University of Virginia Library

At a Court held for Virginia on
Wedensday in the Afternoone the
15 of oct: i623

Present

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468

Mr Deputie acquainted the Court that by Com̃aund of the
Lordℯ of the Counsell himselfe wth some fewe others of the Companie had attended
their Lops at White hall on Wedensday last where their Lops first
Demaunded of him an Accompt whither the Supplies of Meale and
all ∥other∥ things (accordinge to the vnderwritingℯ formerly presented
vnto them) were sent to Virginia for reliefe of the great necessities
and Distresse wherein they had bin informed the Colonie stood, where-
vnto his Aunsweare was, that he conceaued, that all things promised
by the Companie to their llps had bin performed with a verie large
aduantage.

Afterward their llps propounded vnto him some other verie waightie
proposic̃ons: wch his humble request vnto their llps was, might be drawne
up into an order of that Bourd that so he might present it vnto the
Companie wch their llps were pleased fauourably to condiscend vnto,
and havinge sent him the order, he said he need not himselfe speake
anythinge, since they should heare most fully from the order it selfe
wch was read beinge as followeth.

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469

This Day the Deputie and diuers of the Aduenturers and Companie of Virginia were
called to the Board, vnto whome their llps declared that his Matie havinge taken into his
Princely considerac̃on the distressed estate of that Colonie and Plantac̃on occasioned
as it seemeth by miscarriage of the Gouermt in that Companie, wch cannot well be
remeadied but by reduceinge the Gouermt into the handℯ of a fewer number of
Gouernors neare to those that were in the first Patents of the[181] said Plantac̃on, but
especially to be prouided that the interest of all Aduenturers and priuate persons
whatsoeuer shalbe preserued & continued as they are, hath therefore resolued by a
newe Charter to appointe a Gouernor twelue Assistantℯ resident here in England
vnto whome should be com̃itted the Gouerment of that Companie and Colonie, wch
Gouernor and Assistants his Matie wilbe pleased to nominate and make choise of the
first time, and afterwardℯ the elecc̃on of the Gouernor to be in this manner vizt: The
Assistantℯ to present the names of three to his Matie of whom his Matie wilbe pleased
to nominate one to be Gouernor and the Assistantℯ to be chosen by the greater part
of the Gouernors Assistantℯ for the time being the names of them to be chosen beinge
first presented to his Matie or to this Bourd to be allowed or disallowed by his Matie
And the Gouernor and six of the Assistantℯ to be changed thus once in two yeares:
And his Matie is pleased that there shalbe resident in Virginia a Gouernor and Twelue
Assistantℯ to be nominated by the Gouernor and Assistantℯ here resident they pre-
sentinge their names to his Matie or this Board that his Matie may allowe or disallowe
of the same: And as the Gouernor and Assistantℯ resident in Virginia shall haue
Dependance and relac̃on to the Gouernor and Assistants resident here: So the
Gouernor and Assistantℯ here shall haue relac̃on and Dependance on this Bourd,
whereby all matters of importance may be Directed by his matie at this Bourd: And
that in the same Charter his Matie purposeth to make the like grauntℯ as well of landℯ
as of fraunchises and other benifittℯ and thingℯ as were graunted in the former Charters
wth Declarac̃on that for the setlinge and establishinge of priuate interestℯ of all men
this newe Companie shall confirme or newly graunt vnto them the like interest as they
enioy by Graunt order or allowance of the former Companie: And therefore the said
Deputy and other of the said Companie were by their [339] Lops required to assemble
a Court on Wedensday next therein to resolue whither the Companie wilbe content
to submitt and surrender their former Charters and accept of a newe Charter wth the
alterac̃ons aboue menc̃oned and to returne their Aunsweare wth all expedic̃on to this
Bourd his Matie beinge Determined in Default of such submission to proceed for the
recallinge of the said former Charters in such sort as shalbe iust.

Vera Copia.

Io: Dickenson.[183]

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470

Wch order beinge read three seuerall times the Companie seemed
greatly amazed at the Proposition, so as no man spake therevnto for a
longe time, At length mr Deputy desired them to bethinke themselues
in so waightie a buissines what aunsweare they would giue him to
returne with to their Lops wch their Lops would expect vpon ∥the∥
ffriday followinge; Wherevpon it was by diuers one after another
aunsweared that the matter was of such consequence and waight as
they had noe power to giue aunsweare vnto in this Court beinge but
an ordinary Court wch by his Mats Letters Patents are onely enhabled
to handle and order casuall and perticuler occurrences and accidentall
matters of lesse consequence and waight, but all waightie affaires and
perticulerly all things concerning the manner of Gouerment were
restrained by precise words in the Letters Patents to the Quarter
Courtℯ, wherefore duringe the Patent was in force they might not in
this ordinary Court take vpon them any such authority to determine
such a matter as this beinge of the highest nature that euer was pro-
pounded to them: And herevpon the Letters Patents were called for
and found to agree exactly wth what had bin alledged: It was also
further alledged howe inviolably and exactly they had alwayes made
their practise aunsweareable herevnto not takinge liberty to them-
selues so much as to giue a share of land but in a Quarter Court: And
further it was alledged that whereas besidℯ the newe Aduenturers
(wch cannot be thought to be lesse then fower or fiue hundred) and
all the Planters in Virginia wch are equally enteressed in his Mats
graceous Letters Patents there were neare 1000 p̱sons named in the
Letters Patents themselues to whome the Graunt was made whereof
there was not iudged to be thirty present in Court:

Wherefore the Companie conceaued themselues euen in conscience
bound not so sodainely to passe awaye all their interestℯ but rather
to be humble petic̃oners to their Lops vpon these iust groundℯ that
their Aunsweare might be respited vntill the Quarter Court wch was
not verie farr of; Against wch time they should haue leasure to con-
sider well of so waightie a buissines, And a verie large and generall
Som̃ons might be giuen to all men to appeare then wth perticuler inti-
mac̃on of the buissines to be Determined to the intent that they might
be the rather induced to affoord their presence wch if they did not they
should be wthout excuse for euer after complayninge.

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471

But some fewe moued that they would rather in conformity to their
Lops order presently surrender their Charters and professed themselues
very willinge to surrender it:

Wherevpon the Court desired mr Deputie to make two Proposic̃ons
questions according to the two seuerall Proposic̃ons. [340]

ffirst whither the Companie at this present Court would surrender vp
their Charters to haue a newe Patent accordinge to such alterac̃ons as
were menc̃oned in their ll͠ps order It beinge thus put to the question
there were onely 8 handℯ held vp for a present surrender.

Secondly it beinge put to the question whither the Companie would
rather humbly desire respite of their Lops till the next Quarter Court
for the reasons wch had bin alledged, to make aunsweare to the Propo-
sic̃on The Court by a generall erecc̃on of handℯ (the former eight
onely excepted) agreed to petic̃on the Lords for respite till their next
Quarter Court: And therevpon caused the Aunsweare followinge to
be Drawne vpp in presence of the Court wch beinge afterwardℯ read
and approued was ordered to be deliuered to the Lordℯ in the name of
the Companie wch Aunsweare doth here ensue.

The most humble Answeare of the Company for
Virginia assembled in a Court held on Wedensday
in the Afternoone the i5 of October i623.[184]

The Companie for Virginia beinge assembled accordinge to yor Lops com̃aund
and havinge vnderstood yor ∥llps∥ order conteyninge a Proposic̃on for the
giving vp of their Charters; Conceaue it in diuers respectℯ to be of such
∥great∥ waight and consequence as by speaciall lymitac̃on of their Letters
Patents is restrained onely to the Determinac̃on of a Quarter Court: wherefore
as also in reguard there was not at present assembled aboue one hundred and
twenty p̱sons, whereas besidℯ the newe Aduenturers and Planters in Virginia
(wch are all equally interessed wth them therein) his Mats Letters Patents are
graunted to aboue one thousand persons of higher and inferior ranke by their
perticuler names as also vnto threescore seuerall Companies of the Citty of
London and other corporate Townes therein menc̃oned: The Companie then
assembled most humbly beseech yor llps to giue them respitt vntill the next
Quarter Court the 19th of Nouember wch is the soonest time the said Letters
Patents giues them power to make further Aunsweare herein and against wch
more generall Som̃ons shalbe giuen.

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472

The Court also ordered that there should be a verie perticuler Som̃ons
of all the Aduenturers against the next Quarter Court wch was to be
the 19th of Nouember that further Aunsweare might be made vnto
their Lops concerning this waightie Pp Proposition In wch reguard it
was ordered that the officer that warned them should giue them especiall
notice of the buissines and desire them in the Companies name not to
faile to be present: It was also thought fitt that all the Lordℯ and
great Officers free of this Companie should be against that day
acquainted wth the buissines and respectiuely invited to affoord their
Honoble presence: And for this mr Waterhowse and the Secretary
were appointed by this Court. [341]