 | The records of the Virginia Company of London |  |
An Extraordinary Court Holden
for Virginia on Monday the 7° of
October i622
| Sr Io: Dauers. | mr Whitely. | mr Mellinge. |
| Sr Io: Brooke. | mr Barbor. | mr Elkington. |
| Sr Phil: Carey. | mr Caswell. | mr Coxe. |
| mr Nicho ffarrar. Dpt̃. | mr Swinhowe. | mr Newport. |
| mr Io: ffarrar | mr Copland. | mr Penistone. |
| mr Gibbs. | mr Withers. | mr Robertℯ. |
| mr Wrote. | mr Barkham. | mr Geo: Smith. |
| mr Binge. | mr Kirby. | mr Sparrowe. |
| Dor Anthony. | mr Waterhowse. | mr Ley. |
| mr Ro: Smith. | mr Iadwin. | mr Coop̱. |
| mr Iermin. | mr Wood. | mr Budge. |
| ∥mr Roberts.∥ | mr Hawkins. | mr Tho: Waterhowse. |
| mr Rogers. | mr Morewood. | mr Woodall & |
| Capt: Martin. | mr Leuer. | mr Palmer. |
| mr Purcas. | mr Bennett. | with diuers others. |
Mr Deputy signified vnto the Companie that the occasion of callinge
this Court was for the dispatch awaye of the Abigaile, And for that
diuers petic̃ons had bin exhibited wch were to be ordered and sent by
this Shippe some of greuiances for wrongℯ donn by vniust factors and
Partners in Virginia others of claime to landℯ and goodℯ belonginge
the Counsell had by the Iames already sent their Letters of aduise
and direcc̃on to the Gouernor and Counsell of Virginia touchinge the
late Massacre and other important buissinesses: So as it had bin
taken into considerac̃on and held verie fitt that the like addresse should
be nowe made by the Compã to second the former, whereof a draught
beinge made, he nowe presented in Court wch beinge read and well
approued of, was ordered to be signed by the Deputy in the name of
the Companie and wittnessed by the Secret̃y.
After this the petic̃ons were read and ordered as followeth (vizt)
Mr Iohn ffarrar and his Partners complayninge by petic̃on against
Captaine ∥William∥ Tucker and one Henry Gats for not havinge
returned them any Account of those goodℯ they com̃itted to their
charge wch cost them well neare 900li havinge imployed them as their
ffactors and Agentℯ in the Shippe called the Elianor they therefore
praied this buissines might be so recom̃ended to the Gouernor and
Counsell of Virginia as they might haue Iustice donne them and all
lawfull furtherance giuen to those they had appointed their Atturnies
herein, Wherevpon the Court did very earnestly recom̃end this
petic̃on to the Gouernor and Councell to take it especially into their
care that iustice and right may be donne without delaye vnto ye Peti-
c̃oners and that satisfacc̃on may be made them to the full in all their
lawfull and iust demaundℯ, for so both the matter it selfe required and
the merrittℯ of the p̱sons [62] of the Colony are extraordinary and
that of the proceedingℯ herein the Companie desire to haue an Account
returned them by the first The Companie were likewise pleased
that Charles Atkinson being their Tenant shall doe this seruice for the
Petic̃oners.
Mr Edw: Bennett in his Petic̃on makinge two requestℯ vnto the Com-
panie the one that the cause in difference between him and Capt.
∥Raph∥ Ham̃er might be recomended to the Counsell of Virginia to
do him iustice, The other that his people might be returned to his
Plantac̃on at Warascoacke: The Court ordered that the Gouernor and
that so farr as right and iustice will permitt his request may be satis-
fied and that a perfect and speedie Account be returned them of all
proceedings therein and that they do not onely giue leaue to the
repossessinge of Warasquoak, but further doe verie earnestly recom̃-
end the settlinge of his affaires and buissines to the fauor and fur-
therance of the Gouernor and Councell, and that what courtesie they
shall shewe him therein, the Companie will accept as donne to them-
selues in reguard mr Bennet (besidℯ great seruices donne for the
aduancement of the Plantac̃on) is the largest Aduenturor that they
knowe of.
Mr Wm Caps an auncient Planter in Virginia in his petic̃on made 3
requestℯ vnto the Companie: 1: That Sr Wm Newce might be required
to deliuer him the fiue men for whose transportac̃on be paid him 30li
here in Towne 2: That Sr Geo: Yeardley might restore vnto him the
Danske Chest and goodℯ he detaines from him, And lastly that he
might haue satisfacc̃on for the land taken from him by Sr Geo:
Yeardley then Gouernor for that it laye in that part where the Com-
pany had appointed their land to be sett out (notwithstandinge he
saith he was possessed thereof before that allottment was made:)
Wherevpon it was ordered that it should be certified that the Com-
panie had bestowed on the Petitioner 30li wch mr Io: ffarrar testified
to haue bin paid to Sr Wm Newce to the intent expressed (vizt) for
the transportac̃on of those fiue men wch they doubt not he will
p̱forme: And in that and the matter of the Chest they desire the
the Peticonr haue right donne him, as for the land, if he were law-
fully possessed of it before it was ordered for the Companie they
hold it iust that it should be restored him or elℯ satisfacc̃on made him
to the full with allowance of dam̃age it beinge their intent to giue of
their owne and not to take from other.
Mr Henry Rolfe in his Petic̃on desiringe the Estate his Brother Iohn
Rolfe deceased lefte in Virginia might be enquired out and converted
to the best vse for the mainetenance of his Relict wife and Children
and for his indempnity (hauinge brought vp the Child his said
his custodie) It was ordered [63] that the Gouernor and Counsell of
Virginia should cause enquirie be made what Landℯ and goodes the
said Iohn Rolfe died seized of; and in case it be found the said Rolfe
made no Will, then to take such order for the Petic̃oners indempnity
and for the mayntenance of the said Children and his relict wife as
they shall finde his Estate will beare (his debtℯ vnto the Companie
and others beinge first satisfied) and to returne vnto the Companie
∥here∥ an Account of their proceedingℯ.
Iane Glouer and Bridgett Hubbard peticoninge for leaue to adminis-
ter vpon the estate of Samuell Stringer their naturall Brother lately
slaine in Virginia, beinge indebted vnto them (as they affirme) It
was ordered that the Gouernor and Counsell of Virginia should be
entreated to cause enquirie be made what estate in landℯ and goodes
the said Stringer died seized of and therein to shewe Iohn Tuke mr
of the Abigall (whome by their Letter of Atturney they haue author-
ised to receaue the said goodℯ to their vse) all lawfull fauor and assist-
ance they may for helpinge the Petic̃oners to come to their right
(with due respect) they beinge not onely his Creditors but his heires
also.
Edward Peirs Cittizen and Marchantaylor of London, petic̃oninge for
leaue to administer vpon the estate of one Thomas Peirs his Brother,
late inhabitinge neare Mulbery Ilands in Virginia (who was there
slaine with his wife and child in the late Massacre) It was ordered
that forsomuch as it hath bin testified as well by Certificate from Sr
Wm Owen knight and Thomas Iones esquire Bayliffe of the Towne of
Shrewsbury as also vpon oath taken of the Peticonr and one Robert
Corbett by the Deputy and some other of his Mats Counsell for Vir-
ginia that the said Edward Peirs is the onely Brother of the said
Thomas deceased, and that he hath but one only Sister namely Ann
Peirs lyvinge That the Gouernor and Councell of Virginia should be
entreated to shewe the Petic̃oner or his Assignes what lawfull fauor
and assistance they may in the premisses that the Proprietors may
receaue the benifitt of the proceed of those goodℯ that shalbe found
out with all expidic̃on.
Ioane Blancher petic̃oninge likewise for that estate her Husband Iohn
Blancher died seized of in Virginia: It was ordered that the like
direcc̃on should be giuen to the Counsell there to cause enquirie be
made what goodℯ he lefte and not onely to giue an Account but also
to returne the goodℯ themselues or the proceed thereof (beinge sold to
the value) to the Treasuror and Companie here to the vse and benifitt
of the said Peticonr.
A Certificate beinge presented in Court vnder the hand of diuers
therein named, certifyinge that Iames Darey is the next heire of Iosua
Darey who was lately slaine in Virginia: The Court ordered that
forsomuch as this Certificate was testified to be true by mr Wheatley
a Brother of this [64] Companie, it should be recom̃ended to the
Counsell of Virginia to cause enquirie be made what goodℯ the said
Iosua Darey died seized of, and to giue order that they be sold to the
best value and to returne the proceed thereof to the Treasuror and
Company here for the vse and benifitt of the said Iames Darey.
The Brothers and Sisters of Captaine Nath: Powell peticoninge for
order that their said Brothers estate might be enquired out and certi-
fied, and the Proceed thereof returned vnto the Companie here
for their vse and benifitt, It was ordered that it should be recom̃-
ended to the Counsell of Virginia to haue an espeaciall care of this
buissines, both because it is of great consequence, as also for that
Capt: Nath: Powell was a man of extraordinary merritt, and the
Petic̃oners poore men, wherefore they desired that Iustice and right
may be donn them ∥therein∥, and that so speedily as the Petic̃oners
may receaue the benifitt thereof by the first returne of Shipps, and
not onely an Account, but also the goodℯ themselues or the proceed
of them beinge sold to the value be returned to the Treasuror and
Companie.
Iohn Stephens and Raph Baylie petic̃oninge both to one effect vizt
that direcc̃on might be giuen to the Gouernor of Virginia to sett out
their Diuident of land where and when he should thinke fittest for
their safety and convenience; The Companie conceaued the Petic̃on-
ers request to be so resonable as they are assured the Counsell of
people what fauor they may for the safe and convenient settlinge of
them.
The Companie beinge informed by the Auditors that Sr Geo: Yeardley
in stead of 500li wch by the Counsellℯ Letter of the 18th of Decembr
i619 he was com̃aunded to returne for the 50 youthes then sent by
his Mats Com̃aund hath onely returned 3333li waight of Tobacco, wch
beinge sent to Middleburrough and there sold comes to ∥no∥ more
then 275li 15 06 haue ordered that the Account of that Tobacco signed
by the Auditors and Bookeep̱ should be sent vnto mr Geo: Sandys
Treasuror in Virginia to be shewed vnto the said Sr Geo: Yeardley
and the rest whome it may concerne, and that they should be caused
to make satisfacc̃on for the 224li 4: 6: wch is remayninge due vnto the
Companie this yeare in good leafe Tobacco to be sent home in the
Abigall.
It was also further ordered that the Account of the Tobacco sent home
last yeare to the Companie should be sent to mr Geo: Sandys, that he
might see at what rate it was here sold and cause further satisfacc̃on
to be giuen from whome it is due. [65]
It was also ordered that a Coppie of Leiutenant Wm Peirs his Bond
should be sent vnto mr Geo: Sandys who is required to leavy of the
said Wm Peirs the 500li of Tobacco appearinge due to the Companie
by the said Bond and to send it home in the Abigall.
In these perticulars the Companie desire mr Geo: Sandys to be verie
carefull and the Gouernor to giue him all the assistance that the
Companie be not disappointed of so due debtℯ in this time of great
necessity.
And it is further ordered that the Gouernor of Virginia shall not here-
after graunt leaue to any indebted to the Companie to returne for
England vntill he hath giuen full satisfacc̃on for all such debtℯ as he
shall stand charged with.
Mr Deputy acquainted the Court, that mr Secretary Dauison had
requested him humblie to tender to the considerac̃on of this Noble
Company the great losse that he had endured this last yeare by want
of 13 of of those 20 Tenantℯ that the Companie were pleased to
graunt and promise to him: Wherevpon he humblie besought them,
that they would bestowe vpon him at present in recompence or sat-
isfacc̃on of that dam̃age the Sum̃e of 50li wch he would procure to be
lent the Companie vnder their Seale at a yeares daye of payment, Mr
Deputy added that he would not haue dared in this time of the Com-
panies extreame pouerty to propound a matter of so great charge vnto
them, but that he did for his part conceaue, that in trueth the doeinge
of this, should be a matter rather of payment of debt then pointe of
liberality, and besidℯ that mr Secretary Dauison himselfe had found
the meanes for procuringe the money, and that after such a manner,
as he for his part, should be verie glad, if all the Companies Debtℯ
might be so discharged, but against this it was obiected, that Mr Sec-
retary had receaued ffees in Virginia in recompence of his want of
men, and further that he had not performed his seruice aboue halfe
the time; And lastly that howsoeuer, the President would be verie
dangerous whereby other Officers that had suffered the like dam̃ages
would make the like demaundℯ: But for the first mr Deputy and his
Brother mr Iohn ffarrar affirmed, that mr Secrẽ Dauison had solem̃ly
protested to them diuers times (they havinge challenged him thereof
accordinge to some Letters that did seeme to import so much) that he
had receaued no ffees at all or to no value at least, and that although
there was at first an intenc̃on by the Gouernor and Counsell to make
him satisfacc̃on after that manner; yet afterward consideringe with
himselfe, that perhappℯ it would be displeasinge to the Company here
beinge so precisely forbidden by them he did relinquish it, rather
puttinge himselfe vppon the Companies noblenes, And for the per-
formance of his place that mr Geo: Sandys had vndertaken it out of
his loue to him; and further that his cominge ouer [66] was in parte
for the better Informac̃on of the Counsell, of the State of the Colony:
As for the last thinge it was generally adiudged to be a verie smale
recompence for so great dam̃age and that the Companie should haue
a verie great bargaine of it to satisfie proporc̃onably all the like
in this necessitous time of the Companie it was thought fitt to reserue
the matter of absolutely giuinge it to the iudgment of a Quarter Court;
After full and certen knowledge of the perticulers in question and
doubt; But that yet in the meane while for the accomodatinge of mr
Dauison in his present vrgent occasions beinge to carry ouer his wife
with him to Virginia, the said 50li offered by mr Weston to be lent,
Should be accepted and the Companies Seale giuen for the payment
of it at a yeares day And that the said 50li should be paid to mr Secrẽ
Dauison, he giuinge his Bond to repaye it to the Companie in Ianuary
i623.
| The records of the Virginia Company of London | |