University of Virginia Library

At a Court held for Virginia
on Wedensday the 17th Iulij i622

Present

   

∥the right honble∥	Lo: Cauendish.
	∥Sr Edw: Sackuill.∥

                                       

Sr Edwin Sackuill.	mr Penistone.	mr Woodall.
Sr Edwin Sandys.	mr Geo: Smith.	mr Copland.
Sr Phil: Cary.	mr Mellinge.	mr Chris: Earle.
Sr Iohn Dauers.	mr Edw: Palmer.	mr Couell.
Sr Iohn Brooke.	mr Iohn Smith.	mr Iefferson.
Sr Edwin Sandys Iuñ.	mr Edw: Iohnson.	mr Robertℯ.
mr Nich0 ffarrar Dept̃.	mr Iadwin.	mr Couell.
mr Gibbs.	mr Truloue.	mr Barkham.
mr Wrote.	mr Harrison.	mr Martin.
Dor Anthony.	mr Stephens.	mr Scott.
mr Binge.	mr Hith.	mr ffogge.
mr Barnard.	mr Morewood.	mr Ley.
mr Whitley.	mr Rogers.	mr Elkington.
mr Barker.	mr Wheatly.	mr Waterhowse.
mr Wilmer.	mr Ewens.	mr Barbor.
mr Ayres.	mr Newport.	mr Gookin.
mr ffelgate.	mr Winn.	with diuers others.
mr Kirby.	mr Groce.
mr Perry.	mr Leuer.
mr Steward.	mr ffreake.

Mr Deputy moued the Court in reguard the time was farr spent they
might begin to dispatch some ordinary buissines before the Lords
came who were nowe imployed about the Companies buissines whereof

at their cominge they should haue an Account: Hee likewise prayed
that the Last Quarter Court might be put of till the next Quarter
Court to be read, for somuch as neither himselfe nor the Secretary
had as yet any spare time to perfect the same, wch was agreed vnto.

A moc̃on was made in the behalfe of Captaine Thomas Iones Captaine
of the Discouery nowe imployed in Virginia for Trade and ffishinge
that he might be admitted a ffreeman of this Companie in reward of
the good seruice he hath there performed, The Court liked well of
the moc̃on and condiscended therevnto.

ffrancis Carter passed ouer one share of land vnto Iohn Hitch Cittizen
of London beinge the last Share of the later 40 assigned vnto him
from the Right Honoble the Lady D'Lawarre. [54]

Richard Bull passed ouer two shares of land in Virginia heretofore
assigned vnto him by Henry Rowland Goldsmith, the one vnto Raph
Bateman Cittizen and Grocer of London, the other Iohn Budge Citti-
zen and Stationer of London.

Mr William ffleete passed ouer three shares of land to his Daughter
Katherine ffleete.

A moc̃on was made that forasmuch ∥as∥ mr Truloue and his Associatℯ
intend to proceed in their Plantac̃on beinge no whitt discouraged with
this late Massacre of the English by the treacherous Indians are nowe
settinge forth a Barke called the Truloue of London of about 46: Tuñ
to Virginia they therefore desired the honoble fauor of this Court to
graunt them a Com̃ission for ∥the∥ said Shippe and Voyadge wch the
Court agreed vnto.

Vpon the humble request of Wm Sheffeild petic̃oninge for leaue to ad-
minister vpon the goodℯ (that are saued) of his Sonne Tho: Sheffeild
lately slaine by the Indians wch goodℯ he desires to preserue for the
vse of a Sonne of the said Thomas a Child about the age of twoe
yeares saued aliue in that bloudie Massacre, forsomuch as it was sup-
posed this would proue a leadinge case, and the suite of many others

to be releiued in: It was therefore thought fitt to referr it to a Com̃-
ittee to consider what power and authority may be graunted by the
Companie to the surviuinge frendℯ of Such as are slaine, or shall
hereafter decease to administer vpon the goodℯ lefte vnto them, and
what course may best be taken for recouery and preseruac̃on of all
such goodℯ from losse and imbeazellinge to the vse and behoufe of
the true proprietors, to this end the Court hath appointed

       

mr Gibbs.	mr Wheatly.
mr Binge.	mr Gookin.
mr Iohnson.	mr Procter.
mr Rob: Smith.

or any fower of them to meete on ffriday next the i9th of this present
Moneth about 2 of the Clocke in the Afternoone at mr Deputies to
aduise about it, and to certifie their opinions to the next Court.

Mr Barkham presented to this Court a Graunt of certaine Landℯ passed
vnto him by Sr Geo: Yeardley vnder the Seale of the Colony vpon
condic̃on that he compounded for the same with Opachankano and
procured a confirmac̃on thereof from the Companie here within two
dayes ∥yeares∥ after the said Graunt for wch confirmac̃on he nowe
petic̃ons the Court.

Vpon wch occasion it was taken into considerac̃on howe farr forth the
Gouernor of Virginia by a Charter heretofore graunted vnto him by
the Companie might graunt landℯ in Virginia, and it was resolued
directly that by the Kings Letters Patents no other but the Companie
here and that in a Quarter Court onely had power to dispose of land
in Virginia neither had they liberty thereby to transmitt [55] that
power from themselues to any other, And as for the Clause wch they
had graunted in their said Charter vnto the Gouernor of Virginia
touchinge the disposinge of land, it did only intend to giue him
power as a Ministeriall- Officer to sett out to each ∥euery∥ man his
propper diuident either by direcc̃on from hence, or to such as had
acquired it there ∥by purchase or seruice∥, and therein cheifely to
respect the auncient Aduenturers and Planters, with authority also
to passe the said Grantℯ vnder the Collonies Seale if so they did

desire it, but not to make an absolute Graunt of the said lands for
that the Seale in that case was but a certificate or testimony of so
much land sett out for the considerac̃ons aforesaid to be further rati-
fied and confirmed by the Company here who only had power to con-
firme the same vnto them: And further then this the Gouernor
neither had nor could haue any authority from hence to dispose of
land in Virginia, but this Graunt of Barkhams was held to be verie
dishonorable and preiudiciall to the Companie in reguard it was lym-
itted with a Proviso to compound with Opachankano, whereby a
Soueraignity in that heathen Infidell was acknowledged, and the
Companies Title thereby much infringed. It was also reputed a
fraudulent deed vnto the Grauntee, and of purpose onely to drawe a
ffee from him, wch by report is very excessiue, in that kinde, there
beinge no lesse then 20li waight of Tobacco or 3li in money dem̃aunded
by the Secretary there fore euery such priuate diuident of 50: or 100:
acres passed vnder the Seale of the Colony, wch this Court held to
be verie vnreasonable, and therefore for the preuention thereof
∥hereafter∥ as also to avoid that confusion of grauntinge priuate Diui-
dentℯ in the cheifest places wch many possessed themselues of, was
§not§ with an intent to plante vpon the said landℯ so much as to pre-
uent such other in their Diuidentℯ as tooke Patentℯ here, without
they compounded with them for these parcellℯ that laye intermingled
It was for these reasons thought fitt to be referred to the iudgement
of the next Quarter Court to consider of some course for a speedie
reformac̃on.

Mr Grindall also presentinge the like Grant vnder the Collonies Seale
of 150: acres bounded out and allotted vnto him at his first cominge
away in considerac̃on of his seruice, for somuch as he hath promised
to plant the same at his arriuall there by this next Shipping The
Court herein beinge willinge to shewe fauor especially to such auncient
Planters as shall deserue well by their seruice and intend to plant
vpon the land sett out for them, haue ordered that a Letter shalbe
writt to the Gouernor to giue order to the Surveyor to sett out the due
proporc̃on of his said land and to bound the same euery waye within
his iust lymittℯ.

Sr Edw: Sackuill beinge entreated by the former Court to acquaint
the Lordℯ of his Mats Counsell with the Massacre of the English Col-
lony in Virginia by the Indians there and with the present necessity
of Armes and people to make a reparac̃on, did nowe report that with
the first oppertunity he had accordingly informed their ll͠ps, and after
some questions passed about some p̱ticulars he entreated their ll͠ps
mediac̃on [56] to his Matie in their said suite wch they were pleased
to performe whereof his Matie beinge informed as, also of the manner
of this Accident with great indignac̃on apprehended the cause thereof
to be the same that their ll͠ps did vizt that the Planters in Virginia
attended more ∥their∥ present proffitt rather then their safety ∥and
pleasing their humors and fancies∥ by Lyvinge so scatteringly and dis-
persedly pleasinge their owne humors and fancies: But his Matie
was so farr sensible of the losse of so many of his Subiectℯ and of the
present estate of the Colony as he was graceously pleased to promise
them assistance, and therevpon dem̃aunded what the Companies
desire. It was answeared Munic̃on and people whereby they might
be enhabled to take a iust revenge of those treacherous Indians, and
to recouer what they had nowe lost as also to secure themselues against
the like or any other forraigne Enimy that should offer to assault
them wherevpon it pleased his Matie to promise them some such Armes
out of the Tower as was desired whereof the Officers of the Tower
brought some of each kinde and reported their store there to be as
followeth.[30]

         

Briggandines alℯ Plate Coatℯ	100
Iacks of Male	40
Ierkins or Shirtℯ of Male	400
Skullℯ	2000
Caliuers and other peeces billℯ Halberts Swords	....

The Court is continued by a generall Consent[31] of handes till all buissi-
nesses were ordered.

Mr Horwood petic̃oninge for releas of his Sonne in lawe Robert Dauies
from mr Rolfe hauinge serued out his three yeares accordinge to his
Contract, as also that he might haue his Diuident of land for that he
was furnished out at his charge, all wch he said he had wittnesses in
Towne to proue: The Court hath entreated mr Deputy to examine his
Wittnesses and therevpon ordered his petic̃on should be recom̃ended
to the Gouernor of Virginia to do the said Robert Dauies right
accordingly.

Whereas it appeares by an Acquittance presented at the said Court
vnto Sr Thomas Smiths hand dated the 9th of September i607 that
mr that Wm Phetiplace beinge an auncient Planter paid vnto Sr Tho:
Smith then Treasuror for Virginia the Some of 10li wch beinge some-
what short of the purchase of a Share: The Court notwithstandinge
vpon his humble request and promise to plant the same within some
convenient time haue bin pleased to remitt him the odd money and to
allowe him 100 acres of land old Aduenture vpon a first diuision for
wch direcc̃on shalbe giuen to the Gouernor to cause the same to be sett
out for him accordinge to the orders of the Companie. [57]

Sr Edwin Sandys signified vnto the Courte that the Companie of the
Sum̃er Ilands in their great Quarter Court held the Tenth daye of
Iuly last had consented to the Contract intended to be made with his
Matie for the sole Importac̃on of Tobacco, but with some difference
from the Virginia Companie touchinge the medium of the Custome
thereof, for the Company of the Sum̃er Ilands havinge duely waighed
and considered of all circumstances incident therevnto conceaued it
would be more convenient and safe for them to paye the Custome of
6d the pounde ∥weight∥ for Roll Tobacco and 4d for leafe as it came in,
then to be tyed to paye the certainety of so great a Som̃e of money,
as the medium came vnto, besides they considered that the Customers
hauing by this meanes of grauntinge a medium their Customes made
certaine, would take no care nor paines to discouer the stealinge in
of Spanish Tobacco, whereas in payinge the Customer the proffitt of
the Customers beinge also interessed therein, it would make them
the more vigilent and carefull to prevent the vndue bringinge in of

Spanish Tobacco and thereby also saue the Companie much charge,
wch they must otherwise be at for maỹtayninge of a great number of
officers for this purpose Wherevpon it beinge taken into considerac̃on
whither an Inferior Court had any power to alter that wch was so
solemnely ratified by a Quarter Court it was resolued it could not, but
withall they held it fitt to signifie to my Lo: Treasuror and certifie
by waye of Declaration of their perticular opinions that they con-
ceaued the Sum̃er Ilands Companie for many substantiall reasons had
taken the better course, and therefore the Companie of Virginia
would not oppose the drawinge vp of the Patent accordinge to the
desire and resoluc̃on of the Sum̃er Ilands Companie, not doubting but
if the next Quarter Court for Virginia shall ∥should not∥ aproue
thereof they shall entreat his lp: their first order may Stand.

             

Sr Io: Dauers	mr Iermyn
2 Deputies	mr Binge
mr Gibbs	mr Ro: Smith
mr Wrote	mr White
mr Brooke	mr Seldon
mr Herbert
mr Io: Smith

or any fower of them are entreated to meete and aduise about the
drawinge vp of the Patent touchinge the Contract to be made with
his Matie for the sole Importac̃on of Tobacco accordinge to the Propo-
sitions agreed on by the Companies of Virginia and the Sum̃er Ilands
in their great Quarter Court held this present month wch is to be donn
in the most benificiall manner for the behoufe of both Companies,
who are likewise desired to attend mr Atturny about the same: And
also to take into their considerac̃on those thingℯ that are to be per-
formed before the said Contract is to be in force as namely the pro-
hibitinge the planting of Tobacco in England and Ireland also to
prohibite the importinge of any Spanish ∥Spanish∥ Tobacco in Eng-
land and Ireland more then the quantitie limited by this Contract. [58]

A Comission for Tobias ffelgate Mr of the Iames of London of about
140 Tuñ bound for Virginia with 90 Passengers was ordered to be
drawne vp and sealed.

A Comission likewise for mr [32] Langley Mr and Owner of the
Margarett and Iohn of i60 Tuñ bound for Virginia with one hundred
passengers.