University of Virginia Library

A Courte held for Virginia the last of May 1620

Present.

                 

Sr Edward Sackvill.	mr George Sandys.	mr Caninge.
Sr Edwin Sandys.	mr Oxenbridge.	mr Casewell.
Sr Baptist Hicks.	mr Buckley.	mr George Smith.
Sr Henry Rainsford.	Capt Bargraue.	mr Io: Smith.
Sr Tho: Wroth.	Capt Brewster.	mr Briggs.
Sr Io: Wolstenholme.	Capt Warde.	mr Bull.
mr Deputie.	mr Reighnoldℯ.	mr Foxton.
mr Gibbes.	mr Bamforde.	mr Arundle &
Dr Winstone.	mr Sam Wrote.	divers others.

Three Proiectℯ beinge p̳sented in writinge to mr Thr̃er it pleased him to
deliu9 them vnto this Courte where beinge red the first from mr Wm
Pallmer touching the orderinge of Tobacco, and of a very fitt man
named mr Somerscallℯ; who is very skillfull in curinge that Plant
wherby itt may be made more p̳fitable then itt is; Whervppon the

Courte have entreated a Comittee to treate wth the said Sumerscales
aboute itt, vizd. Sr Iohn Dauers, mr Deputy, mr Gibbes, mr Wrote,
mr Palmer, mr Casswell, mr Georg Smith.

The Second from mr Englebert touchinge an Engine devised by him
for p̢servinge the Plantac̃on from force of Armes, was likewise referred
to a Comittee that is to say Sr Edward Sackuill Sr Iohn Dauers, Sr
Henry Rainsford, Sr Hen: Manwaring mr Io: Wroth, mr Tho Gibbℯ,
mr Wrote, mr Brigges, and mr Berblocke.

The third by one mr Thomas More, for the makinge of Sope Ashes,
pottashes secondly for the sowinge of fflax and the right orderinge of
itt: Thirdly for the imploymt of Weavers, fourthlie for the sowinge
of Hemp and the orderinge of itt, was allso referred to be considered
of by mr Christopher Cletherow, mr Bland, mr Cranmer, mr Bull, mr
Sheppard, mr Caswell, and mr Mellinge.

A ɫre was now red directed to mr Thr̃er from Sr Tho: Smith Sr Iohn
Wolstenholme, and mr Alderman Iohnson desyringe him to discharge
ye ffraught of the George they standinge engaged for the Company by
Charter partie to see itt discharged the Magazine haveinge paid the
Company 200li ffor fraught of Passengers and goods.

Butt forasmuch although the George was entertayned by the Com-
pany yett shee was employd and dcteyned there by the Magazine and
what benefitt shee there reaped th by Passengers ffraught ffishinge,
and otherwise was putt into the hands of Albrahã Peirsey the Cape
Marchant, for wch the Adventurers there must be answerable, And
forasmuch allso as the Accompt therof cannot for many impedimentś
be yett p̱fected and that both Treasuries are Empty of Cash, mr
Ewens of necessitie must have a little patience to forbear itt a while
longer. [120]

The sentence of the last Courte beinge drawne vp and engrosed of
disanullinge of the Condempnation of Captaine Brewster by a Mar-
tiallℯ Courte in Virginia summoned by Capt Samuell Argoll att such
time as he was Deputy Gouernor there, and beinge now read att the
place to this effect that the wholl Courte agreed Captaine Brewster

to have been vniustly proceeded against both in forme and matter,
and consequentlie remaynes still a legall man not one dissentinge, Sr
Tho: Wroth onely tooke excepc̃on to these words (not one dissentinge)
In somuch as hee now professed himselfe to be of a contrary opynion,
and yt att that time hee held vpp his hand against yt, And that the
reason therof was for that Capt Argoll alleadginge that hee had
answered Captaine Brewster in Writinge, that writinge of Capt Argollℯ
was nott read att the hearinge of the cause; Against wch Allegac̃ons
of Sr Thomas Wroths the wholl Courte did generally oppose averringe
that hee did not vphold ∥vp∥ his hand against the sentence seeinge if
hee had so done itt must have been seen by some of the Courte wch
itt was not, no not [one] of them wch on purpose did observe him And
that when mr Thr̃er did openly pronounce that the wholl Court was
agreeinge no one dissentinge itt had been then fitt time for him to
have declared his dissentinge wch hee did not.

And for his allegac̃on touchinge Capt Argollℯ writinge itt was answered
that the writings exhibited in this Cause by Capt Brewster and ∥by∥
Captaine Argoll were not exhibited to the Courte att all butt long
since to the Counsell and by order of the Counsell were sent to Vir-
ginia wth a Comission for returninge of their p̳ceedings in that case,
by vertue wherof the wholl p̳cesse wth examinacons of wittnesses was
returned. wch examinac̃ons were all read openly att the hearinge of
the cause, and the former p̳ceedings of the Martiallℯ Courte might
have been read if itt had beene desyred, butt because the tryall itt
sellfe by a Martiallℯ Courte, was disaproved their manner of p̳ceed-
ings was not regarded: And if the same had been read itt would have
cleerly appeared that they p̳ceeded against Capt Brewster not by ver-
tue of the Laws of England butt vppon the 32 Article of ye Martiall
Laws of the Low Countries, by wch Disobedience to any principall
Officer was made death: and the Disobedience of Capt Brewster was
in Commaundinge the Lo: Lawarres men then vnder his charge from
the works vnto wch they were sett by Captaine Argoll to the works
for wch they were sent by the said Lo: Lawarre and his p̱tiners, Butt
that the hearinge of this cause betwene Capt Brewster and Captaine
Argoll was onely by word of mouth on both sides and not by writinge

and that both p̱ties were heard att large and wth all indifferrencie;
Notwithstandinge the Court was content so much to sattisfie Sr Tho
Wroth that an excepc̃on of him should be incerted att that clause, and
further vppon the said Capt Brewsters request have agreed that a
Duplicate of the said sentence shalbe sent to Virginia to shew yt hee
stands cleere. [121]

The Company gave their bond to mr Samuell Wrote and mr Iames
Berblock to bear their charge and save them harmeless in the sute
com̃enced by them againste mr Wye and Sealled itt with their legall
Seale in the presence of the Courte.

Mr Treasuror declared that att the last Quarter Court for the Sum̃er
Ilandℯ betweene the time of giveinge vp of the Gouernors place and
the new choyce of a Gouernor, makinge offere to present some matter
to the considerac̃on of that Courte concerninge (as hee conceived) the
great daunger of those Ilands, butt beinge then stopped by some of
that Courte from the deliverie hee would reveale itt to this beinge a
buisines wch maynly concerneth Virginia, for soe longe as the same
Ilands shalbe in safftie itt is probable that none will attempt to surprize
Virginia, butt now as the case standeth the Somer Ilandℯ is much
frequented with men of Warr and Pirates, wth whome the Inhabit-
ants there are growne in greate likinge, by reason of the Comodities
they bringe vnto them, insomuch that by a letter from one of their
Mynisters dyrected to Sr Thomas Smith and red in open Courte the
robbinge of the Spanyards (as beinge lyms of Antechrist) is greatly
comended: And ye Ship called the Treasurer after her robbinge of
the Spanyard belonging to Captaine Argoll, is there entertayned and
divers men of Warr sett out to the same end are there refreshed, one
Kerbie allso a profest Pyrate as is reported doth haunt those Islands
insomuch as if ther be not a strict Course taken herin itt wilbe made
an other Argier. Therfore beinge a buisines of State and a matter
of that consequence those Islands beinge the safftie of Virginia as
aforesaid, his conscience tolde him that by their Oath they were
bound to acquainte his Maties: Priuie Councell therwth to have their
advise and direcc̃on therin Butt forasmuch as Sr Thomas Smith is

Gouernor of yt Compa: itt was desyred yt hee might be acquainted
therwith, to know if itt were his pleasure to make choyse of some
other of the Somer Ilandℯ Societie to accompany them, Whervppõ mr
Casewell and mr Georg Smith were entreated to know Sr Thomas
Smithℯ pleasure herin and in ye meane time this Courte have nomi-
nated Sr Edward Sackuill, Sr Iohn Dauers, mr Thomas Gibbs, mr
Deputy, Dr Winstone, mr Wrote, and mr Berblock to repayre vnto
the Lords att such time as they know Sr Tho: Smithℯ resoluc̃on. [122]

Sir Thomas Gates by two seuerall bills assigned 3 Shares to Sr Henry
Rainsford and other three to Edward Morgan of London Brewer wch
the Auditors haveing approved the Courte now confirmed.

Mr Deputy signified that wheras the Ballatinge Box was sent to ye
Sum̃er Ilandℯ Courte of Elecc̃on to doe them at that time a pleasure,
hee vnderstandeth that Sr Thomas Smith deteyneth the same, wher-
vppon in regard itt was given to this Societie by mr Holoway who in
gratefycac̃on therof bestowed vppon him a Share of Land of xijli xs
they thought good to appoynt mr Berblock and mr Nicholas Ferrar to
demaund itt of the said Sr Thomas Smith wch if hee refuse to deliver
then to take some other Course for the obteyning therof.

A ɫre directed to Sr Edwin Sandys from the Lady Lawarr was now
red signifyinge that wheras mr William Waller of London Marchant
had Adventured xijli xs wth her Lord 6 or 7 years sithence desyred
this Courte that that share might be deducted from her Ladiships
Accompt and past to the Accompt of the said William Waller, wch ye
Courte willingly assented vnto and confirmed.

Mr Thr̃er signified vnto the Courte that mr Deputy had procured
Dutch Carpenters from Hamborough men skillfull for the erectinge
of Sawinge Mills who were shortlie to come for England and to goe
for Virginia for the vse and benefitt of the Company to sett vp Saw-
ynge Mills there, for wch the Company gave him thanks as a thinge
of great benefitt and Comoditie to the Collony, And appoynted that
the Comittees should be acquainted wth the bargaine and take order
for them when they come.