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IUNE IXth 1619 A Quarter Court held for Virginia at Mr Ferrars howse in St Sithes Lane Present
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
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224

IUNE IXth 1619
A Quarter Court held for Virginia at
Mr Ferrars howse in St Sithes Lane Present

   
The Right honoble͠  Henry Earle of Southampton. 
Robert Earle of Warwick. 
                                         
The Lo: Cauendish.  mr Alder. Iohnson.  Capt: Na: Butler. 
The Lo: Pagett.  mr Io: Wroth.  mr Hum: Handford. 
Generall Cecill.  mr Geo: Sandis.  mr Wm Bell. 
mr Treasuror.  mr Morrice Abbott.  mr Rich: Rogers. 
Sr Tho: Smith.  mr Io: Ferrar Dept̃.  mr Antho: Abdy. 
Sr Io: Merrick.  mr Tho: Gibbs.  mr Wm Essington. 
Sr Dudley Digges.  mr Hen: Reignolds.  mr Wm Caninge. 
Sr Io: Dãuers.  mr Rich: Tomlins.  mr George Swinhowe. 
Sr Tho: Gates.  mr George Thorpe.  mr Steward. 
Sr Wm Thrickmorton.  mr ∥Wm∥ Oxenbrigg.  mr fferrar iunior
Sr Nath: Rich.  Dr ffran: Anthony.  mr Ditchfield. 
Sr Antho: Auger.  Dr Gulstone.  mr Hen: Briggs. 
Sr Tho: Cheeke.  Dr ∥Fr Thomas∥ Win-
stone. 
mr Wiseman. 
Sr Io: Sams.  mr George Chambers. 
Sr Io: Wolstenholme.  Capt Samuell Argoll.  mr Wheatly. 
Sr Wm Russell.  Capt Bargraue.  mr Shepherd. 
Sr Tho: Wilford.  Capt Tucker.  mr Cranmer. 
Capt Io: Bingham.  mr Boothby. 
Capt Brewster.  mr Buckeridge. 
Capt Whitner.  mr Berblock. 
mr Wm Palmer etc. 

The standing lawes and orders for the Company being reduced by the
Comittee into an entire body, and by them presented to the Counsell,
who approuing of them, and hauing beene afterward read to the Pre-
paratiue Cort, and now to this greate and generall Cort, not any Lawe
was contradicted saue one, the Chapter of Auditors concerning the old


225

Acco depending in Audite, wch Sr Tho: Smith tooke some excepc̃ons,
that three or fower should now contradict that account, whereof 16
worthy and sufficient men allowed, and the party in Court that writt
the same, who would be deposed vpon his Oath that it was the same
then made and written: And therefore made two requestℯ; first, that
this Account may stand, and the Auditors to proceed from thence, if
noe iust excepc̃ons can be taken against it. And secondly that by
reason of his extraordinary busines, dishabillity in body, and he
because he would be ready to answere to any difficulty, requested, that
the Audite might be kept at his howse, and to goe forward wth the
Acco of the Cashe, wch he onely is ingaged for and noe other; And
what damage appeareth hath beene done to the Company by such
Officers as he trusted he will satisfy to the vttmost: But vpon profes-
sion that the said lawe was not to preiudice or debarr Sr Thomas
Smith from the benefitt of the said old Accompte, they were agreed
to be putt to the question: Wch being done, they were generally con-
firmed by erecc̃on of handℯ.

Afterward vpon the exhibiting of a writing signed by ffower of the
Auditors in answere of Sr Thomas Smiths moc̃on touching the sayd
Account; Sir Thomas Smith vpon pervsall of the said writing and to giue
all men satisfacc̃on, gaue his consent that the present Auditors should pro-
ceed wth his Account from the beginning: And touching the keeping of
[11] the Audite at Sir Thomas Smiths howse being disliked by the
Auditors, and obiected by some of them, that howsoeuer they might
haue vse of Sr Thomas Smith, yet they should[5] have more vse of Sr
Edwin Sandis by reason of his experience therein, whose busines would
not permitt him to come so farr. Wch was answered by Sr Thomas
Smith, that others might be found to haue as much experience in
Accounts, as he, and be more fitter in reguard of his greate busines: Yet
notwthstanding to determine this Controuersy, he would referr him-
selfe to the most voicℯ of the Auditors, whither they would be willing to
meete at his house or not. The moc̃on being well liked, it was ordered,
that the seauen Auditors chosen by the Quarter Court of elecc̃on, and
fower others by a former Court annexed vnto them, and allowed at
this (so that they take their Oaths) namely, mr Morris Abbott,


226

mr Humphrey Handford, mr Antho: Abdie and mr Thomas Kightley
doe assemble vpon Munday morning at Sr Edwin Sandis about the
Accomptℯ, and there to appointe the time and place of meeting, and
to adiourne it from time to time as they shall see cause.

A former Act of Court made 26to die Maij, touching the setting out a
shipp wth one hundred men for the Colledge and publiq̢ Land, was
now agayne propounded by mr Thr̃er: Wch being putt to the question,
receiued the confirmac̃on of the Court; and agreed that the said shipp
should be ready to sett out soone after the middest of July at the fur-
thest, that by the blessing of God they may ariue there by the end of
October, wch is the fittest and seasonablest time for men to doe some
busines.

Captayne Brewsters appeale against Captaine Samuell Argoll touch-
ing his condempnac̃on in Virginia being referred to the hearing of
this Court; and now questioned by the said Captaine Brewster whither
he were Gouernor or noe, imagining that at their Landing he had
receaued his writt of discharge; and if it were so whether he dealt
iustly, proceeding as he did against him in Marshall Lawe, being onely
in case of muteny and rebellion that the same should be executed.
Touching the point whither he were Gouernor or noe, it plainly
appeared by a L̃re sent vnto him (wch the said Captaine Argoll now
produced) signed by some of the Counsell and Company, that at the
Landing of the Lo: Lawarr in Virginia, he should surrender vp his
place; Wch seeing it pleased god to take his L̃ops Life from his mortall
body before he Landed there, this point stood cleere that he remayned
Gouernor, in statu quo prius. ffor the other point whether iustice
were executed in performing his tryall by Marshall Lawe, because the
Court found it more convenient for the busines to be more priuately
handled, it was ordered, that the Counsell should be summoned to
meete to morrow morning at my Lo: of Warwickes house at eight of
the Clock there to decide the business and report to the Court.

This Court taking into considerac̃on the worthynes of some Noblemen
and others now present by giuing their dilligent attendance from time
to time to the benefitt and furtherance of the Plantac̃on, as namely


227

the Right honoble Robt Earle of Warwick, Sr Tho: Cheeke, Sr Nath:
Rich, mr John fferrar deputy and Captaine Nath: Butler haue now [12]
made choice of them to be of his Mats Counsell for Virginia, and each
of them being putt to the question was generally ratified by erecc̃on of
handℯ, and are appointed to ∥attend∥ my Lo: Chamberlaine for the
taking of their Oaths.

The request of diuers of the Generallity to the Tr̃er, Counsell
and Company of Virginia being presented at this Court, touching the
reforming and rectifying of the Magazine busines, was vpon pervsall
allowed of, and being putt to the question ratified by erecc̃on of
handℯ; Wch points are these that followe,

    1.

  • Whereas the Director of the Magazine his Assistants and other
    Officers haue vpon the first elecc̃on continued now in their places
    two yeares and vpwards, They desire, that according to the vse of
    the Officers for the Company they may be chosen anew euery yeare,
    or that the former may be continued in their places by a new elecc̃on
    yearely.
  • 2.

  • Whereas the Officers of the Magazine haue promised out of the
    goodℯ returned from Virginia to make a Devision of one Capitall vnto
    the Adventurers in Aprill last, and haue not yet performed it, nor
    made vp any Accounts to giue the Adventurers satisfacc̃on, They desire
    that they may be required by the Court to performe their promise
    imediately, and to make vp their Accountℯ against the next Court day
    and then present them to the Court; And that the Adventurers may
    then proceed to a new elecc̃on.
  • 3.

  • Thirdly that the Officers of the Magazine as well those that are
    now, as those that shalbe hereafter may take their Oaths for their
    iust dealing, and trew accompting wch the Company, aswell as the
    Officers of the Generall Company who handle not so greate som̃es.
  • 4.

  • That all the letters written from the officers of the Magazine to
    the Capemerchant, and from the Capemerchant to them may be
    entred in a booke by their Secretary, to the end that all men may
    be satisfied of faire dealings and proceedings.

  • 228

    5.

  • That the Assembly for the Magazine may be kept when & where
    the Courts are to the end the Adventurers may come and speake their
    mindes more freely, soe farr forth as they shall haue reason.
fforasmuch as it appeared, that there was more busines to be per-
formed then this Afternoone could well determine; It was moued
that if mr Thr̃er hereafter shall finde the like, that then he may please
to giue order for the Company to meete both fforenoone & After-
noone, wch was referred to be considered of by the Comittee for the
Standing orders.

By reason it grewe late, and the Court ready to breake vp,
and as yet mr Iohn Whincops Pattent for him and his Asso-
ciats being to be read, it was ordered that the seale should
be annexed vnto it, and haue referred the trust thereof vnto the
Auditors to examine that it agree wth the Originall; wch if it doth
not, they haue promised to bring it into the Court & cancell it. [13]

A former Comittee appointed concerning Captaine Bargraues busi-
nes, the matter being found difficult, and the time short, The Court
vpon another petic̃on preferred by Capt Bargraue haue adioyned
vnto them Generall Cæsill, Sr Dudley Diggs, Sr Tho: Cheeke, Sr Iohn
Dãuers, Sr Nath: Rich to meete at Generall Cæsills howse to morrowe
Afternoone at two of the Clock; And that Mr Aldr̃an Iohnson, mr
Essington & mr Ditchfield be warned to be there at that time.

 
[5]

Written over "would" in the manuscript.