University of Virginia Library

At a Court held for Virginia the
12 of Aprill 1621:

Present.

                                 

The right honoble	The Ea: of Huntingdon.
	The Ea: of Southampton.
	Sr Edwyn Sandys.
	Sr Iohn Dauers.
	Sr Iohn Wolstenholme.
	Sr ffrãncis Wyate.
	Sr Iohn Brookes.
	Sr Walter Earle.
mr Gibbs.	mr Rogers.	mr Bennett.	mr Baynam.
mr Deputy.	mr Berblock.	mr Iadwin.	mr Hackett.
mr Phil: Iermyn.	mr Sheppard.	mr Hamor.	mr Newport.
mr Chris: Earle.	mr Cranmer.	mr Tucker.	mr Ewen.
Capt: Bargraue.	mr Boothby.	mr Coombs.	mr Viner.
Doctor: Wynston.	mr Palavacin.	mr Peirce.	mr Cuff.
mr Iohn Smyth.	mr Smith.	mr Barbor.	mr Canninge.
mr Moone.	mr Leauer.	mr Widdowes.	mr Woodall.
mr Keightly.	mr Bull.	mr Meuerell.

Sr Edwyn Sandys being desired to make reporte what had ben done
concrning the newe Patent, signified vnto the Company, that whereas
the Lo: Viscõnt Doncaster had form9ly p̢sented a letter from the
Counsell to the kinge, wherein among other things they did humbly
entreate his Mats: most grac̃ous favour, to renewe [191] their Patent,
and that the same might be allso confirmed by Acte of Parliament,
the better to strengthen the Plantation in generall by engaginge of
the whole State in the interest and support of the Action: It pleased
his Matie: to signifye his graceous pleasure by my Lord of Doncaster
to mr Attorney generall for drawinge vp the same: To wch end he
said, that he and mr Herbert and mr Deputy had attended mr Atturney
about the same, presenting him the drafte wch had formerly been
read here in Courte: and having acquainted him, wth the order he
had vsed throughout the said booke by reducing it into three headℯ
vizt. the first contayning such ym̃unities as had been graunted in their
former Patentℯ, the second some addic̃ons as they had taken out of
the Som̃er Ilands Patent, the third such newe clauses as tyme &
experience had taught, to be necessary for them: wherevnto he added
likewise a fourth wch was the amplifyinge and enlarging some neces-
sarie pointℯ as were in generall wordℯ imployed in their former Grauntℯ.
In reading whereof mr Attorney well obserued that their newe Incor-
poration differing in name from the old (the Tr̃er beinge in this
called by the name of Gouernor:) was not warrantable in lawe in that
manner as they had drawne it, wthout surrender of the form9 Pat-
entℯ, for that it did thereby imploy two distinct Corporac̃ons: But
this point mr Atturney vndertooke to amend by altering the forme,
and framing it another way: But as for such new clauses & addic̃ons
wch they had made, mr Attorney desired he might have a speciall
warrant from his Matie: to that effect: To wch purpose Sr Edwyn
Sandys said there was nowe a petic̃on drawne to be exhibited to his
Matie: for procuring a reference to such of his Highnes most honoble:

priuy Counsell as it should please his Matie: to assigne, to take con-
siderac̃on of those newe clauses wch they desired to be inserted in
their Patent wch petic̃on my Lo: of Doncaster out of a noble desire to
farther all occasions tendinge to the good of the Plantac̃on was pleased
to vndertake to present vnto his Matie: and to solicite for answeare
touching their request. [192]

Sr Edwyn Sandys moved that in regard mr Edward Bennett a Cittizen
had so well deserved of this Company by a treatise wch he made
touching the inconvenience that the importac̃on of Tobacco out of
Spaine had brought into this land: and by his often attendance vpon
the Com̃ittees of the lower howse of com̃ons 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 favor
to be admitted a free member of the Company wch moc̃on was thought
very reasonable and being put to the question was generally assented
vnto and confirmed by erecc̃on of handℯ.

Whereas Captaine William Newce out of a generous disposic̃on and
desire to advance the generall Plantac̃on 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 costℯ and charges 1000 persons into Virginia betwixt this
and midsomer 1625: to be there planted and imployed vpon a pertic-
ular Plantac̃on: and intendeth to goe over himsellfe in person, the
better to direct and gouerne his owne people over whome he prayes,
he may be appointed their Generall and to that end desireth a Patent
wth that proporc̃on of land, and wth such large and ample priviledges
besides, as are vsually graunted to others in that ∥the like∥ kind.
And further aswell in considerac̃on of the Chargeableness, of the
enterprise he vndertakes, as also for his better encouragemt there-
vnto, he desireth the Company would ∥please∥ graunt him the place of
Marshall in Virginia, which office he affecteth the [193] rather,
because he hath ever been exercised in Military affaires and Armes, (as
may appeare by his many worthy services performed in Ireland, well
knowne to diuers honoble: persons of this kingdome, who have testified
the same sufficiently vpon their owne knowledge to his exceedinge

great Com̃endac̃on): And desires likewise that he may be allowed 50:
men to be placed as Tenantℯ vpon the landℯ to be alotted vnto the
said office, wch he vndertakes to transporte and furnish wth apparell
and necessary implementℯ for 8li: the p̱son charge vnto the Company
(whereof the Moytie he desires present payment) wch persons beinge
there arryved he will maintaine and vphould at his owne charge from
tyme to tyme duringe his continuance in the said office: The Court
havinge therefore duely considered of his proposic̃ons (concerning
wch the Counsell had also treated wth him formerly) were pleased to
giue order that a Patent should be drawne for him, as ample as any
other, wth all manner of priuiledges, saving the Tytle of Generall,
wch they could not graunt him, because it was a tytle properly belong-
ing to the Gouernor only.

And forasmuch as Captaine Newce hath given so large a testimony
of his experience and skill in Marshall discipline wherein he hath
bene exercised and imployed a long tyme, vpon many seruices in
Ireland, as allso in matters of fortificac̃on and other warlike experi-
mentℯ no whitt inferior to any (as hath been also testified) and for
that he hath also promised to imploy his best endeavors and service,
to the good of that Plantac̃on (wch is like to proue a matter of great
consequence vnto it) in considerac̃on whereof although there be no
present necessity or vse of such an officer in Virginia (in reguard of the
perpetuall league lately made betweene the Gouernor there and the
Indyan Kinge) yet to gratifie his worthy vndertakinge [194] the
Company are pleased to grant him the said place of Marshall, wth 50:
men to be his Tenantℯ. And if the State of their Cash (wch the
Adventurors are now desired to examine,) will p̱mitt, they will pay
him in hand one Moytie of the money that he desires, and the other
Moytie vpon Certificate from the Gouernor of his arrivall in Virginia:
As for other condic̃ons of the Contract to be made betweene the Com-
pany and him: It is agreed and ordered that ye generall Comittees
assisted wth some of the Counsell hereafter named, shall further treate
and conclude wth him about ye same, touchinge all perticularities
whatsoeuer, and to this end are desired to meete at Sr Edwyn Sandys
house vpon Saturday being the 14th of this present Moneth.

Touchinge mr Peirce his petic̃on for two hundred pound of ye Com-
panie formerly ordered to be paide to mr Rolfe to his vse as by the
bill of [149] Exchange vnder the Cape Marchantℯ hand may appeare
wch monny is not yett paid as hee affirmeth, The Courte therfore
hath referred the further examinac̃on of his said petic̃on vnto the
Auditors who are to certifie the truth therof vnto the Courte.

         

The names of those of ye Counsell that are desired to assist the Comittees are these vizt.	Sr Edwyn Sandys.	mr Iermin.
	Sr Iohn Dauers.	mr Wrote.
	mr Sheppard.	mr Doc: Winston.
	mr Deputy.	mr Keightley.
	mr Gibbs.

The names of the generall Com̃ittees are these vizt.

           

mr Cranmer.	mr Barnard.	mr Bland.
mr Bearblocke.	mr Boothby.	mr Wiseman.
mr Bull.	mr Nich: fferrar.	mr Chambers.
mr Geo: Smith.	mr Iones.	mr Wheatley.
mr Casewell.	mr Clarke.	mr Darnelly.
mr Melling.

Mr Smith signified vnto the Company that my Lady Berkley out of a
desire to be a member of so honoble: a Company and to giue some
furtherance to so hopefull a Plantac̃on was pleased to offer her sellf
to come in vpon one share of land nowe at first for wch shee would
pay in her 12li 10s. And therfore [195] moved her lap: might be
admitted into this Society: which moc̃on was thought very reason-
able and was generally assented vnto.

He likewise moued that in regard mr Ouldsworth (now in Virginia)
when he was in England lyved in that reputac̃on and Creditt as
befitted a gentleman of his ranke and quality being a Iustice of peace
and of the Quorum; and that in respect of his worth and sufficiency
he might be admitted one of the Counsell of State in Virginia, wch
moc̃on was also conceaved to be very reasonable, and therfore ordered
that it should be moued in a Quarter Courte; And besides some place
should be thought vpon for him suitable to his personall merritt and
worth.

Sr Edwyn Sandys moved that for so much as Sr ffrauncis Wyate, is by
a generall elecc̃on appointed to succeed Sr George Yeardley in the place
of Gouernor over the Colony in Virginia; whose Comission determines
in Novemb: next: That therfore the generall Com̃ittees, assisted wth

those of the Counsell, formerly named, might consider, both what
charges and what Company, and other preparac̃ons shall be fitt and
necessary to be provided for a man of his quality and place, whereby
Sr ffrauncis Wyate may the better vnderstand howe to accomodate
himsellf against his goinge: wch moc̃on was thought very important
and therfore the Court ordered it, to be referred to the Comittees
formerly nominated.

Captain Mathewe Som̃erℯ petic̃on is referred to the examinac̃on of the
said Comittees before whome he is required to make it appeare what
was due vnto his Vncle Sr George Somers as likewise ye iustnes of his
Clayme therevnto in the right of his said vncle now deceased whose
heire he pretendeth himsellf to be. [196]

Sr Edwyn Sandys moved, that for somuch as Sr Richard Bulkley hav-
ing purchased two shares of land for wch he had paid in his 25li:
intended nowe to make a perticular Plantac̃on in Virginia, and to send
over 100 p̱sons at his owne Charge: moued that he might for that
purpose have a Patent graunted vnto him: wch moc̃on was accord-
ingly assented vnto.

Sr Edwyn Sandys signified that there was one (vnknowne to him by
face) was nowe in hand wth an excellent Tretise consisting of these
five speciall headℯ Defence, Plentie Health, Trade and Manners, all
tendinge to the reformac̃on of the Colony in Virginia, and the future
advancement of the generall Plantac̃on: 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
observed so great neglect and remissenes in the Gouernors: of Virginia,
from tyme to tyme (to the infinite preiudice of that Plantac̃on) in that
they haue not duely performed those direcc̃ons, which haue from
hence been Com̃ended, to their care and execuc̃on, whereby little or
nothinge hath been effected, answearable to the great care and charge
the Company haue been at, for planting good and staple Comodities

in that Country, to the great scandall of the gouerment there, and noe
lesse discouragement of the Adventurors here, that for reformation
hereof such an [197] officer may be chosen, to be sent thither, who
might in the qualitie of a Treasurer not onely to take into his p̱ticuler
charge the Rentℯ and duties of what kind soever, belonging to the
Company here (there being at this instant aboue 1000li: due vnto them)
but also take into his speciall reguard and care, (as principally recom̃-
ended to his peculiar Charge onely and for wch a good Acc̃ount wilbe
expected) to see those direccons and com̃aundementℯ wch he shall
receaue from hence, duely and faithfully executed from time to time
or otherwise to render a sufficient reason to the Contrary whereby the
Company hereafter may be better informed and satisfied in the pro-
ceed of their buissines and affaires in Virginia: wch moc̃on the Court
greatly applauding, as that wch carried wth it the greatest consequence,
and being desirous that such an important officer, might be forthwth
thought vpon:

It pleased my Lo: of Southampton to propose a gentleman, well
knowne vnto them all, as a man very fitt to take that charge vpon
him namely mr George Sandys who indeed was generally so well
reputed of, for his approued fidelity sufficiency and integrity: as they
conceaved a fitter man could not be chosen for that place and there-
vpon agreed to his elecc̃on; referring him to the former Comittees
to be further treated and concluded with concerning the same.

Herevpon, and vpon declarac̃on of the State of the newe Patent made
by Sr Edwin Sandys, mr Smith tooke occasion, first to p̳test that his
eye, in that he had to speake, reflected not either vpon ye person of
the nowe Gouernor: in Virginia, or vpon the new Gouernor here in
Court, or vpon any other in perticular but for the generall honor: and
welfare of the Plantation, was to entreat of my lord of Southampton
& the Counsell: that in the said Patent (if no such [198] addic̃on
of power were therein inserted) authority might be given to the
quarter Courtℯ, to question the Gouernor of Virginia here in England
if the ill merritt of his government should so deserve, and to puñish
him by fyne or otherwise. ffor he could not but declare that not

publicum but priuatum com̃odum did seeme to have ben their endℯ of
effecting that place: for his private letters (whereof he had at tymes
receaved aboue forty) did as he thought truely informe: That no
direcc̃ons or instrucc̃ons (which wth sing̃ler wisedome dilligence and
care) had from tyme to tyme issued from the Treasuror: and Counsell
here; had been put by them in execuc̃on to the losse of many mens
lives there, to the hinderance & scandall of the whole Plantac̃on and
to the disesteeme and slightinge of the p̱sons of the Treasuror and
Counsell here, and the authoritie of the whole Court, wch he onely
presumed to com̃end to their considerac̃ons. But herevnto answeare
was made yt it was the opinion of mr Atturney generall vpon a smaler
matter in their newe Patent then this was (namely the punishment
of labourers artificers and such like offenders) that he feared, it would
have much adoe to passe wth such a clause the house of Parliamt.
And besides they had already power in their said Patent to displace
the Gouernor vpon iust occasions: which was conceaved to be as
much as would be graunted vnto them by Acte of Parliament touching
that point.[738]

Mr Smith likewise moved: That for so much as ye lottaries were now
suspended, which hetherto had continued the reall and substantiall
food, by which Virginia hath been nourished: [199] That insteade
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 Plantac̃on in the popular
opinion of the Com̃on Subiectℯ, to have a faire & perspicuous history,
compiled of that Country, from her first discouery to this day: And
to haue the memory and fame of many of her worthies ∥though they
be dead to liue and be transmitted to all posterities∥: As namely Sr
Thomas Dale Sr George Som̃ers Sr Walter Rawleigh the Lo: Dela-
warr Sr: Thomas Gates and divers others wherevnto were it not for
suspition of flattery he would wish also the names of many her other
worthies yet livinge and some of them now present in Court, might
have also their honoble : and good deservingℯ com̃ended to eternall
thankefullnes, for that our inhabilities had as yet no trewer Coyne,

wherewith to recompence their paines and merrite, affirming also,
that the best now planted partℯ of America, vndr the Spanish gover-
ment nor their Annales or histories of those times, in their like ages
of ours nowe 12 yeares old Virginia afforded better matter of relac̃on
then Virginia hath donn; and doth, which what effect such a gen-
erall history (deduced to the life to this yeare) would worke through-
out the Kingdome with the generall and com̃on Subiect, may be
gathered by the little Pamphlettℯ or declarac̃ons lately printed: And
besides fewe succeedinge yeares would soone consume the lives of
many whose livinge memories yet retayned much and devouered those
letters & intelligences which yet remaine in loose and neglected
papers: for wch boldnes in mouinge hereof he prayed his Lops: par-
don, ledd herevnto vpon the request of some of his fellowes of the Generallity. [200]

wch worthy speach had of the whole Court a very great applause as
spoken freely to a speciall purpose and therfore thought fitt to be
considered of and put in practise in his due time. And for wch also,
mr Smyth (as preferring alwaies moc̃ons of speciall consequence)
was exceedingly com̃ended.[744]