 | The records of the Virginia Company of London |  |
At a Quarter Court held for Virginia the 25th of Iune i623
| Lo Cauendish. | Sr Io: Dc̃uers. |
| Lo: D: Lawarr. | Sr Io: Ogle. |
| Sr Edw: Sackuill. | Sr Edwin Sandys Iunr |
| Sr Sam: Sandys. | Sr ffrancis Leigh. |
| Sr Rob: Killigrew. | Sr Walter Earle. |
| mr Deputy. | mr Boothby. | mr Rider. |
| mr Io Smith. | mr Withers. | mr Robertℯ. |
| mr Gibbs. | mr Meuerell. | mr Sharrowe. |
| mr Binge. | mr Widdowes. | mr Rob: Edwardℯ. |
| mr Tomkins. | mr Tho Shippard. | mr Downes. |
| mr White. | mr Moorer.[168] | mr Newport. |
| mr Io: ffarrar. | mr Nicholls. | mr Swinhowe. |
| mr Winkefeild. | mr Couell. | mr Sheldon. |
| mr Paulavicine. | mr Leuer. | mr Smith. |
| mr Barbor. | mr Steward. | mr Woodall. |
| mr Geo: Scott. | mr Viner. | mr Tatam. |
| mr Bull. | mr Edw: Waterhowse. |
| mr Fothergill. | mr Dennis. |
| mr Palmer. | mr Ewens. |
| mr Proctor. | mr Hackett. |
| mr Moorer. | mr Kerby. |
| mr Barkley. | mr Webbe. |
| mr Collett. | mr Cuffe. |
| Capt: Bargraue. | mr Ley. |
| mr Trueloue. | mr Witherall. |
| mr Copland. | mr Moorewood. |
| mr Baldwin. | mr Arthur Swaine. |
| mr Biddolph. |
Mr Deputy acquainted the Court that he had receaued a Letter from
his Matie sent vnto him by a Servaunt of mr Secretary Caluerts ∥and
directed∥ to the Treasuror Counsell and Companie for Virginia with
wch ɫre hauinge acquainted the Counsell for Virginia they thought
fitt it should be first read before they proceeded to any other buissi-
nes: wherevpon the L̃re was opened and read the Coppie whereof
doth here ensue. [329]
Iames R.˜
appointed a Com̃ission to examine the present estate of the Virginia Plantation with
sundrie other things and matters appertayninge therevnto and that wee expect
within these fewe dayes to haue some Accompt made vs of their laboures in that
to hold a Court for the said Company: Our will and pleasure is that you do forbeare
the elecc̃on of any Officers vntill to morrowe fortnight at the soonest, but to let
those that be already remayne as they are, in the meane time Giuen at our Court at
Greenwitch the fower & Twentith day of Iune in the one & twentith yeare of our
Raigne of great Brittaine Fraunce and Ireland.
∥Directed To ye right trusty and welbeloued the Tr̃er Counsell
and Company of virginia∥[169]
Wch Letter beinge read after a longe and generall silence in the Court,
it was at length taken into considerac̃on, whither by the Kings Let-
ters Patents the Companie had power to make their elecc̃on in any
other but a Quarter Court: Wherevpon the Patent beinge pervsed
and that pointe therein duly waighed and examined: It plainely
appeared by the verie expresse words of the Patent that the choise of
Counsellors and Officers were restrained and lymited to Quarter Courtℯ
onely and that although it were without negatiue or exclusiue wordℯ,
yet it was conceaued it was imployed in the verie sense thereof in
reguard there is sett downe perticulerly what shalbe donne in Inferior
Courtℯ and what in Quarter Courtℯ: wch manner of distinc̃on was con-
ceaued could amount to no lesse then a plaine exclusiue: And it was
further added that the Custome and vsage of the Companie in their
yearely elecc̃ons haue bin suitable therevnto havinge alwayes chosen
their Officers in Quarter Courtℯ onely and not in other Courtℯ.[170]
And it was further taken into considerac̃on that whereas by the last
Quarter Court the Treasuror, Deputie, and other Officers of this Com-
panie were to continue in their places but vntill this present Court
whereby after this Day if they should not be continued by order of
this Court, the Gouerment would become voide and the Companie
destitute of Officers to followe and keepe Courtℯ and the Patent also
forfeited: It was therefore held fitt, the old Officers should be still
continued vntill a newe choise were made.
The Court havinge thus declared their opinion and diuers beinge
desirous that it might be put to the question, the Secretary was caused
by the Court first to sett the question downe in writinge wch was dic-
tated vnto him in manner followinge vizt.
The Companie of Virginia in obedience to his Maties Letter do this day
forbeare their election, and do continue all their Officers till their next
Quarter Court, his Matie havinge giuen them power by his Letters
Patents to make election in Quarter Courtes only: Wch beinge read
and ∥so∥ put to the question the whole Court with one generall and
vnanimous consent agreed therevnto noe one dissentinge.
Sr Samuell Sandys acquainted the Court that he had receaued a Letter
from Sr ffrauncis Wyatt (the present Gouernor) wherein he made
request, that he would moue the Companie that aswell in reguard of
his great losse since he went to Virginia (beinge out of his estate well
neare 1000li) as also in discharge of their owne promise to him (that he
should haue his iust number of men belonginge to his office as Gou-
ernor) that accordingly therevnto they would please to supplie him
very speedily beinge not able otherwise well to subsist wch moc̃on and
request the Court thought fitt to referre to the considerac̃on of the
Counsell.
The Preparatiue Court was nowe read and by a generall erecc̃on of handℯ approued to be rightly sett downe. [330]
Next the matters propounded in the said Court were againe moued
and passed in manner followinge
ffirst the Earle of Southamptons Quietus est for his three yeares
Accomptℯ audited and approued of, extendinge from 28th of Ianuary
∥Iune 1620∥ vntill 25th Iunij 1623 beinge ordered at the last Quarter
Court as also in the last Preparatiue Court ∥to be drawne vp and
brought to this Court∥ the same was accordinglie donne and nowe
presented the Coppie whereof doth here ensue.
The Treasuror and Companies of Aduenturers and Planters of the
Citty of London for the first Colonie in Virginia to all vnto whome
Ea: of Southampton Treasuror of the said Companie hath by three
seuerall Bookℯ of accomptℯ of his office of Treasuror of the said Com-
panie extendinge from the eight and Twentith Day of Iune—i623[171]
exhibited vnto the Courtℯ of the said Treasuror and Companie a true
and perfect Account of all moneys by him receaued for the vse of the
said Companie or of the Colledge intended to be founded in Virginia
duringe the time of his Office as aforesaid: In wch Accomptℯ he hath
also perticulerly declared howe the said moneys haue bin disbursed
and expended for the vse of the said Companie and Colledge by law-
full warrantℯ with Receiptℯ endorsed or subscribed, wch Accountℯ
accordinge to the orders of the said Companie haue bin duely examined
audited and approued by the Auditors of the said Companie as appear-
eth vnder their handℯ and afterward the said seuerall Bookℯ of
Accountℯ haue layne openly on the Table in the Courtℯ of the said
Treasuror and Companie duringe the times in the said Companies
order appointed and no exception hath bin taken to them The said
Treasuror and Companie therefore accordinge to their orders in that
case established haue for them and their Successors acquitted & dis-
charged and by theis presentℯ do for euer acquitt and discharge the
said Henry Ea: of Southampton his heires executors and Adminis-
trators of and from all further Accomptℯ by him to be tendred for the
same and of and from all Acc̃ons Suits and Demaunds for or by reason of the
moneyes or Accountℯ aforesaid In wittnes whereof the said
Treasuror and Companie haue hereto caused their legall Seale to be
affixed: Giuen in a great and generall Quarter Court of the said
Treasuror and Companie held the fiue and Twentith day of Iune 1623
And in the yeares of the Raigne of our Sou9aigne Lord Iames by the
grace of God Kinge of England Scotland ffraunce and Ireland Defendor
of the faith Cr vizt of England ffraunce and Ireland the one and
Twentith and of Scotland the six and fiftith.
Wch beinge read and approued the Court ordered by a generall erecc̃on
of handℯ should be sealed.
Next mr ∥Deputies∥ ffarrars Quietus est for ∥this∥ his yeares Account
extendinge from May 1622 till the 25th Iun: i623 beinge vpon like
order Drawne vp and brought vnto the Court was read approued and
ordered to be sealed. The Coppie wherof ensueth[172]
The Treasuror and Company of Aduenturers and Planters of the
Citty of London for the first Colony in Virginia to all vnto whome
these presentℯ shall come greetinge: Wheras Nicholas fferrar Deputy
Treasuror of the said Company hath by one Booke of Accompt of
his Office of Deputishipp of the said Company extendinge from the
[173]
day of May 1622 till the 25th daie of Ivne 1623 exhibited vnto
ye Courtℯ of ye [331] said Thr̃er and Compa: a true and p̱fect Acco of
all monneys by him receaved for ye vse of the said Company; In wch
accompt hee hath allso p̱ticularly declared how the said monneys
haue been disbursed and expended for the vse of ye said Company by
lawfull warrants wth Receipts endorced or subscribed or otherwise
Wch Accomptℯ accordinge to the Orders of the said Company haue
been dulie examined Audited and approved by the Auditors of the
said Company as appeareth vnder their hands, and afterward the said
Booke of Accompt haue layne openly on the Table in the Courtℯ of
ye said Treasuror and Company duringe the time in ye said Companies
Orders appoynted and noe excepc̃on hath been taken to itt. The said
Thr̃er and Company therfore accordinge to their Orders in that case
established haue for them and their Successors acquitted and dis-
charged and by these p̢ñts doe for ever acquitt and discharge the said
Nicholas fferrar his heirs executors and Administrators of and from all
and everie the said Monneys by him received and of and from all
further Accomptℯ by him to be rendred for the same. And of and
from all Acc̃ons Suites and Demaunds for or by reason of the monneys
or Accompt aforesaid; In wittness wherof the said Thresuror and
Company haue hereto caused their Legall Seale to be affixed. Given
in a great and Generall Quarter Court of ye said Thr̃er & Company
held the five and twentieth day of Ivne 1623. And in the years of
the Raigne of our Soveraigne Lord Iames by the grace of God Kinge
vizt of England ffraunce and Ireland the one and Twentieth and of
Scotland the six and ffiftieth.
Lastly the Companies Security to the owners of the Abigall for pay-
ment of 420li vpon the grounds and reasons expressed in the Prepara-
tiue Court besidℯ that wch shalbe proued to be further due vnto them
beinge then also ordered to be Drawne vp was nowe read the Coppie
whereof doth here ensue.[174]
Whereas it appeares by the Reporte of the Auditors and Comittees
and is accordingly agreed by the Companie in a generall Court held
the three and twentith of Iune 1623. that there is due to the owners
of the Abigall the Sum̃e of 420li vpon the grounds and reasons there
expressed, besidℯ that wch shalbe further due vnto them in case it
shalbe sufficiently proued to the Companie that the said Shipp was
deteyned longer then it ought to haue been by the authority and
comaund of the Gouernor and Counsell of Virginia: Nowe for satis-
fyinge of the said Sum̃, it is in this great and generall Quarter Court
ordered and agreed that the Sassaphras nowe returned shalbe sold by
William Webb and Iohn Cuffe, and the proceed thereof paid vnto Iohn
Bland Iohn Newman Robert Watson and Richard Perry owners of
the Abigall or their Assignees in p̱te of satisfaction of the said Debt.
And further it is agreed and ordered that the said owners shalbe paid
the remaynder of the said Sum̃e out of such moneys as shall first come
in after the discharge of the moneys due to Iohn and Nicholas Farrar.
And for the further Security of the said owners and for the payment
and satisfaction of the said Somme of fower hundred and twenty
poundℯ: It is agreed and ordered that after the said Iohn and Nich-
olas Farrar be fully satisfied, all such goods and com̃odities as shalbe
returned from Virginia belonging to the generall Bodie of the Com-
panie shalbe from tyme to tyme consigned and deliuered into the
handℯ of the said Iohn Bland Iohn Newman Robert Wadson and
Richard Perry or their Assignes to be by them sold and disposed of
wth all the Interest and damages that shall arise thereby. And for
the further Security of the said owners it is likewise further ordered
and agreed that it shalbe lawfull for the said owners to receaue and
take to their vse all such Moneys and debtℯ as are and shalbe due vnto
the Companie from any whomsoeuer and wch the said owners can pro-
cure vntill such tyme as they be fully satisfied and discharged of the
said Sum̃e of 420li. And it is ordered and agreed that the Acquittances
and Releases of the said Iohn Bland Iohn Newman Robert Wadson
and Richard Perry shalbe a sufficient discharge vnto those as shall
pay them any Moneys vntill the aforesaid debte be fully satisfied and
discharged. And in confirmac̃on of the p̳misses the Company for
Virginia beinge assembled in a great and generall Quarter Court held
for Virginia the fyue and twentith Day of Iune 1623. haue herevnto
caused their legall Seale to be affixed.
Teste Edw: Collingwood Secrẽ. [332]
Sr Iohn Dãuers mouinge the Court in the behalfe of mrs Nuice late
wife of Deputy Nuice deceased in Virginia touchinge his request vnto
the Companie As also in the behalfe of a gentleman that had taken
much paines in expediting those Letters wch it pleased the Lord Keeper
to write for the Companie (as they desired) it beinge also formerly
ordered some ∥Reward∥ should be giuen him; The Court thought fitt
to referr both requestℯ to the farther considerac̃on of the Counsell at
their next meetinge.
In regard of the often waightie and vrgent occasions of callinge Courtℯ
in the longe vacac̃on, when com̃only most gentlemen do withdrawe
themselues into the Country (whereby it falls out oftentimes that a
sufficient number of the Counsell cannot be had in Towne to make a
Court to the great preiudice of the Companies buissinesses then hap-
eninge and requiringe consultac̃on and present resoluc̃on) to supplie
wch Defect the Counsell havinge recom̃ended to the last Court fower
able gentlemen whereof three were Cittizens who by reason of their
continuall livinge in Towne and neare dwellinge to the place where
the Courtℯ are kept It may be presumed they will §be ready to§ affoord
panies buissinesses wch as priuate Members they haue so diligently
followed the names of wch gentlemen were these vizt.
| mr Scot | mr Wheatley |
| mr Bland | mr Berblocke |
who beinge put to the question were by a generall erecc̃on of hands
chosen of the Counsell, and the rather in reguard there might fall out
some vrgent occasions requiringe their attendance and seruice in this
longe vacac̃on: It was likewise moued and thought fitt they should
repaire to the Lord Chamberlen to take the oath of a Counsellor.
These Patents followinge beinge formerly ordered to be drawne vp
and this afternoone examined by a Com̃ittee before the Court began
(who comparinge them found them agreeable to former Presidentℯ)
were nowe put to the question and ordered to be sealed vizt:
- A Patent to mr Io: Zouch.
- A Patent to mr Edward Prinn.
- To mr Clement Dilke.
To mr Iohn Procter each of them vndertakinge to transport one hun-
dred p̱sons with sufficient prouisions and necessaries for the culti-
uatinge of their owne landℯ.
Richard Andrewes and Erasmus Snellinge Cittizens of London peti-
coninge for leaue that Iohn Procter might be allowed their Atturney
to receaue §a§ recompence of one Hugh Crowder in Virginia beinge
of good estate in satisfacc̃on of 21li they haue paid for him vpon Bond
to one Robert Broakbancke of London Butcher: The Court hath
graunted their requestℯ and ordered that the Gouernor should be
entreated to assist mr Procter herein as there shalbe occasion, that
the Petitioners may be releiued accordinge to equity.
A draft of this court is among the Ferrar Papers, and is probably a part of the original court
book. The two are identical in meaning and form of entry. The copy varies in orthography and
capitalization only, with a few exceptions. See List of Records, No. 526, Vol. I, page 177, ante.
The handwriting changes at the beginning of this court to that of an unidentified copyist, referred to above
as the sixth copyist.
| The records of the Virginia Company of London | |