University of Virginia Library

A Præparatiue Court for Virginia
30: Aprilis 1621:

Present:

                         

Sr Iohn Dauers.	mr Bland.	mr Melling.
Sr ffrãncis Wyate.	mr Henry Rainsford.	mr Geo: Smith.
Sr Henry Raynsford.	mr Edw: Gibbℯ.	mr Meuerell.
mr Deputy.	mr Rogers.	mr Wale.
mr Gibbℯ.	mr Cranmer.	mr Parker.
mr Wrote.	mr Challoner.	mr Nich: fferrar.
Capt Newce.	mr Wheatly.	mr Rugles.
mr Geo: Sandys.	mr Boothby.	mr Widdowes.
Doctor Anthony.	mr Barbor.	mr Baynam.
mr Smith.	mr Couell.	mr Ewens.
mr Shepperd.	mr Combs.
mr Steward.	mr Bull.
Captain Tucker.	mr Casewell.

Whereas it hath been taken into considerac̃on howe importantly
necessary it is to establish two such officers in Virginia as Marshall
and Treasuror whereby the one might take into his care and charge
aswell the fortificacon Armes and forces of the Colony there, and to
cause the people to be duely trayned vp in military services and in
the vse and order of Armes, and so from time to time to [201] mayn-
taine the greatest strength that may be against all forraigne invasions,
And that the other, might not onely wth like care take into his
Charge the Rentℯ and debtℯ that now and here after shalbe due vnto
the Company (there being already aboue 1000li to be answeared vnto
them) but further also see those direcc̃ons that he shall receave from
home for the setting forward all staple Com̃odities duely and faith-
fully executed from time to tyme (wherein a very great neglect hath
hetherto been observed to the infinite preiudice of that Plantac̃on)
And for asmuch as Captain William Newce hath been specially
recom̃ended vnto this Company by divers honoble: persons of this
kingdome for his fidelity iudgement and sufficiency 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 place of
Treasuror because mr Sandys was in like manner proposed whome
all men conceaved to be every way sufficient, to take that charge
vpon him: It was thought fitt and ordered that the generall Com̃it-
tees, assisted wth some of the Counsell, should meete togeather and
advise aswell for setling of the said offices and places and for accom-
odating them wth fitting allowances and people. As also to take the
like care that the Newe Gouernor shortly to be sent be well provided
and accomodated fitting for his place and quality, Wherevpon mr

Deputy desired Sr Iohn Dauers to deliver what had been donn by the
Comittees concerning the same who reported that they had taken
great care and paines therein aswell to informe them sellves out of
other Presidentℯ what had been allowed in the like kinde as also of
the present State of the Cash what it was now able to performe.[745] [202]

And first for the place of Marshall the said Comittees haue allotted
1500: acres of land to be appropriated to that office for ever, And the
number of 50: p̱sons to be placed as Tenantℯ vpon the said landℯ
which the said Captain William Newce hath vndertaken wthin one
yeare after his arrivall in Virginia to procure and place vpon the said
landℯ well furnished wthall thingℯ necessary for the cultivatinge
thereof and the same number to maintaine and keepe, and so to leave
to his Successor. In considerac̃on whereof they have agreed to paye
vnto him the said Captain Newce 200li: in hand at the sealing of his
Com̃ission for that place and other 200li towardℯ the discharge of his
shipping and Marriners wages vpon their returne from Virginia, or
in default thereof vpon Certificate of the landing of his people in
Virginia.

And for the maintenance of the said Treasuror, the said Comittees
have likewise allotted 1500: acres of land perpetually to his office, and
50: men to be placed therevpon, in the quality of Teñantℯ, whereof
25 to be sent this yeare, to accompany the person of the said Treas-
uror, and the other 25: the next yeare following: who is also to have
the passage of his owne family (not exceeding the number of 10:
p̱sons) to be transported at the Comps charges: And toward furnish-
inge of himsellfe for the voiage, according to former Presidentℯ in the
like nature, they thought fitt to allowe 150li.

And concerning Captain Thomas Newce (the Companies deputy in
Virginia) aswell in discharge of a former p̳mise made vnto him as
also to thend his reward might be no lesse then others whose paines
and desertℯ they doubted not but he would equall they have agreed to
add 10: p̱sons more (when the Comp: shalbe able) to make vp his
former number 50. [203]

The Comittees thought meete also, that for all officers thus setled, the
same priviledges (graunted vnto the said Captaine Thomas Newce
deputy) should in like sort be given vizt: that whosoever for their
sakes should bringe in any adventure of 12li 10s: the money so brought
in, might be imployed for encreasing the numbers of men belonging
to their places and likewise the hallf of all such old debtℯ due vnto the
Company vpon subscripc̃on that shall be procured and brought in, by
their meanes.

And as touching the Gouernor: shortly to be sent: It was thought fitt
to haue all necessaries in such readines as to have him shipped and be
gon the Voyadge by the prime of Iuly and the men to be taken in, at
the Ile of Wight.

ffor the more speedy effecting whereof, it is also agreed that the
Comittees should be required to enquire out the Shipp meete for this
intended voyadge.

It was allso thought fitt by the said Com̃ittees not to allowe ye Gou9-
nor: lesse then two hundred poundℯ for all necessary provisions to be
made for his voyadge And to allowe him the transport of himsellf
and such as shall attend him so as the number exceedℯ not 20 p̱sons.

All wch allowances the Court thought very reasonable and therefore
recom̃ended them to the Confirmation of the Quarter Courte.

Mr Deputy signified that according to the direcc̃ons of the former
Com̃ittees, they had made enquiry and had already found out a very
good Shipp, called the George very fitting for their purpose wch mr Wiseman offered vpon these Condic̃ons following vizt yt shee should
carry no more then 80 men [204] and them at 6li a man after wch rate
he desires to have the whole payment in hand: he demands likewise
for each tuñ of goodℯ 3li: & to carry no more then may conveniently be
stowed in the Hold, wthout pestering the decke. He hath promised
likewise to allowe to every two Passengers one Chest, fraight free:
And further for his fraight homewardℯ he will take it as it falls out
and offereth to bynde himselfe to bring the Companies Tobacco at 3d
the pound or otherwise to leave it, at their pleasure for the price and

whither they will accept to have it brought in his Shipp or no; wch
mr Ewens also agreed vnto, offring to carry their Tobacco as good
Cheape as another, and otherwise they did not desire it.

Wch proposic̃ons the Court thought very reasonable and therfore rec-
omended it to the Quarter Court, and wthall enioyned the said mr Ewens, to haue his Shipp in a readines by the first of Iuly next, either
at the Ile of Wight, or where the Comittees shall appointe, whome he
is required to attend for that purpose.

Sr Iohn Dauers delivered (and referred it to the Considerac̃on of the
Courte) a moc̃on that fell out to be made after the treaty of the Com-
ittees concerning the former officers was concluded: wch was that in
reguard of the vsuall constituc̃on of men and landℯ to belonge to every
cheif officers place, and some reason & experience had found that the
officers Teñantℯ were cheifely reguarded and the generall Companies
Tenantℯ the more neglected: it therfore might be fitting to cast and
allott all the Gou9nors and other officers Teñantℯ into the ñmber of the
publique and out of [205] the whole proffittℯ belonging to the Com-
pany, and the said Gouernor: and other officers should have their p̱ts proportionable to the number of Tenantℯ appointed vnto them. By
wch meanes there would be a more generall care for the advancing
publique affaires and proffitt of the generall Company since all the
officers interest and Comodity was therein imployed; which moc̃on
being conceaved an Innovac̃on and to overthrowe thingℯ already estab-
lished was (as the case nowe stoode) thought more likely to introduce
a conceipt in the people of inconstancy of their governmt: & conse-
quently a discontent then such a due reformac̃on as might be hoped.
Nevertheles it was worthy considerac̃on whither the Treasurors place
and other hereafter to be established might not very fittingly be
referred to receaue their proporc̃onable mayntenance from the proffitℯ of the publique Teñantℯ 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 p̱ticulers: wch moc̃on was thought fitt to be considered of hereafter.

Mr Wrote moved that for somuch as the Gouernors: hetherto as he
had heard had not donn according to their instrucc̃ons to cause their
Tenantℯ to plant and builde howses whereby they might haue a fixed
place of abiding and subsistence that therefore the newe Gouernor and all others hereafter might be the more strictly dealt wthall, in
their Instrucc̃ons concerning that point whereby the Company may
not be inforced hereafter at the seaven yeares end to send over fresh
supplies of p̱sons vpon a newe charge wch moc̃on was thought fitt to
be recomended to the care and considerac̃on of the Counsell and to
insert that Prouiso in his Comission and Instrucc̃ons.

Whereas in respect of the personall worth and merritt of mr: Ouls-
worth nowe in Virginia a moc̃on was made for conferring vpon him
the Chansellor ship ∥Chauncellorp∥: wherein he had [206] some good
experiences: It was aunsweared 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 gentlem̃n had
therevnto.

Mr Deputy acquainted the Court that for so much as the orders of the
Company did require every officer to give vp his Account for the
yeare past at this Quartr Court according to his place he thought good
for somuch as concerned him and to yeeld them a true Account (not
doubting but that p̱te of Account wch concrned my Lo: of South-
ampton himsellf it would please his Lop: to relate vnto them to their
good satisfacc̃on.)

Concerning mr deputies Accountℯ he shewed that whereas he had
receaved divers Som̃es of money of his Lop: to be disbursed by him
and the Comittees in making provisions of all sortℯ for divers shipps
and people this yeare sent to Virginia he was not able at this Court to
giue vp a p̱fect Account of all the p̱ticulars 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 sortℯ

of provisions vpon their Credittℯ hoping to have receaved money ere
this tyme from mr Barbor for clearing those debtℯ. Wherby his
Accountℯ might have been perfected against this Quarter Court.

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 p̢sently able
to be turned into money, wthout to great losse but hoped it would by
the next Quarter Court wch would be about five weekes [207] hence; for these reasons he did humblie entreate this Court that they would
be pleased to respite his Accountℯ till the moneys were receaved for
the paying of such debtℯ as were to be discharged vpon the last
yeares Account wch being cleered he promiseth to bring in his
Account wch the Court thought verie reasonable.

Touching Sr Edwyn Sandys Account he likewise declared that in his
absence he was to signify vnto them, that whereas Sr: Edwin at the giv-
ing vp of his place stood bound for the Company, for certaine Sum̃es
of money wch were ordered to be paid vnto him for discharge of the
fraight of divers shipps, and other things, wch Shipps for somuch as
all of them are not yet returned but daily expected he therfore desired
his Accountℯ might likewise be respited till the next Quarter Courte
after this: By wch 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 othrs for wch he stoode engaged, wch
moc̃on was likewise thought very reasonable and of necessitie to be
graunted.

Mr Tucker moved in the behallfe of one mr: Norewood whome hee
much comended for his approved skill and experience in surveying
of landℯ and for so much as there was so great vse of such an officer
in Virginia for meating out and distinguishing the true lymittℯ and
boundℯ of each p̱tic̃ler Plantac̃on and that he was very desirous to
goe vpon that service that therfore the Company would please to
accept of him for their Surveyor: The Court herevpon referred him
to the Comittees to be further treated wth about the same.

Mr: Deputy having informed the Court of mr Newlandℯ good affecc̃on
to the Plantac̃on and of his extraordinary paines and care he had
taken about the Shipping of the p̱sonns transported in ye Abigaile
taken in at the Ile of Wight: In considerac̃on whereof the Court was
pleased to bestowe vpon him ·5· shares of land, recomending the same
to the confirmac̃on of this Quarter Court. [208]

It was likewise moved that for somuch as mr Bonnall keeper of the
kingℯ Silkewormes at Otlandℯ had so well deserved of the Company
by his Care in procuringe the ffrenchmen from Languedock wch were
heretofore sent to Virginia and had likewise reported well of Virginia
to his Maty: 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 deservingℯ wth 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 considerac̃on the many buissinesses incident
to the Secretaries office (farr exceeding that wch was donn by the
former Secretary) thought it fitt in considerac̃on thereof to enlarge
his Salary from xxli p̱ Anñ: to 40li: for the time to come and for the
yeare past to reward him wth 20li: more then his former stypend in
respect of his paines extraordinary.

Sr Iohn Dãuers signified that it was the request of my Lady Lawarre
vnto this Courte that in Considerac̃on of her goodℯ remayning in the
handℯ of mr Rolfe in Virginia shee might receave satisfacc̃on for ye same out of his Tobacco nowe sent home, But for so much as it is
supposed the said Tobacco is none of the said Rolfℯ, but belonged to
mr Peirce, it was thought fitt that mr Henry Rolfe should acquaint
my Lady Lawarre of his Brothers offer (as he informes) to make her
Lap: good and faithfull Account of all such goodℯ as remayne in his
handℯ vpon her Laps: direcc̃on to that effect. [209]

It was signified vnto the Court that my Lady Lawarr and her sonne
had assigned 40: shares of land in Virginia vnto mr Carter for sun-
drie Adventurors of the Company wch they desired might passe the
approbac̃on of this Courte wch being allowed by the Auditors was
graunted. Where, vpon, mr Carters moving to passe these shares
followinge, his request was graunted.

       

To mr Henry Rainsford	2 shares
To mr Craddocke	1 share
To mr Palmer	1 share
To mr Iohn Harte	1 share

Thomas Colby of London Silkeman peticoning for the Adventure of
his Brother Edmondy Colby who paid in xijli xs 1609. as likewise for
the Adventure of his said Brothers p̱son, 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.

The Court vpon like request passed these other ∥shares∥ following vizt.

2: shares from mr Lott Peire to mr Barbor.

3· shares from mr Downes to mr Iohn Smith

Vpon request of mr Raph ffogge that he might have the shares passed
vnto him by assignemt: confirmed vnto him vnder the Companies Seale,
It was 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 Seale of the Company in regaurd that papers were apt to be torne
and lost.

Mr Woodall is required at the next Quarter Court in Middsom̃er Terme
to make his p̱sonall answeare to such scandalous speeches as he had
form9ly divulged in disgrace of the Booke authorised by his Mats: Counsell for Virginia and in the meane time he standℯ suspended
from cominge to Courtℯ. [210]

Mr Capps having put a peticon to the Counsell and Comittees at their
last meeting, for satisfacc̃on of Certaine land wch he said was taken

from him by the Gouernor: 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
satisfacc̃on but to leave the matter to be fully examined by the Newe
Governor: and therein they promised Iustice and equity.

But in regard the said mr Capps was knowne to have donn much serv-
ice to the Company in the space of 12: yeares wch ∥whilst∥ he lived in
Virginia and had not receaved the Reward of ·2· Kyne wch ye Comp̃:
had three yeares agoe given him, (as some of the Company remem-
ber) They thought it therfore fitt (wthout preiudice he pretendℯ in ye land) to bestowe on him the passage and transportac̃on of five men in
reward of his good service: To wch the Courte gave consent and
referred the Conclusion to this Quarter Courte.

Mr Henry Rolfℯ petic̃on in the behallfe of his brother Iohn Rolfe in
Virginia, is referred to the Auditors and Comittees to be examined,
who are desired to make report what they shall thinke fitt to be donn
therein.

Mr Thomas Harteastles peticon is referred to Sr ffra: Wyate who at
his arryvall in Virginia is desired to make enquiry touching such goodℯ as the peticoners wyfe Claymeth in the right of her former husband
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, Iohn Whitton, and William Danby, being both
transported at their said fathers charge.

Mr Moones petic̃on touching his Brother Nicholas Moones Adventure
of money paid into the Treasury, is referred to the examinac̃on of the
Auditors. [211]

Mr Richard Bulkleys Patent for a perticular Plantation in Virginia
was nowe read and recomended to the Confirmac̃on of the Quarter
Court.

The Patent to Sr Richard Worsly and the rest of his Associatℯ was
like wise reade and recomended as afore said.

The Patent of Captaine Newce for a Plantac̃on was likewise reade
and recom̃ended.

Mr Cranmer mr Bland mr Melling, mr Nicho: fferrar, by order of Court
mett at mr Deputy fferrars house the 30th of Aprill, to examine the
bookes what land was due to Sr George Sum̃ers in Virginia.

Secondly to see what proofes mr Mathewe Sum̃ers could make that
he was Sr George Sum̃ers heire and that the land belonged vnto him.
ffor mr Mathewe Sum̃ers appeared Captaine Bayly and two othr
gentlemen.

Concerninge the first.

     

The Iournall and lidger being p̱vsed the Account was found to stand thus Sr George Sum̃ers is Creditor for sundrie provisions bought by him for the Company fol. 280:	0939li:—14—9d.
Sr George Som̃ers is deputor for seuerall Adventures of Sr Thomas ffreake & others allowed him, as fol 28.	0463 —19—6:
So rests due to Sr George Summers to be paid in shares of land	0475 —15—9d.

Concerning the second pointe.

Captaine Baylie confessed yt Sr George Sum̃ers had a brother called
Nicholas Summers, wch Nicho: Sum̃ers had ·2· sonns: Nicho: Sum-
mers the elder, and Mathewe Sum̃ers the younger to wch Mathew, they
say Sr George Som̃ers his intent and purpose was, that all his land
and estate should discend, and to that effect they produced the Copie
of Sr George Sum̃ers his will, but neithr vnder Seale of the office or
any Notaries hand, this will they say was made before Sr Geo: Sum̃-
ers went to Virginia, & neither of the brothers Executor, in this will
they shewed a clause to this purpose, yt Sr George Sum̃ers bequeathed
a crtaine Porc̃on of land & 100li in money to his Nephew Nicholas
Sum̃ers vpon Condic̃on yt ye said Nicho: ∥Sum̃ers∥ [212] should

release vnto his brother Mathewe all manner of right and Title that
the said Nicholas Could or might pretend to certain Manors and other
landℯ of Sr George Som̃ers in certaine Villages in dorsett shire there
p̱ticulrly sett downe and this they say the said Nicholas did performe
and made vnto his brother Mathewe a release and assignement of all
the landℯ discended or discendable vnto him by Sr George Som̃ers by
vertue whereof they challenge the Landℯ in Virginia and say they can
p̳duce the release and assignemt: of Nicholas vnto Mathew drawne by
a lawyer and engrossed this Nicholas they confesse to be yet alive.[788]
[213]