University of Virginia Library

An Extraordinary Court held for Virginia 22: Februarij 1620:

Present

                     

Sr Edwin Sandys.	mr Smith.	mr Whitly.
Sr Iohn Dauers.	Captain Bargraue.	mr Palmer.
Sr ffran: Wyate.	mr Iermin.	mr Widdowes.
mr Deputy.	mr Doctor Anthony.	mr Baynam.
mr Wroth.	mr George Sandys.	mr Edwardℯ.
mr Wrote.	mr Hicks.	mr Melling.
mr Gibbℯ.	mr Nicho: fferrar.	mr Robertℯ.
mr Sheppard.	mr Cranmer.	mr Viner.
mr Casewell.	mr Beareblock.	mr Smith.
		mr Chamberlen.
		wth divers others.

Sr Edwin Sandys signified vnto the Company that my Lord of South-
ampton by reason of this buissy time of Parliamt: could not be spared
to be here at this present meetinge; and therfore desired to be
excused, he further acquainted them, that the occasion of their being
assembled this day, was to let them knowe, howe carefull he had
been, in the drawing vp of their newe Patent, nowe presented to be
read vnto them, [187] wherein he reported, what extraordinary
paines he had taken, aswell to amend in this newe draft, the defectℯ
he had noted in all the former Patentℯ, also to supply out of them,
and other Presedentℯ of like nature, what he in his owne experience
and iudgement had observed to be necessary for them, as also he had
not omitted to inserte therein, such necessary cautions, as would
hereafter secure and save them harmeles, against any Proclamation
or Patent, that might (as heretofore) be procured to their preiudice,
the same being once passed vnder the Seale and confirmed by Act of
Parliament. But before the reading of this Newe Patent, he desired

to acquainte them wth some alterac̃ons he had made therein, differ-
ing from the former Patentℯ, especially in two pointℯ namely in the
head, and in the body thereof. ffirst in the head, That whereas in
the former Patentℯ their cheife officers were called by the name of
Treasuror he had in this given him a more eminent title, by styling
him their Gouernor: because the name Treasuror seemed to imploy
an inferior officer and one that was to be an Accountant.

And because the Northerne Colony-Adventurors, had to their Terri-
tories given the name of New-England, he thought fitt that theirs did
still retaine the ould name of Virginia. for by this meanes all Virginia
should be theirs, for the body of this Patent, as namely in their new
Incorporac̃on he said, he had likewise differed from the former in two
pointℯ: first in the materiall parte thereof, by abrideging the same,
and restrayning it onely to such Adventurors and Planters as have
at least one share of Land of 100 acres in Virginia Cr. In the formall
parte thereof, as well to avoide the infinity of names by reason of the
multitude of Adventurors (encreasing still more and more,) as for that
many were already named in a former Patent he therfore thought good
in this to name only the Lordℯ of the higher howse of Parliament, and
add therevnto these words comprehending in effect all the rest: viz:
togeather wth all other [188] Adventurors and Planters in Virginia
Cr. some other necessary alterac̃ons and addic̃ons, he said he had
made in some other parte of the said Patent, wch in the reading he
would notifie vnto them desiringe their attentac̃on attencons to the
reading thereof, and to giue their best advise about the same.

Before the Patent was read through, because the Afternoone was farr
spent it was vpon a motion agreed and ordered that the Court should
continue till all buissinesses were ended.

It was also moved by some of the Som̃er Ilands company that ye Court
would please to thinke of some Course that might be forthwth taken
in hand either by peticoninge to his Matie: or to the howse of Parlia-
ment, to declare thereby the great hinderance and losse that both the
Plantac̃ons had susteyned by the late Proclamation and Graunt of the
sole importac̃on of Tobacco to certaine Patentees: As likewise vnder

coulor thereof: of their iniurious proceedings against both the Com-
panies in that they have not onely stinted them, to too scant a p̳por-
c̃on but have also restrayned them from sellinge their Tobacco lately
brought from the Som̃er Ilands wthout their Seale & allowance first
had for wch they were to pay for garblinge the same after the rate of
fower pence p̱li.

The Court therfore generally agreed to p̳ferr a petic̃on to the lower
howse of Parliament in the name of the Company of Virginia being
also members of the Somer Ilands. And therein to complaine of the
former greivances tendinge to the vtter destrucc̃on and overthrowe of
both the said Plantac̃ons, whereof they doubted not but they should
finde the like redresse as of many other monopolies of like nature
which the lower house had called into question and by his Mats:
grac̃ous p̱mission intended vtterly to extinguish. [189]

It was therfore ordered that a Comittee should be appointed for draw-
ing the said petic̃on and for this purpose nominated Sr ffrancis Wyate
mr George Sandys and mr Deputy fferrar who are desired to take some
paines therein and to make it in substance agreeable to that wch Sr
Edwyn Sandys had deliuered vnto them.

The Patent being reade and put to the question to knowe whither
they would have it so to passe or desired any thinge to be added there-
vnto, it was generally well approved of, and thought to be drawne
fully and exactly, for wch the Company gave vnto Sr Edwyn Sandys
many deserved thankℯ for his great paines taken therein.

Herevpon mr Wrote tooke occasion to pray the Court, to take into
considerac̃on such suitℯ as now depend betweene the Company and
any person, being heretofore com̃enced in the name of the Treasuror
and company (wch by this newe Patent was hereafter to be called the
Gouernor and Company) were not so concluded, as they must of
necessity be inforced to begin their suitℯ anewe: wherevnto answeare
was made that this change of Title could be no preiudice at all to any
such suites considering the former Patentℯ should not be surrendred
but remaine still in force.

Sr Edwyn Sandys havinge moved that some might be appointed to
solicite the dispatch of this newe Patent vnder Seale and to procure
the kingℯ warrant to mr Solicitor to make the same ready for his Mats:
signature It was desired that the lordℯ might be intreated on the
behallf of the Company to take that paines to procure the said warrant
and to hasten the dispatch thereof wth some expedic̃on. [190]

Captaine Bargraue havinge presented a treatise wch he had made
concerning the gouerment of Virginia moved, that a Comittee might
be appointed to peruse the same wherevpon the Court nominated Sr
Edward Sackuill Sr ffrancis Wyate mr Gibbs mr Wrote mr Deputy mr
George Sandys Captain Masters Captain Bingham mr Nicholas fferrar
and mr Rugles who are desired to meete vpon monday the 26: of this
present moneth to consider thereof and to certifie at their next Court
their opinions touching the same.