University of Virginia Library

At a Court held for Virginia on Wedensday in the Afternoone
the 12 Nouemb: i623

Present

   

Lo: Lawarr.	Sr Sam: Argall.
Sr Io: Dãuers.	Sr Walter Earle.

                                             

mr Nich: ffarrar.	mr Io: Cuffe.	mr Balmford.
mr Io: ffarrar.	mr Rider.	mr Kirby.
mr Tomlins.	mr Nicholls.	mr Truloue.
mr White.	mr Woodall.	nr Moorewood.
mr Gibbs.	mr Widdowes.	mr Geo: Smith.
mr Binge.	mr Bromefeild.	mr ffreake.
mr Paulavicine.	mr Woodnutt.	mr Mole.
Capt: Martin.	mr Edw Waterhowse.	mr Collett señ.
mr Wrote.	mr Swaine.	mr Sharrowe.
mr Keightley.	mr Wreosley.	mr Rossingham.
mr Baynham.	Martin Armenean.	mr Caswell.
mr Ewens.
mr Barbor.	mr Wm Browne.	mr Spruson.
mr Geo: Smith.	mr Rich: Bennett.	mr Barkham.
mr Tho Waterhowse.	mr Newport.	mr Berkeley.
mr Hackett.	mr Edwards.	mr ffeatley.
mr Sparrowe.	mr Morris.	mr Webbe.
mr Hurd.	mr Copland.	With diuers others.
mr Elkington.	mr Scott.
mr Ley.	mr Truloue.
mr ffran: Waterhowse.	mr Shippard.
mr Risely.	Capt. Brewster.
Polander.

Mr Deputie acquainted the Court with two thingℯ, first with the good
newes that was come from Virginia by the Shipps lately returned
from New-England (where a Pynnace from Virginia arriued before
they came away,) and brought diuers perticuler Letters that do import
thus much; namely that the Colonie in Virginia haue recouered health,
that they were in hope to haue a plentifull haruest of Cane and Tobacco
that Opachankano is slaine and as some affirme 150 of his great men
and that or English were then goeinge out againe to pursue the rest of
them: and to distroy their Corne: wch newes is also confirmed by
diuers that came home in the said Shipps and that there was hope
they should receaue a more perticuler relac̃on hereof by the generall
Letter to the Companie that came in the Pacquett that was nowe in
the Com̃issioners handℯ: Yet in the meane time hauinge by so many
and vndoubted wayes vnderstood the same confirmed he said he
thought it fitt to impart it to the Court that wth him they might all
praise God.

Hee further acquainted the Court that since monday last himselfe and
diuers members of the Companie had bin serued wth processe out
of the Kings Bench by vertue of a Quo warranto prosecuted by mr
Atturney against the Companie, the Tenor of wch Quo warranto was to
knowe by what authority they claime to be a Companie and to haue
and vse those liberties and priuiledges as are related in the said Quo
waranto, and most of them taken for those wch are contayned in his
Maties Letters Patents vnto the Companie: Of wch Quo warranto he
presented two Copies in Court the one in latin and the other in Eng-
lish;[189] wherevpon the Companie desired that in English might be read
wch being Donne the Companie conceauinge and acknowledginge this
legall manner of proceedinge to be faire and with much fauor from
his Matie desired the Defendants to take espeaciall care of the buissines
as beinge the Companies cause although prosecuted by perticuler
names, their Patent beinge called in question wch they conceaue was
therefore to be pleaded.

And further as touchinge the charge of this suite (wch was conceaued
would be verie great) it was generally thought fitt it should be borne
by the Companies generall Stocke, and therevpon vnanimously agreed
and ordered by a generall erecc̃on of handℯ (not one dissentinge) that
what Disbursements should be made by the Defendants and others in
this suite (prouided it were for the Companies cause and Defence and
not for matters that vpon the issue shall fall vpon perticuler p̱sons
and their Acc̃ons) should be ∥duely∥ repaid vnto them by the Companie.

And it was likewise ordered that the entertayninge of Counsell
Atturneyes Cr in this buissines should be left to the choise and care
of the Defendantℯ.

Sr Iohn Dãuers and mr Tomlins were entreated by the Court to speake
with Sr Henry Martin Iudge of the Admiralty to desire that fauor of
him as to respite his ∥the∥ further proceeding in the cause between
Wye and the Companie (nowe Dependinge before him) vntill the said
Wye returne into England from beyond the Seas.

Mr Deputie informed the Court that his Maties Com̃issioners intendinge
to meete on ffriday next to consider of such References as came from
the Lordℯ vnto them; Amongst wch the case of the Polander and that
of the Widdowe Smalley were nowe come to their handℯ to be exam-
ined: Had therefore warned him and such others as the Companie
should thinke fitt to attend them that day (they havinge nowe the
Companies bookℯ returned vnto them from the Lordℯ:) The Court
herevpon praid mr Deputie to attend them accordingly as being best
acquainted wth the passages of their Courtℯ concerninge them. [345]

Mr Hackett desired in the behalfe of mr Morgan that whereas there
was a Debt longe due vnto him from the Companie since there was no
ready money to discharge it, he might haue the Companies Seale for
security.

Mr Deputie likewise moued in the behalfe of his Brother and himselfe
that havinge engaged themselues diuers wayes for the Companie and
laide out much money since the last Accompt it would please the

Court to thinke of some course for their discharges as soone as might
be and that in the meane space they might haue the Companies Seale
§to§ secure them for such moneys as they had disbursed since the last
Audite and likewise to saue them harmeles from all engagemt wher-
into they had ruñ for the Companies cause onely and by their order
as namely for the ffrenchmen Cr.

The Officers likewise to whome there are much wages due desired
the like considerac̃on and care as namely the Secretary, Husband,
Bookeeper, and Beadle: And mr Deputie acquainted them with a
petic̃on of ffrancis Carter in this kinde who claimeth 60li, but it beinge
late the Court would not heare it read but it was conceaued most fitt
and requisite to giue the seuerall p̱ties satisfacc̃on in this kinde till
the Companie could make them payment: And therevpon it was by
a generall erecc̃on of hands ordered that vpon due examinac̃on and
proofe of the p̱ticulers alledged the Seales should be giuen the next
Quarter Court and in the meane space the Auditors were entreated to
meete concerning these matters and to sett them straite and ∥to∥Drawe
vp such Draughtℯ for the seuerall securities as were fitt to be passed
in the Quarter Court.

Mr Iohn ffarrar moued that whereas the Companie had out of their
loue & approbac̃on of his seruice bestowed vpon him 20 shares great
shares It would nowe please the Court to confirme them vnto him in
the next Quarter Court vnder their Seale.

And that whereas likewise there was due vnto him [190] shares of
land for about 40: p̱sons sent, those p̱sonall shares might be reduced
vnto great shares vizt euery two p̱sons to make one great share of old
Aduenture: The Court condiscended to both these moc̃ons and the
Auditors were intreated to consider of fitt Drafts thereof against the
next Quarter Court and such as might serue for others in the like cases.

A ɫre from an vnknowne p̱son beinge presented to the Court and read
wherein was enclosed two peeces of gold of 40s for a Sermon to be
preached this yeare (as was the last) before the Companie: It beinge

taken into considerac̃on it was thought fitt (and so agreed) the Sermon
should be respited for a time in reguard of the present troubles of the
Companie.

Mr Caswell prayinge allowance for the money he disbursed ouer aboue
that he receaued of the Companie for their last Sermon feast at Mar-
chantaylors Hall beinge then their Steward was referred to the Auditors
to be farther considered of.