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At a Præparatiue Court held for Virginia on Monday the 18th of Nouemb i622
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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124

At a Præparatiue Court held
for Virginia on Monday
the 18th of Nouemb
i622

                                 
Lo Cauendish. 
Lo Padgett. 
Sr Ed: Sackuill.  mr Barbor mr Webbe. 
Sr Edwin Sandys.  mr Roberteℯ.  mr Cuffe. 
Sr Io: Brooke.  mr Morewood.  Capt: Martin. 
Sr Ro: Killigrewe.  mr Mellinge.  mr Baldwin. 
Sr Sam: Sandys.  mr Caswell.  mr Geo: Smith. 
mr Deputy ffarrar.  mr Bromefeild.  mr ffoxten. 
mr Gibbs.  Capt: Bargraue.  mr Balmeford. 
mr Wrote.  mr Meuerell.  mr Thomas. 
mr Io: ffarrar.  mr Boothby.  mr Barbor
mr Binge.  mr Iadwin.  mr Swinhow. 
mr Challonr mr Wood.  mr Hobbs. 
mr Bennett.  mr Bolton. 
mr Newport.  mr Procter. 
mr Pruson. 
with diuers others. 

The Court beinge cheifely ordained for preparinge of buissines for the
Quarter Court to consider of there was first read the opinions of the
Com̃ittee sette downe in writinge touchinge the Registringe of Pas-
sengers names that goe to Virginia in priuate Shipps the Coppie
whereof doth here ensue

The Committees fynde that there are very greate inconveniencys for want of
a perfect Register of all mens names that goe to Virginia: ffirst the Companie
knoweth not what land is Due to men and euery Day vniust and false claimes
are put vp especially vpon pretences of beinge heires to persons that haue and
do transport thenselues freely.


125

Secondly ∥when∥ a reveiwe shalbe made in Virginia howe all men are possessed
of their landeℯ wch wilbe most necessarie to be donn in reguard of the great
Disorder ∥and lycentiousnes∥ wch men there vse in takinge out land and not due
to them it wilbe a matter of great trouble to all private Planters that come ∥not∥
in the Companies Shipps to proue that they came ouer at their owne charges,
and except they do, that it wilbe verie dangerous and vnsafe to the Companie
to make confirmac̃on of landeℯ to them wch p̱happs others haue better right vnto.

Thirdly it is a thinge of marveylous great satisfacc̃on to all men whose frends
goe to Virginia to vnderstand when and howe they went: and the contrary is
of exceedinge discontent and greife diuers p̱sons cominge daylie from the far-
thest parteℯ of England to enquire of frends and Kindred gonn to Virginia &
because there is onely notice kep of them that goe in the Shipps vndertaken
by the Companie there can be no Account giuen of the others whereby ariseth
likewise a great disreputac̃on of ye Companie for want of iudgement and proui-
dence in their proceedingeℯ. [78]

ffourthly the aduantage of an vncontrolled goeinge doth invite many lewd and
wicked persons to robbe and steale from their frends Maisters Cr as hath bin
founde by some examples in those Shipps wch the Company did not vndertake
verie much to the disreputac̃on of the Acc̃on and on the contrary no such
thinge hath happned in those Shipps, that are sett forth by the Companie
wicked and infamous persons not daring to shewe themselues so much in the
light and yet on the contrary, it hath not bin any hinderance to any honest
minded persons who oppressed with pouerty and Debteℯ haue of necessity and
not wickedly bin constrained to goe.

ffor the redressinge of these and many other great inconveniences: The Com̃it-
tees conceaue these remeadies.

ffirst that it should be published and made knowne by a lawe and order that all
persons Desirous to goe to Virginia should giue vp their names to the Comp-
anie and that no Maisters of Shipps should presume to carry any without
giuinge vp the name of the person to the Companie.

Secondly that for the receauinge of Passengers names there should be a per-
ticuler Officer appointed wch they conceaue fittest to be ye Bookeeper who
should towardeℯ the goeinge of euery Shippe attend two or three dayes in the
weeke at the howse where the Courteℯ are kept to receaue the names of all such
persons as are to goe to Virginia.

The said Officer shall in a booke booke register euery mans name age Coun-
try profession and kindred and likewise whither he goe at his owne charge
or other, ffor doeinge whereof he shall haue from the party such a ffee as the


126

Quarter Courteℯ shall from time to time order him; And it beinge a smale
matter, it cannot but be gladly giuen of the party in reguard that it wilbe his
evidence for the settinge out of his land in Virginia.

The said Officer shall by euery Shippinge send a Coppie of all the p̱sons names
as formerly registred vnto the Gouernor and Counsell of State and from
them shalbe yearely returned an Account what and howe the p̱sons come in
euery Shippe haue bin disposed and bestowed, to the intent that their frendeℯ
here vpon enquiry may receaue satisfacc̃on.

The said Officer shall not reveale afore the Shippe be gonne the names of any
Passenger who shall desire to haue his name kept secrett, except that he
knowe him to be a malefactor, vnworthy to goe, and if any shall come to
enquire of any such person desiring to be kept secret the said Officer shall
demaund of those that enquire the reason of their enquiry and shall therewith
acquaint the Treasuror and followe such Direcc̃ons as he shall receaue from
him either for the manifestinge or concealinge of the party.

ffor the Shipps that goe not from London but from other parteℯ they thinke
fitt, the mr should be bound by his Com̃ission to returne vnto ye officer here at
London a list of the names as is formerly expressed to be registred here in
the Companies booke together with the ffee for the same, neither shall they
require therefore but one single fee.

Wch orders beinge read were well liked of and referred to the Quartr
Court for confirmac̃on. [79]

Sr Edward Sackuill acquainted the Court that Captaine Martin had
made greiuous complainte vnto him, that the newe Patent vpon the
resignac̃on of his old ordered to be drawne was with such condic̃ons,
as he was not able to p̱forme, and verie much to his wronge and pre-
iudice beinge abridged of a great quantitie of land that was due vnto
him, and namely that therein he was bound to carrie 100 men, wch he
could haue no hope to doe by reason of his weake estate: To wch
Answeare was made that there was not intended a forfeiture of his
Patent if that condic̃on were not performed to the full, but onely a
quantity of land proporc̃onable to the number of men wch he should
carry.

ffor the second pointe Captaine Martin pretended he was cut short
and abridged of a great deale of land giuen him by his former Patent


127

wch beinge called for and read it was found to be an vniust and vntrue
complaint for all the land giuen him in the former was also giuen him
in this newe Patent, But Capt: Martin pretended that whereas in the
first Patent there was giuen vnto him 10 Shares for the reward of his
great Seruices, as is there expressed, That euery one of those Shares
ought to be 500 acres of land and so there was due vnto him 5000
acres vpon that ground, for wch he desired that the Spott of land (as
he called it) wherein he formerly planted beinge about 6000 acres of
ground should be sett out vnto him: But the Court hauinge neuer
heard before of any such matter, and findinge it directly by the Kings
Letters Patents, that a share should not be aboue 100 acres, would not
consent vnto Capt: Martins Demaund, As for giuinge him any land by
waye of gratuity havinge bin once recompenced to the full by the
iudgement of his best frendeℯ (as by his Patent appeareth,) the Court
sawe no reasons to bestowe any newe fauors in this kinde vpon him,
consideringe that since that time he had donne nothinge of seruice to
the Colony of Virginia and here at home, had of late so wronged the
Company, as but that the Companie had a respect to their owne honor
in nobly passinge ouer iniuries, and so to some p̱sons of honor who
did interceed for him here, but they should haue thought and endeau-
oured to haue him punished and made an example: But yet he per-
sistinge in his opinion, the Court gaue him time till the Quarter to
make proufe that there was euer any such thinge ordered as that a
single share should be accounted 500 acres. [80]

Sr Edwin Sandys signified that the Ea: of Southampton and himselfe
had lately bin with my Lo Treasuror, to moue his lp: that the Con-
tract intended with the Kinge might be brought to some conclusion
at this Quarter Court: Wherevpon it pleased his lp: to promise to
send the Articles as they had bin formerly agreed on and signed with
his hand and with the addic̃on onely of that Clause touchinge the
bringinge in of virinaes, so that Sr Edwin Said he expected they would
be brought in before the risinge of this Court.

Wherevpon mr Deputy tooke occasion to moue that seeinge the bar-
gaine was so like to goe forward accordinge to the condic̃ons agreed
on by both Companies that it was high time to thinke of the man-


128

aginge and ordered thereof, in reguard ∥that∥ all the Tobacco from
the Sum̃er Ilandeℯ and a great quantitie from Virginia was like to come
home before the next Quarter Court, and for taking order for bring-
inge home of the Spanish Tobacco, it was not without great preiudice
alreadie so longe delayed as had bin signified vnto him by diuers skill-
full Marchaunteℯ, wch mr Bennett beinge in the Court did likewise
affirme.

ffor the takinge therefore of these thingeℯ into ∥their∥ considerac̃on and
ye makinge some kinde of preparac̃on against the Quarter Court, The
Court appointed ∥acquainted∥ the Com̃ittee hereafter chosen out of the
Companies the 5o Iunij last vizt

                                         
Ea: of Southampton. 
Sr Io: Brooke. 
Sr Edwin Sandys. 
for the Virginia Companie  Sr Iohn Dauers. 
mr Nicho: ffarrar Dpt̃. 
mr Bennett. 
mr Io: Smith. 
mr Ro: Smith. 
Lo Cauendish. 
mr Barnard ye elect Gou9nor
for the Sumer Ilandeℯ Companie  mr Io ffarrar Dpt̃. 
mr Caswell Tr̃er. 
mr Gibbs. 
mr Ditchfeild. 
Lo: Padgett. 
Lo: Haughton. 
vnto whome were added by this
Courte 
mr Wrote. 
mr Sheppard. 
mr Mellinge. 
mr mr Meuerell. 
mr Withers. [81


129

who were entreated to meet about it to morrowe in the morninge after-
noon ∥at 3 of the clock∥ at mr Deputy ffarrars howse and afterward
at such time as they shall thinke most convenient, And the Court
further declared their mindeℯ and intenteℯ that since they could not
(wch they much desired) avoide the bringinge in of Spanish Tobacco
and that of the best Varinaes they thought it fitt both for the publique
good of the Plantac̃ons and Companie, and also in reguard it was likely
to be a matter of p̳fitt that it should be p̱formed, by the Brothers of
the Companie (who with their paines and purses haue vpheld the
Plantac̃on) and not to admitt any Strangers into it (whereof it was
conceaued many would be verie desirous) except such as should buy
any fower shares of land of the Companie of 12li 10 the Share, a
course ∥wch∥ vpon wch the like occasion was held for the admittinge
men into the Sum̃er Ilandeℯ Companie, these thingeℯ beinge put to the
question were by erecc̃on of handeℯ confirmed.

After this was read the orders of the former Com̃ittee touchinge the
Registringe of Contracteℯ between priuate men of the Company and
their Servanteℯ the Coppie whereof doth here ensue.

The Committees fynde many greate inconveniencieℯ and Abuses in the Carri-
ing over of Servanteℯ to Virginia vpon condic̃ons and bargaines made by worde
of mouth onely.

ffirst diuers vngodly people that haue onely respect of their owne proffitt do
allure and entice younge and simple people to be at the whole charge of trans-
portinge themselues and yet for diuers yeares to binde themselues Servanteℯ to
them vpon hopes and promises of such rewards and recompence at the expira-
c̃on of their times as they are no waye able to performe, but because the
promise is onely made by worde of mouth and without wittnesse; at least of
any that do vnderstand the affaires of the Plantation they are bold to promise
many things whatsoeuer and in this kinde Diuers complainteℯ haue come of late
of ffathers and others abused in settinge forth his Children and Kindred.

Secondly there comes Daylie complainteℯ from Virginia of people that are kept
and Detained Servanteℯ by their Maisters, longer then the time couenanted wch
because it was not expressed nor manifested by writinge the Maister as the
stronger party takeℯ advantage to prolong as himselfe thinkeℯ good.


130

Thirdly whatsoeuer the condic̃ons haue bin here yet when the Servant is come
into Virginia if he cannot shewe the contrary in writinge the Maister makeℯ
his seruice of the longest and hardest nature of seruice and either by faire or
fowle meanes the poore seruant is enticed or constrained there to enter coue-
nanteℯ in writinge, & those such as he would haue here neuer haue yelded vnto,
and in this respect diuers Planters do pollitiquely forbeare from makinge
Couenanteℯ here and reserues it to be Donn in Virginia.

And on the contrary as by this meanes the Servanteℯ are oppressed by those
Planters that carry them ouer: So likewise the Aduenturers here that send
ouer Servanteℯ either without condic̃ons in writinge as many do, or vpon con-
dic̃ons drawne by ordinary Scriueners who not vnderstandinge the different
nature of seruice there and here make confused and p̱plexed Couenanteℯ and
nothinge at all expressing [82] the true meaninge of the party wronged and
abused by the Servant sent ouer, who either pretend their time of seruice to
be shorter then indeed it is, or eleℯ challenge greater reward and wages then
was promised and generally Dem̃aund all such benifitteℯ as the most aduantage-
able condic̃ons of seruice that they can heare of enioyeth although there was
noe such thinge intended in their Contracts.

Nowe for the full redresse of these abuses and for preventinge and avoyding
that neither Servanteℯ be oppressed by vniust Maisters there nor Servants
§Maisters§ here wronged and abused by faithles servanteℯ there and to the
intent that all thingeℯ beinge clearely and plainely expressed, iustice and right
may be had and performed on both parteℯ: The Comittees Do thinke it fitt that
there should be lawe and order made that all men that shall send or carry
Servanteℯ or Tenanteℯ to Virginia should binde the said Tenanteℯ or Servanteℯ
vnto them by Couenanteℯ in writinge and that Coppies thereof should remayne
here in the Court.

To wch intent they thinke fitt the Companie should make choise of some man
expert of these affaires of the Plantation and nature of the Acc̃on who should
Drawe and engrosse all such Couenanteℯ accordinge to the heads presented vnto
him, and should see the sealinge and Deliuery of ye Couenanteℯ by either party
and this Officer should send Coppies of all such Couenanteℯ[37] to Virginia by
euery Shippe that goeth wch should there by some Officer to that purpose
chosen be kept safe and orderly to the intent that vpon complaint of wronge
either §by§ Mr or Servant right and Iustice might be donn to the party
greiued.

They thinke fitt likewise that the Com̃ittee appointed for petic̃ons should at
some certaine times consider and pervse these kinde of Contracts to ye intent
that if they shall finde any of vniust and vnchristian nature as oppressiue or


131

otherwise they may be dissanulled and made voide. They thinke likewise in
fauor and encouragement of poore people that goe Servanteℯ that such wages
and rewardeℯ as are promised them at the expirac̃on of their seruice should be
paid and Discharged by their Maisters to the full and that they should haue a
precedency of all other Debteℯ whatsoeuer except those that are due vnto the
generall Companie.

They thinke fitt that the Officer for his Draweinge of these Contracts should
haue a reasonable fee proporconable to that wch is paid here in London for
Contracts of the like kinde.

They conceaue that this cannot be any way greiuous vnto any man for the
thinge it self is of absolute necessity that the Couenanteℯ & condic̃ons should be
expressed in writing & exceedinge benificiall to all that meane honestly and
that the Drawinge of them should be by an Officer chosen by the Companie
and not by any other, is the practise of all other Companies and Societies, and
in the Virginia Companie so much more necessarily to be practised by howe
much more it is their Duety to endeauor that all ye affaires and acc̃ons of the
Colony in Virginia should haue a dependancy vpon the Companie here and
thereby they may be more closely cymented vnto this State, and besideℯ it
seemeth vnto ye Comittees a verie fitt ∥that all∥ euidence pledable in Virginia
should either originally or at least by Attestac̃on be made Records of this
Court.

Wch beinge read the Court did well like of referringe the confirmac̃on ∥ratification∥ of them, as also the appointinge of fitt Officers for this
buissines vnto the Quarter Court. [83]

 
[37]

Written over the word "Contracteℯ."