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At a Court held for Virginia the i3th of March i621
  
  
  
  
  

At a Court held for Virginia
the
i3th of March i621

    Present

  • Sr Io: Dauers.
  • Sr Phil: Carey.
  • Sr Io: Wolstenholme.
                                                   
mr Deputy ffarrar.  mr Wiseman.  mr Parker. 
mr Gibbs.  mr Iadwin.  mr Newport. 
mr Wrote.  mr Copland.  mr Swinhowe. 
mr Ro: Smith.  mr Syward.  mr Baynham. 
mr Kightley.  mr Meuerell.  mr Taytã. 
mr Io: Smith.  mr Combs.  mr Kingston. 
mr Shippard.  mr Mellinge.  mr Ma: Shippard. 
mr Steward.  mr Barnard.  mr Hickford. 
mr Binge.  mr Caswell.  mr Barkham. 
mr Tomlins.  mr Weston.  mr Martin. 
mr Scott.  mr Abr: Chamb̴len.  mr Widdowes. 
mr Palmer.  mr Wynn.  mr Viner. 
mr Bennett.  mr Robertℯ.  mr Caninge. 
mr Barbor mr Whitly.  mr Dichfeild. 
mr Morewood. 
mr Eldred. 
mr Leuer. 
mr Harrison. 
mr Darnelly. 
mr Bland. 
mr Bolton. 
Capt: Bargraue. 
mr Edwardℯ. 
mr Geo: Smith. 
mr Raph ffogge. 
with diuers others. 


613

Whereas mr Deputy acquainted the former Court with that newes he
had receaued by word of mouth of the safe arriuall of eight of their
shipps in Virginia Wth all their people and prouisions, sett out this
last Sum̃er, he nowe signified the Generall Letter was come to his
handℯ importinge as much as had bin formerly deliuered wch letter for
more perticuler Relac̃ons did referr to the Letters sent by the George
wch he hoped they should shortly heare of. [336]

Vpon Declaration of the Companies thankefullnes vnto God for this
ioyfull and welcome newes from Virginia a moc̃on was made that this
acknowledgement of their thankefullnes might not onely be Donn in
a priuate Court but published by some learned Minister in a Sermon
to that pub purpose before a generall Assemblie of the Companie: wch
moc̃on was well approued of and thought fitt to be taken into con-
siderac̃on vpon returne of the George, wch was Daylie expected when
they hoped they should receaue more p̱ticuler aduertisement touch-
inge their affaires in Virginia.

The appointed Comittee hauinge drawne vp a Declaration by waye of
Aunsweare vnto Captaine Martins Certificate and Patent the same
was nowe presented in Courte and read. ∥being this that followeth∥

Right Honorable

Wheras at a greate and Generall Quarter Courte for[1059] Virginia held the xxxth
of Ianuary last their was presented ∥to∥ the said Courte a Certificate on the
behalfe of Capt: Ino: Martin in ye name of ye Counsell & Compa: for his Mat
here resident conteyninge a Declaration of his worth and services and therby
reputinge him to be worthie to enioy the Patents and priveledges therin
graunted vnto him subscribed by some Honoble personns and others: divers
of whome the Company conceavinge not to be fully enformed of the truth of
all passages in that buisines, have therfore thought itt their duty to give vnto
them and p̱ticularly vnto yor LoP: a true Accompt of ye State and Carriage
therof.

May it please yor LoP: therfore to be aduertised

That wheras the said Company are lymitted and dyrected by his Mats ɫres
Patentℯ to 4 great and generall quarter Courts onely for passinge of all


614

matters of greatest waight and p̱ticularly for disposinge of the land in Virginia
∥and∥ as beinge a fundam̃tall Lawe was notoriously knowne to all the
Company & for further caution hath bine from time to time accordingly
Declared to the Planters as an Ordinance from his Maty: to be invyolably
observed.

Contrarie here vnto ther was p̢sented att a pryvate inferior Courte 2 seuerall
Patents ready engrossed (ye Compa: not beinge afore acquainted wth them) the
one Constitutinge the said Capt Martin Mr of the Ordnance the other conteyn-
inge a Graunt of Land vnto him his heirℯ executors and assignes, By wch pryvate
Courte called extraordinarilie and as by ye effect appeared for yt onely buisi-
ness the said Patent was vnlawfully and vnduly passed notwth standinge ye
dislike of divers then p̢sent but yett neuer had ye Confirmac̃on of a Quarter
Courte.

Secondly the said Patent for Land doth conteyne an intended graunt of divers
exorbatant pryveledges and trans̴cendent liberties to Capt Martin apparantlie
repugnant to iustice and the good Gouerment of the generall Graunt Plan-
tac̃on wch the Compa: by his Maties ɫres Patents to them could not graunt as
namely the exemption of ∥all∥ the people within his Lands from ye Gouermt
of the Gouernor and Counsell in Virginia and from all other services of the
whole Colony there (except in case of Warr) and allso a graunt of vnlymited
ffishinge, And allso ye ffifte p̱t of all rich Mynes, And to enioy all other Mynes
found by him his heirℯ or assignes and of Com̄on Martes to be erected att his
pleasure & many other in generall indefinite liberties as appeareth in the said
Patent; By collour of wch exorbitant Patent many great inconvenyencies have
followed to ye Company & Colony. as in p̱ticularr Capt Martinℯ refusall to
submitt himselfe to ye Lawes and orders ∥of the Colony∥ in Virginia.

And yt his Plantac̃on is made a Receptacle & Harbor of disordered p̱sonns who
subterfuge thither from ordinary Iustice, All wch & many other mischeefℯ
have been often Complayned of by ye Colony att their p̱ticularr and generall
Assemblies and by ye Gouernors there and most greivously by Capt Argall
himselfe then Gouernor by his letter to the Company, notwithstanding his
owne subscripc̃on to Capt: Martins saide Certificate in approbac̃on of the said
Patent vppon wch ɫre an order was made in a great and generall Quarter Court
in May 1618, and a Comittee appoynted to examine and reforme ye said Patent
there being p̢sent att yt Court Sr Thomas Smith and mr Alderman Iohnson
then Tr̃er and Deputy to this Company so yt itt seemeth strange to ye Compa:
to finde their handℯ allso to Capt: Martinℯ Certificate contradicting the Act of
yt great Courte wherin themselvs were ye principall directors: Moreouer ye
said inconveniencies have been lately testified Viua Voce before ye Company
in open Courte. [337]


615

Lastly ye Company have and doe allwaies offer to grant ye said Captaine Martin
(of any of whose good demerritts they should be glad to heare and cherish)
vppon surrender of his former a new Patent of all his Land wth as large and
ample pryveledges as any other hath wch fauour all butt himselfe have most
willingly & thankfully accepted of.

The said Certificate of Capt: Iohn Martin was subscribed to with these names
vizd

           
Pembroak.  Tho: Smith. 
Ro: Warwick.  ffra: West. 
Leicester.  Wm: Stt Iohn. 
Mountgomery.  Robt Iohnson. 
Sheffeilde.  Samuell Argall. 
Ro: Mansell.  Wm Caning. 

Wch Declaration beinge read and some wordes[1060] altered that might
fitt it to the qualitie of those that were no lordℯ that had subscribed
to the said Certificate and after put to the question was well approued
of and order giuen to the Secretary to make diuers Copies thereof the
Court entreatinge Sr Io: Dãuers and mr Tomlins to deliuer vnto such
Lordℯ as had subscribed therevnto a perticuler Coppie of the Com-
panies aunsweares as also vnto the said Certificate as also vnto the
Mrs of Requests wch they were pleased to vndertake and for the rest
order was giuen to the Secretary to deliuer a Coppie to each of them.

Whereas the former Court appointed the Secretary to Drawe vp a
Certificate in the behalfe of Wm Capps[1061] in testimony of the Companies
good esteeme of him and of his estate in Virginia and to wittnesse the
same as the Act of the Companie it was nowe moued that for the
better satisfacc̃on of some ∥especiall∥ frendℯ of the said Caps before
whome he had bin wronged and impaired in his reputac̃on that the
Counsellℯ seale might also be affixed vnto the said writinge, wherevpon
the Draught of a Certificate to this purpose beinge presented in Court
and read and the forme thereof somewhat amended was after put to
the question and ordered to be writt out and sealed as aforesaid.


616

Mr Hall an Atturney havinge brought to the Court the Coppie of an
order made by my Lord Keeper vpon hearinge of ye cause and Differ-
ence between Capt: Bargraue plaintiffe and Sr Thomas Smith ∥mr
Alderman Iohnson and others Defendantℯ touchinge a bond of eight
hundred poundℯ in question and touchinge some wrongs and losses
sustained by them ∥sd plaintiff∥ it was nowe moued and accordingly
ordered that forsomuch as the said Decree was supposed to tend to
the preiudice of the whole Companie whome it did not concerne in
respect they were not but as priuate Aduenturers in the Magazine
then [338] then sett out for Virginia together with the said Defend-
antℯ that therefore it might be taken into considerac̃on and referred
to the examinac̃on of a select Com̃ittee Wherevpon it was desired that
as many of the Magazine Aduenturers and so many likewise for the
Companie as could be procured to come would please to meet about
one of the Clock on ffriday next ∥it vpon Thursday next∥ in the
Afternoone at mr Deputies.

Order beinge giuen the last Court (as had bin often formerly) for the
warninge of mr Caninge and mr Henry Mansell to bringe in their
Accountℯ they were nowe called vpon two sundrie times, but neither
of them appeared, wherevpon direcc̃on was nowe ∥also∥ giuen for the
warninge of them to be present with their Accountℯ at the next
Court.

The Court takinge into their considerac̃on certaine proposic̃ons pre-
sented vnto them by mr Copland in the behalfe of mr Dike formerly
com̃ended for the Vshers place in the free Schoole intended at Charles
Citty in Virginia they haue agreed in effect vnto his seuerall requestℯ
namely that vpon certificate from the Gouernor of Virginia of his
sufficiency and Diligence in fram̃inge vp of youth com̃itted to his
charge he shalbe confirmed in the place of Mr of the said Schoole,
Secondly that if he can procure an expert writer to goe ouer with
him that can withall teach the groundℯ of Arithmaticke whereby to
instruct the Children in matters of Account, the Companie are con-
tented to giue such a one his passage whose paines they doubt not,


617

but wilbe well rewarded by those whose Children shalbe taught by
him, and for the allowance of 100 acres of land he desireth for his
owne propper inheritance, it is agreed that after he hath serued out
his time wch is to be fiue yeares at least and longer duringe his owne
pleasure he givinge a yeares warning vpon his remoue whereby
another may be prouided in his roome the Companie are pleased to
graunt him 100 acres as before. It is also agreed he shalbe furnished
with bookℯ fitt for the Schoole for wch he is to be accountable, and for
ye Children the Companie haue likewise vndertaken to prouide good
store of bookℯ fittinge for their Vse for wch their Parentℯ are to be
aunsweareable, lastly it is ordered that the agreemt between him and
the Companie shall accordinge with to his owne request be sett downe
in writinge by waye of Articles indented. [339]

Vpon moc̃on that whereas the Sum̃er Ilandℯ Companie for the better
informinge of Officers their Duty in their seuerall places aswell those
of the Companie here as those also in the Sum̃er Ilandℯ haue deuised
many good and holesome lawes to the great satisfacc̃on both of the
Aduenturers and Planters that therefore the like care and paynes
might be taken for the better establishinge of good gouerment as
well here as in Virginia, time and experience hath nowe sufficiently
taught them the necessity of reforminge and supplyinge many Defectℯ
both there and here, wch moc̃on was well approued of, and because
this waighty buissines was formerly taken into considerac̃on and
Diuided into his partℯ and com̃ended to the care of those Com̃ittees
the Court desired they might againe be put in mynde of their seuerall
taskℯ and afterwardℯ their labors: beinge brought to the veiwe of this
large Com̃ittee nowe appointed by the Court, who are likewise to
obserue and collect what bindinge orders haue bin made in Quarter
Courtℯ or other inferior Courtℯ since the last printed publicac̃on, and
havinge reduced the whole workℯ into a Body of lawes might then be
presented to his §the§ gracious §veiwe of his§ Matties veiwe by whome
beinge approued they might after passe the confirmac̃on of a Quarter
Court.


618

The names of the Com̃ittees are these

             
Sr Edwin Sandys.  mr Wroth.  mr Caswell. 
Sr Io: Wolstenholme.  mr Tomlins.  Capt: Bargraue. 
Sr Io: Dãuers.  mr Nicho: ffarrar.  Capt: Tucker. 
mr Io: Smith.  mr Kightley.  mr Edwards. 
mr Ro: Smith.  mr Iermynn.  or any fiue of them. 
mr Gibbs.  mr Hackwell. 
mr Wrote.  mr Bennet. 
who are entreated to meete about this buissines vpon Tuseday in the
Afternoone at mr Deputies in the meane time mr Wrote is desired to
collect such orders as haue bin made since the last Publication wch
are fitt to be reduced into lawes.

Mr Deputy signified that he had receaued of late certaine intelligence
that mr Gookins Shippe was arriued in Virginia with two §40§
younge Cattle well and safely landed, he therefore moued that for-
asmuch as diuers others might be much encouraged vpon this good
newes to transport Cattle out of Ireland thither vpon reasonable con-
dic̃ons, that a ɫre might be writt to mr Gookin by way of offer that if
any that if any should be pleased to vndertake the like performance
they shall haue for euery Heifor safely deliuered in Virginia 100
waight of good marchantable Tobacco wch moc̃on was well approued
of and order giuen for a letter to be drawne to yt effect. [340]

Mr Waterhowse presented his Account signifyinge of dyvers that
beinge solicited had billℯ to shewe of moneyes paid to sr Thomas
Smith and his Servantℯ for wch notwithstandinge they stood still
charged vpon the Ledger booke whereof they desired they might be
descharged: Wherevpon the Court entreated the Auditors to meete
euery Satturday to examine these ∥said∥ Accountℯ and to receaue
such informac̃on as shalbe giuen them from time to time touchinge
those buissinesses.

The petic̃on of Isabell Read beinge taken into considerac̃on the Court
hath ordered that shee shall repaire to Captaine Io: Martin to require
his aunsweare touchinge his promise of satisfacc̃on for her goods that


619

he hath acknowledged came to his hands and which he hath since
alienated and sold vnto others as shee made to appeare, and touchinge
her other request for the howse and 100 acres of land wch Iames Read
her husband deceased in Virginia enioyed in respect of ye Aduenture
of his person thither, and Died seized of them, the Court hath con-
firmed the same vnto her Daughter Ioane, accordinge to her desire
beinge the next heire vnto her deceased father.

A request was ∥made∥ in the behalfe of Captaine Each Mr of the
Abigaile, that forsomuch as he had donne the Companie good service,
in transportinge of Passengers wherein his ease ∥care∥ by the Gouer-
nors Certificate was much com̃ended and acknowledged also by the
Passengers themselues and forsomuch likewise as he is resolued at
his owne charge to settle and plant diuers Inhabitants in Virginia and
hath there already placed the number of fiue persons intendinge
yearely to send ouer more vnto them, for wch respect the Gouernor
had allotted him 500 acres of land vnder the Collonies Seale, His
humble Suite therefore nowe is that the Companie would please to
confirme the same vnto him vnder their legall Seale and that he
might be admitted a free Brother of this Companie: wch request the
Cort generally assented vnto, and recomendinge it vnto ye Quarter
Court for further confirmac̃on, when it is also thought that some pro-
porc̃on of land be bestowed vpon him for his better encouragement
herein.

ffrauncis Carter assigneth one share of land in Virginia vnto Phillip
Wood of London gent̃ with allowance & approbac̃on of this Court
beinge parcell of the 40 shares assigned vnto him by the Right Honoble
the Lady Lawarr.

Also he assigneth six shares of land in Virginia vnto mr Thomas Mel-
linge Cittizen and Ironmonger of London formerly belonginge to Capt
Raph Hamer. [341]

he assigned also one ∥two∥ share of land from Captain Raph Hamer
vnto mr Henry Hutchinson Cittizen and Grocer of London these last
§8§ shares beinge contained in one Bill of Aduenture.


620

 
[1059]

The words of this paragraph to this point are in the autograph of Nicholas Ferrar. What fol-
lows, to the end of the certificate, is in the handwriting of Nicholas Ferrar's assistant, referred to as
Thomas Collett.

[1060]

This word is written over "former."

[1061]

Written over the name Carver.