 | The records of the Virginia Company of London |  |
Preparatiue Courte 23th Iunij 1623.
| Lo: Cauendish. |
| Sr Ed: Sackvill. |
| Sr Robert Killigrew. |
| Sr Iohn Dauers. |
| mr Deputy. | mr Widdowes. | mr Copeland. | mr Baldwin. |
| mr Io: fferrar. | mr Iadwin. | mr Boothby. | mr ffotheringall. |
| mr Tho Sheppard. | mr Moorer. | mr Whitley. | mr Dey. |
| mr Barbor. | Capt Bargraue. | mr Sheldon. | mr Robertℯ |
| mr Withers. | mr Waller. | mr Ewens. | mr Cañinge. |
| mr Ro: Edwards. | mr Baynham. | mr Collett. | mr Webb. |
| mr More. | mr Barker. | mr Geo: Smith. | mr Meuerell. |
| mr Nicholls. | mr Sparrow.[324] |
Mr Deputie acquainted the Company of some Courtℯ wch hadd not yett
been read throught want of time and much buisines two of them
beinge those wch himselfe was not present att and therfore desyred ye
Courtℯ diligent attendance if they should need any a mendment.
Whervppon the Quarter Court held the 14th of May last was Read
wherat no excepc̃on beinge taken itt was putt to the question and by
a generall erecc̃on of handℯ approved to be rightlie sett downe.
Next was Read the Court held the 17th of May wch in like manner was
by a generall erecc̃on of handℯ approved to be rightly sett downe.
Next the Court held the 24th of May was read and by a generall erec-
c̃on of hands approved to be rightly sett downe.
Lastly the Court held the 18 of Ivne was read and by a gennerall
erecc̃on of hands approved to be rightlie sett downe.
The Comittee concerninge Passengers haveinge brought their opynions
to this Court in writinge the same was read: Butt the Courte vppon
further debate fyndinge many difficulties to arise aboute the execuc̃on
therof (wherin they desyred to be better sattisfied) haue recom̃itted
the same againe to the former Com̃ittee addinge vnto them mr Morer
mr Whitley and mr Withers to take itt into farther considerac̃on to
see if they cann p̳pose some feazible way how such a course may be
taken as to cause all Passengers that goe to Virginia be well furnished
Wth Provisions accordinge to the published Declaration: The said
Comittee are likewise to Consider how the abuses complayned of
towardℯ servants in Virginia may be reformed.
Sr Edward Sackuill moved yt the Earle of Southampton might haue
his Quietus est for his three years Accomptℯ accordinge to order and
as was ordered att the last Quarter Courte, his saide Accomptℯ for the
two former years haveinge duly layen open in Courte audited and
approved of Wth out excepc̃on; And this latter years Accompt allsoe
haveinge layen in ye Com̃issioners hands for any man to p̱vse that will
& noe excepc̃on taken thervnto.
Touchinge wch the Court beinge well sattisfied and conceivinge itt was
most due and fitt his Lop: should haue his Quietus est ordered ther-
vppon the same to be drawne vpp against the Quarter Courte. [325]
Itt was likewise moved yt in regard mr Deputy fferrars Accompt for
ye year past was presented att the last Court Audited and approved
both by the Auditors and Comittees and beinge since that time deliu-
ered vpp to his Mats: Com̃issioners hath there layen open for any man
that pleased to p̱vse And seeinge no excepcon hath been taken there-
vnto in all this time that therfore hee might allsoe haue his Quietus
est accordinge to order and as was p̳mised att the last Quarter Court,
Wch the Court accordingly graunted vnto him, orderinge the same to
be drawne vpp againste the Quarter Courte.
Mr Deputy acquainted the Court that the Auditors and Comittee
appoynted to treat wth the Owners of the Abigall had mett beinge
assisted with divers others of the Company and especially by Sr Edward
referred vnto them by the last Court namely what was due to the said
Owners, & Secondly how itt should be payd; Doe finde yt by the
Charter party theris Due vnto them for fraight of goods outward
belonginge to the Generall Compa: after the rate of 3li p̱ Tunn—16
102li: And they finde likewise by the plaine and express words of the
Charter party the Company was bound to make their ffraight home-
ward 400li although the fforte were not built by them: Wch the Compa:
did adventure to doe vppon assurance of ladinge 30000: waight of
Tobacco att 3d p̱ pound wch was never once doubted there could be any
faylinge in, consideringe that divers Years heretofore the Colony hath
vppon the Companies order laden farr greater quantities abourd the
Ships appoynted from hence:
Butt what by the Calamities of the year and what by the negligence
and defaut of the people who brought not in the quantities of Sassa-
phras ∥Wch∥ they were enioyned to doe, to haue therby made supply
of ye former defect the Ship was returned home with out ∥only∥ about
5000: waight of Sassaphras and betwixt 6: and seaven thousand
waight of Tobacco wch att 3d p̱ pound would not com to aboue 80li
sterlinge: Soe yt the fraight would fall short of what the Comp was
bound to pay them homeward 320li or ther aboutℯ towardℯ all which
ther was nothinge sent butt a Small quantytie of Saxafras, And
although by the generall letter the Gouernor and Counsell doe p̳mise
& binde themselvs to make full sattisfacc̃on and reimburse this charge
to the Company yett the Com̃ittee did conceaue the Company not a
little wronged in the not p̱formance therof especially consideringe the
great quantitie wch was sent to Holland wherout they conceived there
should haue been made a good allowance towardℯ the Defrayinge of
this Charge.
Butt howsoeuer the Colony had broken wth the Company, ye Company
might not doe soe wth those wth whome they had contracted vnder their
seall To whome there appeared due wth out contradiction or denyall
420li presupposinge allwaies that the Tobacco returned home was but
6500: waight as the Purser had deliuered and offereth to maynteyne
the Owners are to receaue 3d for every pound and so much is to be
Deducted from the Companies Debt. [326]
As for the farther Demaund of the Owners of the Abigall who say yt
by the authority and power of the Gouernor and Counsell in Virginia
they were deteyned vntill the last day yt they were bound to stay in
case they had gone forward wth the Forte and thervppon Demaunded
sattisfaccon of 160li: p̱ monneth accordinge as their Charter p̱ty express-
eth they should haue in case they were deteyned longer then Aprill:
The Comittee conceaved that in case itt shalbe sufficiently proved that
the said Ship and Marriners were deteyned as they p̢tended that then
theris sattisfaction to be made them from the Colony accordingly as
was Covenanted in the Charter p̱ty: Butt in regard that the Marriners
to whose benifitt the p̳tractinge of Voyadges cheifly conduceth are
not sufficient wittness and yt the Company haue no reason to thinke
that the Gouernor & Counsell would soe vnadvisedlie deteyne a Ship
of such charge to no purpose butt doe rather conceive that itt was the
Marriners negligence or other default that kept them there so longe—
They therfore thinke fitt to Referr this matter vnto examination in
Virginia especially consideringe that the payment is to be raysed from
them there.
The Court after much Dispute and Debate vppon those pointes in the
end agreed and consented vnto the Report of ye Comittees and their
iudgment (vizt) that vppon the premises theris due vnto the Owners
420li: And yt if vppon examination in Virginia itt be found yt they
were deteyned longer then they ought to haue been by the Colony
that then further sattisfacc̃on should be made them by the Colony
p̳porconably to the time wch they were detayned more.
As for the payment of the Debt of 420li wch appeared due itt was
ordered that the Saxaphras should be sould by mr Webb and mr Cuffe
and the p̳ceed therof paid vnto the Owners in p̱t of Discharge of this
Debt and yt the rest should be payd vnto them assoone as monneys
came in and for their further sattisfacc̃on that they should haue such
should be lawfull for them, to receaue such Debts Due vnto the Com-
pany as they could procure in till they were sattisfied and yt after the
Discharge of the Companies bond to mr Iohn fferrar all such goods
should be returned from Virginia belonginge to the Generall Company
should be consigned vnto them for payment of what should be due vnto them.
Lastly itt was ordered yt by the next dispatch into Virginia their
should be letters addressed vnto the Colony in the Companies name
requyringe sattisfacc̃on to be made this next yeare [327] of the former
sum̃e together wth all the rest of the charge the Company were att
concerninge the fforte and yt itt should be signified that the Compa:
conceaue itt iust that those who are §for§ a greater advantage vnto
themselves did send their Tobacco to Holland, should bear a large
proporc̃on consideringe they vndergoe much less charges then they
that sent theirs home.
The Owners of ye Abigall earnestly moved that some speedy course
might be taken against Dupper ye Bruer for his bad condic̃oned Beer
soe much complayned of: wch the Court takinge into Considerac̃on itt
was att length thought fitt that before they p̳ceeded against him hee
be first spoken wthall that they may know what answere hee cann make
to this his charge Wch Course beinge well approved the Court entreated
mr Deputy mr Withers and mr Widdowes to goe to mr Dupper and talke
wth him about itt and bringe his answer to the Quarter Courte yt
accordingly the Company may resolue how to p̳ceed against him.
Sr Iohn Dauers signified that the Counsell haveinge taken into their
considerac̃on that although there be many worthy Cittizens of the
Counsell, yett either through busines or otherwise they doe not give
that diligent attendance as the Actions of the Plantac̃ons requires And
since the Nobillytie and gentry are most of them absent in the Vaca-
tion when yett divers waighty and vrgent busisnesses happen The
Counsell therfore in Supply therof haue thought fitt that fower should
be Chosen of the Counsell such as their continuall lyvinge in Towne
pryvate members Dilligently followed and thervppon p̳pounded
| mr George Scott, | |
| mr Iohn Bland | } Cittizens |
| mr Tho: Whitley | |
| mr Berblock gent̃ |
Whervppon itt was by erecc̃on of hands ordered yt they should be
recom̃ended to the Quarter Courte to be chosen of his Mats: Counsell.
A moc̃on was made in the behalfe of Capt Bargraue that aswell in
regaurd of his longe attendance and sufficiencie as allso for that hee
had spent a good p̱t of his estate to advance the Plantac̃on in Virginia
hee might therfore haue that favour afforded him as to succeed Sr
William Nuce dec̃eased in the place of Marshall of Virginia, wch
moc̃on and request the Courte thought fitt to referr to the further
Considerac̃on of the Counsell.
Mr Deputy acquainted the Court that hee hadd receaued from his
Mats: Comissioners a Petic̃on of mr Wrotes concerninge his standinge
bound for the Companies sute against Wye: wch beinge read mr Dep-
uty acquainted the Court wth the State of the buisines how that ther
was liberty for a yeare and a day to sue out the Appeall that itt was
thertofore ∥hitherto∥ Deferred in reguard that Wye himselfe is absent
and the five Suerties [328] that hee putt in, all come behinde hand,
soe yt as itt would be a certaine charge to sue out the Appeale soe itt
could be to no purpose ye p̱tie beinge absent: Wherfore since ther
was yett 6 monneths time to doe itt in, the Advocates and Proctor
did advise ye Company not to sturr therin butt to expect Wyes returne
wch if itt did not happen duringe that terme they were of opynion
that vppõ soe iust ground the benifitt of the Appeale could not be
taken from the Company.
Last of all hee said that their opinion was that howsoeuer itt should
happen that no Damadge could arise aboue 20 nobles att ye moste for
the Iudge had onely dismissed the sute without any damadge saveinge
Courte ordered shall be drawne vpp and p̢sented to the Comissioners
and wth all yt itt should be signified that ther on mr Bearblock yt stood
bound §together§ wth him, and that there should be sufficient provi-
sion made to save them harmeless.
Vppon moc̃on order was given for drawinge vpp two Patents the one
for mr Iohn Zouch and his Associates the other for mr Iohn Prynn of
London Marchant.
Vppon the like moc̃on order was given for Drawinge vpp a Comission
for the Trueloue of 50 Tunn wherof Iames Carter is ordeyned mr for
Transportac̃on of Passengers to Virginia and after for a fishinge
Voyadge.
| The records of the Virginia Company of London | |