University of Virginia Library

A Quarter Court held for Virginia on Wednesday in the
Afternoone the i9TH of Nouember 1623.[191]

Present

     

the Right Honoble	Lord Lawarr.
	Sr Thomas Wilforde.
	mr Spencer.

                               

mr Deputy.	mr Casewell.	mr Sparrow.
mr Garrett.	mr Blande.	mr Cartwright.
mr Wrote.	mr Whitley.	mr Gibbs.
mr Io: fferrar.	mr Sheldon.	Capt Bargraue.
mr Iohn Smith.	mr Newporte.	mr Scott.
mr White.	mr Thornhill.	mr Hobbs.
mr Bynge.	Capt Martin.	mr Copeland.
mr Tomlyns.	mr Woodall.	mr Rogers.
mr Palavicine.	mr Purchas.	mr Edwar: Waterhouse.
mr Balmforde.	mr Russell.	mr Hurd.
mr Bromfeilde.	mr Leauer.	Capt Smith.
mr Wrothsly.	mr Cuffe.	mr Hackett.
mr Sheppard.	mr Viner.	mr Mullins.
mr Ryder.	mr Seawarde.	mr Selby.
mr Berkley.	mr Barkham.	mr Rich: Bennett.
mr Swinhoe.

                             

mr Keightley.	the Polander.
mr Martin.	mr Wiseman.
mr Colthurst.	mr Woodnott.
mr Withrall.	mr Nicholls.
mr Rich: Perry.	mr Robins.
mr Eldred.	mr Couell.
mr Edwards.	mr Ewens.
mr Willmor.	mr Kirrell.
mr Collett.	mr Thomson.
mr Pruson.	mr Tho: Waterhouse.
mr ffreake.	mr Barker.
mr Berblock.	mr Meuerell.
mr Norwood.	mr Bull.
mr Bolton.	mr Berkley.
mr Elkinton.	Wth divers others. [348]

The Preparative Court held the 17th of this monneth was read and by
a generall erection of hands approved to be rightly sett downe.

In wch Court mr Deputy haueinge made a breife Relac̃on of ye Con-
tents of the generall letter from the Counsell of Virginia vnto the
Company here (as haueinge read itt before his Maties Comissioners on
ffryday last) hee did now signifie that since that time itt had pleased
the Commissioners vppon request of the last Court, to send him the
Original letter itt selfe that itt might be read att this present Court
(requyringe itt to be afterward returned vnto them againe) Wher-
vppon the said letter was read the Coppie wherof doth here ensue.

The Colony god be thanked hath recovered health, & nothinge wants more
then suddaine & great supplies of people well furnished to giue p̱fecc̃on to this
noble Action, wherin wee beeseech the allmightie to prosp̱ yor and our endeav-
ours, Thus wee humbly take our leaves & remaine. Att yor Comaunds.

       

Ivne ye 14th 1623.
	Iohn Pountes.	Christ. Dauison: Roger Smith
	Fra: Wyat:	George Yeardly
	Georg Sandys	Iohn Pott [349]

Captaine Martin as before the readinge of this generall letter, soe
nowe againe moved verie earnestlie that the three letters he presented
to mr Deputy might be publiquely read in Court, sayinge they were
Coppies of pryvate letters that came from Virginia, dated in Ivne &
Iuly last Butt the Court vnderstandinge they were onely Coppies and
not ye Originallℯ did generally hould itt vnfitt they should be read.

Notwithstandinge forasmuch as Capt Martin still pressinge the read-
inge of them, mr Deputie putt itt to the question, and by a generall
erection of hands (except one that dissented) thet were denyed to be
read.

After this mr Deputie p̢sented to the Court ffower seuerall Draughts
wch the apoynted Com̃ittee by order of the last Court had drawne vpp
and caused to be engrossed beinge these wch followe.

ffirst a Confirmation of Twentie shares to the Right honoble͠ the Earle
of Southampton, wch the Company in a thankfull acknowledgment of
his noble Deserts and meritts both from themselvs and the Plantac̃on
(they haueinge no other means to express their love) haue given vnto
his Lop. A Coppie wherof doth here ensue.

Wch beinge Read and approved was by a generall erecc̃on of hands
(noe one dissentinge) ordered to be sealed. [350]

The second was likewise a Confirmac̃on of Twentie Shares vnto Sr
Edwin Sandis wch the Company had formerlie given him as a testi-
money of their love and thankfullnes for his extraordinary well
Deservinges of the Company and Plantac̃on, both before and in the
time of his Treasurorshipp and since as will more att large appeare by
the Graunt itt selfe wherof ye Coppie doth here ensue.

Wch beinge read and approved the Court vnanimouslie agreed and
ordered by a generall erecc̃on of hands, (except 5 that dissented)
that the said Graunt should be sealed. [351]

The third was likewise a Confirmac̃on of Twentie Shares vnto mr
Iohn fferrar, wch the Company had allso formerlie given him in testi-
monyall of their thankfull acknowledgmt and approbac̃on of his good
and faithfull service p̱formed for the Company in the time of his
Three years Deputiship and since as more fully appears by the said
Graunt wherof the Coppie doth here ensue.

Wch beinge read after a good pause and no man takinge excepc̃on
therevnto mr Deputie puttinge itt to ye Question itt was vnanimously
agreed and Ordered by a generall erecc̃on of hands (one onely Dissent-
inge) that ye said Graunt should be sealed. [352]

Mr Deputie presented likewise an Accompt of his Receipts and
Disbursments made since the Auditinge of his former Accompt wch
the Auditors and Com̃ittees haveinge lately before examined and
Audited had in the foote therof made this Reporte followinge.

This Accompt aswell what hath been therin Disbursed wthout p̱ticuler
warr̃nt as well as by warr̃nt was Audited by vs the 18th of November
1623: Soe that wee finde yt Nicholas fferrar hath Disbursed for the
Virginia Company since his last Audite.

         

	li	s	d
ffirst as appeareth on the other side	48:	14.	06—
And more as appeareth on this side	25:	05.	08—
More restinge Due on his form9 Accompt Audited the 12th of May 1623	05:	14.	08—
Soe that wee finde due to him from the Company this 18th of Nouembr 1623	79:	14.	10

       

Iohn Dauers.	Iohn Bland.
Patrick Copeland.	Isack Seaward.
Richard Casewell.	Richard Wiseman.
Iohn fferrar.

Mr Deputie herevppon acquainted the Company that ye Auditors and
Committee aforenamed accordinge to the Order of the last Court had
drawne vpp the forme of a Securitie to be passed vnto him vnder the
Seale aswell for repayment of the said sum̃e of 79li: 14s: 10d due vnto
him as allso for what further engagments himselfe and his Brother
haue since the Auditinge of his former Accompt or shall herafter runn
into for the Companies cause and by their Order A Coppie of wch
securitie is here incerted.

To all to whome these p̢ñts shall come The Treasuror and Company
of Adventurers and Planters of the Cittie of London for ye first Colony
in Virginia send Greetinge Wheras by testimoney vnder ye hands of
the Auditors and Com̃ittees dated the 18th of November 1623, itt hath
appeared to this Court yt Nicholas Ferrar Deputy of the said Company
hath since the Twelth of May last togeather wth what remayned due
vnto him Disbursed the some of Seauentie Nine poundℯ, ffourteen
shillings & Tenn pence by good and sufficient warr̃nt and for the
especiall service and behoofe of the said ∥generall∥ Company: Wee
therfore the said Treasuror and Company Doe by these presentℯ
acknowledge ourselvs indebted vnto ye said Nicholas fferrar the some
of 79li 14s 10d, And Doe binde our selvs and Successors to pay and sat-
tisfie vnto the said Nicholas Ferrar the said sume of 79li: 14s: 10d
And wheras ffurther the said Nicholas fferrar, and Iohn fferrar his
brother late Deputy of the Company Doe stand ingaged for the pay-
ment of divers Sumℯ of monney for wages to severall p̱sons and others
for the onely Debt and behoofe of vs the said Company, into wch
engagement they entred att the entreatie of vs the said Treasuror and
Company: Now know yee that wee the said Treasuror and Company,
doe for our selvs and Successors p̳mise Coveñnt and agree to keepe
and saue harmeless ye said Iohn and Nicholas fferrar their Executors
administrators and assignes from all such seuerall engagmts as they
haue entred into for our service and behoofe and to cause the said
Som̃es as they shall respectively growe ∥fall∥ due to be truly paid
and discharged, and for ∥the∥ further securitie [353] of the said
Nicholas and Iohn fferrar in ye premises, wee doe hereby order &
agree that itt shalbe lawfull and ffree for the said Iohn and Nicholas

fferrar to take and receave to their owne prop̱ vse and behoufe all such
Debts monneys or goods as belong §to§ vs the said Company and they
can procure or receave and to dispose and sell them till they be fully
sattisfied and discharged of ye monney alredy layd out or that herafter
vppon their engagementℯ for our behoufe and service they shall lay
out vntill they be fully sattisfied and paid all such som̄es together wth
all interests and damages that shall arise therby. And itt is ordered
and agreed that the Acquittances of the said §Nicholas &§ Iohn fferrar
shalbe a sufficient discharge vnto all such as shall pay them any
monneys vntill the aforesaid Debts and engagements be fully sattisfied
& cleered And in Confirmac̃on of the premises wee haue caused our
Com̃on and Legall Seale to be herevnto affixed. Given in a great and
generall Quarter Court held for Virginia the Nineteenth of Nouember
1623: And in the years of the raigne of our Soveraigne Lord the Kinge
of England ffraunce and Ireland the one and Twentieth, and of Scot-
land the seven & ffiftieth.

Wch beinge read the Court approved and by a generall erection of
hands (one onely dissentinge) ordered itt to be sealed.

Mr Casewell likewise acquainted the Court, that wheras hee wth
on other were appoynted Stewards for p̳vidinge the Supp̱ kept att
Marchant Taylors Hall the last yeare for the Company, and for defray-
inge the charge of the said Supp̱ haveinge Disbursed all the monneys
hee receaved from the Adventurers (as appeared by a p̱ticuler Accompt
therof long agoe p̢sented) hee had been lately arrested by a Poulterrer
for certaine monney due to him vppon that Acc° and therby forced to
pay to him and others to the Sum̃e of 14li: 17s. 00 more then hee
receaved, for repayment wherof for soe much as the former Court
had Audited ordered hee should haue securitie vnder the Companies
Seale, hee prayd itt might be expedited and passed accordinglie by
Order of this Court Wch request the Court takinge into Considerac̃on
and thinkinge itt a most vniust and vnworthie thinge that hee beinge
specially requested to vndergoe that troublesome Office, and haueinge
p̱formed itt soe well to their good Content should be soe much Dampni-
fied, did therevppon Order and agree by a generall erection of hands

(except three that dissented) that his securitie should be forthwth
Drawne vpp and passed vnder the Companies Seale for repayment of
the said sum̄e of 14li: 17s 00d out of such monneys as should com into
the generall bodie of ye Company. And further that the Companies
good acceptance of his care and paines in that service was such as
deserved a p̱ticuler acknowledgment of thankℯ from them.

The next thinge taken into Considerac̃on was that waightie Proposi-
c̃on lately made by the Lords of the Councell vnto the Company
touchinge the surrendringe vpp of their Charters: [354] Concern-
inge wch and that itt might be the better vnderstood what had former-
lie passed these severall Courtℯ of the 15th, 20th and 22th of October
were read as allso that of the 12th of this p̢sent moneth Wherby itt
appeared that although the Company in their answere would haue
referred their resoluc̃on touchinge the said Proposic̃on till the Deter-
minac̃on of this Quarter Court yett their said Answere was not
accepted by their LLps: and since that time another course was now
taken to bringe that buisines to a Legall tryall as appeared by the
Quo warranto prosecuted by mr Atturney against the Company. Soe
that itt was conceaved that itt was too late and out of season to take
that Propsic̃on againe into a fresh Dispute as was desyred by some;
butt rather to consider whither this Court would confirme the pro-
ceedings of the former Courts touchinge the aforesaid Proposic̃on,
and soe holde to the Plea of their Charters wch were now questioned.
Whervppon after mature Deliberac̃on mr Deputie att the desire of the
Court putt itt to the question, and by a generall erection of hands
(seaven onely dissentinge) the Court vnanimously agreed and ordered
that the p̳ceedings of the aforesaid Courts touchinge the not sur-
rendringe vp of their Charters should hereby be ratified and con-
firmed.

Itt was allsoe propounded, that for the better prosecution of soe
waightie a buisines (wch would require often and serious Consultac̃on,)
that a large Committee might be appoynted to Consult and giue Direc-
c̃on as often as Occasion should be offered. Wch Proposic̃on the Court

conceavinge to be verie important and of great necessitie did ther-
vppon agree and order by a generall erecc̃on of hands (five onely dis-
sentinge) that the Grand Com̄ittee formerly appoynted should take
care to dyrect all matters requisite & app̱teyninge to that buisines.
And that thervppon the Deputie should haue authoritie to sum̃on
them att all times or such parte of them as hee should thinke meete.

A moc̃on was likewise made yt the Lords of the Counsell might be
humbly petic̃oned by the Company for restoringe their Books and
writings wherby they might be the better enhabled to prepare their
proofs and make their Defence in that waightie cause now in hand,
wch Moc̃on the Court well approved of, and thervppon ordered by a
generall erecc̃on of hands a Petic̃on to be drawne vpp accordinglie.

Mr Binge hearinge this moc̃on of Petic̃oninge the Lords for ye Com-
panies Books, said (as hee was goinge out of the Court) that lett them
make as many Petic̃ons as they will, they shall [355] assoone haue
a Haulter as haue them: Wherof present Complainte beinge made,
and the words iustified by three that over heard him namely by mr
Gilbert Morewood, mr Wiseman, and mr Spruson, the Court were
much troubled therat, and held itt fitt to be complayned of to the
Lords of the Counsell.

The Quarter Courte of the 15th of Ivne last was read: Wherin for so-
much as itt appeared, that the Company did then in obedyence to his
Maties Letter forbeare the Election of their Officers, and continue their
old till this present Quarter Coort. Mr Deputy moved the Coort
would now p̳ceed to a new Choyce: wch buisines beinge taken into
considerac̃on, Itt was att length for many important reasons thought
fitt and ordered by a generall erecc̃on of hands (two onely dissentinge)
that all the present Officers of the Company should be continued in
their places vntill a new Elecc̃on in a Quarter Court.

Mr Deputie made knowne to the Court that since May last there haue
gone to Virginia ffourteen Saile of Shipps most of them laden wth

Provisions wherin there haue been transported about the number of
340 p̱sonns, as more p̱ticularlie appeares by the note hee then pre-
sented and read wch is here inserted.

The Court beinge made acquainted by mr Deputie that for sattisfiinge
the monney issued out of the Stocke given for buildinge of the East
India Schoole intended in Virginia and employed vppõ the publique
buisines of the Company, the Com̃ittee vppõ a Treaty wth mr Copeland
thought fitt an allowance be made either in Cattle or by turninge ouer
some of the Companies Tenants for the vse [356] of the saide Schoole;

Did thervppon agree that accordinglie sattisfacc̃on should be made by
the Company to the full for the monney soe borrowed and employed.

Itt was allsoe agreed accordinge to a Treatie had wth mr Maurice
Berkley by the said Com̃ittee that hee should haue his Three requests
wch hee made in his Petic̃on to the former Court: (vizt) that hee
should be released and sett free from the Companies service. Sec-
ondlie that for makinge of Salt hee should haue the vse of the Com-
panies Panns in Virginia. Thirdly that hee shall haue the proporc̃on
of Land sett out and assured to him and his heirs forever wch was
formerlie p̳mised to him and his ffather Cr.

Mr Tomlyns passed one Share of Land to mr Edward Olliuer, wch
beinge propounded in the Preparatiue Coorte and now againe and noe
excepc̃on taken theratt, was confirmed vnto the said Edward Olliver
and hee thervppon admitted.

Vppon moc̃on order was given for a Comission to be drawne vpp and
sealed for William Peirce mr: of the good Shipp called the Returne of
100 Tunns bound for transportac̃on of Passengers to Virginia.