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IULY THE 13th 1619 A Court held for Virginia at Sir Tho: Smiths howse in Philpott Lane.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
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243

IULY THE 13th 1619
A Court held for Virginia at Sir Tho:
Smiths howse in Philpott Lane.

   
Present the Right Honoble͠  The Earle of Southampton. 
The Earle of Warwicke. 
                             
Sr Edwin Sandis Knt Thr̃er. 
Sr Tho: Smith.  mr Hen: Reignoldℯ.  mr Hen: Briggs. 
Sr Tho: Wainman.  Capt S: Argoll.  mr Wiseman. 
Sr Tho: Gates.  Capt N: Butler.  mr Couell. 
Sr Nath: Rich.  mr fferrar iunior mr Geo: Smith. 
Sr Io: Wolstenholme.  mr Ri: Rogers.  mr Bereblocke. 
Sr Tho: Wroth.  mr Ro: Bateman.  mr Roberts. 
mr Aldr̃an Iohnson.  mr Edw: Scott.  mr Cranmer. 
mr Iohn Wroth.  mr Rich: Bull.  mr Kightley. 
mr Xo Brooke.  mr Geo: Chambers.  mr Shepherd. 
mr Geo: Sandis.  mr Swinhowe.  mr Melling. 
mr Geo: Thorpe.  mr Paulson.  mr Sparrowe. etc. 
mr fferrar Dep̃t.  mr Rich: Caswell. 
mr Tho: Gibbs.  mr Caninge. 
mr Dr Anthony.  mr Ri: Moorer. 

The busines by the Last Court referred vnto the Counsell touching
some vnseemely wordℯ giuen by mr Aldr̃an Iohnson vnto mr Thr̃er to
be censured by them, they hauing mett as they were desired, and
thereon considered, did now deliuer their conclusion into the Courte,
where after a long disputac̃on and reproofe of the offence comitted by
mr Alderman, & a generall cleering of mr Tr̃er by erecc̃on of [26] handℯ
and euery mans testimony of the scandall imputed vnto him by mr Alder-
man, that he should wrong any of the Company by vndecent language;
It was agreed that for preventing the Like abuse to the Thr̃er here-
after, the former Comittees, that is to say, the Lord of Southampton,


244

the Lo: of Warwick, Sr Io: Dãuers, Sr Tho: Gates, Sr Nath: Rich,
mr Io: Wroth, mr Geo: Thorpe, and mr Deputy fferrar to whome this busines was formerly referred, now adding vnto their number Sr Io:
Wolstenholme, Sr Tho: Wroth, should sett downe in writing to be
entred in the Court bookes the iustificac̃on wch the Court hath giuen
to mr. Tr̃er; And should wth all propose to the considerac̃on of the
Court the forme of some strict Lawe for the preventing of the like
wrong and abuse in future tyme.[10]

There was also presented to the Court by the Auditors and there openly
read this writing ensuing;

Whereas it hath appeared plainly that during the time, that mr Alderman
Iohnson was both Deputy of the Company and Director of the Magazine diuers
great somes haue beene wrongfully converted from the Cashe of the Company
§ to § the vse and Cashe of the Magazine, as namely the some of = 341 = 13 = 4 =
of the Companies money was in May—1617—converted to the buying of goodℯ
for the Magazine wch were sent in the George, and receiued by the Capemer-
chant, and returned in his Acco wth the gaine of—85—8—4—And moreouer
in October–1618–the Companies Tobacco growing in their Com̃on garden
was sold to mr Abraham Chamberlaine for One hundreth three score and
sixteene poundℯ; and that som̃e paid into the Cash of the Magazine. And
whereas also there are diuers reciprocall demaunds made both by the Company
and the Magazine for persons and goodes interchangeably transported by each
for other: Wch Account wee the Auditors for the Company haue beene on or
parts att all times desirous and ready to audite; but haue found noe corre-
spondency nor disposition to the same in the Officers for the Magazine, notwth-
standing or often requests and diuers orders of Courts, wch they haue neglected
and broken and doe soe still persist: fforasmuch as it is very apparent vnto vs,
that there is a great some of money of right due to be paid by the Magazine to
the Company, wthout wch there is noe meanes for the setting out of this shipp
now prepared for the transporting of One hundreth men for Generall service:
And wee haue done or vtmost endeauor therein wch hath proued fruitles: Wec
are inforced according to the duty of or places to present the considerac̃on
hereof to yor wisdomes, that some further course may be taken for doing right
to the Company, and advancing the Com̃on service thereon depending.

Subscribed: Iohn Dãuers: Io: Wroth:
Iohn fferrar. Tho: Keightley.
Henry Briggs and Richard Wiseman. [27]


245

This being deliuered by the Auditors, and wth all the Acco betweene the
Company and Adventurers, which by the helpe of the Courtbooke
(hauing examined it thorough) they haue finished; there onely rest-
eth for the Court to decide, that if they will allowe of sundry trans-
portac̃ons of men, by former orders in the said booke not menc̃oned,
that then there wilbe One hundreth poundℯ lesse for the Company to
receaue: But it growing late it was agreed, and that the Shipp should
be noe longer stayde, that mr Thr̃er should make vse of the Three
hundreth poundℯ due vnto the Magazine by the Adventurers of Smiths
hundred, and that the Account betweene them shalbe forthwth audited:
To wch purpose my Lord of Southampton hath promised his assistance
vpon ffriday morning next at Sir Thomas Smiths howse, at wch time
mr Alderman, together wth mr Essington, mr Abraham Chamberlaine,
mr Richard Moorer and mr Berblock, are appointed to ioyne wth the
Auditors of the Company and so to decide the Controuersy.

fforasmuch as the Collector for Tobacco refuseth to deliuer the Tobacco
now come home, vnlesse the Company will pay twelue pence custome
vpon euery pound weight, wch is double aboue the booke of rates, the
same being but six pence, and also being freed by his Mats ɫres Pat-
tents of Impost and Custome sauing 5 p̱ Cent: It is now agreed, that
a Petic̃on shalbe drawne to the Lordℯ Comissioners of the Treasury,
and haue desired my Lo: of Warwicke, Sr Nath: Riche, mr Aldr̃an
Iohnson and mr Brooke to attend their L̃ops vpon ffriday next in the
Afternoone for the cleering of the same.

It was moued by mr Tr̃er, that in reguard the time of the yeare pass-
eth away, and most of the Company retireth themselues into the
Country, and as yet a great deale of busines is to be performed before
the departure of the Shipp, that a Comittee might be appointed to
meete euery day for the dispatch of the same, and that the Generall
Courts be dissolued till Michaelmas terme, vnlesse there be an extraor-
dinary occasion, that mr Thr̃er or mr Deputy call an extraordinary
Court; Which being approued of by the Court, there were nominated
Sr Iohn Dãuers, mr Deputy, mr Alderman Iohnson, mr Iohn Wroth,
mr Tho: Gibbs, mr Geo: Thorpe, mr Cranmer and mr Chambers to
meete at mr Tr̃ers for dispatch of those businesses.


246

Mr Deputy acquaynting this Court, that the Comittees hauing mett,
and devided the busines amongst themselues for the speedier
sending away of this shipp; in wch as some of them are to be [28]
comended by performing the charge comitted to their trust; so there
are some to whome the care of buying apparrell was comitted, whoe
part of them being out of Towne, the rest haue failed therein; in
whose steedℯ he desires, that some other might be appointed to per-
forme that trust; to wch by the Court is appointed mr Cranmer, mr Bull
and Thomas Mellinge.

All such Bills of Exchange as were now sent from Abraham Persey
the Capemerchant concerning the Magazine amounting to Eighte
hundreth poundℯ specified in his Letters, is by the Adventurers thereof
this present day accepted to be paid from this present at the deter-
minac̃on of the time in the seuerall Bills specified.

The Comittees for the Magazine are intreated by this Court to vnder-
take for the cleering of these goodℯ now come home in the Will͠m and
Thomas; for the which it is now ordered, that they shalbe saued
harmeles.

It was now ordered, vpon the request of Sr Tho: Wainman, & vpon
certificate to the Court from the Lady Lawarr, that shee was content
soe farr to satisfy the desire of the said Sr Tho: Wainman and Sr Iohn
Tasborough, wthall desiring the allowance of the Court, that such men
as shall appeare to haue beene transported by the Lo: Lawarr for the
said Sir Tho: Wainman & Sr Iohn Tasbrough, & at their proper costs
and charge may be free at his or their disposing to be remoued &
planted according to their discrec̃ons vpon such shares as shalbe by
Pattent graunted vnto them, for the wch her Lãp is content, that there
shalbe a ratable deducc̃on made out of the proporc̃on of Landℯ
allready graunted and allowed, or hereafter to be graunted & allowed
vnto the said Lo Lawarr for his Adventures: And that the Charter p̱t
wch his Lop entred into may not extend to the Losse and preiudice of
them. It being noe part of his Lop or Ladsp meaning they should
suffer for that his Lop stood engaged, and therefore resteth in her
Ladishipp to see satisfied; Wch was also now confirmed by erecc̃on of
hands. [29]

 
[10]

Some papers on this committee are given in the List of Records, Nos. 112, 113, pages 133, 134, ante.