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At a ∥Preparatiue∥ Court held for Virginia the 20th of May 1622
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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9

Records of the
Virginia Company of London

At a
∥Preparatiue∥
Court held for Virginia the
20th of May
1622

Present
Right Honoble: Lo: Cauendish[1]

                             
Sr Edwin Sandys.  mr Ro: Smith.  mr Iadwin. 
Sr Iohn Dãuers.  mr Binge.  mr Kingstone. 
Sr Iohn Brooke.  mr Wilmer.  mr Ditchfeild. 
Sr Walter Earle.  Capt: Tucker.  mr Caswell. 
Sr Edward Lawly.  mr Addison.  mr Sparrowe. 
mr Dept̃ ffarrar.  mr Kightley.  mr Wood 
mr Gibbs.  mr Withers.  mr Geo: Smith. 
mr Wrote.  mr Berblocke.  mr Copland. 
mr Paulavicine.  mr Winne.  mr Widdowes. 
mr Barnard.  mr Balmeford.  mr ffelgate. 
mr Bromefeild.  mr Nich: ffarrar.  mr Cuffe. 
mr Shippard.  mr Meuerell.  mr D'Lawne. 
mr Tomlins.  mr Mellinge.  mr Barbor
mr Risely.  mr Robertℯ.  mr ffogge. 
mr ffoxton.  with diuers others. 

Mr Deputy acquainted the Courte that himselfe and some others
entreated by the former Court had bin at Sr Thomas Smiths before


10

the appointed Referrees concerninge Capt Martins buissines, and
havinge vnderstood the matter of his charge, wch was that the Virginia
Company denied him the fruition of those priuiledges, that were
formerly graunted vnto him, aswell in his Patent of the Maistershippe
of the Ordinance in Virginia as also in his other Patent of his private
Plantation; They desired to receaue his said Charge in writinge
accordinge to the direcc̃on of the last Court, wherevnto a speedie
Aunsweare should be returned with all conveniency: Wherevpon it
pleased the said Com̃ittee to require Capt: Martin to sett downe his
greevances in writinge by waye of Petic̃on vnto them, wch they by
letter would recom̃end to the Virginia Company and expect their
Answeare: Accordingly wherevnto it was nowe com̃ended by the
Referrees, wch he presented in Court, and beinge read and taken into
considerac̃on, and likewise the petic̃on exhibited by Capt Martin to
his Matie wch contayned many scandalous suggestions, aswell against
the whole Company, as some speciall Members thereof: After delib-
erac̃on had therevpon, it was at length aduised and thought fitt, that
in their Answr vnto the said Petic̃on there should be a double addresse
made (vizt) the one vnto his Matie, aswell for clearinge the Company
and such perticular persons as stand accused thereby, as also to informe
and certifie that some of those vnto whome the Referrence is procured
are suspected to be the chiefe Abettors and Supporters of Capt:
Martin in this buissines. The second addresse to be to the Referrees
themselues in like manner as haue bin formerly donne to Capt:
Martins Certificate: Wherevpon the Court entreated the Lo: Cauen-
dish, Sr Iohn Dãuers, Sr Iohn Brooke, Sr Walter Earle, mr Gibbs, mr
Wrote, mr Binge, mr Tomlins, mr Edw: Paulavicine, mr Iermyn, mr
Elias ffoxton mr Nicho: ffarrar, mr Caswell mr Iohn Smith and mr
Ro: Smith, to meete to morrowe at mr Dept̃ ffarrars about 2 of the
Clocke in the Afternoone to drawe vpp the said Answeare, and to
present the same at the Quarter Court.

2. Mr Deputy signified further that one Samuell Each Captaine of the
Abigall havinge at his beinge in Virginia made Tryall of those Banckℯ
that lye out in Iames Riuer neare Blunts-pointe and found that a
Blockehowse or fforte might be erected vpon them, wch would altogether
forbidd the passage of Shipps vpp higher, made offer vnto the Com-


11

panie, if they would imploy his Shippe the Abigall with a reasonable
convenient fraight outward and homeward, he would carry a douzin
Carpenters at the least, by whome the rest of his Marriners beinge
supplied with convenient number of handes from the Colony and
some necessaries from hence of Boatℯ Cordage and Tooles he doubted
not by the end of March to raise such a Blockhowse as should secure
all the Riuer about it: The Counsell and Com̃ittees mett diuers times
about it, and havinge receaued good satisfacc̃on both of the Suffi-
ciency of the man for his iudgement and honesty, and also of the
probablenes of the meanes, whereby he propounded to effect it, were
all of opinion [2] that the offer was not to be refused, the matter of
ffortification beinge a thinge soe importunately requested by the Col-
ony, and this perticular beinge iudged by diuers of the Planters to be
that wch out ∥ought∥ first to be attempted, and most easie to be
effected especially consideringe that the Demaunds of Capt Each
were so ordinary and reasonable as although the worke should not be
effected, yet there would arise noe dam̃age to the Companie, but as they
conceaue it rather a benifitt by the imploying so goodly and stronge
a Shippe wherein the Lady Wyatt and the rest that this yeare are to
goe may be exceedinge conveniently and safely transported, and the
whole Company ∥Bodye∥ duringe their stay in the Riuer much
strengthned: Wherefore the Com̃ittees proceeded in treaty with
Capt: Each and the rest of the owners, and it was agreed on by both
parties in the manner followinge, reservinge the confirm̃acon of the
bargaine to the authority of the Quarter Court.

    1.

  • That there should be 150 tuñ of goodes and 150 persons or propor-
    conablie of each, put and laden abourd the said Shippe: the wch num-
    ber of persons and goodes were conceaued would be verie easily made
    vpp by priuate Aduenturers.
  • 2.

  • That the persons should repaye vjli a head in hand and for fraight
    of goodes iijli a Tun should be paid vpon Certificate of the safe deliu-
    ery of them in Virginia.
  • 3.

  • The Owners of the Shipp desired that the Passengers might be
    taken in at the Isle of Wight, wch although it were somewhat more
    charge, yet in matter of health it wilbe doubly recompenced.

  • 12

    4.

  • And that the goodℯ might be deliuered them here by the middle of
    Iuly they promising by the first of August to be gonn from the Isle of
    Wight if Winde and weather serue.
  • 5.

  • That they would not take in any more Passengers then the Com-
    panie should put abourd them, and that duringe the whole voyage the
    people should haue their full allowance of victuall.
  • 6.

  • That after their vnladinge in Virginia the Shippe should with all
    convenient expedic̃on fall downe to Blunt-pointe, and there Capt:
    Each would diligently imploye himselfe his Shippe and 12 Carpenters
    and Marriners to the number of 40, till the end of March in case the
    buissines be not sooner effected for the erectinge and buildinge of a
    fforte or Blockehowse, and the Companie vndertaketh and promiseth
    to supply the said Capt: Each with such a convenient number of
    people and landmen as shalbe fitt, and requisite duringe the said
    worke; wch Land-men so sent and imployed should be maynetayned
    with victuall of their owne at the Collonies charge, but their lodginge
    should be abourd the Shippe.

And the Companies for their partes doe promise.

That if this worke be effected they will make his fraight homeward
800li vpon wch all goodℯ Tobacco, Sassafras Cr wch shalbe laden in him
shalbe accounted and onely the personall transport of men shalbe
excepted: As for the rate and price of the fraight, he shall not make
any agreement without the consent of the Gouernor.

And that if he performinge his best endeauoures shall not be able to
effect it, by the end of March, but for the perfectinge thereof shalbe
required to staye a Month or more after he shall haue paid him for
euery Months staye 160li by the Gouernor and Colony there and so pro
rato, But in case it should happen there by the iudgement of the
Gouernor and Counsell of State within one Month the worke proue
not feazable, then it shalbe lawfull for him to repaire home the first
of Ianuary, and that the Companie shall by that time lade so much
Tobacco or other goodℯ abourd him as shall make in fraight 800li
besidℯ personall freightℯ.


13

And for somuch as for performance of this great worke, there was a
matter of 200li required to be disbursed in necessarie prouisions as
namely in Axes Shouellℯ Spadℯ and a Lighter wch come to the great-
est charge beinge estimated at 50li in all wch thingℯ there could be no
losse although the works did not proceed in reguard they would be of
great vse to the Colony: mr Deputy therefore moued to knowe the [3]
pleasure of the Courte for procuringe the said money seeinge the
Com̃on Stocke was longe since exhausted and the Companie already
fallen into debt (whereof my Lord of Southampton hath willed them
to be verie cautious and sparinge) Wherevpon, it beinge taken into
considerac̃on and the importancy of the worke duely waighed, and
withall it beinge signified that this money would be repaide againe by
the Colony who were contented to be at all the charge and would be
readie to make good what Contract soeuer the Company made here
with any such Vndertaker, if the Proiect did not proue feazeable;
The Court herevpon thought fitt to recom̃end it to the Quarter Court to
entreat some to take vpp so much money, and that it should be pro-
pounded that for his Security he should not only haue the Seale of
the Companie, but also all such Com̃odities as came from Virginia to
the Companies vse should be consigned to him vntill vpon the Sale
satisfacc̃on were giuen for all such debtℯ and dam̃ages whatsoeuer as
any such should stand engaged for.

And forsomuch as it was informed that in the time of Sr Edwin San-
dys beinge Treasuror and since there had well neare 5000li: bin paid
in old Debtℯ (due in Sr Thomas Smithes time) to the great exhaust-
inge of the com̃on Treasurie: This Court thought it equall and iust
that if any such debts were claymed hereafter (for wch neither
the Companies Seale nor any member of the Companie stood bound to
secure by consent of the Company nor did appeare by any order of
Court) the parties complayninge should be sent for satisfacc̃on vnto
such as were the Treasuror and Deputies in those times.

The Courte takinge into considerac̃on the request of mr Martin the
Persian touching the double charge imposed vpon his Tobacco by the
ffearmors for in reguard he was a Stranger and havinge informed


14

themselues of the priuiledge of their Patent, that giues them power to
enfranchies Strangers and make them capeable thereby of the like
im̃unities that themselues enioy; Haue therefore ordered that the
Secretary shall repaire to the ffarmors of the Custome with a Coppie
of the said Clause and that with the Courtℯ speciall com̃endac̃on of
mr Martin vnto them, and to entreat their fauor towardℯ him the
rather in respect of his good likinge to the Plantation whither he
intendℯ to goe againe, wch may happily encourage other Strangers to
the like resoluc̃on to goe ouer thither.

Sr Iohn Dãuers acquainted the Court with the good seruice that mr
Waterhouse had donne for the Companie in solicitinge of such as
stood endebted vnto them vpon their subscriptions, Amongst whome
findinge some Refusers and havinge made request vnto the Lo: Keeper
for his letters vnto them, as my lo: Chauncellor had formerly prom-
ised to doe (accordinge to the Tenor of his Mats Letters Patents)
whereby the Companie are to praye his best assistance, of wch Clause
the Lord Keeper beinge informed was desirous to see the priuiledge
of their Patent in that pointe: wch for that it could not be deliuered
without consent of a Court by reason of §th§ a late order: It was
nowe therefore agreed vnto, that mr Waterhouse should haue the
Patent to attend his Lop therewith and to bringe it backe againe.

It was further also moued that mr Waterhous Accountℯ might be
audited and considerac̃on had of the great paynes he had taken about
this buissines, wch the Court hath referred to the Auditors who are to
make reporte.

A request was likewise made in the behalfe of the Lady Dale who for
that her people in Virginia doe not performe couenantℯ with her
accordinge to their Contractℯ, but wronge her much in the proffittℯ of
her land due vnto her, for wch cause shee is nowe sendinge ouer a
Servant to require it of them, shee therefore desires the Companies
Letter of Comendac̃on to the Gouernor of Virginia to assist her said
Servant in the recouery of her said debtℯ, wch the Court hath prom-
ised shalbe made ready for her Lapp. [4]


15

The Lo: President makinge request vnto the Company by Letter in
the behalfe of a kinsman of his nowe goeinge to Virginia, that he may
be directed in the best courses, and be respected the rather for his
sake, The Courte hath promised to affoord him what fauoure they
may and therevpon gaue order for a Letter to be writt to the Gouer-
nor to that effect.

Vpon the moc̃on of some of Martins Hundred that the boundℯ of their
Plantation (where they are nowe seated might be extended so farr
either waye as might contayne the full proporc̃on of all the first diui-
sion together; It is ordered it shalbe com̃ended by letter to the Gou-
ernor to certifie what may conveniently be donn therein.

Order was giuen for drawinge vpp of two Patentℯ nowe moued in
Court; The one for Sr Iohn Brooke and his Associatℯ and the other
to mr ffrancis Harwell mr Sheldon and others Cr.

And for somuch as there were divers Patents to passe at this next
Quarter Court wch would require much time to examine; It was there-
fore agreed and ordered that the Quarter Court shall begin in the
fforenoon vpon Wedensday for the dispatch of them and some other
cursary buissinesses.

Mr Gibbs Treasuror for the maydℯ sent this last Sum̃er to Virginia
havinge had his Accountℯ audited did nowe present them to the veiwe
of the Court, wch gaue the Companie great contentment: Wherevpon a
moc̃on was made that the Aduenturers in the said Roll might haue a
ratable proporc̃on of land laid out together wch was due vnto them for
transportinge of the said Maydℯ wch they desired might be called
Mayds Towne: Wch the Court hath referred to the considerac̃on of
this next Quarter Court.

Mr Nicholas ffarrar beinge appointed Treasuror for the ffurr and
Glasse buissines, havinge audited the said Accountℯ did nowe present
vnto ye Company faire bookℯ of them to lye in open Courte: Wch the
whole Court did verie well approue of, and wished the like care had
bin taken in times past; And that these might be a President to all


16

other Accountantℯ hereafter, for clearinge their Accounts, with so
much content and satisfacc̃on to the seuerall Aduenturors and the
whole Companie.

Mr Howe the Cronicler makinge a request for 12li of Tobacco, Wch he
pretends was promised him yearely in considerac̃on of his paines and
willingenes to doe the Companie service in his Booke relatinge [to] the
Passages concerninge Virginia, The Court was pleased to graunt his
request for this yeare, givinge order that somuch should be deliuered
him of the Companies Tobacco wch he thankfully accepted of.

Mr Sparrowe mouinge for the Shares of land due vnto him, aswell
for the Aduenture of 50li paid into the Companies Treasury for wch he
had Bills to showe, As also for his 37li—10s wch he paid as he saith for
his Capeablenes, and likewise for the transporte of three Servantℯ
wch he sent to Virginia at his owne charge: It is ordered that vpon
proufe made of the premisses it shalbe allowed and assigned vnto him
vnder the attest of the Secretaries hand.

Whereas heretofore a generall order was made in the printed Publi-
cation that whosoeuer did put in 12li 10s Aduenture into the Lottary
and would waue his prizes should haue a share of land in Virginia in
leiue thereof, mr Ditchfeild moued that forsomuch as a frend of his
had performed that accordinge to the [5] said order that therefore he
might take the benifitt thereof in land as was intended; The Court
ordered that if vpon proufe appearinge his request should be graunted
but generally they could not extend that fauoure vntill the Lottery
Accountℯ were cleared.

Pharao Flinton a Surgion petic̃oninge for restoringe the land giuen
him by Sr George Yeardley then Gouernor as he saith in reward of
his service wch he pretendeth to be since taken awaye by Roger Smith
for the Companies vse, beinge cleared ground, or that in recompence
thereof, he might haue somuch cleared ground elswhere; it is ordered
that it shalbe com̃ended to the Gouernor for to examine the trueth of
this his informac̃on and accordingly to doe him iustice.


17

These shares of land passed the allowance of the
Auditors and approbation of this Court (vizt)

The younge Lo: Lawarre and the Lady Lawarre his mother, she as
Executrix of the last will and testament of the Lord Lawarre deceased
assigneth ouer fiue shares of land in Virginia of the personall Shares
vnto mr Iohn Parkhurst Cittizen and Grocer of London.

Sr Hen: Maynwaringe Knight assineth ouer two shares beinge parcell
of the fiue passed vnto him from the right Honoble the Ea: of Dorsett
vnto his Brother mr Thomas Maynwaringe of the Inn9 Temple London
esquire.

Sr Sam: Sandys knight standinge cleare and not indebted doth assigne
one share of land to his Sonne Sr Edwin Sandys knight the younger.

Mr William ffelgate Cittizen and Skinner of London assigneth ouer
one share vnto Toby ffelgate of Ratcliffe Marriner his brother.

Mr Phillipp Iacobson of London marchant assigneth ouer one share
of land in Virginia vnto his younger Brother mr Iames Iacobson of
London marchant.

ffrauncis Carter passeth ouer one share of land vnto ∥mr∥ Thomas
Addison of Lincolnes Inn in the Countie of Middlesex, esquire beinge
parcell of the later forty shares assigned vnto him by the right Honoble
the Lady Lawarr.

Mr Deputy puttinge the Court in remembrance of the elecc̃on of their
Officers vpon the next Wedensday namely the Treasuror Deputy
Auditors Com̃ittees and other Officers wch matter he doubted not but
they would take into their serious considerac̃on: It was generally
answeared by the Company that they hoped they should humblie
entreat the Lo: of Southampton once more to vouchsafe to hold
the place of Treasuror this third yeare vnder whome God had so
much blessed the buissinesses to their great and generall Ioye and
comfort. [6]

 
[1]

The handwriting of most of the first two hundred and fifty pages of this volume is the same as
that of the latter part of the first volume. It has there been referred to as that of the fourth copyist.