University of Virginia Library

At a Court held for Virginia on
Wedensday the 13th of ffebrua: 1621

∥Present∥

                 

Sr Edwin Sandys.	mr Bull.	mr Mellinge.
mr Bulkly.	mr Barbor.	mr Edwards.
mr Deputy.	mr Rogers.	mr Darnelly.
mr Wroth.	mr Widdowes.	mr Barker.
mr Gibbs.	mr Baynham.	mr Caswell.
mr Shippard.	mr Iadwin.	mr Webbs.
mr Nicho: ffarrar	mr Welden.	mr Woodhowse.
mr Seward.	mr Cuffe.	mr Willis.
§mr Copland.§	mr Copeland.	mr Balmeford.

The preceedent Quarter Court beinge read a request was made in the
behalfe of ffranc Harwell that for somuch as his Elder Brother §Sr§
Edmund Harwell Kt of ye Bath had assigned vnto him vnder his hand
& Seale all the interest he had to three Shares of land in Virginia
descended to the said Sr Edmund by the decease of Sr Tho: Harwell
their younger brother who aduentured 37li 10s towards the aduancemt of
the Plantac̃on as doth [322] appeare: the Court would therefore please
to confirme the said shares vnto the ∥sd∥ ffrauncis Harwell ∥where-
vpon the booke being searched and Sr Tho: Harwell the Aduenturer∥
beinge found indebted 25li vnto the Company vpon Sr Edward Con-
ways vnderwritinge for him to the fourth Roll, some Doubt was made
whither those shares might be perm̃itted to passe before the said Debt
was cleared after some dispute therevpon, it was resolued that Sr
Thomas Harwell could not in equity be charged with that wch another
man for him had vnderwritten, and an instance was giuen of the
verie like case allowed of by the Auditors and the Debt remitted wth
wch reason and president the Court beinge well satisfied and the said

three Shares therevpon put to the question were by a general erecc̃on
of handℯ confirmed vnto the said ffrauncis Harwell: In wch shares
one mr Kellham hauinge an interest likewise from the said Sr Thomas
Harwell did nowe acknowledg in open Court his full assent vnto the
passinge of them vnto the said ffrauncis Harwell wch acknowledge-
ment he did likewise testifie vnder his hand and Seale vpon the foote
of the said Assignement.

A request was also made that whereas Sr Richard Bulkly late of
Bewmarris in the County of Anglice deceased paid to the right
Honoble Ea: of Southampton in Ianuary last i620, the Sum̃e of 25li for
his Aduenture towardℯ the Plantac̃on in Virginia, that forsomuch as
the said Sir Richard Bulkly did alwayes intend the said Aduenture to
and for the behoufe of mr Thomas Bulkly his second Sonne (as was
testified by good Wittnesses) that therefore the Court would please
vpon surrender of the former Graunt (wch was nowe exhibited) to
confirme the like vnto the said Thomas Bulkly in his owne name, who
is resolued to proceed in that Plantac̃on wch the said Sr Richard his
ffather had vndertaken as might appeare by the Patent graunted vnto
him heretofore by the Compa who by a former order of Court had
appointed him Elizabeth Iland to plant vpon.

The Court conceaued the request to be verie reasonable and beinge
put to the question assented therevnto and ordered the said graunt
∥to be sealed∥ wth the Counsells Seale.

Whereas at a great and generall Quarter Court held for Virginia the
13th of Nouember i620 it was ordered that an addic̃on of 68li 7s 3d should
be allowed in shares of land vnto Elizabeth Berkley widdowe wch came
to fiue shares and a halfe after 12li 10s p̱ share wch wth the [323]
Remaine of 331li 12s 9d then ordered to be paid her in money was to
make vp the iust Some of 400li beinge a Debt longe before due vnto
George Berkley her Husband deceased for the freight of Shipps and
transportℯ of men prouisions and Cattle to Virginia as by the leger
and iournall Bookℯ of Accountℯ examined by the Auditors and by an
Account vnder diuers Com̃ittees handℯ doth appeare wch shares of land
beinge nowe put to the question were confirmed vnto the said

Elizabeth Berkly and the Graunt thereof beinge likewise presented
and read was well approued of and ordered to be sealed withe the
Counsells Seale accordinge to the order of the former Quarter Court.

Whereas Sr ffrancis Iones kt assigned vnder his hand and Seale all
his interest vnto three shares of land in Virginia vnto Sr Iohn Wol-
stenholme as by his said Assignement Dated primo October i621
allowed by the Auditors may appeare, Nowe the said Sr Iohn Wolsten-
holme hauinge in like sort by his ∥sd∥ Assignemt giuen and graunted
the said shares vnto Iohn Harrison his Servant, did nowe moue they
might accordingly passe the approbac̃on of this Court Wherevpon the
said 3 Shares beinge put to the question were confirmed vnto the said
Iohn Harrison.

Touchinge the Complaint of mr Anthony Ireby against one that had
vnderhand (as he saith) sought to depriue him of his interest in two
shares of land in Virginia, it was informed by mr Carter the Officer
that the said Anthony Ireby had two yeares since in open Court
passed away his said shares vnto one Martin Earle who had likewise
sold the same vnto others wth the approbac̃on of the Court Where-
vpon mr Carter was appointed to signifie so much vnto the said Ireby
that he might be satisfied without farther Complaint. [324]

Mr Deputy acquainted the Court that one mr Io: Clarke beinge taken
from Virginia longe since by a Spanish Shippe that come to discouer
that Plantac̃on by whome he was carried to Spayne and there deteyned
fower yeares thinkinge to haue made him an instrument to betray that
Plantac̃on, That for somuch as he hath since that time donn the
Companie good seruice in many voyages to Virginia and of late went
into Ireland for transportac̃on of Cattle to Virginia he was an humble
Suitor to this Court that he might be admitted a free Brother of the
Companie and haue some shares of land bestowed vpon him, wch
request the Court taking into considerac̃on haue been pleased first to
graunt him his freedome and haue also thought fitt that two shares
of land old Aduenture be giuen him as a free guift of the Company
wch they haue recom̃ended to the next Quarter Court for confirmac̃on.

William Willis peticoninge for some considerac̃on to be giuen him in
respect that part of the charge of transportinge men for the Com-
panies vse by Capt̃ Lawne deceased remayneth yet vnsatisfied (as he
pretendeth) the Companie not knowing of any such arrearage to be
behinde vnpaide thought fitt to referr the examinac̃on hereof to the
Auditors before whome he is to make the said Debt appeare and to
produce his proufes who therevpon are to certifie the Court the equity
of his petic̃on.

Anthony Bullocke and Wm Browne in their petic̃on complained that
one mr Robert Barker a member of this Companie hauinge bought of
Sr Amias Preston deceased the one halfe of his Aduenture beinge 50li
doth doth nowe suppresse and deteyne these writings that should
manifest their right to the other halfe of the said Aduenture beinge
50li more wch they purchased of the widdowe of the said Sr Amias
Preston, clayminge thereby the whole Aduenture to himselfe Where-
vnto mr Barker beinge present made aunsweare that [325] he had
lawfully purchased the said Aduenture wch he would proue by those
writingℯ he had to shewe, Wherevpon the Court willed him to pro–
duce his euidence against the next Court to cleare the question that
the Petic̃oners might haue no farther cause to complaine.

Mr Copland moued that whereas it was ordered by the last Quarter
Court that an Vsher should be sent to Virginia with the first con-
veniency to instruct the Children in the free schoole there intended
to be erected, that for somuch as there was nowe a verie good Scholler
whome he well knewe and had good testimony for his sufficiency and
∥in∥ learninge and good carriage who offered himselfe to goe for the
p̱formance of this seruice he therefore thought good to acquaint the
Court therewith and so leaue it to their better iudgement & consid-
erac̃on wherevpon the Court appointed a Com̃ittee to treat with the
said Party. vizt

     

mr Gibbs.	mr Copland.
mr Wroth.	mr Balmford.
mr Wrote.	mr Robertℯ.

who are to ioyne herein with the rest of the Com̃ittee and to meet
about it vpon Monday next in the morninge about eight at mr Dep-
uties and thereof to make report vpon.

Vpon readinge the order of the former Court touchinge Captaine
William Weldens vndue p̱formance of the trust reposed in him by the
Company in breach of the Contract made wth them, he beinge nowe
present, moued, that forsomuch as he could not get the Com̃ittee
(vnto whome this buissines was formerly referred) to meete nor could
staye any longer in Towne beinge to proceed vpon other voyadges
that this Court would therefore please to take this buissines into their
considerac̃on and finally order it, & therevpon presented a writinge
vnto the Court wch seemed to be framed in iustificac̃on of himselfe
and of what he had Donne offeringe to proue whatsoeuer he had therein
sett downe. [326] Wherevpon it beinge read and his reasons per-
ticulerly examined, it was found and so adiudged by the Court to be
verie false and scandalous in many thingℯ as may appeare by the
Aunsweares made vnto each seuerall obiection wch were these that followe.[1056]

To his first obiecc̃on touchinge a promise of a supplie of 50 men more
(the Springe ym̃eadiatly after his first settinge out) and that vpon the
same termes as those formerly sent wth him, wch though it was not
expressed in his Contract yet he said it was promised by Sr Edwin
Sandys then Treasuror in his conference wth him. It was Denied and
signified by Sr Edwin Sandys that he neuer made any such promise,
and that what he spake was but onely a Declaration of a purpose and
intent of fauor towardℯ him for his better encouragement in that
Acc̃on in case sufficient meanes came in and that he carried himselfe
well whereby to deserue it of the Companie.

To his second Obiecc̃on that he was promised 3 Shares of land to be
sett out for him, wch the Gouernor denyed to do in respect he had no
such order from the Companie, for somuch as they remembred no such
promise they referred him for this to his Contract wch he beinge willed
to shewe said he had lost it.

To the Third obiection that he was to serue the Companie but for 3
yeares it was euidently proued by his Contract vnder his hand and
Seale that he was to serue them for seauen yeares.

To the fourth obiecc̃on that the Companie proporc̃on of victuall
allowed for his men for 12 moneths was not sufficient to mayntaine
them for 4 moneths and therevpon was forced to depart wth 30 of them
to serue other Maisters, It was proued by the Invoices of that voyage
nowe produced and read that they had allowed for each man a pound
of meate a daye wch was as much as vsually they graunt to any other:
And to part wth his men was imputed to his weakenes and much
offended the Company when they first heard of it and caused them to
[327] giue present order that they might forthwith be restored: And
it was further signified that if there had bin any iust cause of want of
prouision the Companie the Companie vpon the first notice could
easily haue furnished them.

To the fift that in stead of faire and fertill groundℯ ∥wch∥ he was
promised, he was seated in the most barren places of the Country:
It was signified that the place appointed him was farr otherwise beinge
chosen out by Sr Thomas Dale himselfe and affirmed vnto them to be
the best and fruitfullest Soyle, and if he were elswhere seated then
he was appointed or had betaken himselfe to a worse place and after-
wards againe remoued by Captaine Mathews ∥Mathews∥ as he pre-
tended the fault was his owne and not the Companies nor had they
euer notice of it till nowe.

To the 6o Obiecc̃on that two gentlemen (whose passage he was to haue
free with liberty to goe and returne at their pleasure) were deteyned
in Virginia by the Gouernor 3 Monethes against their wills, & could
not be released but vpon vnreasonable condic̃ons It was denied that
euer such liberty to goe and come at pleasure was granted either to
him, or those other two transported at the Companies charge who
therevpon went as Servantℯ there to remayne: And further that it
was giuen out he had taken money of one of those men for their
passage thither, notwithstandinge the Companie had freely giuen it
him.

To the 7o that in stead of Gouernor and Comaunder he was made a
Baylie and put to so meane and poore allowance as it would in short
time haue starued him: It was aunsweared that mr Thorpe was onely
appointed Deputy of the Colledge landℯ, and that it could not but
appeare vnto him by their Direcc̃ons that the Deputies place and office
was no Diminuc̃on either to his title or allowance no more then the
Deputy of the Companies land was vnto the Captaines there, wch was
nothinge at all.

To the 8o: that whereas he said that diuers of this Companie protested
that mr Deputy ffarrar did promise them they should enioye the prof-
fitt of their first yeares labor wth out paying any thinge to the Colledge:
It was Denied by mr Deputy that euer he made any such promise it
beinge contrary to the Contract made with him vnder their handℯ, as
also contrary to the report [328] of Sr Geo: Yeardley the Gouernor
and mr Thorpes Letters (wch were nowe produced and openly read in
Court) who affirmed that Capt: Welden did testifie it vnto them; But
to salue this Capt: Welden saith that the Gouernor hath taken order
that the Tenantℯ should haue the fruitℯ of their labor for that first
yeare, but vntill the Companies pleasure were knowne, and in case
the Companie should Demaund it they should make it good out of
their next Croppe.

Lastly he said that forsomuch as all that 900 waight of Tobacco he
brought home vpon his owne Account (except C waight of mr Bucks
for wch he is to send him returnes) he bought with that apparrell
lynnen beddinge brasse and houshold stuffe of good value he carried
with him & sold there at reasonable ratℯ as also in com̃isserac̃on &
recompense of his paines and trouble in their seruice that therefore
the Companie would please to remitt him the 44li staid vpon his
Tobacco by a former order of Court (whereof 40 markℯ was giuen him
to furnish him out and the rest allowed him for the passage of him-
selfe and two men) Wherevpon Captaine Welden beinge willed to
withdrawe himselfe the Court tooke the premisses into their consid-
erac̃on and obseruinge duely what the Gouernor had writt concern-
inge him, signifyinge he had giuen no ∥good∥ Account of his place

and that some suspic̃on there was that the Companies goodℯ in his
charge were not well accounted, for wch cause before his cominge
awaye he had giuen bond of 1000li to satisfie the Companie here, And
further it beinge considered also that they must be at great chargℯ to
send another in his place and that this money was the sacred Treas-
ure of the Colledge for wch the Companie are to be accountable, his
Demaund herevpon beinge put to the question was by erecc̃on of
handℯ denied. Then Captaine Welden beinge called in againe and
the sentence of the Court deliuered vnto him after some pause he did
earnestly entreat the Court to doe him the fauor to deliuer him his
bond of 1000li and to bestowe vpon him xjli for wch he stood endebted
to mr Swaine the Companies ffactor at Middleburrough, acknowledg-
inge further that he did submitt himselfe vnto the Companies censure
And for that most of the Court were nowe risen he besought mr
Deputy to moue his request to the Companie at the next Court and
he should acknowledge himselfe much bound vnto him for it, he beinge
resolued to go againe to Virginia wth a Plantation of his owne & some
freindℯ of his. [329]

ffrauncis Carter passed ouer two shares of land in Virginia vnto Sr
ffrauncis Goodwin of Oburne in the County of Bucke knight p̱cell of
the 40 shares assigned vnto him by the right Honoble the Lady Lawarr.

Also one share of land in Virginia vnto mr Oliuer Morden of    [1057] in
the County of Suff gent̃.