified y* Cap* Norton had plsented a bill of a greater Cap' Norton pre- charge then hee had form91y pposed vnto the Comittee amountinge to ^"J^torclffi- 80" w"" hee demaunds ptly for cleeringe the apparrell of the Itallyann ittee gcntlcmon glasemen engaged for debt, and ptly for buyinge some materialls for their Glass worke w^'out w'^" they could doe nothinge w"" 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 y** said workmen might be able to sattisfie that debt out of the profittC of their labo', This beinge taken into consideracon itt was at length thought fitt that hee be referred to the former Comittee to be treated w'" aboute the same, who are to make reporte how itt may be done w'^out too great charge vnto the Company. Itt was signified that the Ladie Lawarr desyred the Court would -"^'J' ^'^y La'^arre please to graunt her a Comission dyrected to S' Fraunces Wyatt, m' ^^1."^ coifSi^n George Sandys and others to examine and certifie aswell what goods C'. and monny of her late husbands deceased came to the handC of m"^ Rolfe in the year 1611 and to require y* accordinge to his promise shee may be sattisfied. And allso to cause the Cape MarchautC 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 sattisfaccon 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 plmises into their consideracon, and enquire what goods and DebtC belonged to the late Lord Delawarr deceased and to whose hands they came and were comitted, And whatsoever shall appeare vppon exam- inacon and proofe to be due to cause a restitucon 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 tlie value as allso of y" debtC as to iustice shall apptaine; Provided that her La": out of the worth of the said goods take order y' 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 14'" of March 1618 and an other formerly made the 14'" of lanuary 1618. 508 RECORDS OF TEE VIRGINIA COMPANY Request made to Request was made that such adventurers as were willinge to subscribe vndet'^te'^'to r towards a loynt Stocke for sendinge a Magazine to Virginia to sup- Koie. ply y° Colony w**" 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 y* piparacon might be made accordinglie in due time some haveinge allredie begann to subscribe to that pui-pose. Cap' Madison & The Court beiugc informed that the Comittee for the distributinge of his wi e to ane gj^j^j,gg yr^pQ^ merritt haveing mett the ii*'' of lune last and taken into their pa.»8agt' free, i i c> it 2 shares of Land their cousidcracons the peticon of Cap*: Maddison, and fyndinge that andtohaue2Boy8 j^gg hadd dcscrved 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 Comp* : 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 w'''' allowances the Court did very well approve of and assented thervnto. 2 Boys to be sent ffpr SO much as itt appeared y' m' Whittakers had obeyed the Com- ancTto haneVre- P^ui^s ordcrs in buildinge a Gruesthouse for entertaynment of Sicke ward of Tobacco psouus and for y" rclcife and comforte of such as came weake from Sea confirmed vnto ^^^ j^^^ allso beguun to plant vines, Corne and such good Comodities and ray led in 100 Acres of ground, itt was moved y' the Court would please to bestowe some reward vppon him for his better encourrag- ment in soe good a coiu'se, Whervppo itt was agreed and ordered that hee should have two boyes sent him when the Comp* : shalbe able and that the reward of Tobacco allowed him by the Gouernor of Virginia shalbe confirmed vnto him. [253] m'CutbertEssing- Vppon the liumblc peticon of m' Cutbert Essington y' the Court ton to be sett free iii j. j>ij i ^ n ^ ■ j> j.i and to iiaue his would plcase to pay tor his passage home and free him from the passage free to Coudicou of a Tcnfiant to y" Phisicians place seeinge Doctor Bohune England. w^'out his couscut or kuowledg had tyed him thervnto, wheras hee onely went vppon his owne Adventure with D' Bohune (as hee made JULY 10, 1621 509 to appear vnde' the Docto" hand) in regard herof and for that itt was testified by the Counsel! of States letters to the Company hee had done good service in the ffight, w"' 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 Vppon the humble peticon of m" Newporte widdowe, the Court ^' ^'"^- Wyatt to Hett out 3*^ sharea ordered that S' Frauncis Wyat thelect Gouernor and the rest of the „( La^^j '^^^ ^„ Counsell of State in Virginia should be treated to sett out 32 Shares Newporte, and 3 of Land in Virginia heretofore bestowed vppon Cap' Christo: New- ^^^n'traL'^Scf porte her late husband deceased in reward of his service with an addicon of three wholl Shares for the psonns of 6 men transported att her charge in the Jonathan Ann" 1619 in any place not alredy disposed of w"*" is comended to the care of Captaine Hamer to see itt done accordinge to m" Newport^ desire. The Courte takinge the peticon of Thomas Webb into their considera- Tho:Webbtohaue con have agreed and ordered y* hee shall have 3. Shares of Land old Adventure in consideracon 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. Vppon the humble peticon of loice ffreake a poore distressed widdowe loice ffeakes 2 that the 2 Shares of Land formerly bestowed vppon her by order of \^^^ ',° h*/°°! Courte the 13"" of Ivne last in respect of hir psonall adventure and for .ler >•• Comp* : some certaine goods shee p!tended shee had lefte in Virginia into the **'*''"• Companies store might be confirmed vnto her vnder the Companies Scale and direccon given forsettinge out of the said Land, Itt is ordered that Shee shall have a graunt or confirmacon 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 An extraordinary Courte y' 12" of Iuly 1621 m' Depxity Ferrar. m"' Brooke. m' Wroth. m' Gibbes. m' Wrote. m' George Sandys. Jy-. Gulstone. m' Nicho : Ferrar. m' Paine. D': Winstone. Present. m' Bromefeild. m' Riseley. m' Bargraue. m"^ Rogers, m' Blande. m"^ Casewell. m"^ Couell. m' Swinhoe. m' Leuer. m'' Edwards, m' Barnard. m'' Bartham. m' Combes, m' Bay nam. m' Roberta, m' Whitley, m' Smith, m' Woodall. m' Harte. m'' Ayres. W*" dive" others. The Court< re- The Coiirt haveinge made request vnto m' Chamberlyne to pcurethem chambien^orSii™ some good quantitie of Silkworm seed from beyonnd sea, bee signified worme seed. 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** SeedC 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 frendC 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 thankC and prayed itt might be done w"' as much expedicon as may bee. Captaine Norton, m' Deputie signified y* 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 Coudicon of JULYm.mn 51 1 TennanK att halfC for 7 years the charge of w'" workemen w"' 2 : of their wives and 3 of thire children beinge transported and furnished w'" 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 aboutC vppon w''" condicon the bargaine was entertayned and the same ratifyed and confirmed by the last Quarter Courte, yett shortly after entringe into a re-examinacon 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 consideracon, 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 plsented them a bill of a new charge amountinge to no less then 80" : ouer and aboue the former Sume of 150" w'''' hee said was to be disbursed ptlie for redeeminge the said workmens apparrell and Tooles engaged now for DebtC, 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 Consideracon 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 Siime, 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 ^^^^ ''""' ^^r*'' Adventurers y' would be willinge to vndertake the same w'=^ mocon fel'tTnd ^eft'fr^ was generally held to be both iust and resonable, and ther vppon the toprinate Aduent- same beinge accordinglie putt to the question itt was agreed w'*" gen- !r^d'^'*''^ne°^ erall consent y' Captaine Norton should therby be discharged of the said contract and lefte free for pryvate Adventurers to entertaine the said bargaine vppon the same condicons in poynt of benifitt that the Comp*: should have done. 16455— VOL 1—06 -33 512 RECORDS OF THE VIRGINIA COMPANY At a Courte held y* 16 : of Iuly 1621 m' Deputy. D' Gulstone. m' Wroth. m' Gibbs. in'' Wrote. m' Rob* Smith, m'' Sandys, m' Bromfeild. m' Risley. m' Rogers, m*^ Nieh : Ferrar. m' Parkhurst. m' W" Hickes. m' Casewell. m' Barbor. m' Bull, m' Darnelly. m' Fogge. m' Vyner. m*^ Palavacine. m' Crossland. m' ladwin. m"^ Lawne. w*" divers others. m' Roberta, m' WydowC. m"^ Bay nam. m'' Hackett. m' Bland, m' Georg Smith, m' More wood, m' Newporte. m' Harte. [255] Wheras att a Courte held the 12*** of this plsent monneth the bargaine made w'*" Captaine Norton and the Italyans for settinge vpp of a Glasse ffurnace in Virginia for makinge of Glasse and beads was taken into serious consideracon and findinge the charge of transport - inge and furnishinge out the saide workmen with their servant? wives and Children (being in all eleven psons) w*" apparrell, victuall, Tooles and all other necessaries would come to a farr greater some then was att first proposed when the agreement and Contract w"" 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 Itt "was therfore now moved that seeinge the Company were not able to goe through w'" itt, itt might be lefte free to pryvate Adventurers to vndertake the same vppon like condicons in pointe of pfitt as they should have done ; vnto this mocon (so iust and reasonable) the Courte did willinglie assent and by their said order did release and '^^^ bargaUe quite discharge the said Captaine Norton of his §former§ Contract tonentertajTiedby with the Company; Hervppon the said bargaine beinge a new enter- po'uate 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 aU (seeinge the Comoditie of Beads was like to proue the Verie Coyne of that Country) , and therfore intendinge to raise a loynt Stocke of at least 400" the better to accomplish so good a worke they have agi'eed 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 bette" advancem' "^"^ ™ ^°^ * ■*"' " ' parte. of the said worke and encourragment of the said Adventuro" therin. That the Court would please to graunt him these pposicons followinge. First y* 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. ^*"^ '' ^^"' Secondly y' they might have 50 Acres of Land for every psonn they To haue so Acres should transporte vppon this buisiness, and y' the Comp*: would give ° ^""l,'""^ ^^rii them their pt of the Land. transporte.' 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 ''1. '^°*^,t^'j \*^" beinge a materiall of speciall vse in makinge of Glasse may be appro- for 7 years. priated vnto them for 7: years. Lastly they desire for the better releife and Comforte of their people thaty*GnePthon!.e that the Guest house w"*" m'' Whittacres hath built may be appoynted whilaire^ imv u- for entertaynm' of their people some two monneths after their first appoynted for the landinge y* they may be able to build theire houses, and this may be entertaynment of specially reeofnended to the care of the Gouernor to see itt done ; All w°^ proposicons the Court takinge into due consideracon 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- iuended to the next Quarter Court for confirmacon. some to be de- The Said Adventurers moved likewise y* some might be deputed for piited for y" Com- ^j^^ Comu" : and advise w"" them aboute the well orderinge & manag- tlflll V to ^Q 11 ISC ai,oute r "ell or- iuge of the Same, To w"*" end the Court noiated these that follow vizt: deringe of y' eatne m' Deputy. m' Covell. m' Keightley. m"^ Barkham. D' Winstone. m^ Wheatley. m' Cranmer. m"' Bolton, m' Barnarde. m^ Cuffe. who are appoynted to meete to morrow in the afternoone. [256] if any will aduen- The Said Adveuturers did likewise offer that if any other would com '"'^'^. be admitted ^ 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. 2 of y' Comp* & j^^ ^^^g Jikewise moved and thought fitt y* two of the Company and meet"& sett downs six of y" Said Adveuturers should meet att their first leasure ftod §to§ some instnicconB consider and sett downe some Instruccons for Captaine Norton for or ap'. orton. j^.^ better direccou in the managinge of the said Glasse worke. in' Nicho: Ferrar rp^^ ^^-^ Adveuturers made choyce of m' Nicho : Ferrar to be their ' Thfer whome they entreated very earnestly y' hee would not refuse to doe that favoure. The Aduenturers j|-^ ^^g likewise moved y' the said Adventurers would please to pay Bcripf-on's. ' ' i^ their subscripcons between this «fe Thursday next for the more speedie dispatch away of Captaine Norton and the said Glassmen. 4 seueraii Rolls ffower scuerall 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, Vnderwrite 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 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 w'^'" 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 w^*" voyadge a means woulde now be found to doe itt att a less charge then att other times. These said good vndertakmgC were generally approved of and moved Direccona to be many then present to vnderwrite in the said Rolls, And for the better ^'."^° '° ^^ ^°" ' furtherance and advancement of this Accon itt was moved & thought fitt y' direccon should be given to the Gouernor to afforde his best assistance herein. The said Adventurers have made choyse of m' Blany to be their "'' , ^'^^J" *° ^ ffacto' or Agent to trade with the Indians for Furrs, and for this """ ^ purpose allso m' 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' lohn Peirce had taken a Patent of S' "^' ^'^'fce his Pat- Ferdinando Gorge and ther vppon seated his Company w^'in the ^"*'° "*' lymitC of the Northerne Plantacon 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 w"'in the lymittC of the Sotherne Colony, Herevppon the Courte appoynted m' RobertC, 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.' [257] ffor so much as the Phisieons place to the Company was now become voyde by reason of the vntimely death of Doctor Bohune slaiue in 'The settlement in the Northern Plantation was at Plvmouth. 516 RECORDS OF THE VIRGINIA COMPANY the ffight with two Spanish Ships of Warr the iQ"" of March last; Doctor Gulstone did now take occasion to recomend vnto the Com- m' Pott< enter- panj for the said place one m' PottC a M'' of Artes and as hee afirmed tayned for y' Phi- -^ypif practised in Chirurgerie and Phisique, and expert allso in Dis- sicons p ace. 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 y' wheras Doctor Bohune was tyed by his Con- tract to supply such of his Tenants as should dy after the first year att his owue charge that m' PottC might be released of that Covenant beinge too strict and ouer hard as hee supposed, butt ittwasaunswered 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 thingC verie reasonable to all well deservinge men, and therfor if m"' PottC would accept of the place vppon the same condicons as Doctor Bohune did hee should be entertayned and for his better content should be specially recommended to the Gouernor to be well accoinodated and should have a Chest of Phisique of 20" charge vnto the Company and all thingC thervnto apptayninge together w"' 10" in Books of Phisique w"" should allwaies belonge vnto the Company, w"" Chest of Phisique and Books Doctor Gulstone was desyred to buy, and seeinge hee intended to carry ouer w'" 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, w"" Condicons m' Pott havinge accepted of was referred to the Comittees to be further treated & concluded with. S' Fraunces Wy- Itt was signified that S' Frauncis WyattC brother beinge a M' of ArtC attc i)rother enter- ^^^j ^ good Diviuc and Very willinge to goe w*" him this present Voy- tavned for Mvn- , • , ^ i ^ ^ i t i i T./r • x i • i igter adge, might be entertayned and placed as Mynister ouer his people and have y" same allowance towards the furnishinge of himselfe w**" necessaries as others have hadd, and that his wife might have her transporte freed, w"*" moconwas thought verie reasonable and ordered by ereccon of hand^ 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 Captaine Welden moved y' hee might have leave payinge his f raight p^p' Leiden? mo- to take out his Tobacco now brought home in the Duty wherby hee Tobacco brought might sell the same to his best advantage, butt itt was obiected that home in >•* 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 servants att his first goinge to Virginia for w"** 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 w'''' hee pltended some excuse and withall offered that for somuch charge as the Company were att for him (w"*" 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, w"" this offer the Courte [258] was contented for the plsent to release his Tobacco and ordered y* direccon 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. m' Wrote acquainted y® Courte y* haveinge taken into considei-aeon ™' ^roxe. offered the plsent State of the Companies Stocke and knowinge ||it|l to be ^'J ^j^j^ ^'"^p^^^ 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 concepcons as may for the plsent supply the Companies necessitie w'" great plenty & defray ordinary charjies. ffirst therfor hee ppounded that wheras ther are divers comodities in ^'"'« ComodiUes Virginia of good value in themselvs w"" by the ouermuch greedines of vaiu?'in*t°hl ra- the Plante" have beyonnd all moderacon been sent ouer in that aboun - seiues to be appro- dance as the price of them is so abased as they will hardly discharge p''"'^'"'"^ '•» 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 YIROINIA COMPANY Saxafras for one, and three other or ' more of such Comodities as wilbe of good vahie if they might be brought ouer sparingly and the pro- porcon lymitted. The Vbc and end j^nd that neither the Planter nor Adventurer may * iustly eondempne *™ the appropriatinge of these Comodities hee did likewise propound the vse and end of them, hee wished therfore that the benefitt hereby accuriuge 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 Municou, in erectinge new Officers necessary for the gou9ment of the Plantacon, especially for establishinge CourtC of Justice, in buildinge of Ships, Galleys, & Shallops for Defence Trade and Discouery, In defi'ayinge the Charges of the Counsell of State in Virginia att their seuerall Quarter Ses- sionnC In buildinge of Bridges, makinge of Highwayes, and Aqua- ductC 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 , . • -y a n -i • ^xi j.iiij. chosen to consider herof , and power given to them to add alter or diminish what they please. And so corrected bringe itt to y* Courte And if itt shall then be approved to receive a full confirmacon in a Quarter Courte ||all w'^'' hee humbly submitted to the censure of this Court. II Whervppon the Court conceavinge itt to be a matter of great importance and worthy of Consultacon comitted the same to y® con- sideracon & advise of. S' lohn Dauers. m' Case well. m' Wroth. m'' Abrah: Chamberlyn. m' Deputy. m' D'' Gulstone. m"' Wrote. Doctor Winston. m' Gibbs. m^ Widowes. m' Darnelly. m' Ayres. m' Wiseman. who are desy red to meete about itt when m' Deputy shall appoynte . [259] ' Written over the word "of" by the copyist. 'The letter "y" written over the letters "eh" by the copyist. JULY 16,1621 519 m' Wrote further signified that wheras the reputacon of this Hono^e . m' wrot? deciara- Company hath by many sinister courses and iniurious Calumnies been coursee'A i'muries blemished, (w'^'^as a memb'' of this Company hee could not but resent) Calumnies «"> y,-^ yett the greatest obliquie that hath been layd vppon itt hath been the '^" ^"^°''''- ''^^'' J c> M J r r been abused 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 marchantC as have abused their trust and transgressed their Instruceons may reeeave 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 assereons, for that Comoditie is become their monny and is valued att 3' 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 Destruccons of more then halfe the last Magazine adven- ture but the consumpcon allso of well nigh all the Companies Stocke by sendinge the last supply of Prentizes and maydC for w"'' the Planters have repayd them againe in nothinge butt Tobacco att 3° p pound : And ye#fe notwithstandinge the publique Declaracon of the Company and pryvate informacon by publique §frequent§ Ires and otherwise of the base estimacon 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 therf ore advised that besides the decry inge 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 Consideracon and certifie their opinions what they should thinke fitt to be done therin. 520 RECORDS OF THE VIRGINIA COMPANY The Planters to j^t was likewise moved that wheras ther was sent hertof ore 50 : Boyes rrSdlleloTfun in the Duty w-^" cost the Company 500": for w'=" r Planters repayd value of 10" a per- them in ^(^ waight of Tobacco att 3' p pound ratinge itt att 10" a boy son for y 50 Boys ^^.ch Tobacco beiugc sould by the Company they could hardly reach to 5" 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 valuacon of iO" the psoun as itt stood the Com- pany vet II in II : w* mocon was very well approved of and ordered that a present Course should be taken to require the said pporcon of the Planters that the Company might not be loosers in the Disbiu'sment of their monny to their vse & benifitt. [260] Counseiio" chosen Whcras Credible informacon hath been given of the Death of Doctor inpteedofDoct: goj^^Qg j^r Quldsworth, and m' Tracy late chosen to be of the Coun- wnith'and m' scll of State in Virginia, The Courte now thought fitt and requisite Tracye. in supply of them to make addieon of other gentlemen vizd, m' Pott, m'' Leech m'' Paulett mynister and Captaine Roger Smith to be as pvisionalls Councelloi-s till they may receave confirmacon att the next Quarter Court and their names be incerted in the Comissions, TheWiddowGun- The Peticon of Widdow Gunston was now read and ordered that itt stones Peticon re- ^^^ ghould be referred to some of the Counsell and Comittee to call f> vnto him tcutcd that Defalcacou should be made vnto him for the said Debt ; Itt was agreed and ordered that the mony should be payd. JULY '2 J,, 1621 521 At a Court helde 24 Iulij 1621 S' lohn Dauers. m"' Deputie. m'^ Wroth. m' Gibbs. m'' Wrote. m"' George Sandys. Doctor Gulstone. Doctor Winstone. Doctor Anthony. m' Keightley. m'' Nicho: Ferrar. m' Shepparde. Cap' Bargraue. Cap' Martin, m"^ Barbor. m' Blande. m^ Bull, m' Swinhoe. m' Casewell. m' Darnelly. m'' Wyddowes. m' Baynam. m"' Couell. m' Edwards, m"' Harte. m' Moore wood, m"' Taylor, m"' Georg Smith m' Martin, w"" others. M' Wrote signified to the Company that hee had receaved informacon from a frend of his by letter that the Collection monny w"^ was gath- ered in the Countie of Norfolke towards y" buildinge [201] of a Col- ledge and Church in Virginia was payd ouer vnto m' Doctor leggon xhe Secretary to then B'' : of Norwich who dyed soone after wherby itt is conceaved repaire to >•' Pre- that all that monny remaynes still in the hands of his executo" vnac- search"^ who *^Vas 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 ^^°" ^'- °^ ^°^' were that were appoynted executo" by the sayd B"* : Itt was likewise signified that one m' Anthony Wythers out of an a Rich Como«iity earnest desyre to further the Plantacon had vndertaken to pcure out ^■"'"^^'^ of t';>^' Lo^^" 01 y" Low Countries a very rich Comoditie to be planted m Virginia withers. as allsoe men skillfull for the orderiuge therof w''*' if itt tooke that effect as was hoped, would exceediuglie advance the Plantacon in matter of pfitt Itt was therfore moved that in gratificacon of his good endeavo" herein the Court would please to admitt him a free m' wiUiers made brother of the Company w""" request was thought very reasonable and ^""^^ 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 consideracou and cei'tifie their opinions touchinge the same. m' Sachiuereii to \\\^ ^as allso moved that for so much as m"' Sachiuerell who went ou9 ^''^'ofhimsl'ife'^ heretofore to Virginia att the Companies charge had now againe repayde the Company as well for the charge of his passage w''"' was 6" as allso for the charge of his settinge outt w"*" 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 reqiiest accordingly. The 3 comissions The three Comissions formerly ordered to be graunted to the Gouer- Thre/& secr^C''"^ ^^^"i Thfcr, and Secretary of State in Virginia, as allso the Instruccons and one other Comission for the place of Vice Admirall graunted to 1 other Comission ^r Jq]^^ Pountice beingc now presented to the Courte were read and to m' Pountice or- . dered to be sealed approved and Order given to m' Deputy to affix the seale vnto everie of them, and farther ordered that Duplycates of each of them should be sent by the next Shipp.' CaptaineBargrane The Comittcec ftpp appoyutcd to hear the diffirence between Cap*: an ap a ine. ^.^^^^^Xi^^ and Captaiuc Martin haveinge now made reporte of their pceedings touchinge the same, Itt was signified that my Lord of South - My Lo: of South: amptou bcingc dcsirous to accorde the differences had been pleased to Barraue chose^ appoyut that Cap' Bargrauc 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 andhe tobe vm- |.]^gj.^^^ The Courte couceaviuge this to be the fayrest and likelyest course that could be propounded to give a fynall end thervnto they 1 1 hath 1 1 therfore left it wholly to that course his L^: had ppounded. M"' Deputy signified that haveinge plsented to the Ea of Southampton the 4 RolK of pchment whervnto divers had subscribed testifyinge therby their Zeale and constant resolucon to advance the Plantacon (notwithstandinge the many discourragment^ they had receaved) as ' These Instructions and a letter to the Governor and council in Virginia are mentioned in List of Records, Nos. 261 and 262, page 149, anie. JUL Y U, 1621 523 allso acquainted his Lo'' : with the 5 RolK proposed since for sendinge Shipwrights, and other principall ||worke|| men for makinge Ships, BoatC and other Vesselk wherof the Collony had great need growinge now to be populus and haveinge plenty of materialls for Shippinge, soe as they onely wanted Artiste to make vse of the same ; Itt pleased ^ly Lo: of South- his Lo": in furtherance of soe worthie ProiectC to subscribe for pay- *°-v^J,°LMf."^', i J scnbed, 200" to y' ment of no less then 200'' for his Lop° pt, w"" Rolk beinge presented RoIIs likewise to S' Edwin Sandys itt pleased him allso to subscribe for ^l Eviwin^Sandys payment of the like Sum. M'' Doctor Gulstone moved in the behalf e of Doctor PottS chosen for lo" allowed to the Phisicions place vppon his recomendacon that the Comp* : would ^"^'^ ^°" further please att his request to bestowe vppon him some 10" for his necessary provision for the present Voyadge w"*" the Courte takinge into consideracon 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. A request beinge made in the behalf e of m' Richard Toppinge Cittizen a request in j-'be- and Brownebaker of London that the Court would please to take into ^'4^!,°' ™' ^"^'^" their Custody an acquittance vnder his hand and Seale for a Debt due vnto him in Virginia from m' lohnn 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 y" 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] Vppon m' Cartel's mocon the Court pmitted him to passe ouer two m' Carter i; share shares of Land in Virginia the one vnto Rowland Trueloueof London !° ^*''''^">d Tru- ~ lone — 1: share to 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 approbacon of a Preparatiue Courte held for Virginia the 30'^ of Aprill last past 1621 524 RECORDS OF THE VIRGINIA COMRANY Itt was no"W moved that for soe much as divers gentlemen were gone into the Country (aecordinge to their vsuall manner att this time of the yeare) and for that the Comp*: had now ouercom the greatest pt of Ordinary Court? their buisiuBS that therfore the ordinary Courts might be putt of and suspended suspended till Michalmas ^f"^ 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 y' y" Comittee should have power to treat and conclude w"" such Mynisters as should off err themselvs to goe for the service of the Col- lony vjDpon the same tearms and condicons as others formerly had done. Vppon mocon order was given to m' Deputy to scale such Comisions as were to be graunted to Maisters of Ships bound for Virginia. Att a meetinge of y'' Magazine Aduenturers T"' 27 luLij 1621 m"^ Alderman lohnson. S^ lo : Wolstenholme. m' Deputy Ferrar. m^ Wroth, m' Wrote. m' Gibbs. Present m"^ Barnard, m"' Swinhoe. m^ Blande. m' Chamberline. m' Essington. m"^ Rogers. m^ Bull. m'' Wiseman. m*^ Darnelly. m' Case well. m"' ladwin. w"' dive" others. m' Fotherv.y as- j^t is agreed and ordered that Henry Fotherby Servant to S' Thomas monny '^ ^"'^'^^'^^ Smith shalbc assigned by the Adventurers to receive such monneys as are now due by Aldermann lohnson w''*' is near aboute. . . . 200" 00: 00 And of m^ Leete 281 :15 :00 of m^ Essington 100:00:00 of m' W" Caninge 092:10:00 of m' George Smith 097:02:04 JULY 27, 1621 525 [264] ffor the payment of a bond of 600" with the interest to one m" 6oo"w^ y* interest lane lohnson a Dutchwoman to the said Adventuror's vse. lane lohnson a Dutchwoman and the ouerplus to be reserved in Cash lohnwn''^' " Itt is agreed further that m'' Alderman accordinge to his owne offer ■"' Alderman to shall have the Sassafras att 30' price p Cent : Provided nevertheless ^f 3^ ^ ^^^'^ '^' that if y" said Adventurers can w'^'in 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. 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 " ^'^.,^^'' T' ^ ^ r- J nioneths end and monneys due by him and others in January next for the sattisfiinge r monny to be of a bond of 1000": w'" interest to the Chamber of London; And p*'*^^ what shalbe wantinge of the pceed of the said Sassafras and Debt^ to make vpp the said bonds w'" interest the Adventm-ers have prom- ised to make good. Itt is allso moved that lohn De Clark shall have order to selly® Mag- lo De ciark to sell azine Tobacco att 5' flemish that is to say 30 stivers and not vnder ^" ^^^^' '^''^'='^° butt is to take his best markett for advanceinge the said price as much as he cann. M'' Alderman lohnson, and m' Essington, made complainte against™' Alderman Cap' : Bargraue for haveinge much abused them in his sute of Chaun - gingtonr c^p'"- eery against them and signified that bee refused last Tearme to come against Captaine to tryall whervppon they had made a mocon against him and hoped ^*'^™"®- in the Courte of Chauncery to obteyne a good end att the next Tearme requiringe the consent of the Adventurers thervnto and for allowance of Charges of the sute vppon the Magazine Accompt for whose bene- fitt they sued ; The Adventurers Counsell was that since hee refused to 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 Y matter doe accordinge to iustice and equitie. Memof : that the Magazine standeth indebted to Martini Himdred -^lagazine indebt- for 8 Cowes sould there att 15" p Co we. [265] ed for S Cowes to Manin< Hundred. 526 BECORDS OF THE VIRGINIA COMPANY A COURTE HELDE Y^ 15'^'': OF OCTOBER 1621 S'' lohu Dauers. S^ Phillip Gary. S^ Hugh Wirrall. in'' Deputy, m' Gibbs. Doctor Anthony, m' Robert Smith. m' Shepparde. m' Nicho : Ferrar. Cap' Bargraue. m' Bynge. m"' Meuerell. m' Berkeley. m' Steward, m"^ Palavicine. m' Bland, m' Berblock. m'' Barb or. m' Edwards, m' Bennett, m' Ay res. m'' Wiseman. m' Case well, m' Barnarde. m' Bolton, m'' Atkins. m"' Swinhow. m' Widdowes. m'' Bayuam. m' Sewarde. m"' Rogers. m"' Palmer. m'' Lambe. m'' Morrice. m"^ Hickforde. m' lad wine. m' Webb. m^ Bull. m' Whitley. m' Georg Smith. m' Caninge. m' Cuffe. m"' Roberta w"" others. ACompT: madeto ]y[' Deputy signified y' the occasion of callinge this Courte was to Com "'^' ha- It' of his Ma*' : pry vy Counsell touchinge their It"' : proposicons for y° oriiered^to be pre- bringinge in or not bringinge in of all their Tobacco from Vu'ginia sented c. into England beinge now plsented to be read and taken into due con- sideracon was well approved of and ordered to be plsented to the 11' : that afternoone in the name of the Company, and divers appoynted to attend m"" Deputy aboute the same. The moste humble aunswere of the Virginia Company to the Right Hono'^ : the Lords of his Ma": most hono*^ : piyvy Counsell. May it please yo' Lop^ : They have accordinge to yo' IP' : order given m"' lacob a meetinge but The Companies could not from him vnderstand any possible means of accomodacon Lordrtouchi*n like manner eertaine 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 psonus 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 here vppon 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 w''*' the Courte noiated these Coinittees to treat w"* him about the same vizd. S' lohn Dauers. m' Abraham Chamberlyn. a Comittee to treat m"" Deputye. m"^ Rogers. " ™ m' Gibbs. m' Edwards. m' Tomlyns. m"^ Roberta or any 4. [271] m"^ Ayres. M' Ayres informed the Court that ther were some men that would somciefteoutin>- willinglie proceed in their Adventure butt haveinge paid in their ^jredTo be'nghtt^i monneys as male appeare by their bills yett they found their names lefte out in the printed booke and therfore desyred they might be righted in those defects : 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 sattisfaccon. ' For a declaration of the disposition of this money, see List of Records, No. 289, page 162, ante. 534 RECORDS OF THE VIRGINIA COMPANY A mocon for Pat- j^j^r Deputy signified that itt had pleased God to raise vp means beyonnd to "iiuera^ worth V their expectacon to advance the Plantacon in Virginia in that hee had men c. kindled |iin|| the mynds of many worthy men a desire still to proceed to the transportinge of great multitudes of people thither to w"" end and for their better encourragment hee was to move the Courte that they might ||haue|| Patents graunted vnto them in the vsuall forme. A Patent for m' The first Patent was for a gentleman that had deserved singularly Bennett ^^^^ ^^ ^j^^ 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 w"* m' Wiseman, and m' Ayres, and divers other their associates. A Patent for m' A Sccoud Patent hee moved for m'' Swayne, m' Barre, m' Conder, and Swaine their Associates who vndertakes to transporte 100 psons to Virginia. A Patent for m' A Third Patent was for certaine old and new Adventurers the new Trueioue beinge to the number of thirteen whose names are these that follow vizd. Comisaions C'. Rowland Trueioue. Tobias Cooper. Tho: Waterhouse. lohn Cocks. Frauncis Waterhouse. lames Berkett. lohn Lake. W" White. Law: Leigh. lo: Elkington. Ri: Perry. Tho: Ouer. Tobias lohnson. 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 w"*" the Court did well approve of and ordered that PattentC 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 Nona, 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.' [273] I * For some of these commissions see List of Records, Nos. 225, 277, 278, pages 145 and 151, arUe, OCTOBER 54, 1621 535 Itt was allso moved that stich as had either people or goods to send to Those y'hauepeo- Virginia would forthwith give notice to m'' Webb of their names that nodcetom'WebhT Shippinge might be provyded for them now that ther be so many- good Ships offered to goe vppon the Companies service. m"' Essington was entreated to pfect the Magazine Aceompts to the ™' Essington to end that such monneys as shalbe due before Christmas might be "^^^^X^. " divided amongst the Adventurers w^'out longer delay: which was hoped would prove halfe a Capitall. Notice was allso given that ther were certaine sufficient men come out sufiBcientmencom of Ireland ||who|| would would vndertake to transporte manny hun- transporte Cattie dreds of Cattle to Virginia this Springe vppon the same Condicons C'. that m' Gookin had donne; Itt was therfore moved that Southamp- ton Hundred, Martins Hundred Berkleys Hundred, and all other pryvate Plantaeons that desyred to have Cattle would be pleased out of hand to give speedy notice what numbers of Cattle they would have w"'' beinge certainely knowne they might pceed to a further treaty w**" the said psonns. M' Chamberlyne recomended vnto the Company one m' Staples a »' staples Com. preacher who haveinge a brother in Virginia that had given him good encourragment lo come thither was desirous to goe ouer; Whervppon some of Martins Hundred seemed to be willinge to enter - taine him for their hundred. m' lohn Smith moved that wheras m' William Tracye afore his goinge ™' ^o^ Smiths ouer to Virginia was arrested for 200" principall debt for w*^" hee putt p^^'' lat'eh^'^^om in bayle w"'' suite hath since proceeded and bine psecuted soe as the Virginia may ius- said cause was ready for iudgment wherof stay was made vutill some ^'^'' >'' death of m' wittnesses might be brought in to certifie of the said m' Tracyes death In respect wherof and for that hee hath reeeaved informacon 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 w''" the Company promised to procure him as many as they could herof . ended by m'Cham- berlyne. 536 RECORDS OF THE Y IE O IN I A COMPANY Direction to be Vppon the liumble Peticon of Robert Gaile shewinge y* wheras some ernortoLuseiorn 1^ years past hee furnished out one lohn Burroes to Virginia w"* Burros to make mouny, Armo', Apparrell, beddinge, Copp, Vietuall and other neces- D*K'I^f-'^M°° '° saries; And since that time allso hath sent him fewe supplys of what soever the said Burros write to him for. L-^ <«J In consideracon wherof the Peticoner was to have the moytie of all profitts made and raysed in Virginia by the Industry of the said lohn 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 plmises; 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 y'^ laste October 1621 Present. S' Phillip Gary. S'' Henry Rainsforde. S'' lohn Dauers. m' Deputy Ferrar. m' Gibbs. m' Wrote. m' Gulstone. m' Keightley. m'' Nicho: Farrar. m"' Berbloek. Captaiue Bargraue. Cap' Rossingham. m' EdwardC. m' Blande. Cap' Tucker, m' Palmer, m' Bull, m' Barbor. m' Boothbie. m"' Caswell, m' Baynam. m' Newland. m' Ay res. m' Widdowes. m' Bennett, m' Webb, m' Gosnolde. m' Sewarde. m"^ Meuerell. m' Lawrance. m'' Barnarde. m' Mellinge. m"^ Ewer. m' Newporte. m' Roberta. m' Whitley. With Divers others. OCTOBER 31, 1G21 537 M' Deputy declared vnto the Courte that hee and those gentlemen "^'' . Deputy gaue appoynted by the last Courte had deliuered vnto the It' of the Coun - comaund tobringe sell the Companies auuswer and resolucon ||to forbeare|| to bringe in in aii their Xoiia.-- any Tobacco att all for this year followinge which as their !tP' for- ^"^^ '"to England. merly intimated they conceaved would have given them full sattisfac- con; Butt their 1P°: tearmed itt an vnduetifull answere and com- maunded them on their pills to bringe in all their Tobacco, against w''" himselfe and the rest alleadged all the reasons y' were so often in the Courte discussed, of impossibilitie inconvenyency and the supposed [ou] ouerthrowe of the Plantacon But their Lo''" 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] ' Att this Reporte the Court remained much greiued and conceauinge it a matter of greater importance and difficulty then to admitt any present deliberacon espeacially of so fewe they were resolued that the buissines should be reserued entire for the Preparatiue and Quarter CourtC to take into theii" graue consideracons howe the Companie should proceed between two such extreame difficulties as their llp^ 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 proteccon of Virginia who turned all thingC for the best, when diuers former ProiectC in their first appearance seemed to tend towards the verie distruccon of the Plantacon ; and therefore hoped that hauing put their handC 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 bono'''* and glorious, and of high consequence vnto this comonwealth 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 llp^ professed to wish the prosperity of the Plantacon from whome wee may not ut to the question and ordered to be sealed. A Patent likewise for Martins Hundred hauing bin examined by this morniugC Court called on purpose for it aceordinge to the former Co"' appointement and by it approued as beinge drawne aceordinge to Southampton Patent, It was nowe put to the question and ordered to be sealed. [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 Contents whereof are as followeth.' January 28'" 1021 Most worthie Conipanie Whereas I sent tlie Treasurer and yo' seines a letter subscribed Dust and Ashes w"" promised 550" to such vses therein expressed, and did soone afterward, aceordinge to my promise send the said money to S"' Edwin Sandys to be deliuered to the Companie, In w'''' letter I did not strictly order the bestow- inge of the said money but shewed my intent for the conversion of lulidel)^ 'This document was copied into the majiuseript at a later date. 586 RECORDS OF THE VIRGINIA COMPANY Children, a.s it will appeare by that letter w""*" I desire Diay be read in open Court wherein I chiefely eoSiended the orderinge thereof to the wisedome of you the Noble §Hono'''''§ Couipanie, And whereas the gentlement of South- ampton Hundred haue vndertakeii the di.sposinge of the said 550" 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 w'''' not beinge donne aecoi'dinge to my intent but the monej' detej'ned by a priuate hundred all this while contrary to my minde, though I iudge verie charitably of that bono'''" Society, And as alreadj' j-ou haue receaued a great and the most painefully gained part of my estate towards the laj'inge of the f oundacon of Christian religion and helpinge forward of this pious worke in that Heathen nowe Christian land. So nowe 1 recjuire of the whole Bodj- of yo"' Hono'''° 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 bono"'" Companie that if you will procure that some of the male Children of y° Virginians (though but a fewe) be brought ouer into England here to be educated and taught, and to weare a babbit as the Children of Christy Hospitall do, and that _vou wilbe pleased to see the said 650" converted to this vse then I Sdo§ faithf uUv promise that when eight or ten of the Virginians Children are brought ouer, and placed in London either in Christy Hospitall or elC in the Virginian Schoole or Hospitall (as it may be called and by the wilK and guiftC of good men may be yearelj' augmented) where the Companie may haue an ey ouer them and be (as it were) nursinge tfathers vnto them then I say I faithfully promise to add 450" more to make the Suffle 1000" w'" if God permitt I will cheerfully send you only I desire to nominate the first Tuto"" or Gouernor who shall take charge to nurse and instruct them: But If you in yo' Wisedomes like not of this mocon then my humble Suite vnto y" whole liody of yo'' Hono'''" 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 f reindC shall well [313] like of wherein both Engli'^h and Virginians may be taught together aud that the said Schoole be endowed with such priuiledges as you in yo"" wisdomes shall thinks fitt: The M"' of w""" Schoole I humbly craue may not be allowed to goo ouer except he first bringe in to the Companie sound testimony of his sufficiency in learninge and sincerity of life The Loi'd giue you wise and vnderstandinge hart? that his worke herein be not negligently perfonned. D and A Directed To the right Hono''"' and wor" the Treasurer Counsell and Company let" of Virginia. JANUARY 30, 1622 587 This letter beinge referred to the consideracon of this Court for somuch as it did require an Account of the Companie howe they haue expended the saide money vizt the 550" in gold for the bringinge vp of the InfidellC Children in true religion and Christianity, S'' Edwin Sandys declared that the said money cominge vnto him enclosed in a box in the time of his beinge Treasuror, not louge 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 road in the Box vnopened: Wherevpon the Court after a large and serious deliberacon 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 vudertake for a certaine number of ti*e InfidellC Children to be brought vp by them, and amonngst them in Christian Religion and some good Trade to lyue by accordinge to the Donors religious desire ; But Martins Hundred desired to be excused by reason their 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 addicon of 100" more vnto the former some of 550" 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 consideracon 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 sttid- Societies purse) of a farr greater Sofiie toward the furnishinge out of Captaine Bluett and his Companie beinge 80 verie able and sufficient workmen w'" all manner of prouisions for the settinge vp of an Iron worke in Virginia, whereof the profifittC accruinge were intended and ordered in a ratable proporcon to be faithfully imployed for the educatinge of 30 of the InfidellC Children in Christian Religion and 588 RECORDS OF THE VIRGINIA COMPANY otherwise as the Donor had required: To w*"" end they writt verie effeetuall letters vnto S' Geo: Yeardley then Gouernor of Virginia and Capt : also of Southampton Plantation : not onely reeoinendinge the excellencie of that worke, but also furnishinge him at large with aduise & dh-eecon howe to proceed therein with a most earnest adiura- eon (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, AngellC, and men were fixed: The Coppie of w"'' letter and Du'eccon 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 S"^ George Yeardley; shewinge howe difficult a thinge it was at that time to obtaine any of their Children w"" the consent and good likinge of their Parents 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 w"*" Treaty was appointed to be that Sumer wherein he would not faile to do his vttermost endeauo". 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 satisfaccon by y"' faithfull Account w'^'' they should be able and at all times should be ready to giue touchinge the imployment of the said money. Concerninge w'^", S' Edwin Sandys farther said that as he could not but highly coiSend 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 w''" they might haue had by conference w"" him and whereby also he might haue receaued more cleare satisfaccon w'*" 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 so, 1622 589 Hee concluded that if the gentleman would either vouchsafe himselfe te §or§ send any of his frendC to conferr with the said Society they would be glad to apply themselues to glue him all good satisfaccon But for his owne ptieuler 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 S' Tho: Dale) might be farr from the Christian worke intended, Againe to begin w'" 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 ratC, it might rather tend to the exhausting of this sacred Treasure in some smale fabricke then to accomplish such a foundacon, as might satisfie mens expectacons where vpon he wished againe some meetinge between the Gentlemen or his frendC and Southampton Society that all thingC beinge debated at full and iudiciously se wayed some constant cours might be resolued on and pursued for the pceeding in and pfectinge of this most pious worke for w*'*' he praid the blessinge of God to be vpon the Author thereof ; And all the Companie said Amen. In the middest of this narracon 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 gi-eat bookC the names of these he nowe sent were these vizt a large Church Bible, the Coilion prayer booke, Vrsinus ' 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 thankC due vnto him. A Ire also was presented from one that desired not as yet to be named w*'' 25" in gold to be imployed by waye of Addicon vnto the former contribucon towards the buildinge of a ffree schoole in Vir- ' Zacharias Frsinus. 590 RECORDS OF THE VIRGINIA COMPANY ginia to make vp the other some 125" for w'''' the Companie desired the messenger to returne him their hearty thanks. M' Watcrhowse hai;iuge two shares of land bestowed vpon him for the great paines he had taken in solicitinge such as stand indebted nnto the Companie vpon their subscription whereof he had giuen a verie good Account, the said shares beinge put to the question were ratified & confirmed aed vnto them him. M' Balmeford hauinge also two shares of land giuen him in considera- con of his often attendance at CourtC and readines to doe the Com- panie seruice, being nowe put to the question were confirmed. And whereas m' Hugh Euans made request y* 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, w''*' Shares were due vnto him vpon paym' of his 4"' and fifth Supply as by Acquittances may appeare.' [31()] 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 BillC should be deliuered to the Secretary (takinge a note of receipt vnder his hand) whereby the said BillC might be in a readines to be exaiiiined l)y the Auditors who are to amend those defects and erro" 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 S' 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, w"" beinge carelesly kept by his Officers who had sett downe diuers Soines of money vnder mistaken names, he found thereby such variance and disagreement between the saide BookC as he had much adoe to reconcile them, yet he said he had nowe found out a meanes ' This paragrapli was inserted by the copyist in finer writing at the bottom of the page. JANUARY 30, 16^2 591 to excuse some exceptions that wei-e formerly taken thereat, but Some others, the Auditors for S' Tho: Smith desired some time to consider of. M' Copland the preacher hauinge three shares of land old Aauen- ture bestowed vpon him by the last Quarter Court in reward and gratificacon of his good DesertC did nowe humbly desire the same might be confirmed vnder the Companies Scale w"' allowance of fiftie acres the pson more for so many as he and his Associate should Vndertake to transport at their owne propper costC and charges W^" request was thought verie reasonable, and hauinge a Deed to this purpose ready drawne (accordinge to the order of the former Court) w*"* was nowe presented and read the Court approued thereof and ordered it to be sealed. [317] M'' Deputy signified that m' Leat the Minister beinge appointed to preach this last Sundy in S* Scyths Church vpon a Text the Comp* gaue him had pformed the same with good ai)probacou and beinge still Desirous to goe to Virginia recomended to the Gouernor and Counsell there to remayne in expectance till some place in the inistery become voide, did therefore praye the Companie would please to fur- nish them §him§ with some smale allowance for bookC and other necessaries : w"'' request hauinge bin formerly taken into consideraeon it was thought fitt to allowe him 20" to furnish §him§ with bookC and apparrell, and to paye for his transportacon : W" allowance the Court did well approue of. M' 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 w''" cause beinge present at the Sumer IlandC Court held on Monday last in the morninge he was willed by the whole Court to attend the Prasparatiue 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 satisfaecon 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 touchiuge this and some other his complaints should let his Ip: knowe that Mausell neuer acquainted the Auditors w"" this his pretended Debt as he ought to haue donne, nor did he euer Deuiaud it before of the Companie and yet he alledgeth in his peticon the said Debt to be due to him aboue six yeares since in the time of S' Tho : Smithes beinge Tf er And further that beinge lately warned to two seuerall Virginia Courts 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 (w'^'' must either be by purchase of some shares of land or by fauo' of the Court vpon his DesertC:) 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 Accounts he was likewise entreated by the said Suiner IlandC Court to make his Debt appeare at the Praeparatiue 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 Account? vnto them to be audited but he neuer came, the Court hath therefore ordered that he shalbe perremptorily warned to be present at the next Court for Virginia to exhibite his Accounts. The Aduenturers of the glasseworke desired that they might haue a Patent prepared against the next Quarter Court conteyuinge a graunt of such lands as shall become due vnto them aswell for transport of psons as for the aduenture of their ioynt Stocke in that buissines w*^ request the Court assented vnto. M' Barbo' hauinge had his Accounts touchinge the runinge Lotteries examined and ap]iroued by the Auditors and lying here at sundrie times in open Court to be seen whereat forsomiich as noe exception JANUARY so, 1622 593 was taken he therefore praid he might aceordinge to iustiee and equity haue his Quietus est vnder the Legall Seale of the Compaiiie w'^'' request in respect m"' Barbo' had Deliuered vpon his corporal! oath so iust and faithf ull Account : and had an authenticall Certifecates to shewe from the Magistrate and other of principal! 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. S' Edwin Sandys beinge respited till this Quarter Court to exhibite the remayne of his Accounts did nowe declare that at his last beinge in the Country he was not able to finde out such writing^ as did eon- cerne his said Accounts 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 Accounts w"*" had bin audited and allowed of wherevpon the Court graunted him his owne time to exhibite the same. M'' 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 Soiner 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 couenantC, contrary to w*^" he was nowe come home w^'out any direccon at all from the Companie and besidC had as j'et yealded no Account of one penny proffittC of Their Tenants labo" for these two last yeares for w''" 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 : W^"* Obieccons the said Captaine Welden seemed to excuse with this aun- sweare: That touchinge the first he conceaued himself e to be dis- 594 RECORDS OF THE VIRGINIA COMPANY charged by the Companies appointing of m' Thorp Deputy oner the Colledge land^ : And for the second he saith the Tenants 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 44" staid vpon his Tobacco as afore said : But the Court conceauing this toUeracon 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 w'''' they haue noe power to gi\;e awaye, but are to make good and to be aecoutable they therefore thought fitt to recoihend the further consideracon hereof to the Com- ittee appointed for the Colledge who are entreated to examine the equity of Capt: Weldens case, and takinge into consideracon his Demaund and to certifie their opinions what they thinke fitt to be donne therein. The Comittee for the Colledge appointed i4 lunij 34 1619 are these S^ Edwin Sandys. S^ lo: Worstham.^ S'lo: Dauers. m'^Dept: ffarrar. S' Dudley DiggC. Do' Anthony. S' Nat: Rich.^ Do' Gulstone. One Captaine Hazell came and presented in open Court a Certificate in the name of Captaine lohn Martin w"** he desired might be read the Coppie whereof is here inserted vizt. [320] The Certificate of Diners of the Right Honor™': of his Ma"": most Hono'^: priuy Counsell and others the Right Hono'^ and Right Wor": his Ma": Coun- sell mid Clouipiiny for Virginia." Whcras Cup': slo^ Martin Esq'': (havinge been a longe and faithfull servnt in the Southerne Colony for Virginia from the first begininge of y' Christiann ' Wolstenlioline. For the list of those appomted on this committee, see above, p. 231. ' This entire certificate ia in the handwriting of Thomaa Collett(?). JANUARY 30, 1622 595 Plantacon vntill thin daj-) hath requested a Certificate and testimony of his demcano"' and Carridge in all thing's according to our linowledge or otherwise, w"" honest & reasonable requeste wee are willinge to sattisfie and Certifie accordinge to truth. Wee doe hereby know and certifie y' by the general! Consent of his Ma": first Counsell of Virginia here settled in England by his Ma" ro^-all order and Com- ission in the fface of the publique and open Court assembled and mett together that the said Cap' In" Martin was elected chosen and sworne one of his Ma*": first Counccll of Virginia. Wee know allso y' §in§ the saide Hono" : and open Courte w'" y" 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 y' notwi'Ntandinge his first Adventure (w"" was verie laudable and good) hee hath ever since to his great charge con- tinued all manner of supplem" and necessaries of his vttraost power and habil- itie whatsoeuer And y' allso hee hath constantlie and ver}' worthyly endured all the misery and great calamytieof fore passed times w"" the losseof hisowne blood aiftd 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 Plantacon even to y" vttmost of his habillitie and power aft4 in all things vpholdiuge and lauboringe to maiuteyne w'" equall lustice & clem- encie all his Ma" Lawes ^rogatives and rights what soeuer tfor w'" respects and for his honest and worthy services allredy done and hereafter to be done for the encourragment of himselfe and others y' ma}' succeed: Wee y" Com- pany and Counsell for his Ma''': here resydent have heretofore graunted him sundry pryvelcdges, by Charter vnder our great .Scale for the setlingo of a pryvate Plantation vppon his owne allottment of Land in Mrginia wheriu hee hath pceeded w'" a great deale of charg and expence for w'" wee see and know no reason to the Contrary butt v' hee should and may enioy y* same accordinge to the true entcnt and meaningc of this graunt: In wittness wherof wee have here vnto subscribed our hands. || names || Pembroak. Tho: Smith. Ro: Warwick. Fra: West. Leicester. W" S" lohn. Mountgomery. Ro: lohnson. Sheiti^eilde. Samuell Argoll. Ro: Mansell. W™ Caninge. [331] 596 RECORDS OF THE VIRGINIA COMPANY This Certificate beinge read the Court thought fitt to referr it to the former Coiiiittee and some others nowe added vnto them vizt The former Comittees were these m' Herbert. m' Brooks, m' Earle. m' Gibbs. m"^ lermyn. m' Wrote. Wherevnto were nowe added S' Edwin Sandys. m' Copland. S' lo: Dauers. m' Rogers, m"' Wroth. m"" Baynham. m"^ Balmeford. m' Barbo'. who are to examine the seuerall points of his said Certificate and for the better satisfaccon of the LordC whome Caj^t Martin had misin- formed that they would please to take some paines to make a Declara- con of the Defects of his Patent and pticulerly sett downe the iusl exceptions that are taken thereat and thereof to make report. M' Deputy signified that the Rolls of Subscription for the maydC ffvuTS and ShippwrightC were yet §open &§ left free for any man to vnderwrite & that the later were nowe goinge to performe that worke w"" carried with it both bono' and proffitt : the Du-ector of that buissi- nes being a verie expert Artist and able to giue good Direccons for fortificacons. FEBRUARY 13, 1622 597 At a Court held for Virginia on WeDENSDAY the 13''" of ffEBKUA: 1621 S"' Edwin Sandys, m' Bulkly. m' Deputy, m'' Wroth, m"' Gibbs. m"' Sliippard. m"' Nicho : ffarrar m' Seward. §ni'' Copland. § 1 1 Present 1 1 m^ Bull, m' Barbo'. m"^ Rogers, m'' Widdowes. m"^ Baynham. m' lad win. m"' Weldeu. m^ Cuffe. m'^ Copeland. m' Mellinge. m"^ Edwards, m'' Darnelly. m'' Barker, m'' Caswell. m"^ Webbs, m' Woodhowse. m^ Willis, m'' Balmeford. The preceedent Quarter Court beinge read a request was made in the behalf e of ffranc Harwell that for somuch as his Elder Brother §S''§ Edmund Harwell K* of y" 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 S' Edmund by the decease of S"" Tho : Hai-well their younger brother who aduentured 37" 10' towards the aduaneem' of the Plantacon as doth [322] appeare : the Court would therefore please to confirme the said shares vnto the ||sd|| ffrauncis Harwell 1 1 where - vpon the booke being searched and S'' Tho: Harwell the Aduenturer|| beinge found indebted 25" vnto the Company vpon S' 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 w'^'' another man for him had vnderwritten, and an instance was giuen of the verie like ease allowed of by the Auditors and the Debt remitted w"" w'^'' 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 hancK confirmed vnto the said ffrauucis Harwell : In w''*' shares one m' Kellham hauinge an interest likewise from the said S' Thomas Harwell did nowe acknowledg in open Court his fiiU assent vnto the passinge of them vnto the said ffrauncis Harwell w*'*' acknowledge- ment he did likewise testifie vnder his hand and Seale Y^on 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 Houo^'" Ea : of Southampton in lanuary last 1620, the Smne of 25" for his Aduenture towardC the Plantacon in Virginia, that forsomuch as the said S" 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 A^on surrender of the former Graunt (w'^'' was nowe exhibited) to confirme the like vnto the said Thomas Bulkly in his owne name, who is resolued to proceed in that Plantacon w'''' the said S'' Richard his ifather 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 Hand to plant vpon. The Coiu't conceaued the request to be verie reasonable and beinge put to the question assented therevnto and ordered the said gi'aunt ||to be sealedll w"" the Counsells Seale. Whereas at a great and generall Quarter Court held for Virginia the IB"" of Nouember 1620 it was ordered that an addicon of 68" T S"* should be allowed in shares of land vnto Elizabeth Berkley widdowe w'''' came to fiue shares and a halfe after 12" 10' p share w"" w'" the [323] Remaine of 331" 12' 9'' 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 transports of men prouisions and Cattle to Virginia as by the leger and iournall BookC of Accounts examined by the Auditors and by an Account vnder diners Comittees handC doth api)eare w""" shares of land beinge nowe put to the question were confirmed vnto the said tEBRUARY 13, m2 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 S' ffrancis lones k' assigned vnder his hand and Seale all his interest vnto three shares of land in Virginia vnto S' lohn Wol- stenholme as by his said Assignement Dated primo October 1621 allowed by the Auditors may appeare, Nowe the said S' lohn Wolsten- holme hauinge in like sort by his ||sd|| Assignem' ginen and graunted the said shares vnto lohn Harrison his Servant, did nowe nioue they might accordingly passe the approbacon of this Court Wherevpon the said 3 Shares beinge put to the question were confirmed vnto the said lohn 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 w'" the approbacon of the Com-t Where- vpon m' Carter was appointed to signifie so much vnto the said Irebj' that he might be satisfied without farther Complaint. [324] M' Deputy acquainted the Court that one m' lo : 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 doun the Conipanie good seruice in nianj' voyages to Virginia and of late went into Ireland for transportacon of Cattle to Virginia he was an himible Suito' to this Court that he might be admitted a free Brother of the Companie and haue some shares of land bestowed vpon him, w"'' request the Court taking into consideracon 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 w'^'' they haue recomended to the next Quarter Court for confirmacon. 600 RECORDS OF TEE VIRGINIA COMPANY William Willis peticoninge for some consideracon 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 Aiiditors 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. Anthonj^ Bullocke and W° 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 50" doth doth nowe suppresse and deteyne these writings that should manifest their right to the other halfe of the said Aduenture beinge 50" more w'''' they purchased of the widdowe of the said S' Amias Preston, clayminge thereby the whole Aduenture to himself e Where - vnto m' Barker beinge present made aunsweare that [325] he had lawfully ptxrchased the said Aduenture w"** 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 Peticoners might haue no farther cause to complaine. M*" 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 aed: ||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- eracon wherevpon the Court appointed a Comittee to treat with the said Party, vizt m' Gibbs. m' Copland, m' Wroth. m' Balmford. m' Wrote. m' Roberta. 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 WilHam Weldens vndue pformance of the trust reposed in him by the Company in breach of the Contract made w"' them, he beinge nowe present, moued, that forsomueh as he could not get the Comittee (vnto whome this buissines was formerly referred) to meetenor could staye any longer in Towue beinge to proceed vpon other voyadges that this Court would therefore please to take this buissines into their consideracon and finally order it, & therevpon presented a writinge vnto the Court w''*' seemed to be framed in iustificacon 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 things as may appeare by the Aunsweares made vnto each seuerall obiection w"*" were these that followe.' To his first obieccon touchinge a promise of a supplie of 50 men more (the Springe ymeadiatly after his first settiuge out) and that vpon the same termes as those formerly sent w"* him, w'''' though it was not expressed in his Contract yet he said it was promised by S' Edwin Sandys then Treasuror in his conference w"* 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' towards 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 Obieccon that he was promised 3 Shares of land to be sett out for him, w"" 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 w''" he beinge willed to she we said he had lost it. 'A letter of complaint from Weldon to Sir Edwin Sandys is referred to in List of Records, Xo. 166, page 139, antt. 602 RECORDS OF THE VIRGINIA COMPANY To the Third obiectiou that he was to serue the Companie but for 3 yeares it was euidently proued by his Contract vnder his hand and Scale that he was to serue them for seauen yeares. To the fourth obieccon that the Companie proporcon of victual! allowed for his men for 12 moneths was not sufficient to mayntaine them for 4 moneths and therevpon was forced to depart w'" 30 of them to sei'ue 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 w'^'' was as much as vsually they graunt to any other : And to part w"" his men was imputed to his weakenes and much offended the Company when they first heard of it and caused them to [32?] giue present order that they might forthwith be restored: And it was further signified that if there had bin any iiist 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 grounds ||w''''|| he was promised, he was seated in the most barren places of the Country: It was signified that the place appointed him was f arr otherwise beinge chosen out by S' 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 Mathcwa || 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° Obieccon 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 Servants there to remayne : And further that it was giuen out he had taken money of one of those men for their passage thither, notwithstaudinge the Companie had freely giuen it him. tEBROARY IS, 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 m' Thorpe was ouely appointed Deputy of the Colledge landC, and that it could not but appeare vnto him by their Direccons that the Deputies place and ofl&ce was no Diminur-on either to his title or allowance no more then the Deputy of the Companies land was vnto the Captaiues there, w'^'' was nothinge at all. To the 8" : that whereas he said that diners of this Companie protested that m' Deputy ffarrar did promise them they should enioye the prof - fitt of their first yeares labo' w'Wt 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 handC, as also contrary to the report [328] of S'Geo: Yeardley the Gouernor and m' Thorpes Letters (w''" 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 Tenants should haue the fruity of their labo' for that first yeare, but vntill the Companies pleasure were kuowne, and in case the Companie should Demaund it they should make it good out of their next Croppe. Lastly he said that forsomuch as all that 900 waight of Tobacco he brought home vpon his owne Account (except C waight of m' Bucks for w"'' he is to send him returnes) he bought with that a]iparrell lynnen beddinge brasse and houshold stuffe of good value he carried with him & sold there at reasonable ratC as also in eomisseracon & 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 mark^ 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 obsoruinge duely what the Goxierno'' had writt concern - inge him, signifyinge he had giuen no |lgood|| Account of his place 604 RECORDS OF THE VIRGINIA COMPANY and that some suspicon there was that the Companies goodC in his charge were not well accounted, for w'^*' 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 w*"" the Companie are to be accountable, his Demaund herevpon beinge put to the question was by ereccon of haudC denied. Then Captaine Welden beinge called in again e 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 1000" and to bestowe vpon him xj'" for w'^'' he stood endebted to m' Swaiue 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 m' 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 w"" a Plantation of his owne & some freindC 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 Hono'''" the Lady Lawarr. Also one share of land in Virginia vnto m'' Oliuer Morden of ' in the County of Suff gent. ' A blank space in the manuscript. FEBRUARY 27, 1622 605 A Virginia Court held on WeDENSDAY 27"^" OF ffEBRUARY 1621 S' Edwin Sandys. S' lo : Dauers. m"^ lo : ffarrar. m'' Gibbs. m"' Wrote. m"' Tomlins. m'' Kightley. m"' Wheatley. m"^ Caswell, m"^ Barbo'. m" Roberts, m"' Newport. Present m' Shippard. m' Ro: Smith. Capt: Tucker. m' Mellinge. m"' Meuerell. m' Hart, m"' Balmeford. m' Sparrowe. m'^ Widdowes. m' ffelgate. m' Binge, m'' Budge, m"^ Harris, m' Webbe. m' Copeland. m"' Nicho : ffarrar. m"' Paulavicine. m^ Bull, m"' lermynn. m"" Scott, m'' ffaucett. m"^ Baynham. m' StockC. m'' Kelly, m' Lawr Ley. Capt: Bargi-aue. m'' Kenaston. m' lad win. M' Deputy acquainted the Companie that worde was bi-ought him ^be 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 handC, yet he had receaued good newes by Captaine Ray- den ' 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 w''*' 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 handC of TurkC in her waye but it pleased God to deliuer her out ' Written over the word "Rayner" by the copyist 606 RECORDS OF THE VIRGINIA COMPANY of their handC by a straunge accident, So as shoe escaped that danger and came safely with her people to Virginia and that they wanted only the Sea fflower wherein Capt : Hamer went w''"' they expected would be there w^'in a fewe Dayes after the cominge awaye of this Shippe. And further it was certified that they had: found the people in Vu'- giuia all in good health and that m'' Delbridges Shippe was there also well arriued with many good Comodities from the Suilier IlaudC for w'^'' extraordinary blessing the whole Coui't gaue all possible praise & thankC vnto God and were much comforted at so ioyfuU & welcome newes. [330] The order of the former Court touchinge Captaine Welden beinge read m' Deputy signified that fe at the risinge of the said Co'* 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 w"" he lent him at Midleburrough w"" request he praid the Court to take into theh' consideracon 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 w'^" was by ereccon of handC 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 11" Debt should be remitted vnto him in mercie and fauor towardC him, it was by a generall ereccon of haud< denied, in respect the said money was part of the CoUedge Stocke, and that the Companie was to be at a further charge to furnish out another in his roome. The Coinittees 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, l)ut it was aunsweared they might ||not|| swarue from the order of the Quarter Court w''" did appoint the Vsher to be first estab- FEBRUARY 27, 1622 607 lished for the better aduancem' of w'^" Accon diuers had vnderwritten to a Roll for that purpose Drawne w"'' 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 w""^ respect many sufficient Schollers did now offer themselues to goe vpon the same condicons 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 desiriuge 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 m'' Balmeford. m'' Copeland. m' 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 peticon against Robert Barker a Member of this Companie for keepinge backe those writingC w'^'' should manifest their right to the moyitie of S"' Aniias Prestons aduenture beinge 50" fforsomuch as both sidC haue agi'eed 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 fe it to a Comittee to comprimise the same between them, if they can, oi* otherwise to certifie to the next Court their opinions what they shall thiuke fitt to be donne therein vizt m'' Wrote, m' Tomlins. m"' lermynn. who are entreatreated to meet at m"' lermyns Chamber in the Temple on ffriday next about two in the Afternoone. 16455— VOL 1— Ot> 39 608 RECORDS OF THE VIRGINIA COMPANY M' Nicho : ffarrar moued that for somuch as his Accounts for the fifurr buissines were nowe made vp that the Aduenturers of that priuate Companie would please to appoint some to examine and audite the said Accounts : Wherevpon the Court nominated m' Bull ||m'Moorer||. m"" Caswell Hm' Palmer||. m' Barbo". to meete vpon Satturday the second of March next in the morninge. Vpon the humble peticon 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 Robei't Limpanie being taken into consideracon the Court there vpon 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 Sohe 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 vj^ton also (Peirces servant) be caused to restore his Sonns goodC at his cominge ouer, w"'' Vpton tooke away from him when he ran away and carried them ouer w"" him to Virginia. M' Hiddlebrand Preiwsen assigned ouer one share of land to Thomas Pemble, w'^'' being allowed by the Auditors passed the approbacon of this Court. M' Edward ffaucet in like manner passed three shares of land to m' Nicholas ffarrar. M' Scott with like approbacon 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 60" aboue these 6 yeares in S'' Thomas Smiths time and yet it did noe waye appeare, and that m' Caninge pretended that this Comp* were hkewise indebted vnto him bnt for somuch as the said m' Caninge had receaued diners 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 Accounts, 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 W" 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|l what ability ||he|| is reported to be there in respect of y^ gi*eat Supplies he hath sent thither w'^'' 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 addicon 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 informacon of those LordC (whose handC 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 excej)ted against and not spared to traduce some of the said Coinittee, notwithstandinge they proceeded with as much respect and fauo' towards him as in reason could be required that therefore it would please the Court to take this buissines againe into their ||owne|| hand^ and Debate the same in the presence of this generall Assembly. Wherevpon the Court caused the said Certificate to be read w''" 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 Deserts as also in approbacon of his Patent nowe questioned by the Companie w"*" Certificate beinge read they caused also his Patent to be deliberately read and examined and w"' all those exceptions w'^" the former Comittee had collected vpon it, By all w"" as also by the Court book^ beinge searched it plainely appeared that the Patent was neuer confirmed by a Quarter Court but only had the approbacon 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 deliberacon 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 faccon or spleene towards him did seme to crosse the Act of the whole Companie and of his Ma" Counsell for Virginia in whose name the said Certificate was framed to the infinite wronge of the whole body. ffor auoydinge of w'^'' fowle aspercon 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 headC. [334] 1. That whereas they are constrained and lymited by his Ma" Letters Patents to fower great and generall Quarter Courts for passinge of all Patents of waight and Disposinge of land in Virginia That contrary herevnto Captaine Martin presented both tbis 1 1 this || his Patents for land and his other Patent for the Masterpp : of the ordinance ready engrossed and w^'out the preexaminaeon of a Comittee to the appro- bacon of an inferio' Court w'^'' had no power to graunt any Patents where notwithstandinge it passed by the power of Captaine Martins f rend^ 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, mm 611 authority of his Ma'° Letters Patents as also the standinge orders of the Corapanie fundamentally deriued and gi-ounded vpon the said Letters Patents. 3. To Declare the ill effect? w'^'' 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 Plantacon a receptacle of disordered persons where such as are indebted do shroud and rescue them selues vnder his proteccon w"** 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 gi-aunt him a newe Patent vpon surrender of his old, w'" as large and ample priui- ledges as they may or can graunt by his Ma" Letters Patent?. [335] Accordinge to these heads and what other addieons shalbe thought uecessarie the Court haue entreated S' lo Dauers. m' Wrote, m^ Deputy. m' Gibbs. m' lermyn. 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 m' lermyn can then be present, but if not then to meet vpon fi'i- day morninge at m"' lermyns 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 thiuke fitt that diuers Coppies be made of the said Declaration to present vnto the Lord? and others. 612 RECORDS OF THE VIRGINIA COMPANY ' At a Court held for Virginia THE i3" OF March 1621 m"^ Deputy ffarrar. m"' Gibbs. m' Wrote, m' Ro : Smith, m' Kightley. m' lo: Smith, m"^ Shippard. m' Steward, m'' Binge, m"^ Tomlins. m'' Scott. m' Palmer, m' Bennett, m^ Barbo'. 1 1 Present 1 1 S"' lo: Dauers. S'Phil: Carey. S' lo: Wolstenholme. m' Wiseman. m' lad win. m' Copland. m' Syward. m' Meuerell. m'' Combs. m'' Mellinge. m"^ Barnard. m"" Caswell. m'' Weston. m''Abr: Chamblen. m' Wynn. m' Roberta. m' Whitly. m"^ More wood. m' Eldred. m' Leuer. m' Harrison, m' Darnelly. m' Bland, m^ Bolton. Capt: Bargraue. m"" EdwardC. m' Geo: Smith, m' Raph ffogge. with diuers others. m"^ Parker, m'' Newport. m' Swinhowe. m' Baynham. m' Tayta. m"' Kingston. m' Ma: Shippard. m"^ Hickford. m"' Barkham. m' Martin, m"^ Widdowes. m' Viner. m"^ Caninge. m' 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 w"" all their people and prouisions, sett out this last SuiTier, he nowe signified the Generall Letter was come to his handC importinge as much as had bin formerly deliuered w"** letter for more perticuler Relacons did referr to the Letters sent by the George w"" 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 mocon 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 p«te purpose before a generall Assemblie of the Companie : w*^*" mocon was well approued of and thought fitt to be taken into eon- sideracon vpon returne of the George, w""" 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 for' Virginia held tbe xxxth of lanuary last their was presented ||to|| the said Courte a Certitioate on the behalf e of Cap': Ino: Martin in y° name of y° Counsell & Comp": for his Ma"° here resident conteyuinge a Declaration of his worth and services and therby reputinge him to be worthie to enio}' the Patents and priveledges therin graunted vnto him subscribed by some Hono''''' personus and others: divera of whome the Company conceavinge not to be fullj^ enfurmed of the truth of all passages in that buisines, have therfore thought itt their duty to give vnto them and pticularly vnto yo"' Lo": a true Accompt of y° Stat« and Carriage therof. May it please yo' Lo": therfore to be aduertised That wheras the said Company are lymitted and dyrected by his Ma" tres Patents to 4 great and generall quarter Courts oueU' for passinge of all 'The words of this paragraph to this point are in the autograph of Nicholas Ferrar. What fol- lows, to the end of the certiticate, is in the handwriting of Nicholas Ferrar's assistant, referred to as Thomas CoUett. 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 Ma'^: to be invyolably observed. Contrarie here vnto ther was ^sented att a pryvate inferio"' Courte 2 seuerall Patents ready engrossed (y" Comp": not beinge afore acquainted w'" them) the one Constitutinge the said Cap' Martin M"' of the Ordnance the other conteyn- inge a Graunt of Land vnto him his heir< execute" and assignes, By w'''' pry vate Courte called extraordinarilie and as bj^ y' effect appeared for y' onely buisi- ness the said Patent was vnlawfully and vnduly passed notw"'standinge y" dislike of divers then ^sent but yett neuer had y' ContirmaCon of a Quarter Courte, Secondly the said Patent for Land doth conteyne an intended graunt of divers exorbatant pry vcledges and traiwcendent liberties to Cap' Martin apparantlie repugnant to iustice and the good Gouerment of the generall Graunt Plan- tacon w'" the Comp": by his Ma""" Tres Patents to them could not graunt as namely the exemption of ||all|| the people within his Lands from 3'' Gouerm' of the Gouerno"' and Counsell in Virginia and from all other services of the whole Colon}' there (except in case of Warr) and allso a graunt of vnhniiited flishinge, And allso y" fl'ifte pt of all rich Mynes, And to enioy all other Mynes found by him his heir^ or assignes and of Comon Martes to be erected att his pleasure & many other ift generall indefinite liberties as appeareth in the said Patent; By collour of w"'' exorbitant Patent many great inconven^-encies have followed to y" Company & Colony, as in pticularr Cap' Martini refusall to submitt himself e to ye Lawes and orders ||of the Colony || in Virginia. And y' his Plantacon is made a Receptacle & Harbo"' of disordered psonns who subterfuge thither from ordinary Justice, All w''" & many other mischeef< have been often Compiayned of by y" Colony att their pticularr and generall Assemblies and b}' y" Gouerno" there and most greivously by Cap' Argall himselfe then Gouerno"^ by his letter to the Company, notwithstanding his owne subscripcon to Cap': Martins saide Certificate in approbacon of the said Patent vppon w'"" tre an order was made in a great and generall Quarter Court in ^lay HJls, and a Coniittee appoynted to examine and reforme y" said Patent there being ^sent att y' Court S' Thomas Smith and ra' Alderman lohnson then Tfer and Deputy to this Company so y' itt seemeth strange to y" Comp*: to finde their hand^ allso to Cap': MartinC Certificate contradicting the Act of y' great Courte wherin themselvs were y° principall directo": Moreouer y° said inconvcniencies have been lately testified Viua Voce before y" Company in open Courte. [337] \ k MARCH 13, 1622 615 Lastly y" Company have and doe allwaies offer to grant y" saidCaptaine Martin (of anj' of whose good demerritts they should he glad to heare and cheri-^h) vppon surrender of his former a new Patent of all his Land w"' as large and ample pryveledges as any other hath w"" fauour all butt himselfe have most willingly & thankfully accepted of. The said Certificate of Cap': lohn Martin was subscribed to with these names vizd Pembroak. Tho: Smith. Ro: Warwick. ffra: West. Leicester. W": S" lohn. Mountgomery. Kob' lohnson. Sheti'eilde. Samuell Argall. Ro: Mansell. W" Caning. W*" Declaration beinge read and some wordes^ altered that might fitt it to the qualitie of those that were no lordC 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 S' lo : Dauers and m' Tomlins to deliuer vnto such LordC as had subscribed therevnto a perticuler Coppie of the Com- panies aunsweares aa also vnto the said Certificate as also vnto the M" of Requests w"" 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 behalf e of W" Capps'"* 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 satisfaccon of some ||especiall|| frendC of the said Caps before whome he had bin wronged and impaired in his reputacon that the CounselK seale might also be affixed vnto the said writinge, wherevpon the Draught of a Certificate to this jiurpose beinge presented in Com-t and read and the forme thereof somewhat amended was after put to the question and ordered to be writt out and sealed as aforesaid. ' This word is written over " former." • Written over the name Carver. 616 RECORDS OF THE VIRGINIA COMPANY M' Hall an Atturney havinge brought to the Coui't the Coppie of an order made by my Lord Keeper vpon hearinge of y° cause and Differ- ence between Capt: Bargraue plaintiffe and S' Thomas Smith ||m'|| Alderman lohnson and others Defendants touchinge a bond of eight hundred pounds in question and touchinge some wrongs and losses sustained by thee* ||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- ants that therefore it might be taken into consideracon and referred to the examinacon of a select Coiiiittee 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 Accounts they were nowe called vpon two sundrie times, but neither of them appeared, wherevpon direccon was nowe ||also|| giuen for the warninge of them to be present with their Accounts at the next Court. The Court takinge into their consideracon certaine proposicons 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 requests namely that vpon certificate from the Gouernor of Virginia of his sufficiency and Diligence in fraininge 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 grounds 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 w'^'' is to be flue 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 agi-eed he shalbe furnished with bookC fitt for the Schoole for w"'' he is to be accountable, and for y" Children the Companie haue likewise vndertaken to prouide good store of bookC fittinge for their Vse for w"'' their Parents 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 Ai'ticles indented. [339] Vpon mocon that whereas the Sumer Iland^ 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 IlandC haue deuised many good and holesome lawes to the great satisfaccon 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 ref orminge and sv;pplyinge many Defects both there and here, w"*" mocon was well approued of, and because this waighty buissines was formerly taken into consideracon and Diuided into his parte and comended to the care of those Coiliittees the Court desired they might againe be put in mynde of their seuerall taskC and afterwards their labo" : beinge brought to the veiwe of this large CoiTiittee nowe appointed by the Court, who are likewise to obserue and collect what bindinge orders haue bin made in Quarter Courts or other inferio'' Courts since the last printed publicacon, and havinge reduced the whole works into a Body of lawes might then be presented to feie §the§ gracious § veiwe of his§ Ma*'*^ veiwe by whome beinge approued they might after passe the confirmacon of a Quarter Court. 618 RECORDS OF THE YIRQINIA COMPANY The names of the Comittees are these . S' Edwin Sandys. m' Wroth. m' Caswell. S'lorWolstenholme. m'' Tomlins. Capt: Bargraue. S' lo: Dauers. m' Nicho : ffarrar. Capt: Tucker. m' lo: Smith. m' Kightley. m'' Edwards. m"' Ro: Smith. m"' lermynn. or any fine of them m' Gibbs. m' Hackwell. m' Wrote. m' Bennet. I who are entreated to meete about this buissines vpon Tuseday in the Afternoone at m^ Deputies in the meane time m' Wrote is desired to collect such orders as haue bin made since the last Publication w""" are fitt to be reduced into lawes. M' Deputy signified that he had receaued of late certaine intelligence that m' Gookins Shippe was arriued in Virginia with km^ §40§ youuge 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 - dicons, that a Ire might be writt to m' Gookin by way of offer that if ft«y 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 w"*" mocon was well approued of and order giuen for a letter to be drawne to y' effect. ^ [340] M' Waterhowse presented his Account signifyinge of dyvers that beinge solicited had bilk to shewe of moneyes paid to s'' Thomas Smith and his Servants for w"*" 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 i|said|| Accounts and to receaue such informacon as shalbe giuen them from time to time touchinge those buissinesses. The peticon of Isabell Read beinge taken into consideracon the Court hath ordered that shee shall repaire to Captaine lo : Martin to require his aunsweare touchinge his promise of satisfaccon 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 w^*" lames Read her husband deceased in Virginia enioyed in respect of y** Aduenture of his person thither, and Died seized of them, the Court hath con- firmed the same vnto her Daughter loane, accordinge to her desu'e beinge the next heire vnto her deceased father. A request was ||made|| in the behalf e of Captaine Each M"^ of the Abigaile, that forsomuch as he had donne the Companie good service, in transportinge of Passengers wherein his ease 1 1 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 w""* respect the Gouernor had allotted him 500 acres of land vnder the Collonies Scale, His humble Suite therefoi'e nowe is that the Companie would please to confirme the same vnto him vnder their legall Scale and that he might be admitted a free Brother of this Companie : w''*' request the Co'* generally assented vnto, and recomendinge it vnto y" Quarter Court for further confirmacon, when it is dteo thought that some pro- porcon of land be bestowed vpon him for his better encoui*agement herein. ffrauncis Carter assigneth one share of land in Vu'ginia vnto Phillip Wood of London gent with allowance & approbacon of this Court beinge parcell of the 40 shares assigned vnto him by the Right Hono'''® 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 ese ||two|| share of land from Captain Raph Hamer vnto m' Henry Hutchinson Cittizen and Grocer of London these last §8§ shares beinge contained in one Bill of Aduentiu'e. 620 RECORDS OF THE VIRGINIA COMPANY An extraordinaet Court fob Virginia HELD ON WeDENSDAY IN THE APTERNOONE THE 20^^" OF MaRCH 1621 1 1 PRESENT 1 1 S' lo: Dauers. m' Edwards. m' Caswell. m'' Deputy ffarrar. m' Wlieatley. m'^Mellinge. m^ Gibbs. m"' Barbo^ m'' Dennis. m'' Wrote. m' Balmford.' m' Hacket. m' Tomlins. m' Seyward. m' Cnffe. m'' Ro : Smith. m' Baynham. m'' Geo: Smith. m'' Nicho : ffarrar. m' Roberta. with diuers others m"' Binge. m' Meuerell. A request was made in the behalfe of m' Dennis M' of y^ 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 confii'me the same vnto him w^** request the Court takinge into consideracon was pleased to ratifie vnto him, and whereas complaint was made that he had taken 20" for the transport of three Passengers homeward w"'' was more by 40" 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. M' Deputy acquainted the Court that hauinge receaued a Tre the 16 of this present Moneth from m' Alder lohnson with request that the 'Written over the word "Balmfold." MARCH W, 1622 621 Virginia Court booke might be brought to S' Thomas Smiths for y* 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 w^'^out y'' priuity and allow- ance of a Court wherevpon havinge yesterday signified so much by letter to m"^ Alderm : lohnson 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] Bargi-aues cause before my Lo: Keeper the Court books were carried as farr as Westminister touchinge w"" m' Deputy said he let m' Alderman lohnson 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 consideracon did well approue of what m' Deputy had Donne holdinge it vnfitt the Records of the Companie should passe abroad w'^out license of a Court And touchinge m'' Alderman lohnsons 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" CoiSissioners 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 book^ nor bookC 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 Cofiaittee 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 y^ Companie and yet hath refused hitherto to present them §It is thei*efore ordred he shall be once againe pemptorily warned to bringe them in§ w*"" intimacon 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 intelligeuee was giuen that one m' Smaleman a gent of heriford sheire had paid 25" to m' Caninge w''" he neuer brought into the Companies Accounts whereby m' Smalemans name was quite left out in the printed booke. S' Anthony Pell and the Lady ludith his wife passed ouer two shares of land in Vh-ginia vnto W" Savill esquire beinge formerly aduentured by m' Aldfan Rotheram and at his Decease bequeathed vnto the said Lady ludith his then wife. M' Deputy signified that one m' Leuison desired a Comission to trans- port Passengers to Virginia hauing formerly taken a Patent for sctlingc 1 1 to settle 1 1 a pticuler Plantacon there, where vpon y^ Court gaue order for drawinge vp of his Comission and for affixinge y" Companies Seale there vnto. [343] At a Court held for Yirginia on Wedensday the 27^" March 1622 Present. Right Hono'''^ Lo : Cauendish. m'lo: Smith. Lo: Padgett. m' Ro: Smith. S'' lo: Dauers. m' Brooke. S^ Phi: Carey. m^ Hacket. m" Deputy. m' Nicho : ffarrar. m"^ Wrote. m' Barnard, m' Gibbs. m' Mole. m' Bland m^ Bull m' Kightley m' Caswell m' Barbor m' Balmefor[d] m' Grace m' Swinhowe m"^ Baynham, m"^ Widdowes m'' ladwin m'' Benn[ett] m"' Viner m"' ffoxon m'' Wood, m' Penistone m"' Scott m' Kirby m"^ Winch m"" Woodall m'' Stephens m'' Brudenell m'' Dar- nelly m' Wheatley Capt : Tucker m' Nicholls m' EdwardC m' ffelgate m' New [port] m' Leuer m' Copeland m' Roberts m' Leigh. MARCH 27, 1623 623 M' 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 tres sent by her w'^'' 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 things they ga[ue] aduertisement that the Ironworks so longe and earnestly desired were nowe in a good forwardnes to be sett vji by the meanes of m"' lohn Berkley who doubted not but to make Iron there by Whit - sontyde, also of the great hopes they haueof Gotten 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 ft'renchmen 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, w"*" make them all desire that Store of Silkwormeseed be sent them with y'' first conveniency. There was also now presented certaine proposicons sent to y^ Com- pan[ie] by m'' Deputy Nuce for alteriuge theii- present condicon with their Tenants for the better improuement of the publique Revenue and aduancement of the generall Plantation, w*^*" 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 consideracou and to eertifie then- opin[ion] ||touching y" same|| against the Quarter Court. [34-4] Vpon the presentinge ei a Certificate from the Gouernor of G^ Vir- fjima of the safe arriuall of the Warwicke there order was giueu for payment of the fraight accordinge to the Contract made with the Owners w"*" was for payment w"'in 14 dayes after sight. M' Bull Treasurer for the last Magazine sent to Virginia acquainted the Court that he had not receaued the full some of the lointe Stoeke vnderwritteu in that Roll by 200" by reason that some had not as yet lti456— 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 Ma" Counsell for Virginia much concerninge the Plantation haue referred it accordingly to their consideracon. M' Deputy signified of three Shipps sett out by priuate Aduenturers namely the furtherance the lames the Margaret and lohn that would be ready after Easter to sett Sayle for Virginia and therefore desii'ed that such as had either Passeng" or goodC to send thither would be pleased to giue speedy notice thereof, and further moued for order to drawe vp seuerall Coinissions for the said Shipps w''" the Court assented vnto authorizinge m' Deputy to seale them. Hee also moued for order for drawinge vp two seuerall Patents 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, w"'' the Court assented vnto. Edmund Brudenell of Stoakemandauill in y* County of Breck : esquire by his Assignem* vnder his hand and Seale bearinge Date the 28'" day of Aprill in the 12"' yeare of the Kings Raigne of England C passed ouer to ffrauncis Brudenell his sonn his two Shares of land in Vir- ginia due for the Aduenture of 25" paid to S' Tho : Smith then Tf er for Virginia as by his Bill of Aduenture vnder the Companies Seale Dated the 3 8"" of March may appeare (whose name notwithstandinge is left out in y^ Printed booke) w^*" 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 " APRIL 3, 1622 625 to goe vpon reasonable ||condicons|| where vpon the Court referred them to the Coinittee 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 hono'''^ the Lady Lewarr To Henry Paulsted of London march taylor 3 To George Mole of London gent 2 To m"^ lo : Bowater of London Marchant 2 To m' Rich : Stephens of London painter stainer 1 To Rich : Markham of ' in y* County of Kent esqr 1 Also llm'll Thomas Mellinge passed ouer two shares of land in Vir- ginia parcell of 6 : assigned vnto him from m' Raph Hamer vnto m' Robert lefferies of London Haberdasher. An extraordinary Court held for Virginia on Wedensday the 3° of Aprill i622 Present Lo: Cauendish. S' lo: Dauers. m' Deputy fEarrar. m' Gibbs. m' Wrote, m' Ro : Smith, m"^ Tomlins. m' Nich" ffarrar. m' Ditchfeild. m' Edwards, m' Rogers, m"' Caswell, m"^ Wiseman, m' lad win. m' Woodall. m' Geo: Smith, m' Meuerell. m' Webb. m' Sparrowe. m'' Mellinge. m' Cuffe. m"' Caninge. with diuers others. The Sumer Hand? Court held this Afternoone beiuge dissolued and the Virginia Co" sett m' Depty signified that vpon a proposicon for- ' a blank space in the manuscript. 626 RECORDS OF TEE 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 m' Gookin had donn, so as they might knowe and be assured aforehand at what ratC they should be able to put of their Cattle in Virginia at their cominge there w''*' offer the Court tak- inge into consideracon 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 eleccon for w''" 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 w**" 40" a peece in Apparrell w''*' 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 eleccon as is desired. Vpon notice giuen that one m' Hawes pretends he hath diners bills of Exchange remayninge in his handC §of § good Soines of money due vnto him from y" Virginia Companie the Court doth desires that he make his Demauud< in writinge and present them on Monday next to m"^ Deputy that the next Court may take them into theu" consideracon. APRIL 10. len 627 At a Court held for Virginia THE lO'^" DAYE OF ApRILL 1622 Present S^ lo: Dauers. m' Edwards. m' WoodaU. m'^ Deputy. m' Barbo'. m' ladwin. m^ Gibbs. m' Barnard. m"' Rogers. m'' Wrote. m' Copland. m"' Morewood. m"' lo : Smith. m' Barkham. m' Harris. m"^ Ro : Smith. m'' Caswell. m'' Widdowes. m' Nich° ffarrar. m' Roberta. m"" Geo : Smith m' Geo: Mole. m' Meuerell. m' Bull. m' Mellinge. m' ffoxtou. m' Webbe. m"' Baynham. Vpon the readinge of a former order of Court declaringe the gi-eat hopes the ffrench Vignerous 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 poundC (as might appeare w"" by the Contract made with them vnder the Companies Scale) for w"*" 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 satisfaccon : Wherevpon it beinge taken into [347] consideracon 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 w'^'' the Companie haue promised hereby and vndertaken to saue him harmeles fe^^r ||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. HercATpon a mocon 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 w*"" mocon was well approued of and thought fitt to be remembred in the next generall Ire to y" Gouernor whei-eby it might be proposed vnto them and required of them. Vpon notice taken of the Companies Treasury exhausted informacon was giuen of much money that might be found due to the Companie from Accountants (if their Accounts were duely examined) touchinge w"'' a Note was presented in Court touchinge ||of || diuers moneys made paid to S' W" Garway by the Virginia Companie w'^'' are not to be found in S' W" Garway es Accounts, w"" note as by the pticulers appeared amounted to no lesse then 433" 17° 4** : where vpon the Court desired the Auditors to take notice thereof and to examine the said Accounts and other like Somes they shalbe informed of and accord- ingly to make report vnto the Court. ff orsomuch as the George was nowe returned safe from Vu'ginia con - firminge the good newes they had formerly receaued of the safe arriuall of then- Shippes and people in Virginia sent this last Soiuer : it was nowe thought fitt and resolued accordinge to a mocon 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 w*^*" 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 w"*" request m' Copland was pleased to vndertake it and therevpon two places beinge proposed where this exercise should be pformed namely S' Michaells in Cornehill or Bowe Church it was APRIL 10, lem 629 by ereccon [348] of handC appointed to be in Bowe Church on Wedensday next beinge the 17"" Day of this present Moneth of Aprill about 4 of the Clocke in the Afternoone for w'^'' purpose m' Carter is appointed to giue notice of the time and place to all the Companie.' A request was made in the behalfe of m' lohn Berkley M"' of the Iron workC in Virginia that in respect he had with extraordinary Skill and Industrie bi-ought that longe desired worke to so good foi-wardnes 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 supphe him and his people with such prouision as he hath most earnestly desired in his letter, w'^" charge he hath promised to repaye againe out of the first fruite of their labo" w'''' request beinge taken into serious consideracon and w^'all 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 w"*" he should be secured as before they hath §bin§ declared. Whereas m"^ 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 w''" agi-eement and allowance this Court did well approue of. M' Deputy moued for drawinge vp a Patent for S'' Bowyer Worsly who intended to transport and plant diners persons in Virginia: Wherevpon the Court ordered a Patent to be made ready for him against the next Quarter Court. Vpon readinge a Ire presented in Court directed to m' Deputy ffarrar from one m"' Nicho: Hawes signif yinge of two Bills of Exchange made ouer vnto him the said Hawes by m' Henry Rolfe payeable longe 'This sermon was printed and is referred to in List of Reoonls, Xo. 311*, page 155, anit. 630 RECORDS OF THE VIRGINIA COMPANY since and sett downe in m' Essingtons bookC as Debt< of y° Com- panies to be paid as money es came in, the Court takinge it into con- sideracon 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 direccon beinge to S' Thomas Smith as Treasurer of the Virginia Companie by m"' Peirs who hath Relacon in his imployment there onely fe*" ||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 no we likewise be strictly called vpon and requu-ed to paye the same. M' Henry Wolstenholme of London gentleman passed ouer three shares of land in Virginia vnto m' lo : Wolstenholm of London Esquire with the allowance of the Auditors and approbacon of this Court. With like allowance and approbacon ffrauncis Carter passed ouer two shares of land in Virginia vnto m' George RookC Cittizen and Lether- seller of London beinge parcell of the later 40 shares assigned vnto him the said ffrauncis Carter by the Right Hono"''*' the Lady Lawarr. With like approbacon Abrose Wood of Tattingstone in the Countie of Suffolke gentleman by his Assignement vnder his hand and Scale bearinge date the 31 daye of January last past, passed ouer two shares of land in Virginia vnto Nathaniell Etherington of ffleetstreet in London gent. [350] MAI" 8, 1622 631 Virginia Court held the 8"^" of May i622 S'' lo: Daiiers. m"^ Dep : ffarrar. m"^ lo: Wolstenholme. m'' Gibbs. m'' Wrote. m' Mole. m' Ro: Smith. m' Nicho : ffarrar. m'' Rogers. m'' Copland. m" Caswell. m' Binge. Present m'' Widdowes. m' Roberta, m"' Swinhowe. m' Mellinge. m' Hackett. m"" Moorer. m'' Woodall. m"' Newport, m'' Tomlins. m"^ Barkham. ra^ Wynn. m"^ Martin. m' Leigh. m"' Peirs. m"^ Barbo'. m' Geo: Smith. Capt: Tucker. m' Roberta. m'' De Lawne. m' Moorer. m' ladwin. with diners others. 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 Tenants 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 w^'all expedicon money might be made of it the price and manner of Sale was wholly referred to their tidelity and discrecon. And it was by a generall croccon 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 bo at §lay out§ 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 m^ Mellinge be paid ouer vnto m' Deputy ffarrar and m"" Nicho : ffarrar his Brother towardC the payment and satisfyinge of such boudC and Debt< as they haue engaged themselues for vpon the Companies buissines. M' 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 Hands Court when they treated about the Tobacco brought home by m'' Peirce in the Concord || being || about — 11000 waight [351] w''" he estimated |]esteemed|| would come to about 1700" he tooke occasion to acquaint them w'^'' what had bin then ordered vizt that they had entreated m' Bull and m"' Caswell to take vp the said goodC and to cleare the Custome, and hauinge tryed the markett^ 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 lames Hooper §Porter§ his deceitfull deal- ing w*^*" the Companie in the trust they reposed in him beinge taken with much Tobacco thrust into his hose w'^'' 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 besidC the forfeiture and losse of his owne place ipso facto. MA T 8, 1622 633 Wherevpon the Companie beinge resolued to choose another in his Roome in reguarcl of the present imployment they had of a Porter to lookc vnto lltake vpp|| the Companies goodC nowe come home a mocon was made in the behalfe of one Robert Peasly who was well knowne to diners of the Companie to be sufficient for the place and one that proffered good security for his truth vpon w'^'' good report and promise of Security the Companie haue entertayned the said Robert Peasly for their Porter intendinge to eonfirme ||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] lohn Martin the Persian makinge humble suite for the Companies fauo"' to the ffarmors of his Ma" Custome to free him from payinge double Custome w'^" 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 Scale appeared Answeare was made toi;chinge his freedome that none but the Kiuge could make him a free deuizon of England, and for the Custome demaunded the ffarmors themselues could not nowe remitt in reguard they had already entred the parcell into their bookC and charged it vpon Account, wherevpon it beinge taken into consideracon howe he might be releiued, he was at length aduised to peticon vnto my Lo : Tf ear for remittinge the said imposicon in reguard he was a fi-eman of Yu-- ginia and intended to returne thither againe w*** some servants out of the proceed of that smale parcell of Tobacco he bad- ||here|| brought ouer to supplie his wantC. Vpon the humble peticon of Elizabeth Smalley widdowe it is ordered that shee shall haue the porcon of land that is due vnto her and touchinge her clayme of twoe yoake of Oxen and other Cattle reniayn - inge in Vii-ginia 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. M' Waterhowse mouinge to carry the RollC of subscription to such lordC and others as made question of y* Soiiies they had vnderwritteu 634 RECORDS OF THE VIRGINIA COMPACT beinge longe since aud out of ye" §their§ memoi'ies the Court gaue order to y® Secretary to let him haue them as occasion requu-ed tak- inge a note vnder his hand of the deliuery of them. M' Paulson moued y* whereas he had aduentured 50"' in y^ old Maga- zine ioyut Stocke, and cominge to m' Essington for order to take out his money as others did he Deenied ^ the same vnlesse he would pay for the transport of two men sent ouer w*^*" m"" Crosse of w"^ two men m"' Paulson said the Compauie had giuen them their transport in requitall of his paines in y* settinge out of y" first two Shipps for y* Magazine yet neuertheles m' Peirs not findinge these 2 mens trans- ports satisfied by reason y* Crosse died by y^ way did therefore make stay of his goods for their said transport but m' Peirs beinge nowe plsent acknowledged he had afterward satisfaccon from m' Crosse his Executo": Wherevpon the Court ordered that m' Paulson should haue out his Aduenture as others had, and for y® allowance of his two mens transports giuen ||him|| he was to make proof e thereof at the next Plagazinell Court. [353] Vpon the humble peticon of Vrsula ffrench widdowe a verie poore woman cravinge some allowance towards 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 desh-es. Martha Paules peticoninge to haue her Tobacco freed of Cxistome beinge but a smale jjarcell is willed to repaire to the Customers in whose jjower it is to releiue her. Adam Dixon peticoninge for the remaynder of his wages due vnto him by Contract with the Companie as he pretends some 12 yeares since who went with S"' 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 'Written over the number "30" by the reviewer. 'Written over the word "deemed." MAY S, 16S2 635 to come better prepared with his proufes, there beinge some in Court that reported he was longe agoe satisfied. The Aunsweare of Captaine lohn 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 w'^'' he had sent vnto the said widdowe from lames Towne in Virginia dated the IQ"" of Nouemljer iGlO wherein he promised to giue her satisfaccon for her Husljaud goodC to the full value w''*' were prized at 5" 19' 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 buissiues and therein to proceed accordinge to equity and good conscience for the releife of the peticone\ M' Clement Wilmer of Stratford 3owo vpon request passed his two shares of land in Virginia to George Wilmer of the said place with the allowance of the Auditors and approbacon of this Court. ffrauncis Carter also passed one share of land in Virginia to m' Henry Wentworth of London Skinner parcell of the later 40 assigned vnto him by the Right Hono'''" the Lady Lawarr. [354] M*^ Staples Minister recomended by m' Abra: Chamberlen and by Certificate vnder the handC of well neare 20 Diuines contiuuinge still his earnest request vnto the Companie for some allowance towards the transport and furnishinge out of himselfe his wife and Child to Virginia where he hath a Brother lyvinge w'^'' moues him the rather to goe, for w'^'' allowance he is contented to put himselfe wholly [upon] their free bounty, the Court takinge it into consideracou did at length agree that although their Stocke was spent they would strayne them- selues to giue him 20" to pay for thcii' llhis|| said passage and to fur- nish him with necessaries and for that it was moued that be might giue some testimony of his sufficiencie by a Sermon as is vsuall he was desired to preach vpon sonday come sennight in the Afteruooue iu S' Scyths Church w"" ho promised to performe. 636 RECORDS OF THE VIRGINIA COMPANY W 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 Hono"" Lords and Knights appointed Comittees by his Ma"^ to take hearing of y^ difference between him and the Vir- ginia Companie, it beinge nowe taken into eonBidcracon §eonsidera- con after some deliberacon§ had there vpon the Court entreated m' Deputy m' Tomlins m' Wolstenholme m"' lermynn m' Nicho : ffarrar m' Caswell m' 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 vuderstood Capt: Martins propositions and matter of charge they after ||are|| to desire a Coppie thereof, and acquaint the Company therew*" from whome they shall receaue as is hoped a satisfactory Aunsweare. [ Y Memoranda that wee Edward Waterhouse and Edward Collingwood Secretaries of the Companies for Virginia and the Sumer Hands 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 Courts itself : And doe finde this Booke to be a true and pf ect Copie of the said originall Courte booke : Savinge that there is here wantinge in the Copie ccrtnino ||el one|| Courte from ||of|| the 20'" of May 1620 te and y" begining of y-^ Q' Crt ||held|l 22"^ 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 testij&e as aboue that it is a true Copie. Ian. 28 1623. Edw: Waterhouse. Secre Ed : Collingwood Secre ' The following certification is written on an unnumbered page of the manuscript following page 354. \