University of Virginia Library

IULY THE 21th 1619
A Court held at Mr fferrars howse in
St Sythes Lane, Being present

   

Right Honorble	Henry Earle of Southampton.
	Robert Earle of Warwicke.

                         

Sr Edwin Sandis Knt Thr̃er.
Sr Tho: Smith.	Capt S. Argoll.	mr [11] Shepherd.
Sr Tho: Gates.	Capt D: Tucker.	mr Edw: Scott.
Sr Edw: Harwood.	Capt N: Butler.	mr Tho: Couell.
Sr Iohn Wolstenholme.	mr Ni: Leate.	mr Dan: Darnelly.
mr Aldr̃an Iohnson.	mr Stiles.	mr Rob̴t: Smith.
mr Xõ Brooke.	mr Clitherowe.	mr Geo: Smith.
mr Morrice Abbott.	mr An: Abdy.	mr fferrar iunior
mr Io: fferrar Dep̃t.	mr Rob̴t. Offley.	mr Geo: Chambers.
mr Tho: Gibbs.	mr Wm Palmer.	mr Balmford.
mr Dor Gulstone.	mr Caning.	mr Paulson.
	mr Hen: Briggs.	mr Woodall.
		mr Meuerell. etc.

There was at the sitting downe of the Court by an vnknowne person
presented to mr Thr̃er the Letter following;
To Sr Edwin Sandis Thr̃er of Virginia.

IHS

Mr Alderman Iohnson reported, that according to the trust reposed
by the last Court vnto himselfe and some others they had performed,
by being wth the Lordℯ Comissioners about the cleering of the Tobacco
now come home agreable to the Pattent, whoe referred it to Sr Lyonell
Cranfield and mr Attorny Generall, but they being out of Towne, he
desired that some other might now be appointed to attend the Lordℯ
agayne for the finishing thereof: Wherevpon the Court haue desired,
the Lo: of Warwicke, Sr Tho: Gates, Capt Nath: Butler, mr Clitherowe
and mr Wm Caninge to attend them at such time as ffrancis Carter
shall giue them notice that they sitt.

Sir Iohn Wolstenholme moued the Court in the behalfe of Martins
Hundred, that in considerac̃on of the Losse they haue sustayned by
the Guift, wch they sett out, that they might haue shares in Virginia
for euery—12—10—00 they haue therein spent: wch if the Court would
please to graunte, it would encourage them to sett out ffifty men more
in convenient time; which he desired might be putt to the question.
To the Wch, reply was made by Sr Edwin Sandis Thr̃er, that hauing
beene priuately acquaynted wth this moc̃on, and hauing throughly
waighed it, he could not giue way vnto for ffower reasons;

1.

• ffirst it was contrary to his Mats ɫres Pattents;

2.

• Secondly it was repugnant to ye Standing orders of the ye Company.

3.

• Thirdly it failed of the very end it aymed at, for it was not
  any advancemt to the planting of Martins hundred.

4.

• ffourthly it was preiudiciall & that in a high degree to the Generall
  Plantac̃on, & to ye strength, peace & prosperity of ye Collony. [31]

He began wth the second reason as being fresh in memory, & reading
the Orders in the title of Graunts, he shewed, that all Landℯ were to
be graunted either to Planters in Virginia by their persons, or to
Adventurers by their purses, or by extraordinary merritts of service.
That the Adventurers by their purses, were they onely and their Assign-
ees, who paid in their seuerall shares of—12—10—to the Com̃on Treas-
ure for the charges of transporting men to the priuate Lands of the
Adventurers, there was also allowance made to them of 50 Acres the
person. But noe further allowance for any such priuate expences as
was now demaunded.

Then he came to the first reason, and shewed that these Orders were
not newly deuised, but taken out of the L̃res Pattentℯ, namely the
second & third; diuers passages of wch he there openly read, importing
that the Landℯ in Virginia were to be deuided amongst the Adven-
turers by mony, or service and the Planters in person, and that he is
to be reputed an Adventurer by money, who payeth it into the Com-
panies Treasury, insomuch that if any man be admitted for an Adven-
turer, and haue paid in noe mony to the Com̃on Treasury, he is to be
compelled thereto by suite of Lawe, yea though he neuer subscribed
to any such payment, as is expresly sett downe in the Third L̃res
Pattentℯ.

Thirdly he shewed, it was not beneficiall to them of Martins hundred
in point of advantaging their perticuler Plantac̃on, for the benefitt
grew not by a bare title to Land, but by cultivating & peopling it so
to reape proffitt, now of such Land it was in euery Adventurers power
to haue asmuch as he pleased wthout any other payment: ffor if an
Adventurer (for examples sake) who had but one share of One hun-
dreth Acres would send ouer Twenty men to inhabite & occupy it,

fewer at this day will not doe it, he was by the Orders allready estab-
lished to haue for these 20 an addition of—1000—Acres of Land vpon
a first deuision and as much more vpon a second; And if then he
would also people his—1000—Acres wth Ten score men more, he were
to haue another addition of—10000—Acres more vpon a first deuision
and asmuch vpon a second, & so forward to what extent of Land him-
selfe should desire. On the other side to enlarge a mans right vnto
new Land, and not to make vse and proffitt of the Old, were to increase
a matter of opinion, rather then of realty, & a shadowe rather then
a substance.

Lastly he said it was prieiudiciall to the Generall Plantac̃on in many
points of ymportance; first in matter of strength for those titles to
great extent of Land; so to keepe other from it, would be a great
weakning to the Collony by disioyning the parts of it one so farr
from another Vis Vnita Fortior.

Againe it would be a great discouragemt to new perticuler Plantac̃ons
if either they must sitt downe of bad land, the best being all taken vp
before in titles, or seeke a seate farr of remote from helpe and society:
Besides whereas by the orders now established, men are to encrease
their owne Landℯ there by transporting of people, and so by increasing
the Collony in strength & multitude, the vertue and good intent of
this Order wilbe defeated, if men may haue their Landℯ encreased
wthout such transportac̃on, & onely by fauor & plurallity of voicℯ in Cort.

[32] Nowe as this moc̃on is prieiudiciall to ye strength & encrease of
the Plantation, so is it also to the peace thereof, good government and
iustice: It is not iust that a man should be paid twice for the same
thing; ffor the men transported they haue allready allowance of Land
—50—Acres the person whither dead or liuing: And the Charges now
spoken of was but in transporting those men. It is not iust, that
things equall should be vnequally valued; As Martins hundred hath
beene at great charges, so §haue§ diuers other hundreds, so haue
also beene many perticuler persons, Captaine Bargraue alone hath
bought and sett out diuers shipps; if besides the persons transported, he
shall haue allowance of Land oueragaine for all his charges, perhaps
he may take vp a great part of the Riuer: What may my Lo: Lawarr

doe? Sir Tho: Gates, and Sr Tho: Dale, besides a multitude of other
who haue spent a Large porc̃on of their Estates therein and are not
thought on; if all these men come in wth their Accounts for all their
tyme, what a confusion & disturbance will ensue thereof? shall wee
deny that to them wch wee allowe vnto or selues? or shall wee admitt
of their demaundℯ and sett them out Land accordingly? how then
shall wee p̳ceed in examining their Accountℯ? how may they be
cleered? when would they be ended? this course is a Laborinth and
hath noe issue.

He concluded, that he had allwayes fauoured the desires of Martins
hundred; but for this perticuler, he would not approue it: Howbeit
if men were not satisfied wth these reasons, he would be well content,
that the matter might be referred to a Quarter Court, vnto wch it did
more properly belong; and that in the meane time, it might be referred
to the considerac̃on of a Graue Comittie to be indifferently chosen
out of the Generallity and Counsell.

Vpon this Sr Edward Harwood propounded, that for satisfacc̃on and
encouragement of Martins hundred, there might be some quantity of
Land bestowed vpon them by way of gratuity and seruice: wch was
generally well liked, and the accomplishment thereof referred to the
next Quarter Court, & in the meane time the matter should be pre-
pared by a select Comittee.

And whereas the said Sr Iohn Wolstenholme Long since Lent the
Company at one time 300li and at another time—100li, and after a Long
time receaued it in agayne by Litle somes; that therefore in consid-
erac̃on thereof, and that he receiued noe interest for the same, he
moued, that the Court would recompence his kindnes by giuing him
some Land; Wch was now thought reasonable, if the qrter Cort (as they
doe not doubt) shall allow thereof.

Vpon some dispute of the Polonians resident in Virginia, it was now
agreed (notwthstanding any former order to the contrary) that they
shalbe enfranchized, and made as free as any inhabitant there what-
soeuer: And because their skill in making pitch & tarr and sope-

ashees shall not dye wth them, it is agreed that some young men,
shalbe put vnto them to learne their skill & knowledge therein for
the benefitt of the Country hereafter. [33]

It was ordered vpon considerac̃on that many principall men departeth
the Court at or before six of the Clock, whereby the said Court is
much weakned, that from henceforward they shall begin at Two, and
end at six: after wch time nothing shalbe agreed of, or putt to the
question: wch was confirmed by erecc̃on of handℯ.

The order of the Last Cort touching the dissoluing of the Courts till
Michaelmas terme, being now putt to the question, was ratified by
Generall consent. And for the Magazine Adventurers, it was licenced
for them to meete where they pleased till the Generall Corts began
againe, and soe often as they shall see cause, or be invited by any
occasion.

An Act of the Cort made Decimo quarto die Iunij 1619 concerning a
Pattent graunted to Iohn Woodliefe Gent̃ and his Associatℯ is now
by the consent of this Court, & liking of the said Iohn Woodliefe
altered, & is to goe in the name of Sr Tho: Wainman & Associatℯ:
And is agreed vpon the request of the said Sr Tho: Wainman, that a
ɫre of informac̃on there of shalbe written to the Gouernor, inasmuch
as it wilbe the qrter Court in Michaelmas terme before it cann passe
the seale, and that in the Interim he desireth land to be allotted,
wherevpon to plant such men, as shalbe by him & his Associatℯ sent
or appoynted therevnto.