University of Virginia Library

26 IUNIJ 1620.
At a Court then helde was

Present
right Honoble͠: Earle of Southampton.
Lord Sheffeild.

               

Sr Edward Sackvill.	mr Iohn Wroth.	mr Reignoldℯ
Sr Edwin Sandys.	mr Gibbes.	mr Berblock.
Sr Dudley Diggs.	mr Deputy.	mr Casewell.
Sr Nicho: Tufton.	mr George Sandys.	mr Bull.
Sr Io: Dauers.	Dr Winston.	mr Swinhow.
Sr Phillip Cary.	mr Herbert.	mr Cranmer.
Sr H: Fleetwood.	mr Wrote.	mr Geo: Smith.
	mr Rob: Smith.	mr Robts: wth many others.

Mr Thr̃er signified that accordinge to the order vppõ his moc̃on in the
last Court for a Ship to be dispeeded vppon the occasion there exprest
the generall Comittee hath mett, and resolved amongst themselvs that
out of the 16: they would make choice of 12: wch should vndertake
this charge beinge content themselvs if ye Court should so desire to
seale the Charter p̱tie and to lay out so much monny for that purpose
as is needfull; for wch end amongst themselvs they have made choyce
of mr Deputy to be their Treasuror [126] and reckninge the charge to
be about 2000li they desire the order of the Courte to save them harme-
less as in like case hath beene given in like case to mr Thr̃er and mr
Deputy, And moreouer for their better securitie moved that a warr̃nt
might be made to the menager of the Lotteries to advance vnto them
so much monny when itt is in his hands to be receaved by them and
disbursed vppon Accompt wch the Court well approved and beinge
putt to the question was confirmed by erecc̃on of hands.

The Comittees allso reported that they had seene a Ship wch they
well liked of as fitt for that vse.

The order referred to Sr Edward Sackvill and mr Deputie in the last
Courte to be drawne was now presented by them wch beinge read to
the Courte was allowed and by erecc̃on of hands agreed that itt should
take possession of the former in the same place.

Wheras Capt Argoll complayneth that mr̃ Tr̃er vppon the hearinge
of the cause betwixt Capt Brewster and him did suppress divers writ-
ings wch might have stood him in great steed the Courte p̱ceivinge
no such thing & being sattisfied of the contrarie will vppon all occa-
sion iustifie that reporte to be false and malicious.

And forasmuch as the said Capt complayneth of hard measure in
regard his answere vnto the Articles exhibited against him were not
read in Courte itt was therfore agreed that both bill and answere
should be brought to ye Courte, and soe the whole cause to be tryed
by them by wch meanes itt will sooner be ended, wch was done with
the generall consent of all the Counsell then present who accordinglie
dismissinge themselvs of the wholl cause had devoulved itt to the
Courte to be there heard and ended.

Mr Thr̃er signified that the Comittee for the standinge orders doth
recom̃end vnto this Courte 2: or 3 lawes wch they thinke needfull to
be incerted amongst the rest, if this Court and the Quarter Courte
approve therof, one is concerninge the title of Courts, and 2 other
of the § Title of ye § generallytie wch be these as followeth.

Vppon wch itt was moved by mr Robert Smith for the better accomo-
datinge of every p̱ticular member of this Societie that the standinge
lawes might be printed wch was generally well liked and approved,
butt whether to be done presently or some time to be respited
dependeth to be determyned.

Itt beinge made knowne that sundry of the Comittee by order from
this Courte beinge to meet wth a Comittee by order from the Sum̃er

Iland Courte by reason of some other buisines could not attend to
morrow in the afternoone. In their roomes the Court hath now
made choyce of Sr Nicholas Tufton, Sr Walter Earle, and Sr Phillip
Cary who promised to give their Assistance. [127]

mr Thr̃er allso acquainted them that forasmuch as Charter is in
p̢paring for mr Thorpe, mr Nuse, and mr Porey, wch is to be con-
firmed in the next Courte if itt be approved, as allso the Charter last
drawne wch should have beene read in the last Quarter Courte in the
afternoone allso wch was not and that theris a Pattent for Iohn
Zouch esqr to be then ratefied, & likewise that since the Confirmation
of the Pattent for Southampton Hundred, some are gone outt and
some ∥others∥ to be incerted in their places for wch hee would sur-
render itt and take a new one, that therfore the Courte vppon Wed-
nesday might hold as formerly both forenoone and afternoone wch
the Court well approved and vppon request agreed that hence foreward
a Duplicate of such Pattents as are graunted here should be sent to
Virginia wch mr Thr̃er said should all be sealed in open Courte as all
other things yett had been during his time.

Next hee acquainted them of 2 things wch hee p̳fessed to take no
delight in butt for the Companies sake hee was content to p̳cure to
himselfe a great deale of ill will and malice because hee would not see
them abused.

The first conteyneth a p̳ceedinge of the Counsell vppon a petic̃on
exhibited vnto them by Capt Argoll wch p̳ceedinge (as is informed)
was drawne by Sr Nathaniell Rich, and a Coppie therof given to Cap-
taine Argoll by the Secretary, vnto wch the said Captaine hath gotten
divers of ye Counsellℯ hands, wherin theris one poynt that the said
Captaine Argoll may himselfe make choyce of any two of the Councell
to examine his wittnesses wch is contrary to the desire of him in the
next Courte as by the order therof may appeare, and besides wch itt
was not lawfull to be graunted to him to choose whome hee list, for
soe hee might choose such as professed themselvs to be his p̱tners,
wch were a choyce not convenyent.

2 Att a meetinge att Sr Thomas Smithℯ for the magazine wch they had
noe power to doe (haveinge no leave from the Courte) a petic̃on was
deliu9ed to Sr Thomas Smith by mr Caninge and mr Essington layinge
great asp̱c̃ons and scandallℯ vppon the last years gouerment much
praysinge ye former Whervppon the said mr Caninge and mr Essington
was warned from the Counsell to attend, butt itt appeared neither of
them was present. Att wch time as was now deliuered by some that
were there present another thinge was there done aboute iustefyinge
mr Alderman Iohnson in many poyntℯ, amongst the rest one Article
betwixt the Compa: & ye Magazine wch beinge referred to be deter-
mined by my Lo: of Southampton, itt pleased his Lop: to decide and
end, since wch time his Lop: pleasinge to com vnto a Somer Ilands
Courte one Argumt did arise betwixt his Lop: and mr Alderman, and
amongst other things his Lop: affirmed that vppon request of the said
mr Alderman hee was content to strike off 80 and odd pounds of profitt
wch was due to the Company, and the rather his Lop: was drawne
vnto itt, as wishinge peace and quiettness, butt mr Alderman deny-
inge the same did say that there was not a word true, vppon wch his
Lop: p̳duced a writinge signed by the Auditors to avouch the same,
and that such a some ther was cutt of wch was allso now iustefied by
divers others of the Courte. [128]

ffor the ffirst poynt because itt concerneth Sr Nathaniell Rich it was
thought good hee should be warned to the Quarter Courte

The Second poynt after a full examinac̃on was agreed to be disavowed
by an Acte of Courte to wch purpose they entreated Sr Dudley Diggs
to drawe a writinge accordinge to his writinge understandinge wch
beinge approved by the Courte the Councellℯ Seale might be affixed
and deliuered to mr Secretary Naunton to present to the gracious veiwe
of his Maty: Whervppon Sr Dudley Diggs vndertooke the Taske and
dictated in this manner followinge
Ivne 26: 1620

Itt appeareth att this Preparatiue Courte that a pryvate meetinge of
some gent9 and Marchantℯ att Sr Thomas Smithℯ house in his bed

Chamber vppon ffryday the 16th day of Ivne 1620, wher ther was no
sufficient authoritie, one mr Caninge delivered a petic̃on to Sr Thomas
Smith conteyninge ye applauding of his former gouerment and much
scandalinge the p̳ceedinge of ye present the pretended end of this
petic̃on beinge onely to obteyne ye dissoluc̃on of an iniunction in a
pryvate sute graunted Capt Bargraue against Sr Thomas Smith, mr
Alderman Iohnson, and himselfe wth others: wch last poynte was
onely debated the other two not touched as divers present now testifie,
who were there and disliked itt, and protest itt never went by hands
nor generall consent: Wch occasions this Courte to thinke that, that
pryvate buisines of Capt Bargraues was butt taken hold of for some
other purpose, the rather for that itt was in this Courte avowed that
Caning soone after sayde that the petic̃on was now with the Kinge and
a figg for the piper, wch malicious kinde of p̳ceedinge to advance
craftylie or impayre falslie mens reputac̃ons this Courte doth vtterlie
condemne and thinke fitt to be censured in the next Quarter Courte
for Wch cause Canninge and all that were present att that pryvate
meetinge are to be summoned to the next Quarter Courte.

The names of those that were present at that Assemblie
& now openly in this Courte protested their dislike and
disavowinge of that petic̃on and the proceedinge there
ensuinge

       

Sr Iohn Dauers.	mr Swinhowe.
mr Robert Smith.	mr George Smith.
mr Berblocke.	mr Bull.
mr Casewell.	mr Robertℯ.

• Sealled by order of Courte and
• recomended to mr Secretary Naunton
• to be humbly p̢sented by him to
• ye most gracious veiwe of his Matie [129]

Wch beinge twice read to the Courte was exceedinge well liked agree-
inge that itt be delivered as is formerlie sett downe, and beinge putt
to the question was ratefied by ereccon of hands.

Mr Dauid Bennet for the love of mr Nuse hath brought in 37li: 10s: 00d
whervppon hee was admitted into the Societie agreed that itt shalbe
disposed accordinge to the former order.

The Right Honorable the Lord of Southampton who sent Tenn men as
now appeared wth the Lo: Lawarr was allowed accordinge to order &
custome 50 Acres a peec wch hee surrendred presentlie away vizd 4:
of them to mr Thomas Riseley, 2 to mr Porter, 2 to mr Gifford, and 2
to Wm: Smith who were admitted to be of the Company and that therbe
order given that they be deducted from the Accompt of the Lord
Lawarr.

Mr Harper assigned one share to mr Whetcombe, and wheras Sr Fraun-
cis Parrington hath formerly assigned 2 shares one to Wm: Pollard
and theother to Henry Hickford wch the Courte allowed of, Now the
said Henry hath resigned his share vnto Iohn Martin Marchanttaylor.