University of Virginia Library

At a Court held for Virginia the
23th of October i622

Present

     

the Right Honoble	Lo: Cauendish.
	Sr Phill: Carey	knightℯ.
	Sr Io: Dauers

                       

mr Nich ffarrar Dpt̃.	mr Darnelly.	mr ffogge.
mr Gibbs.	mr Palmer.	mr Caswell.
mr Wrote.	mr Bennett.	mr Robertℯ.
mr Wilmer.	mr Copland.	mr Parker.
mr Binge.	mr Balmeford.	mr Cooke.
mr Io: ffarrar.	mr Mellinge.	mr Swinhowe.
mr Ro: Smith.	mr Cuffe.	mr Newport.
mr Berblocke.	mr Withers.	mr Sparrowe.
mr Geo: Smith.	mr Bland.	mr Ditchfeild.
mr Bull.	mr Peirs.	mr Wheat.
	mr Sheppard.	mr Rogers.
		with diuers others.

After the readinge of the former Court, a great part whereof con-
sisted in the Answeares of many petic̃ons that had bin presented, mr
Deputy signified vnto the Court, that this manner of settinge downe

the Som̃s of the petic̃ons and of the Courtℯ Answeares was a thinge
of very great Trouble to the Secretary and himselfe, and many times
perhapps neither the true meaninge of the Peticonr, nor of the
Answeare, was so fully and plainely expressed as was fitt and requi-
site, and therefore many times occasion of doeinge wronge might be
ministred: Wherevpon he offered to the considerac̃on of the Court,
that the very petic̃ons themselues [67] should be registred and
entred either in the Court bookℯ or some perticuler booke for that
purpose, and that the answeare of euery petic̃on might be drawne vpp
while the Court sat and read, wch would be a safe course both for the
Companie and Petic̃oners and likewise for the Deputy and Secretary,
and this Course he thought the more necessarie in reguard the greatest
part of the Petitions put vp to the Companie do not admitt the
reveiwe and examinac̃on ∥approbac̃on∥ of a second Court, but vpon
the orderinge and §the§ execuc̃on doth im̃ediately followe, as all the
petic̃ons read in the former Court and there ordered were the next
day sent to Virginia whereby if there had been error in mistakinge
the Companies meaninge it could not be remedied.

Hee desired them farther likewise to take into their considerac̃on
howe the multitude of Petic̃ons daylie encreased, So that the Courtℯ
had not time nor leasure to order them wherevpon himselfe was con-
tinually troubled with the importunity of Petic̃oners for not receau-
inge speedie satisfacc̃on as they did desire; wch did exceedingly molest
him, and some of them did much clamor of the Companie: ffor redresse
whereof, as also for the equall administrac̃on of Iustice and fauor vnto
all, (wch he knewe to be the Companies principall intent) he desired
that they would take into their considerac̃on what course and order
should be held for the receauinge of Petic̃ons for the informinge the
Court of the p̱ticularities of them and for the answearinge of them:
Concerninge all wch pointℯ and the former, he and some of the Coun-
sell (wth whome he had conferred thereabout) conceaued that there
might be so good and orderly a course sett downe as should much
tend to the ease of the Court in expediting of petic̃ones and to the
speedie reliefe and satisfacc̃on of all due Complaynantℯ and iust Peti-
c̃ons: The Court hauinge debated these pointℯ and findinge them

verie waightie, and that it was most expedient to take some course
therein did thinke fitt to referr the considerac̃on of them and all other
matters incident to Petic̃ons vnto a select Com̃ittee which were then
named (vizt)

         

mr Gibbs.	mr Ro: Smith.
mr Wrote.	mr Berblocke.
mr Binge.	mr Caswell.
The two Deputies.	&
mr Io: Smith.	mr Mellinge.

who are entreated to meete at mr Deputy fferrars howse on Monday
in the Afternoon the 28th of this present Month and there to consult
and aduise concerninge the pointℯ formerly menc̃oned and all other
p̱ticulers belonginge to the matter of petic̃ons and to sett downe their
opinions and iudgementℯ thereof and to bringe the same in writinge
to the next Court.

Mr Deputy further acquainted the Court that diuers of the Counsell
and Companie had of late obserued some er̃ors and defaultℯ in the
transportinge of persons and goodℯ, wch if there were not some timely
remedy for preuention [68] would both breed much wronge to the private Planters that goe ouer, and hereafter great trouble and vexac̃on
to this Court: The pointℯ were three: ffirst that diuers Shipps nowe
goeinge daylie (aswell from London as other partℯ,) without any fur-
ther Referrence to the Companie then a Comission from them, there
was no Note or Register kept of the names of the persons transported,
whereby himselfe and the other officers were not able to giue any
satisfacc̃on to the persons, that did daylie and howerly enquire after
their frendℯ gon to Virginia, to the great discontent of people here,
and that this likewise would proue a thinge of great trouble and
molestac̃on to the Court when after the expirac̃on of i624, either the
persons themselues transported or their heires should come to clame
their diuisions of landℯ, the Companie hauinge no ground to knowe,
what or why any thinge should be due vnto them but their owne
wordes: The second pointe was that many times the Passengers
shippinge their goodℯ themselues and through ignorance and want of

vnderstandinge in such affaires, not takinge that course as they ought,
though their goodℯ were imbeaselled by the Marriners in the waye
∥yet∥ they could come to no right, wantinge sufficient proufe of the
deliuery of them abourd the Mr; and if any priuate man hapned to
dye, all his goodes were presently imbeazelled and as it were confis-
cated by the Marriners, that afterward his friendℯ could neuer come
to recouer any of them, nor tell wch waye to goe about it, There
beinge no publique euidence of the receauinge of the said goodℯ abourd,
and if there were any priuate they perished with the Party himselfe;
The third thinge was the prouidinge by some fitt course that the Cou-
enantℯ between Mrs and Servantℯ might be respectiuely p̱formed, to
the full, that neither oppression nor fraude might be exercised by the
one or other: In both wch kindℯ, there were many complaintℯ both of
Mr and Servantℯ wch were daylie like to encrease and as the Plantac̃on
did augment and especially the wrongℯ of Servantℯ, It beinge obserued
here that diuers old Planters and others did allure and beguile diuers
younge p̱sons and others (ignorant and vnskillfull in such matters) to
serue them vpon intollerable and vnchristianlike condic̃ons vpon
promises of such rewardℯ and recompence, as they were no wayes
able to performe nor euer meant: These three headℯ beinge discussed
by the Court, were conceaued to be very waightie and were therefore
referred to the considerac̃on of the former Com̃ittee.

And likewise vpon remonstrance by some other what inconveniences
did arise in Virginia for want of a sett and orderly course for the
prouing of Willℯ and Testamentℯ and other thingℯ thereto belonginge,
the former Com̃ittee were likewise desired to take that buissines into
their considerac̃ons and to deliuer their opinions and iudgementℯ
therein to the next Court in writinge of all the premisses. [69]

The Court hath likewise referred the perticular greiuance of Tho:
Goldsmith touchinge his Sonne Arthur detayned by Sr Geo: Yeardley
as his Tenant, to the examinac̃on of the said Com̃ittee, who are duely
to informe themselues and consider of each perticuler circumstance
and to certifie howe they finde it together with their opinions what
they thinke fitt to be donne therein.

Mr Deputy signified vnto the Companie, it was not vnknowne vnto
them, that amongst the many worthie Guiftℯ bestowed on the Plan-
tac̃on there was the last yeare giuen, by a person refusinge as yet to
be named 40s p̱ Añu for euer (and therevpon an order established) for
a Sermon to be preached before the Virginia Companie euery Mich̴as
Terme on Wedensday fortnight before the last Wedensday in the said
Terme, Hee therefore moued to knowe their pleasure whome they
would entreat to preach the said Sermon; Wherevpon some propos-
inge the Dean of Paules, the Court without naminge any other, did
verie much desire he might be entreated therevnto, hopinge he would
please vpon their generall request signified vnto him, to vnder ke the
paines and the rather for that he was a Brother of this Companie and
of their Counsell In confidence whereof the Court praid

   

Sr Io: Dauers	mr Binge &
Sr Phil: Carey	mr Deputy

to solicite him earnestly herevnto in the name of the Companie; wch
they promised to performe, and for the place where the Sermon is to
be preached. The Court haue made choise of St Michaellℯ Church
in Cornehill as the most convenient: After wch Serm̃on ended, it is
also thought fitt and agreed the Custome they beguñ the last yeare
shalbe continued namely to suppe together, and for that cause haue
entreated mr Caswell and mr Mellinge (who last time so well p̱formed
it to all the Companies content) beinge assisted with mr Bennett and
mr Rider to be Stewardℯ this yeare also, for prouidinge and orderinge of
the Supper and buissines therevnto belonging and of the place where
it shalbe kept, and accordingly to giue notice thereof vnto all the
Companie by sendinge the Officer with Tickettℯ that are to be printed
for this purpose, notifyinge the time and place and what each man is
to paye, wch is nowe agreed shalbe iijs a peece as findinge by the last
yeares experience it cannot be lesse to beare out the full charge: And
for that at such great feastℯ Venizon is esteemed to bee a most neces-
sary Complement, the Court hath thought fitt that letters be addressed
in the name of the Company vnto such Noblemen and Gentlemen as
are of this Society to request this fauor at their handℯ and withall
their presence at the said Supper.[34] [70]

Mr Deputy acquainted the Companie that whereas they hired hereto-
fore certaine Dutch Carpenters of Hamburrough for makinge of
Saw-millℯ in Virginia whither they beinge sent, died within a short
time after (and onely one returned) beinge §hauing§ effected nothinge
in that buissines, and that notwithstandinge satisfacc̃on hath bin
giuen to the ffull vnto their Wiues, for so longe time as their said
Husbands Liued accordinge to their contractℯ; yet through the insti-
gac̃on and Clamerous reportℯ of him that returned these weomen
were stirred vp to put in suite those English men that had giuen
Security at Hamburrowgh for payment of their said Husbandℯ wages,
demaundinge of them no lesse then their ffull paye as if they had
liued out their times: Insomuch as the said English were cõstrained
(to auoide further trouble and charge of Suite) to agree with them
and vpon a Composic̃on to giue them 27li to surcease their suite, wch
they hoped the Companie here would againe repaye, consideringe it
was for their cause, and therefore had nowe made ouer a Bill of
Exchange to be paide by the Companie; wch the Court taking into
their considerac̃on, although they found of right nothinge to be due
to the said weomen, beinge formerly satisfied, yet seeinge the stand-
inge out in the Suite against them might drawe on a further charge
wch would hardly be recouered againe of the Plts [35] (beinge verie poore)
and consideringe also on the other side what hard measure it were
that the English (wch entred into this Security on the Companies be-
halfe) should be forced to paye this money, did therefore agree and
order that the said Som̃e should be discharged accordinge to their
request vpon the said Bill.

Capt: Hamers Letter was read, relatinge some accidentℯ that had
happned in the Colony since the Massacre, the killinge of certen
Indians, burninge of their Townes, the ioyninge with the Kinge of
Patomecke against Opachankano Cap: Maddison sent vnto him with
30: English, the insolent Answr of Opachankano to the Gouernors
message for restoringe of the captiue English, with the dishonor he
did to the Kings Picture, the resoluc̃on of ye Gouernor and Counsell
at the end of August to make Warre vpon Opachankano, with 500
men, hopinge by Godℯ helpe this winter to cleare the Country of him

and setlinge the Colony in a farr better estate, then it was before,
and that this Massacre will proue much to the speedie aduancemt of
the Colony and much to the benifitt of all those that shall nowe come
thither.

A Comission to mr Newlandℯ Ship called the Plantac̃on beinge to
transport people to Virginia and afterward to make a fishinge voyage
was ordered to be sealed.

Mr Bennett likewise mouinge the Court for two Shipps he intends to
send to Virginia, order was giuen for drawinge vp his Com̃issions
after the vsuall manner and to seale them. [71]