University of Virginia Library

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A Virginia Quarter Courte the 14 of May 1623 Being

Present

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Sr Iohn Davers acquainted the Company that wheras by their orders
they were first to read the precedent Quarter Courte Itt could not
now be done by reason the LL͠s: of his Mats: privie Counsell had se-
questred all the Courte Bookes out of ye Companies handℯ.

The Preparative Courte of ye 12th of §this§ Month was read and by a
generall erecc̃on of hands (no one dissentinge) approved to be right-
lie sett downe.

In reguard the Earle of Southampton had not as yett fully ended his
three years Gouerment before the next Quarter Court: the Courte

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And in reguard the present Deputy, Auditors: Com̃ittees & other offi-
cers were best acquainted with the buisines of the Company, espe-
cially [309] wth the late passages in Courte and wth matter of Accompts
wherin they cann best sattisfie the Comissioners in case they shalbe
requyred Itt was therfore agreed and ordered by a generall erecc̃on
of hands that they should be continued in their places vntill the next
Qu: Courte.

This done Sr Ino Davers propounded the passinge of those two Lawes
and other perticuler buisinesses proposed in the Preparative Court
and referred to this great Courte for confirmation: The first Lawe
begininge wth this Tytle:

An Order touchinge ye admittinge
of men to haue Voice in Courte.

To avoyde the bringinge in of disorderly and vnworthy personns
hereafter to haue voyce in Courte itt is ordered yt no man shalbe
admitted into the Courts butt in this manner. ffirst his name shalbe
openly proposed in some Court that the Company may take notice
and consider of him or make such enquyrie as they shall thinke fitt
then afterward in the next or any other Courte if no iust exception
be taken to him, other orders of ye Compa: beinge allso observed hee
may be admitted. If exception be taken the same shalbe tryed by
the same or some other Courte; If the p̱ty appeale itt shalbe tryed in
a Quarter Courte.

Wch Lawe beinge a mended wth ye addition of this worde (hereafter)
and fyndinge in the L̃ers Patentℯ nothinge to Contradict itt (but
rather to confirme itt) was att length putt to the question and by a
generall erection of hands ratefied and confirmed to be a p̱petuall standinge Lawe and order of the Company.

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Next was read the Lawe consistinge on two braunches begininge wth
this Title

Orders touchinge ye naminge of extraordinary
Comittees

To avoyd all confusion in naminge of Com̃ittees extraordinarie itt is
ordered that no man may name aboue one Comittee except the Treas-
uror who may name Two & ye Deputy in his absence Yett no man
shalbe p̱mitted to name any Comittee if ye matter Comitted concerne
himselfe; If exception be taken to any p̱sonn hee §so§ named itt
shalbe decyded by question in the Courte.

Butt if the matter Comitted be of great importance the Court shall
p̳ceed in this manner: The nomber of Comittees shalbe first agreed
on by the Courte the one halfe shalbe first named by the Treasuror
Deputy and Counsell and theother halfe by the generallytie observinge the order last before.

Wch for yt no man tooke exception to them were putt to ye question &
by a generall erecc̃on of hands ratyfyed and confirmed as ye former
of §for§ a standinge Lawe. [310]

Sr Iohn Dauers presented vnto the Court three seuerall Bookℯ of
Accomptℯ of the Earle of Southampton for the Three last years past
of his Lops Gouerment Audited and approved of vnder the Auditors
hands: Touchinge wch Accomptℯ hee moved that although by the
Order of the Company his Lop: was to haue his Quietus est for the
two former years: Yett seeinge itt was now agreed his Lops three
yearℯ Gouerment should extend till the next Quarter Court And that
this his last years Accompt is by order to ly open in Court till then.
That therfore his Lops Quietus est be respited vntill hee may
receave itt for all his Accompts together wch ye Court generally agreed
vnto and ordered the same accordingly.

Sr Edwin Sandys Accomptℯ beinge likewise presented in Courte
Audited and approved of, Itt was ordered that in regard itt appeared
that they had layne open in Seuerall Courtℯ their due times appointed

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The Accomptℯ likewise of mr Ino fferrar beinge p̱sented in Court
Audited and approved of both by the Auditors and Com̃ittees and haue-
inge layne their due times open in Courte and no exception taken vnto
them: The Courte ordered hee should haue his Quietus est wch beinge
redy engrossed to the same effect as the former was read approved
and ordered to be sealled beinge as followeth

The Treasuror and Company of Adventurers and Planters of ye Cittie of Lon-
don for the first Colony in Virginia To all to whome these p̢sentℯ shall com
greetinge: Wheras Iohn fferrar of London Marchant late Deputy of the said
Company hath by ffower seuerall Bookℯ of Accomptℯ of his office of Deputyship
extendinge from ye 20th day of Aprill 1619 till the 22th Day of May 1622 exhib-
ited vnto the Courtℯ of the said Treasuror and Company A true and p̱fect
Accompt of all monneys by him Received for the vse of the said Company or
of the Colledge intended to be founnded in Virginia duringe ye time of his
Office aforesaid or afterward by order of ye Court or otherwise In wch
Accomptℯ hee hath allso p̱ticularrly declared how the said monneys have been
disbursed and expended for the vse of ye saide Company and Colledge by law-
full Warr̃ntℯ wth the Receiptℯ endorssed or subscribed vnder the said warr̃ntℯ
or in Bookℯ for that purpose wch accomptℯ accordinge to the orders of the
said Company have been duly examyned Audited and approved by the Aud-
itors and Comittees of the said Company as appeareth vnder their hands; and
afterward the said seuerall Bookℯ of Accompts have layen openly on the Table
in the said Courtℯ of the said Treasuror and Company duringe the times in the
said Companies orders appoynted and no exception hath been taken to them:
The said Tr̃er and Company therfore accordinge to their orders in that case
established att the instance and desire of the saide Iohn fferrar haue for them
and their Successors acquitted and Discharged and by these p̢sents doe for ever
acquitt & discharge the said Iohn fferrar his Heirs executors and administrators,
of and from all and every the said monneys by him received and of & from all
further Accompt by him to be rendred for the same and of and from all
Acc̃ons sutes and Demaundℯ for or by reason of the monneys or Accomptℯ
aforesaid: In wittnes wherof the said Tr̃er and Company haue herto caused

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their Legall seall to be affixed Given in a great and generall Quarter Court of
the said Treasuror and Company held the 14th Day of May 1623 And in ye
yearℯ of the raigne of our Soueraigne Lord Iames by the grace of God kinge
of England Scottland ffraunce & Ireland defender of the fayth Cr (vizt) of
England ffraunce & Ireland the one and twentieth and of Scottland the six and
fiftieth.

And further wheras itt appeared by the Auditors and Com̃ittees report
and testimony vnder their hands that mr Iohn fferrar stood engaged
in the Sum̃e of 320li for monny taken vpp att Interest of the Lady
Rumney and mr Thomas Mellinge wherof 200li was [312] imployd
in Provisions for buildinge of a fforte intended by Capt Each and the
rest for discharge of Divers due and Lawfull Debts from ye Company:
The Court ordered accordinge to his request yt security should be
given him, Wherof a draught beinge presented in Court and read was
well approved of and by a generall erecc̃on of handℯ ordered to be
sealled beinge as followeth

Whereas itt appeareth by the Testimony of the Auditors & Comittees of the
Company for Virginia vnder their hand writinge bearinge Date the 12th of
May 1623 That Iohn fferrar hath paid into the hands of the Right Honobl͠:
Henry Earle of Southampton Treasuror of the Company the some of 320li
taken vpp by him the said Iohn fferrar of the Lady Romney and mr Thomas
Mellinge in May last past in the year 1622 Wherof 200li was by order and
entreaty of the Quarter Court for to make p̳visonns for the buildinge of the
fforte intended by Capt Each, and the other was for discharge and payment of
divers due and Lawfull Debtℯ from the Company approved by the Auditors and
Comittees the Interest of wch monneys haveinge been payd vntill this present
12th of May 1623 out of the Companies Cash the principall yett remaines
vnsattisfied and mr Iohn fferrar still engaged vnto ye §seu9all§ p̱ties afore
named for the said sume of 320li §Now for ye securitie & indempnity of ye
said Ino fferrar and for ye payment and sattisfacc̃on of ye sayd 320li§ together
wth all the Interest and Damages that shall arise therby: Itt is ordered and
agreed yt all such Goods and Comodities as shalbe returned from Virginia
belonginge to the generall body of the Company shalbe from time to time
consigned and Deliuered into the hands of the said Iohn fferrar to be by him

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sold and disposed of vntill the said Some of 320li shalbe fully payd and dis-
charged together wth all the Interest and Damages that shall arise therby:
And for the farther securitie of the said Iohn fferrar itt is likewise further
ordered & agreed That itt shalbe lawfull for the said Ino fferrar to receave &
take to his owne vse all such monneys and Debts as are and shalbe due vnto
the Company from any whomsoever and hee ye said Iohn fferrar cann procure
vntill such time as hee be fully sattisfied and discharged of the said sum̃e of
320li together wth all the Interest and Damages yt shall arise thereby.

The Accompt likewise of mr Nicholas fferrar Deputy was likewise
∥for his last∥ year was like presented beinge Audited and approved
of by ye Auditors and Com̃ittees wch Accompt is by order to ly open
in Court till the next Quarter Court for any man to p̱vse & examine
that will. [313]

The 7 Pattents wch herafter follow beinge duly examyned and Com-
pared by the Comittee in the morninge and by them found agreeable
to ye Companies orders and to former presidents were now putt to the
question and by a generall erecc̃on of handℯ no one discentinge ordered
to be sealled vizt

1

• Patent to mr ffrauncis Harwell.

2

• Patent to mr Thomas More.

3

• Patent to mr Richard Norwood.

4

• Patent to mr Edward Hurd.

5

• Patent to mr Iohn ffells.

6

• Patent to mr Ino: Blyth.

7

• Patent to mr Rop̱ and mr ffitzIeofferie.

8

• Allso a Confirmation of 32 Shares to mr Ino Newport Discended
  vnto him by the death of his ffather Capt Christopher Newport, wch
  

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  confirmation beinge read and approved in ye Preparative Court as
  allso in the morninge by the Comittee was now putt to the question
  and ordered to be sealled.

Accordinge to a former moc̃on in ye Preparatiue Court ye Lord Bruice
was now admitted into the Company and chosen to be one of his Mats
Counsell by a generall erecc̃on of hands.

Allso Sr Humphrey May was chosen to be one of the Counsell.

In like manner mr White and mr Tomlyns beinge proposed in ye
former Courte were now chosen to be of the Counsell mr Thomas.

Mr Thomas Newton haveinge been employed in warninge of Courtℯ
ever since mr Carter lefte the place, and beinge proposed att the last
Court as one very sufficient to p̱forme the service, Itt was by erection
of hands agreed hee should be continued as Beadle in the warninge of
Courtℯ till the next Quarter Courte & then should be chosen for the
place.

The Shares propounded the last Court were now passed and Confirmed
and the p̱sonns admitted (vizt)

Tenn shares assigned to Iohn Burgh from Peter Humble.

Allsoe one Share assigned to mr Robert Edwards from mr Bland.

Sr Edw: Sackvill, Sr Robtt Killigrew, and Sr Iohn Dauers were by this
Court entreated to goe to morrow to the Comissioners, And to signifie
vnto them yt the Compa: to their great ioy and Content haue vnder-
stood of the deliuery of his Mats: Com̃ission vnto their hands to
enquire and Certifie all such abuses and misdemeanors as haue been
Comitted att home or abrode in yt Gouerment any waies tendinge to
the p̢iudice or ouerthrowe of yt pious and Royall worke [314] And
doe therfor verie ernestly and vnanimously desire that they would be
pleased to take seriously into their consideracon the trueth, or fals-
hood of a Certaine Information not longe agoe exhibited by one Cap-
taine Butler vnto his Matie entituled The Vnmasked face of our Colony

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This beinge an Act wch is in the Comissioners power to graunt and a
favour so benifyc̃all for the Company to receave they shall proporc̃on
their acknowledgment and thankℯ accordinge to their iust estimac̃on
of the same.

Itt was allsoe further moved yt the Comissioners might §be§ very
ernestly desyred togeather wth the examinac̃on of the said informac̃on
to take into their serious considerac̃on the Declaration p̢sented by the
Counsell one Wednesday last touchinge Capt: Argall and Capt Butler,
wch was conceived to haue strict relation to that p̱t of Capt: Butlers
information wch concerned the misgouerment in Virginia.

ffor somuch as itt was informed the Comittee heretofore appoynted
for drawinge vpp the Preamble for bringinge in the 40000 waight of
Spanish Tobacco had as yett done nothinge therin: The Court ernestly
desyred that they or any of them (not excludinge any other of the
Company that would com in and vnderwrite) would meet aboute itt
some time to morrow in thafternoone to expedite the same that some
Accompt therof may be given to the Lo: Treasuror assoone as may be
wch his Lop expects.

Vppon moc̃on order was given for drawinge and Seallinge a Comission
for Iohn ffells Mr of ye Iacob of about 80: Tunn for transportinge of
Passengers and goods to Virginia. [315]