University of Virginia Library

A Præparatiue Court held for Virginia the Nineteenth of
Nouember i621.

Present

                   

mr Deputy.	mr Barbor.	mr Budge.
mr Gibbs.	mr Bland.	mr Swinhow.
mr Bromefeild.	mr Darnelly.	mr Wiseman.
mr Risely.	mr Clarke.	mr Robertℯ.
mr Smith.	mr Ayres.	mr Baynham.
mr Steward.	Capt: Martin.	mr Widdowes.
mr Wrote.	mr Casewell.	mr Barbor.
mr Nicho: Farrar.	mr Iadwin.	mr Geo: Smith.
mr Sheppard.	mr Shipton.	mr Meuerell.
mr Challoner.	mr Mellinge.	mr Newport.

Vpon readinge of the former Courtℯ mr Deputy acquainted the Com-
panie with what the Com̃ittee appointed by the said Court had donn
concerninge the Statinge of the Vice admiralls place in Virginia, who
in considerac̃on of the quality of the place haue thought fitt that 300
acres of land be allotted vnto the said Office; and that the number of
12 Tenantℯ be placed therevpon for the cultiuatinge thereof and did
also thinke fitt that this land should be laid out neare Iames Citty as
fittest for the Vice admirallℯ residence in reguard of the first arriuall
of Shipps there: mr Deputy therefore moued to knowe the Companies
approbac̃on hereof and beinge desired to put it seuerally to the ques-
tion, the Court approued of the matter of allowance but differed in
opinion in the choise of the place, where this land should be sett out,
and that they rather thought fitt it should be com̃ended to the care of
the Gouernor to appoint the same. [285]

Forsomuch as mr Io. Pountis was elected Viceadmirall of Virginia by
a generall Court held the 10th of Iuly last, and was also authorised by

Com̃ission to execute the said Office prouisionally for one yeare vntill
the said Com̃ission might be further confirmed vnto him by the next
Quarter Court; mr Deputy therefore moued to knowe the Companies
pleasure herein for his longer continuance: Whereupon the Court
agreed both in reguard of his sufficiency and generall good report and
esteeme amonge the Planters, as also in reward of his seruice and
carefull endeauors to aduance the publique, that this Com̃ission should
be continued for three yeares and therefore referred it to the Quarter
Court for confirmac̃on.

Whereas the Com̃ittee appointed to treat with mr Copland about the
buildinge of the East India Church or Schoole, in Virginia towards
wch a Contribuc̃on of 70li was freely giuen by some of the East Indy
Company that came home in the Royall Iames did nowe make report
what speciall reasons moued them to resolue for the bestowinge that
money towardℯ the erectinge of a Schoole rather then a Church wch
report is at large sett downe at a Court held the last of October: And
further that they had allotted 1000 acres of land and fiue Apprentices
besidℯ an Ouerseer to manure it, besidℯ that beneuolence that is hoped
wilbe giuen by each man that sendℯ his Children thither to be taught
for the Schoolemr mayntenance in his first begiñinge: with ∥wch∥ allow-
ance of land and Tenantℯ beinge put to the question was well aproued
of and referred for confirmac̃on to the Quarter Court Prouided that
in the establishment hereof the Companie reserue vnto themselues
power to make lawes and orders for the better gouerment of the said
Schoole and the Revenues and proffittℯ that shall therevnto belong.

It was further moued that in respect mr Copland Minister hath bin a
chiefe cause of procuringe this former contribuc̃on to be giuen by the
aforesaid Companie and had also writt diuers Letters to many ffacto-
ries in the Eart Indies to moue them to follow their good example for
the better aduancemt of this pious worke that therefore the Companie
would please to gratifie him with some proporc̃on of land: Where-
vpon the Court takinge it into considerac̃on and beinge also informed
yt mr Copland was furnishing out certen p̱sons to be transported this

present voyage to plant and inhabite vpon such land as should be
granted vnto him by the Comp̱anie they were the rather induced to
bestowe vpon him an extraordinary gratificac̃on of three Shares of
land old Aduenture wch is 300 acres vpon a first diuision wth out payinge
rent to the Companie referringe the further ratificac̃on of the said
guift to the Quarter Court as also his admittance of beinge a free
Brother of this Company.

Whereas diuers Patentℯ formerly appointed to be engrossed were
nowe presented to be read: It was thought fitt in reguard the after-
noone was farr spent to reserue the readinge of them till the next
Wedensday morninge at wch time it is agreed the Quarter Court shall
beginn. [286]

Mr Deputy moued for order to drawe vp certen Com̃issions for diuers
Shipps that intended to goe for ffish and trade after they had deliu-
ered their Passengers and goodℯ in Virginia: Wherevpon order was
giuen to prepare the said Com̃issions ready against the next Quarter
Court.

Mr Waterhouse presented vnto the considerac̃on of this Court certen
Propositions for the better p̱formance of the seruice he was to vnder-
take for collectinge the moneys due from Noble men and gentlemen
vpon subscription: The Court conceaued them to be verie reasonable
saue in the matter of allowance for his paines, for wch they rather
desired mr Waterhowse would stand to their curteousie wth wch he was
contented, So that he might out of his Receipts from time to time be
p̱mitted to take allowance for defrayinge of necessary charges for
himselfe his man and two horses, wch the Companie assented vnto so
that his said Charge exceeded not 50s a weeke, and that accordinge
to his promise he doe present his Account a weeke before euery
Quarter Court and giue Security of 500li, for such money as shall
come to his handℯ in the interim. And also that he take his direc
c̃ons for the better managinge of the buissines from the Companie,
and acquainte them from time to time into what partℯ he will bend
his course to solicite in this buissines.

It was moued that whereas many billℯ of Aduenture were from time
to time presented to the Court wch were found to be om̃itted in the
printed publicac̃on that here after a booke of purpose might be kept
to register the said names alphabettically for the ready findinge of
them vpon any occasions wch moc̃on was well approued of and order
giuen to the Secretary to see it donne vnto whome all such billℯ are
to be presented that he may take the better notice of them.

It was also moued that such shares as were passed ouer from one
from another might be registred alphabettically in a booke wch was
also well approued.

It was further moued that whereas since the printed publicac̃on many
orders were established in Quarter Courtℯ that did binde the Com-
panie no lesse then the standinge lawes themselues that therefore the
aforesaid Corts might be carefully p̱vsed and Colleec̃on made of all
such bindinge orders wch being further ratified might be added to the
rest of the lawes in the printed booke. [287]

It beinge signified that mr Essington beinge made acquainted with
the order of the last Court held the 4th of this present Moneth touch-
inge the auditinge of the Accountℯ remayninge in his handℯ and the
makinge of warrantℯ to mr Richard Bull to paye what shall appeare
to be due to euery man, (the brokℯ for non paymentℯ at due times
beinge allowed accordinge to the orders of the Magazine) wch order
for that it was not somewhat doubtfull and not clearely expressed in
this last order of Court, he desired the same might be so farr explained
as the time may be p̱emtorily sett downe when the brokℯ shall begin:
Wherefore it was agreed that accordinge to the said former order the
Brokℯ vpon defalt of the first payment shall beginn at Bartholmewe
tyde, and for default of the other paymentℯ appointed to be made in
Easter and Mich̴as Termes the allowance for brokℯ shall begin at the
end of those Termes and so forward till this present daye and to ruñ
at 20 p Centum whereof the Auditors were desired to take notice and
to proceed accordingly.

Captaine Martin ∥hauinge∥ petic̃oned to the Court for redresse of
certaine greivances whereof he complained was admonished that if
he would willingly surrender his Patent wch had so often been ques-
tioned and complained of both here and by the Counsell in Virginia
in reguard of the vnlawfull priuiledges passed therein directly repug-
nant to the standinge lawes of the Companie since that time made
(wch requires all graunt of landℯ to be made with equall fauor except
the differency of rent) that then he should not only haue a newe
Patent as large as any but further the Companie would be ready to
affoord him, all the fauor, and Assistance that in reason or iustice he
could expect, notwithstandinge this admonic̃on Capt Martin refused
to surrender his said Patent, and said he would exhibite his petic̃on
vnto the next Court and stand to the iudgement and censure of that
Honoble: Assembly touchinge the priuiledges of his said Patent. [288]