University of Virginia Library

A Preparatiue Court held for Virginia on Monday in yE Afternoone the 12th of May 1623.

Present

       

Right honoble	Lo: Cauendish.	Sr Edw: Sandis.
	Lo: Pagett.	Sr Iohn Dãuers.
	Lo: D'Lawarr.	Sr Walter Earle.
	Sr Ed: Sackuill.	Sr Ro: Killegrue.

                                         

mr Gibbs.	mr Bootbby.	mr Masterson.
mr Nicho: fferrar Dpt.	mr Copland.	mr Rider.
mr Aldr̃an Iohnson.	mr Balmford.	mr Sheppard.
mr Zouch.	mr Moore.	mr Ley.
mr Bing.	mr Seldon Mr Woodall.	mr Ewens.
Cap: Haruy.	mr Barker.	mr Collett ∥Couell.∥
mr Iohn fferrar.	mr Bickly.	mr Newland.
mr Palavicine.	mr Viner.	mr Robertℯ.
mr Bromfield.	mr Sherroe.	Cap: Bargraue.
mr Risely ∥mr Rawleigh.∥	mr Widdowes.	mr Barkly.
Doctor Anthony.	mr Woodall.	mr ffancott.
mr Tomlins.	mr Swinhoe.	Cap: Io: Smith.
mr Scott.	mr Newport.	mr Webb.
mr Withers.	mr Etheridge.	mr Cuff.
mr Barbor.	mr Palmer.	mr Edwardℯ.
mr Downes.	mr Hobbs.	mr ffelgate.
mr Caswell.	mr Moorewood.	with diuers others.
mr Bland.
mr Wheatley.
mr Moorer.
mr Leauer.

The Court held the Seauenth of this Moneth was now read whereat mr
Aldr̃an Iohnson tooke excepc̃on, saying, that the wordℯ sett downe as
spoken by ye Lo: Cauendish in his Lops report touching his petic̃on,
namely that he deliuered to his Matie (a verie bitter and greivous
Petition) were not spoken but putt in by ye Secretary. But the Lo: Cau-
endish himselfe said, he very well remembred he vsed those wordℯ,
and diuers also of ye Court remembred his Lop spake them. Where-
vpon the Court being putt to ye question, It was by a generall erecc̃on
of handℯ (saue ffiue only) approued to be rightly sett downe.

The Lo: Cauendish acquaynted the Company, that whereas ye Court
held ye Nyneteenth of ffebruary Last, did recomend to a select
Comittee the drawing vp into the ∥a∥ forme of lawes certaine orders
then made touchings Mens admission to haue Voicℯ in the Courtℯ, as also
concerning the nominac̃on of Comittees for perticuler businesses; the Comittees hauing mett, had drawne vp ye said Lawes & presented

them to the Counsell; who approuing of them, desired they might be
brought to this Court according to the Lawe; Wherevpon was read
this Lawe following,

An order touching ye admitting of men to haue Voice in Court.

To auoid the bringing in hereafter of disorderly and vnworthy [303]
persons to haue Voice in Court, It is ordered, that noe man shalbe
admitted into the Courts, but in this manner, first his name shalbe
openly proposed in some Court, that ye Company may take notice or
consider of him or make such enquiry as they shall thinke fitt; Then
afterward in ye next or any other Court (if be noe iust excepc̃on be
taken to him, other orders of ye Company being also obserued, he may
be admitted; If excepc̃on be taken, the same shalbe tryed by the same
or some other Court; If ye party appeale it shalbe tryed in a Quarter
Court.

Wch order after Long and mature debate, being putt to ye question
was by a generall erecc̃on of handℯ (onely ffiue handℯ excepted)
approued of and ordered to be recom̃ended to the Quarter Court for
a full confirmac̃on to stand as a Lawe and order of the Company.

And whereas it was moued herevpon, that the like caution might be
taken of those, that were admitted to be of ye Counsell; It was held
to be a most necessary Proposition, and fitt to be hereafter taken into
considerac̃on, though now it could not be passed by reason of ye neere
approach of ye Quarter Court.

Next were read the orders touching the naming of Extraordinary
Comittees, viztt.

Orders touching the naming of extraord: Comittees.

To auoid all confusion in naming of Comittees extraordinary, It is
ordered that noe one man may name aboue one Comittee, except the
Treasuror who may name two and ye Deputy in his absence; yet noe

man shalbe permitted to name any Comittee, if ye matter comitted
concerne himselfe. If exception be taken to any person soe named, it
shalbe decided by question in ye Court.

But if ye matter comitted be of great importance, the Court shall pro-
ceed in this manner; The nomber of Comittees shalbe first agreed on
by ye one Court, the one halfe shalbe first named by the Treasuror,
Deputy and Counsell, and the other halfe by the Gennerality, obseru-
ing ye order last before.

Wch orders being read and debated, & the first order altered in some
wordℯ as may appeare & soe being putt to ye question, was by a gen-
erall ereccon of handℯ (noe one dissenting) approued and referred (as
ye former) to the Quarter Court to be confirmed to stand as a Lawe &
order of ye Company.

Sr Iohn Dauers presented vnto this Court the Account of the Earle of
Southampton for ye yeare Last past; signifying that the Auditors
had exactly examined the same, & testifyed their approbac̃on thereof
vnder their handℯ; finding it to be soe duly & orderly kept, as could
possibly be desired. [304]

Mr Deputy likewise presented his Accountℯ of mony Laid out, by him
for ye Generall Company, audited and approued of both by the Audi-
tors and Comittees; whose report therevpon he read being as follow-
eth, viztt[155]

Mr Deputy signifyed, that whereas the Last yeare mr Iohn fferrar
gaue vp his place of Deputishipp, he stood engaged for ye Company
for neere ye some of 1400li as appeared by the Auditors & Bookekeep-
ers testimony and Certificate, for wch the Company were pleased to
giue him their Com̃on seale to pay ∥him∥ and secure him; That since
that time the most of those debts were discharged and there remayned
due to mr Iohn fferrar only 320li for monyes taken vp by him at inter-
est, wch the Auditors testifyed vnder their handℯ in manner following
viztt.

ffor the repayment whereof as also of those other debtℯ, that were yet
owing vpon ye vndertaking of these last ffoure yeares, mr Deputy said,
that he did expect and assure himselfe, that by the goodℯ that should

be returned this yeare from Virginia, and [305] some other debtℯ due
vnto ye Company, all might be discharged wth some surplus; So that
he well hoped the Company should not be left more in debt, then they
should be able speedily to pay.

As for the security and indempnity of mr Iohn fferrar for the mony
for wch he stood bound, the Auditors presented the draft of a security.
Wch being read was well approued, and ordered to be engrossed &
passed in ye Quarter Court, being as followeth (viztt)[156]

Sr Edwin Sandis signifyed, that at the end of his yeare ∥of∥ being
Treasuror, he presented his Account for that yeare, audited and
approued of. And whereas he continued afterward still their Treas-
uror, till the end of Midsomer terme following, he had likewise per-
fected the remayne of his Account for that tyme, and being allowed
by the Auditors; he presented the same heretofore vnto ye Court, wch
hath since Layen open at euery Court and noe excepc̃on taken thereat;
He therefore moued that according to ye orders of ye Company, he
might haue his Quietus est this next Quarter Court. Which the Court
generally held fitt should be graunted, and ordered the same to be
giuen him accordingly.

It was Likewise thought fitt & ordered, that for ye Two yeares formerly
past, the Earle of Southampton should haue his Quietus est; [306]
but for this Last yeare, it should be respited till the next terme, because
the Account was to lye open at each Court, betweene this and then,
by the orders of the Company, for any man to pervse and take excep-
c̃on if any error could be found.

Vpon moc̃on it was Likewise thought fitt & ordered, that mr Iohn
fferrar according to order should haue his Quietus est this next Quarter
Court, his Accountℯ being long since audited & approued of, & often
brought vnto ye Court to be pervsed.

Sr Iohn Dãuers moued, that whereas one mr Okely Secrẽ to ye Lo:
Keeper hath taken much paynes in dispatching diuers L̃res, that his
Lord was pleased to write at the Companies request vnto certen per-
sons indebted to ye Company, being ready still to doe the Company that
seruice; that therefore some gratificac̃on might be giuen him for his
paynes. Which moc̃on the Court thought very fitting & promised
considerac̃on should be had thereof, assoone as mony came into ye
Companies Cashe.

The Lord Cauendish moued, that whereas mr Newton hath taken
much paynes in warning the Courtℯ euer since mr Carter Left the
place, he might therefore be proposed at this next Quarter Court for
ye Beadles place for this yeare ensuing; wch the Court generally agreed
vnto.

Mr Deputy acquaynted the Court, that Wedensday next was the vsuall
day of elecc̃on, and in reguard the Earle of South̴tons three yeares
were expired, they should doe well to take to their considerac̃on the
choice of some Noble & worthy person to succeed him; wherevpon
diuers named the Lo: Cauendish, and diuers others named ye Lo:
Pagett.

The Court taking into their considerac̃on the offer of ye Lord Treas-
uror touching the ffarming of the Spanish Tobacco (about wch they
were now to come to some speedy resoluc̃on) & finding the same could
not otherwise be vndertaken, but by priuate Aduenturers (the Com-
pany hauing noe Stock) After a serious debate and consultac̃on
herevpon, it was at length[157] agreed & ordered, that to giue a begining
to this busines, a Preamble should be forthwith drawne by a Comittee
appointed by this Court, whereby to invite men to an vnderwriting
towardℯ a Ioint stock, vpon such condic̃ons as ye said Comittee should
thinke fitt. And touching the yearely rent of 6000li demaunded for
this farme of Spanish Tobacco, it was thought fitt to respite the con-
cluding hereof, vntill they had tryed to what some they could bring
the Roll Vnto, and then the Vndertakers to treat wth ye Lo: Treasuror
[307] about it, & driue their owne bargaine as good cheape as they
cann; ffor drawing vp the aforesayd Preamble, the Court appointed

           

mr Gibbs	mr Wolstenholme
mr Bennett	mr Bland
mr Withers	mr Scott
mr Barbor	mr Ditchfield
mr Caning	mr Palmer
mr Moorer

to meete too morrow morning about it.

The Lo: Cauendish acquaynted the Company, that whereas at their
being before ye ll͠s on ffriday last, they were appointed to attend their
Lops vpon ye next ffriday; he had this day receaued another warning,
that they are to attend them too morrowe in ye Afternoone: Where-
fore he wished the Company to take notice hereof, and not to faile to
be there about Two of ye Clock & to meete together in ye Stone
Gallery.

Mr Iohn Newport moued, that whereas his father Capt Christopher
Newport had vnder the seale of ye Counsell ffoure hundred pounds
allowed him for his Aduenture in Shares of Land to ye nomber of
Thirty two shares, that the said shares might be confirmed vnto him,
being his only sonne and heire, as also such Personall shares as are
due vnto him for ye transport of men heretofore, or that hereafter he
shall transport at his owne charge. Wch request the Court hath
graunted vnto him: and to this purpose there being a draft of a Pat-
tent presented & read; the same was approued and ordered to be
engrossed against the Quarter Court.

Sr Iohn Dauers propounded the admission of ye Lo: Bruice into the
Company and Counsell, who had of late shewed a great good affecc̃on
to ye busines of ye Plantac̃on & Company. Wch ye Court very willingly
consented vnto, & ordered to be recomended to ye Quarter Court.

It was Likewise moued that mr Tomlins & mr White, being Gentle-
men that had with Long & continuall dilligence attended the Courtℯ
might then also be proposed to be admitted of ye Counsell.

Mr Deputy propounded ye passing of Ten shares to one mr Iohn Burgh
from Peter Humble the sonne & heire of Richard Humble deceased,
who had Eight shares by his owne Aduenture & two others as Execu-
tor to his Sister the wife of Raple Harrison deceased, whose Executrix
shee was, they bothe dying issueles, & ye said Richard Humble being
ye imediate heire.

Mr Deputy likewise propounded ye passing of One share from mr Bland
to mr Robert Edwardℯ. [308]