University of Virginia Library

A Virginia Court held on Wedensday 27th ffebruary i621

Present

                           

Sr Edwin Sandys.	mr Shippard.	mr Copeland.
Sr Io: Dauers.	mr Ro: Smith.	mr Nicho: ffarrar.
mr Io: ffarrar.	Capt: Tucker.	mr Paulavicine.
mr Gibbs.	mr Mellinge.	mr Bull.
mr Wrote.	mr Meuerell.	mr Iermynn.
mr Tomlins.	mr Hart.	mr Scott.
mr Kightley.	mr Balmeford.	mr ffaucett.
mr Wheatley.	mr Sparrowe.	mr Baynham.
mr Caswell.	mr Widdowes.	mr Stockℯ.
mr Barbor.	mr ffelgate.	mr Kelly.
mr Roberts.	mr Binge.	mr Lawr Ley.
mr Newport.	mr Budge.	Capt: Bargraue.
	mr Harris.	mr Kenaston.
	mr Webbe.	mr Iadwin.

Mr Deputy acquainted the Companie that worde was brought him the
that the Marmaduke was returned from Virginia and was nowe in
Ireland, and that although the Letters shee brought were not as yet
come to his handℯ, yet he had receaued good newes by Captaine Ray-
den[1058] owner of the said Shippe beinge aduertized by his mans letter of
the safe arriuall in Virginia of eight of their Shipps that sett out this
last Sum̃er wch brought all their Passengers thither in good health not
one dyinge either by Sea or land, and that whereas the Tiger in her
passage beinge driuen by ill weather to farr the north Cape fell into
the handℯ of Turkℯ in her waye but it pleased God to deliuer her out

of their handℯ by a straunge accident, So as shee escaped that danger
and came safely with her people to Virginia and that they wanted
only the Sea fflower wherein Capt: Hamer went wch they expected
would be there wthin a fewe Dayes after the cominge awaye of this
Shippe.

And further it was certified that they had found the people in Vir-
ginia all in good health and that mr Delbridges Shippe was there also
well arriued with many good Comodities from the Sum̄er Ilandℯ for
wch extraordinary blessing the whole Court gaue all possible praise &
thankℯ vnto God and were much comforted at so ioyfull & welcome
newes. [330]

The order of the former Court touchinge Captaine Welden beinge read
mr Deputy signified that th at the risinge of the said Cort Capt: Wel-
den entreated him to moue the Companie at their next meetinge that
they would be pleased to deliuer vp his Bond of 1000li and to remitt
him the 11li he stood indebted to mr Swayne the Companies ffactor wch
he lent him at Midleburrough wch request he praid the Court to take
into their considerac̃on and to giue him aunsweare: Wherevpon the
matter being a longe time debated, it was at length put to the ques-
tion, first for givinge vp of his Bond wch was by erecc̃on of handℯ
agreed vnto in respect he was nowe come home and out of the Com-
panies seruice: And further it beinge also put to the question whither
the 11li Debt should be remitted vnto him in mercie and fauor towardℯ
him, it was by a generall erecc̃on of handℯ denied, in respect the said
money was part of the Colledge Stocke, and that the Companie was to
be at a further charge to furnish out another in his roome.

The Com̄ittees report touchinge the allowance graunted vnto the
Vssher of the ffree Schoole intended in Virginia beinge read mr Cop-
land signified that the said Vsher havinge lately imparted his minde
vnto him seemed vnwillinge to goe as Vsher or with any lesse title
then mr of the said Schoole and to be also assured of that allowance
that is intended to be appropriated to the mr for his propper mayn-
tenance, but it was aunsweared they might ∥not∥ swarue from the
order of the Quarter Court wch did appoint the Vsher to be first estab-

lished for the better aduancemt of wch Acc̃on diuers had vnderwritten
to a Roll for that purpose Drawne wch did already arise to a good Some
of money, and was like Daylie to encrease by reason of mens affecc̄ons
to forward so good a worke: In wch respect many sufficient Schollers
did now offer themselues to goe vpon the same condic̃ons as had bin
proposed to this Party, yet in fauor of him for somuch as he was spea-
cially recomended by mr Copland whome the Companie do much
respect the Court is pleased to giue him some time to consider of it
between this and the next Court desiringe then to know his direct
aunsweare whither he will accept of the place of Vsher as had bin
offered vnto him And if he shall [331] accept thereof then the Court
haue entreated
       

mr Balmeford.

mr Copeland.

mr Caswell.

mr Mellinge.

to conferr with him about the methode of teachinge and the bookℯ he
intends to instruct Children by.

Augustine Bullocke and Wm Browne complaininge by petic̃on against
Robert Barker a Member of this Companie for keepinge backe those
writingℯ wch should manifest their right to the moyitie of Sr Amias
Prestons aduenture beinge 50li fforsomuch as both sidℯ haue agreed to
submitt the cause in difference between them to be heard and ordered
by this Court for the more speedy endinge of the said Differences the
Court hath referred th it to a Comittee to comprimise the same
between them, if they can, or otherwise to certifie to the next Court
their opinions what they shall thinke fitt to be donne therein vizt

     

mr Wrote.

mr Tomlins.

mr Iermynn.

who are entreatreated to meet at mr Iermyns Chamber in the Temple
on ffriday next about two in the Afternoone.

Mr Nicho: ffarrar moued that for somuch as his Accountℯ for the ffurr
buissines were nowe made vp that the Aduenturers of that priuate
Companie would please to appoint some to examine and audite the
said Accountℯ: Wherevpon the Court nominated

     

mr Bull ∥mr Moorer∥.

mr Caswell ∥mr Palmer∥.

mr Barbor.

to meete vpon Satturday the second of March next in the morninge.

Vpon the humble petic̃on of Elizabeth Smalley widdowe the Court
haue bin pleased to graunt her a Comission to enquire of the goodℯ of
Capt: Robert Smalley her Husband deceased and that it shalbe rec-
oc̃ended to the Gouernor to take care that right be Donne her accord-
inge to equity and good conscience. [332]

The Petic̃on of Robert Limpanie being taken into considerac̃on the
Court therevpon ordered that it should be recomended to the Gouer-
nor that if in case it shall appeare that neither Abraham Peirce nor
his wife haue bin ∥at∥ any charge for the settinge out of the Peticoners
Soñe as he informed that then the said Peirce be not p̱mitted to take
any aduantage of his Sonnes Indenture but be caused to deliuer it vp,
and that vpton also (Peirces servant) be caused to restore his Sonns
goodℯ at his cominge ouer, wch Vpton tooke away from him when he
rañ away and carried them ouer wth him to Virginia.

Mr Hiddlebrand Preiwsen assigned ouer one share of land to Thomas
Pemble, wch being allowed by the Auditors passed the approbac̃on of
this Court.

Mr Edward ffaucet in like manner passed three shares of land to mr
Nicholas ffarrar.

Mr Scott with like approbac̃on and allowance of the Court passed 3
shares to mr Patrick Copland.

Whereas it was moued that Henry Mansell hath by his Petition to my
Lo: Keeper declared that this Compa were indebted vnto him in 60li
aboue these 6 yeares in Sr Thomas Smiths time and yet it did noe
waye appeare, and that mr Caninge pretended that this Compa were
likewise indebted vnto him but for somuch as the said mr Caninge had
receaued diuers Somes of money out of the Virginia Cash, others by
Subscription and Lottery bookes; It was therefore ordered that
against the next Court the said mr Caninge and Mansell should be
warned to bringe in their Accountℯ, and that Mansell should declare
vnto that Court whither he be free or not, because mr Woodall had
verified somuch vpon oath, as was then alledged.

Vpon the humble request of Wm Capps the Court ordered a Certificate
to be drawne vp by the Secrẽ to testifie the good esteeme it had of him
aswell in the Colony in Virginia as of the Companie here, as may
appeare by the rewards of his good seruice vnto them, As also ∥of∥
what ability ∥he∥ is reported to be there in respect of ye great Supplies
he hath sent thither wch Certificate the Secretary is appointed to witt-
nesse in the name of the Companie. [333]

Whereas the last Quarter Court thought fitt to enlarge the former
Com̃ittee with an addic̃on of some other gentlemen to examine the
Certificate of Captaine Martin presented at the said Court by one
Captaine Hazell and therevnto to frame some aunsweare for the better
informac̃on of those Lordℯ (whose handℯ he had procured vnto the said
Certificate) It was nowe moued that for somuch as the said Com̃ittee
had not yet mett about it by reason of much other buissines as also
for that Capt Martin had excepted against and not spared to traduce
some of the said Com̃ittee, notwithstandinge they proceeded with as
much respect and fauor towardℯ him as in reason could be required
that therefore it would please the Court to take this buissines againe
into their ∥owne∥ handℯ and Debate the same in the presence of this
generall Assembly.

Wherevpon the Court caused the said Certificate to be read wch was
in the name of the Counsell and Company for Virginia here resident

being as well in iustificac̃on of Captaine Martins good Desertℯ as also
in approbac̃on of his Patent nowe questioned by the Companie wch
Certificate beinge read they caused also his Patent to be deliberately
read and examined and wth all those exceptions wch the former Com̃ittee
had collected vpon it, By all wch as also by the Court bookℯ beinge
searched it plainely appeared that the Patent was neuer confirmed by
a Quarter Court but only had the approbac̃on of a priuate Court pur-
posely called for that buissines only; It was therefore adiudged by
the whole Court to be absolutely voide in lawe and of no validity
Wherevpon after longe deliberac̃on it was aduised that for sauinge the
reputac̃on of the Companie whome Capt: Martin had apparently
wronged, in vsinge of their names in the said Certificate as if they
went about now to Disavowe their owne Act or that some of the Com-
pany in a kinde of facc̃on or spleene towardℯ him did seme to crosse
the Act of the whole Companie and of his Mats Counsell for Virginia
in whose name the said Certificate was framed to the infinite wronge
of the whole body.

ffor auoydinge of wch fowle asperc̃on and the ill construcc̃ons that
might be made thereof, Herevpon it was agreed and ordered that a
convenient Declarac̃on should be drawne vp consisting of these fower
headℯ. [334]

1.

• That whereas they are constrained and lymited by his Mats Letters
  Patents to fower great and generall Quarter Courtℯ for passinge of all
  Patentℯ of waight and Disposinge of land in Virginia That contrary
  herevnto Captaine Martin presented both this ∥this∥ his Patents for
  land and his other Patent for the Masterpp: of the ordinance ready
  engrossed and wth out the preexaminac̃on of a Com̃ittee to the appro-
  bac̃on of an inferior Court wch had no power to graunt any Patents
  where notwithstandinge it passed by the power of Captaine Martins
  frendℯ to the Dislike of some then present and could neuer since that
  time obtaine the confirmac̃on of a Quarter Court.

2.

• To Declare such exceptions against his said Patent as did espeacially
  repugne aswell the Gouerment of the Colony in Virginia and the
  

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  authority of his Mats Letters Patents as also the standinge orders of
  the Companie fundamentally deriued and grounded vpon the said
  Letters Patents.

3.

• To Declare the ill effectℯ wch haue followed those his exhorbitant
  priuiledges namely that herevpon Capt: Martin hath refused to submitt
  himselfe to the lawes and orders of the Colony in Virginia and hath
  made his Plantac̃on a receptacle of disordered persons where such as
  are indebted do shroud and rescue them selues vnder his protecc̃on
  wch was also viua voce testified in open Court whereof the Gouernr
  and Counsell of State there haue often and verie much complained.

Lastly that the Companie haue and do still offer to graunt him a
newe Patent vpon surrender of his old, wth as large and ample priui-
ledges as they may or can graunt by his Mats Letters Patentℯ. [335]

Accordinge to these heads and what other addic̃ons shalbe thought
necessarie the Court haue entreated

     

Sr Io Dãuers.	mr Wrote.
mr Deputy.	mr Gibbs.
mr Iermyn.	mr Nich: ffarrar.

or any three of them to drawe vp a Declarac̃on and to meete about it
to morrowe in the afternoone at mr Deputies about two of the Clocke,
if mr Iermyn can then be present, but if not then to meet vpon fri-
day morninge at mr Iermyns Chamber in the Temple.

And it is further agreed and ordered that vpon the finishinge of the
said Declaration a Court be warned to pervse and examine the same
(and that Captaine Martin be then peremptorily warned to ∥be∥ pres-
ent,) and after they haue approued thereof they thinke fitt that diuers
Coppies be made of the said Declaration to present vnto the Lordℯ
and others.