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An extraordinary Courte helde the 20th: of march 1620
  
  
  
  
  
  
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323

An extraordinary Courte helde the 20th: of march 1620

Present
ye Right Honoble͠: The Lord of Southampton.

                   
mr Treasuror.  mr Tomlynℯ.  mr Briggs. 
Sr Iohn Dauers.  mr Harbert.  mr Cranmer. 
Sr Io: Wolstenholme.  mr Rogers.  mr Berblock. 
mr Io: Wroth.  mr Keightley.  mr Meuerell. 
mr Deputy.  mr Bamforde.  mr Robertℯ. 
mr Tho: Gibbes.  mr Iadwin.  mr Mellinge. 
mr Bromfeild.  mr Ditchfielde.  mr Baldwin. 
mr Sam: Wrote.  mr Barnell.  mr Arundle. 
Capt Argoll.  mr Caswell.  mr Whyffin. 
Dr Winstone.  mr Ferrar señe. 

One Penecell who sometimes lived a frend in Virginia beinge imployd
in the Treasuror, and accidentally att her settinge out fallinge vppon
the Sommer Ilandℯ where now hee remayneth sent his petic̃onary ɫre
to the Treasuror and Compa: to be released from thence that hee might
returne to Virginia and there reportlant him wch was conceaved to be
very reasonable vppon wch they have thought good to recom̃end the
said ɫre to the Somer Ilandℯ Courte.

Mr Penecellℯ ɫre
to returne from ye
Som̃er Ilandℯ to
Virginia recom̃-
ended to ye Somer
Ilandℯ Courte.

The Councell haveinge heard the generall ɫre from Sr George Yeardley
gave order for the sattisfacc̃on of the Company that itt should be
publquely read vnto them wherin was Complainte of Sandys greiv-
ances done by Capt Samuell Argoll p̱tly concurringe wth some of the
12 Articles by the Company exhibited against him, vnto wch hee
haveinge formerly delivered his answere to fower of them did now
present answers to the rest wch vppon the moc̃on of ye Companies
Councell mr Thr̃er delivered to the Secretary for to Coppy out and to


324

keepe the originall wherby hereafter the said Capt Argoll may not say
butt that they are the very same wch hee now delivered, And foras-
much as hee informeth that divers of Virginia were lately com ouer
& nowe here wch can give testimony of his p̳ceedings hee therfore
desyred a Comission from this Courte wherby to examine them for
the better cleeringe of himselfe, butt beinge answered that itt was not
fittinge himselfe should examine them butt rather some of the Coun-
cell, to wch purpose they would nõiate fower and hee should nominate
other fower, and they would except against them two of his, and hee
should except against two of thers, wch 4: or 2: of them so they be
of either side one as they are chosen shall take the testimony of them
accordingly to wch hee willingly condiscented and named Sr Nath:
Rich; Sr Ferdinando Gorge, mr Recorder, and mr Ma: Abot of wch
the Compa: excepted against Sr Ferd: Gorge, and Sr Nath: Rich wch
done the Company named Sr Io: Dauers, mr Christopher Brooke,
mr Gibbℯ, and mr Deputy of wch hee excepted against mr Brooke and
mr Deputy so that the 4 chosen for this buisines are
       
Sr Iohn Dauers &  for ye Company. 
mr Tho: Gibbes 
mr Recorder &  for Capt Argoll. [90
mr Mo: Abbot 
Sr George Yeard-
leyℯ letter pub-
liquely read wher-
in was Complainte
of Sandys greiu-
ances done by Capt
Argoll.
The answers d̴d̴ to
ye Secretary to Coppie out and to
keepe ye Orignallℯ.
Comissioners ap-
poynted to exam-
ine ye passengers
now com ouer.

The good Ship called the George after a longe continuance outt
beinge returned and bringinge an exceedinge charge to the Company
and all that is to be expected for the bearinge of the Charge beinge
the fraight of Tobacco com in her and ye fishinge Voyadge shee was
employed in, Itt was agreed that the Husband should looke carefully
to itt, and not deliver outt any goods butt by certificate from mr Dep-
uty that the fraight therof beinge 4d vppon a pound be payd vnto
him, And for the other the Courte hath chosen mr Cranmer for the
Company and mr Keightley for the Magazine entreatinge them to
examine & Cast vp what profitt may be therby accrew by the said
fishinge, that wthall possible speed the ffraight and wages of the said
Company Ship may be discharged and the Company sattisfied for such
allowances towards the same as shall fall out due vnto them.

The Georg a great
charge to the Com-
pany.
The Husband to
deliuer out no
goodℯ but by cer-
tificate from ye
Deputy.
Mr Cranmer for ye
Company & mr
Keightley for ye
Magazine


325

And wheras mr fferrar Deputy sent out the Garland to ye service of
ye Company wth 45 men of his and his Associates to be left in Vir-
ginia for the preparinge and makinge reddy of buisines against the
Springe intendinge together wth his Associates to have sent divers
others for the settinge vp of Iron Workes as allso that the Councell
hath sent sundry letters by Wye, mr of the said Shipp now for asmuch
as hee was appoynted to touch at the Summer Ilandℯ and leave some
men there and so p̳ceed hee notwithstandinge contrary to their direc-
c̃ons and as hee was bound by Charter party findinge that extraordi-
nary gaine would redound vnto him by the great quantitie of Tobacco
wch ther was redy to come for England diverted his Course from Vir-
ginia, lefte the men wth their provisions in the Som̃er Ilandℯ and
what is become of the L̃res itt is vncertaine, hee beinge required since
his Cominge home att a Sum̃er Ilandℯ Courte, to bringe them to mr
Thr̃er and hath not yett p̱formed itt, And forasmuch as vppon the
moc̃on of mr Ferrar in the last Somer Ilands Courte itt was there
ordered that his wages should be deposited till the differrences betwixt
them were ended hee therevppon hath anihilated the same by repayr-
ing to ye Admiralty and by puttinge in bayle to answer his Acc̃on hee
shall enter against him in respect wherof and in considerac̃on of the
greate wronge and preiudice hereby falleth to the Company, (Itt was
agreed beinge putt to the question) that the said Compa: shall ioyne
wth mr fferrar in the sutte against him, and to that end to entertaine
a Procter, and Advocate and have entreated for the Company Dr
Winstone and mr Berblock to follow itt for them, and for the defray-
inge of the Charge have entreated mr Thr̃er to disburse vppon warr̃nt
what shalbe needfull.[245]

The Garland sett
out by Mr Ferrar
and his Associatℯ
Mr Wye beinge to
touch at ye Sum̃er
Ilandℯ and so to
p̳ceed diuerted his
Course from Vir-
ginia and lefte his
men & prouisionℯ
at ye S: I:

The Actes of the generall assembly in Virginia beinge yett to read
together wth a ɫre wch mr Yeardley desyreth may be read for the cleer-
inge of his Brother Sr George Yeardley because itt was held incon-
venyent to spend an ordinary Courte therwth itt was agreed that
munday next in thafternoone be apoynted for the purpose.[248] [91]

The readinge of ye
Actℯ of ye generall
assembly in Vir-
ginia and mr
Yeardleys ɫre in
behalfe of his
brother be re-
ferrd.

 
[245]

The papers on this subject are cited in List of Records, No. 149, page 137, ante.

[248]

Two letters concerning these acts are cited in List of Records, Nos. 154, 171, pages 138 and 140, ante.