University of Virginia Library

A Court helde for Virginia on Wednesday
in the Afternoone ye 18th of Ivne 1623

Present

                                   

Right Honoble	Lo: Cauendish.
	Lo Lawarr.
	Sr Ro: Killigrue.
mr Depty.	mr Ed: Bennett.	mr Webb.
mr Tomlyns.	mr Iadwin.	mr Geo Smith.
mr Winckfeild.	mr Barbor.	mr Collett.
mr Gibbs.	mr Widowes.	mr Ric: Bennett.
mr Bynge.	mr Robertℯ.	mr Hackett.
mr Palavicine.	mr Withrell.	mr Cuffe.
mr Downes.	mr Ryder.	mr Sparrow.
mr Ro: Edwards.	mr Procter.
	mr Balmforde.
	mr Sheldon.
	mr Newport.
	mr Swinhoe.
	mr Sharrow.
	mr Bothby.
	Wth divers others. [321]

The Court held the 9th of Ivne was now read and by a generall erec-
c̃on of hands approved to be rightly sett downe.

A moc̃on was made (as had been formerly) yt for somuch as itt was
Complayned from Virginia that divers Passengers came ouer wth
slender and scantt p̳visions to maynteyne them after their Arryvall
wherby they either vnderwent many inconvenyencies or otherwise
became burdensome to the Colony ther in releivinge them to the great
encrease of their want and scarsitie, That therfore fully to prevent
the like inconvenyencies hereafter some speedie course be taken to

enioyne them to goe better provided here after to Virginia since the
published Declaration (though given to every man that went) did not
seeme to haue effected itt, beinge by way of dyrecc̃on and advise and
therfore there should be some meanes vsed to constrayne. This
moc̃on was well approved & held to be verie waightie and important,
butt the Court not conceivinge how such an Order could generally be
observed in respect divers Ships sett outt some from the West partes
others outt of Ireland, have referred itt to the considerac̃on of a
Com̃ittee. (vizt)

   

mr Deputy.	mr Robertℯ.	mr Kirby.	mr Cuffe.
mr Bynge.	mr Procter.	mr Webb.	mr Rider.

Who are appoynted to meet at mr Deputies to morrow being Thursday
about 4: in the after noone to Consider what good order or p̳vision
might be made therin and how itt might be putt in execution that
such as goe in p̱sonn or shall otherwise transport anie Passengers
thither doe p̳vide and carry with them such a due proporcon of
Victuall and other necessaries as are p̱ticularly sett downe in the
printed Bill Wch the Company haue heretofore published.

The Owners of the Abigall made request they might be paide the
monneys due vnto them for fraight accordinge to their Charter party
in regard they were ernestly called vppon by the marriners to dis-
charge their wages: Whervppon mr Deputy informed the Court howe
vnexpectedlie the Companies Designes had been frustrated and a great
damage com vppon them, of payinge a great Sum of mony in regard
that ther was not as hee vnderstood aboue 6000 waight of Tobacco
returned wheras ther should haue been att the least 30000 by the
Companies Contract att 3d the pound: Whervppõ the Company is to
make vpp the rest Wch although by ye Generall letter the Gouernor
and Counsell doe promise [322] the next year to see paide and dis-
charged and the Company reimbursed, yett itt came now most
vnfortunately and greiuously.

As for the Demaunds of the Owners hee signified that they required
as much as if the fforte had been builded pretendinge they were
deteyned soe longe as if they should have been to doe itt.

The Court seeinge two questionns first what was due, Secondlie how
itt should be sattisfied did appoynt the Comittees followinge together
wth two of the Auditors to take the seuerall poyntℯ into their Consid-
erac̃on and to make report therof to the Preparatiue Courte that such
course might be taken therin as may be agreeable to right and equitie.

The Owners of the Abigall further Acquainted the Court that wheras
they vnderstood a great part of the beer, was bad and such as had
likelie much endamaged the peoples health that, that Beer was bought
of mr Dupper, who had received of them a great price for itt: Wher-
fore as well for the Cleeringe of their Inocencie as allso for the iust
sattisfacc̃on of the world they purposed to Complaine either to the
Comissioners or the LL͠s of the Counsell in cause the Company had
not sufficient authorytie of themselvs to p̳ceed against mr Dupper
desyringe yt the Company would be pleased to take the matter into
their serious Considerac̃on and to ioyne Wth them as well for the pre-
ventinge of the like hereafter as allso that as the Company had the
greatest p̱t in the Damage so they might iustly expect in the restitu-
c̃on: The Court conceivinge the matter very waightie and by no means
to be passed ouer did referr itt to the Counsell to advise what course
were fittest to be held and to p̳ceed theron accordinglie either before
the LL͠s: of the Counsell or the Comissionors.

Mr Deputie moved yt wheras the Somer Ilandℯ Court att their last
Court appoynted a Com̃ittee to advise and consider about the manner
of entringe the orders of Courtℯ (vizt) whether itt be necessarie to
menc̃on their names that shall make any moc̃on or proposic̃on in
Court.

Hee moved the like considerac̃on might be hadd touchinge ye Orders
of Courtℯ for this Company whervppon the Court recomended itt to
the care of the former Comittee addinge some few others vnto them
viz.

         

Ea: of Warwick.	Sr Lawrence Hide.
Lo: Cauendish.	mr Gibbes.
Lo: De Lawarr.	mr Nicho: fferrar.
Sr Sam: Sandys.	mr Rider or any 4:
Sr Io: Dauers.

Who are desired to meet abou att mr Deputies ∥about it∥ to morrow
beinge Thursday aboute 5 in the Afternoone. [323]

And wheras itt was likewise informed yt divers mrs in Virginia doe
much neglect and abuse their servantℯ there with intollerable oppres-
sion and hard vsage the former Comittee are desyred to advise and
consider of the best course they cann how theise greevances and abuses
may be redressed and reformed.

The widdow Smalleys petic̃on was read and a draught of ye Companies
answere ther vnto wch the Court approved and by a generall erecc̃on
of hands ordered to be deliuered to the Comissioners on Satterday
next.

The Right Honõble the Lord De Lawarr signified yt Capt Brewster
haueinge by chance broken the Seale yt was affixed to his acquittall
from ye vniust sentence of condempnation by Capt Argall in the Mar-
shalls Court in Virginia and beinge to p̢sent the same to his Maty: did
make request itt might be sealled wth a new Seale Wch request the
Court takinge into consideration did rather thinke fitt to graunt him
a Duplycate therof itt beinge vsuall (and denyed to no man) to take
Duplycates of Patents vnder ye great Seale of England.

Edward Downes peticoned that his sonne Richard Downes haveinge
continued in Virginia these 4 years, who ∥and∥ beinge bred a scholler
went ouer in hope of preferment in the Colledge there; might now
be sett free to live there of himselfe ∥and haue shares of land to
plant vpon∥ The Court conceivinge this Court §Suite§ to be verie
reasonable haue recomended the graunt therof to the next Quarter
Courte.

Mr Withers haveinge a share passed vnto him att the last Court &
∥nowe againe∥ p̳pounded (wherat no excepc̃on beinge taken) was
admitted.