University of Virginia Library

At a Court held for Virginia
the 6° of Nouemb: i622

Present

   

Right Honoble	Lo: Cauendish.
	Lo: Padgett.

     

Sr Edw: Sackuill.	Sr Phil: Carey.
Sr Io: Dauers.	Sr Io: Brooke.
Sr Edwin Sandys.	Sr Ro: Killigrewe.

                     

mr Deputy.	mr Tomlins.	mr Wheatley.
mr Gibbs.	mr Sheppard.	mr Bull.
mr Wrote.	mr Rogers.	mr Woodall.
mr Binge.	mr Caswell.	mr Mellinge.
mr Io: ffarrar.	mr Edwardℯ.	mr Cuffe.
mr Io Smith.	mr Withers.	mr Robertℯ.
mr Ro: Smith.	mr Bennett.	mr Meuerell.
mr Io: Zouch.	mr Wiseman.	mr Martin.
mr Wilmott.	mr Swinhow.	Capt Bargraue.
mr Paulavicine.	mr Iadwin.	mr Edw: Waterhowse.
		with diuers others.

Mr Deputy signified vnto the Court that whereas diuers waightie
buissinesses had bin propounded and referred by the last Court to the

considerac̃on of a select Comittee, they had accordingly mett and
aduised vpon the p̱ticulars, and findinge in some thingℯ much diffi-
culty, and wch would require great deliberac̃on they thought fitt to
deferr the same p̱ticulars till their next meetinge; So as for the present,
the Com̃ittee had onely gonn through the first head com̃ended vnto
them namely concerninge petic̃ons, touchinge wch hauinge drawne vp
their opinions by writinge they did nowe present the same to the
iudgement of this Court beinge as followeth.

§At a meetinge of the Comittees
the 28th Octo: i622§

         

Concerninge Petic̃ons.
§mr Gibbs.
mr Binge.	mr Io: ffarrar.
mr Nich: ffarrar.	mr Caswell.
mr Ro: Smith.	mr Mellinge.§

Which orders beinge reade through and after agayne by severall partℯ
reexamined and deliberated uppon the Courte did well aprove of them
and theruppon being putt to ye Question were ratified by the Gen-
erall Consent of ye whole Courte.

The next thing taken into consideration was both the number and
Quallity of those that should be apoynted Committees of wh it was
thought fitt that the Auditors should always bee in regard of there
greate experience and practize in the Compagnys affayres and yt there
should bee ioyned unto them eight or ten more and yt out of this
number three of at least wherof the Deputy to bee one might bee
always present for the receiving and considering of Petitions and
further yt the Committee shoulde bee yearely chosen uppon the day of
Election of the Treasuror and other Officers and yt there shoulde bee
yeerly ∥an∥ alteration of some of them for the better information of
others in the Compagnys affayres and buissinesses.

Thees things being putt to the Question were severally ratifyde and
confirmed by erection of hands and to bee of the Committee for the
present yeare were nominated theese following

                 

	Sr Edwyn Sandys.		Sr Ihon Brooke.
	Sr Iohn Davers.		mr Deputy.
first the 6 Auditors namely	mr Ihon Wroth.		mr Wrott.
	mr Ihon Farrar.	unto whom wer Ioyned	mr Ihon Smith.
	mr Ghibbℯ.		mr Byng.
	mr Keightly.		mr Tomlynℯ.
			mr Robert Smith.
			mr Bennett
			mr Caswell

divers petitions presented to this Courte were referred to y sayd
Committee. [73]

And whereas the former Com̃ittee had considered and deliuered their
opinions touchinge the petic̃on and complaint of one Tho: Goldsmith
against Sr Geo: Yeardley for deteyninge his Sonne Arthur as his
Tennant: The Court Caused their order vpon the said Petic̃on to be
sett downe in this manner vizt:

It hauinge bin approued vnto the Court by oath of two Wittnesses that
the frendℯ of Arthur Goldsmith haue for the settinge fourth of him
and mainetayninge him since disbursed to the value of 40li as by a Bill
of the p̱ticulers exhibited appeareth, and further that by his frendℯ
he was put to Sr Geo: Yeardley for three yeares and no longer do
therefore iudge that what Contract soeuer the said younge man may
haue since made with Sr Geo: Yeardley without the approbac̃on of his
frendℯ (touchinge seruinge him as a Tenant or ffearmor) ought to be
voide and of none effect and accordingly order, that im̃ediately vpon
the receipt hereof the said Arthur Goldsmith be discharged from the
seruice of Sr George Yeardley and sett free, to be disposed of, accord-
inge as his frendℯ shall thinke fitt: Prouided alwayes that if Sr Geo:
Yeardley vpon this newe Contract shall haue deliuered him any Stocke,
or haue bin at any charges with him, the said Stocke and charges
shalbe satisfied and repaid to the said Sr Geo: Yeardley.

Sr Iohn Dãuers and some others beinge requested by the former Court
to entreat the Deane of Paules to preach the Sermon before the Com-
panie on Wedensday the i3th of Nouemb: did nowe make report
that the Deanes Answeare was verie fauourable and respectiue of the
Companie, and that hauinge acknowledged with many thanks that
courtesie they had donn him, by choosinge him to be of their Counsell,
hee seemed glad they had occasion to vse him in that kinde wherein
he was able to do them seruice and therevpon promised to be ready
at the time appointed to p̱forme their request, wch gaue the Companie
very much content.

Capt: Iohn Martin presenting a petic̃on to the Court for reformac̃on
of his Patent in such thingℯ as should be founde to transcend the

lymittac̃on of the Kingℯ Letters Patents vnto the Companie or
hor hurtfull vnto the proceedingℯ of the Colony was admonished to sur-
render it vp with all his defectℯ and exorbitances and take a newe wch
although he refused to do at the first, yet vpon a better bethinkinge
with himselfe, and the Companies faire [74] offer vnto him to graunt
him a newe Patent with as large and ample priuiledges as any other
Aduenturer wch from time to time they had alwaies offered vnto him,
did at length freely and willingly deliuer vp the same in open Court
to be cancelled wherevpon order was giuen for drawinge vp a newe
Patent for him against the next Quarter Court.

Capt Bargraue herevpon tooke occasion to informe the Court that
Capt Martin had of late (contrary to due forme and to the great wronge
of the Companie) procured an order from the Right Honoble the Lord
Keeper for sequestrac̃on of all his Cattle in Virginia; till the matter
in difference between them were decided wch manner of proceedinge
for that it did verie much concerne the Companie, he praied the Court
would take it into their considerac̃on; wherevpon Capt: Martin made
offer to referr the cause to any different men of the Companie, where-
vnto the other agreeinge, Capt: Martin chose Sr Edw: Sackuill and
Capt Bargraue Sr Iohn Brooke whome after both p̱ties had declared
themselues willinge to submitt to their award and iudgement, the
Court entreated to take some paines to heare and determine the differ-
ences between them.

fforsomuch as the Afternoone was nowe farr spent the Court was
ordered to be continued till all buissinesses were heard and ended.

Mr Iohn ffarrar acquainted the Court that Sr Arthur Ingram hauinge
sent for him told him, That the Lord Treasuror was desirous to knowe
the Companies resoluc̃on whither they would proceed in the Contract
intended with the Kinge accordinge to the Propositions agreed on in
their Quarter Courtℯ Touching wch Sr Arthur said he had onely one thinge
more for my Lord Treasuror to moue vnto the Companie Vizt: That
whereas in the former Propositions it was referred vnto a Comittee to
consider what sortℯ of Spanish Tobacco should be brought into this

Kingdome by the Companies his lp: desired it might nowe be resolued
vpon to bringe in all of the best Varinaes wch Propositions beinge
taken into considerac̃on by the Court These obiec̃ons were made
against it vizt: That the graunt hereof should ∥would∥ dissolue the
frame of the Bargaine formerly proposed, first because it would make
an alterc̃aon in the prices and ratℯ they were agreed to sett vpon the
Tobacco that should be brought in, and consequently that it would
occasion the stealinge [75] in of much Spanish Tobacco, wch by the
other meanes might be preuented, and lastly that it would much hinder
the sale of the Virginia Tobacco: Besidℯ it was likewise doubted
whither so great a quantitie as 40000 waight of the best Varinas could
be had, seeinge it was more then was knowne to come of that sort into
Spayne in some one yeares, so that to be tyed to bringe in the former
quantitie could not but be verie inconvenient & preiudiciall vnto the
Companies: Wherevnto answeare was made, that the Companies
could not be tyed to p̱forme impossibilities, And besidℯ the eight
Article of the Propositions did seeme to prouide against it, wch beinge
read and aduised vpon, it was at length conceaued, that rather then
the bargaine should be dissolued the former Propositions should be
yealded vnto: And the rather because mr Iohn ffarrar did affirme that
Sr Arthur did promise and protest, that this being graunted, there
should be no other exception or alterac̃on in the bargaine but should
proceed on accordingly in all pointℯ as was agreed by the Companie.

ffor the manner of yealdinge vnto it mr Wrote beinge desired to drawe
vp a forme did it in manner followinge

It is agreed that it shalbe signified to the Lo: Treasuror that the
Companies for Virginia and the Sum̃er Ilands, haue that affiance in
his lps noble fauor towardℯ them, that they are contented to
yeald to his lp: Proposition of bringinge in of the best sortℯ of Span-
ish Tobacco to the quantitie of 40000 waight for the first two yeares
of the Contract intended as the markett in Spaine will yeald at such
times, as they buy the same, vnles his lp: shall otherwise dispence
therewith for the Kings seruice and good of the Companies, wch

Draft beinge presented to the Companie and read was well approued
of and ratified by the Court, And after this Court being dissolued
into a Som̃er Ilands Court and the same againe proposed vnto that
Companie it was in like manner ratified and confirmed by them.

Vpon a moc̃on for a Patent for mr Iohn Palmer and his Associatℯ for
a perticuler Plantac̃on vndertakinge to transport 10 100 p̳sons The
Court gaue order for drawinge a Patent for him.

Mr Io: ffarrar passed ouer one of his shares of land of 100 acres in
Virginia to mr Edmund Hun gent̃ wch was accordingly confirmed vnto
him. [76]

Sr Henry Rich and the Lady Isabella his wife passed ouer fower
shares of land in Virginia to mr Henry Percy (the said Shares beinge
discended to the said Lady as the sole Daughter and heire of Sr Wal-
ter Cope deceased) wch Assignemt the Auditors hauinge allowed the
Court ratified and confirmed ∥vnto the said Henry Piercy.∥

Mr Henry Reinolds likewise passed ouer two shares vnto his Nephew
mr William Vesie of Graies Inn gent̃ wch beinge allowed by the Audi-
tors the Court also confirmed.