 | The records of the Virginia Company of London |  |
Att a Quarter Court held for Virginia on
Wedensday in the afternoone the 4TH of February
1623
| mr Deputie. | mr Watson. | mr Brenson. |
| mr Dr Gulston. | mr Robins. | mr Truloue. |
| mr Dr Meddowes. | mr Colte. | mr Elkin. |
| mr Cory Rawleigh. | Capt Martin. | mr Norwood. |
| mr Iohn Smith. | mr Xofer Martin. | mr Seaward. |
| mr Iohn Ferrar. | mr Tatam. | mr Berblock. |
| mr White. | mr Bolton. | mr Mullens. |
| mr Tomlins. | Capt Baly. | mr Barbor. |
| mr Garrett. | mr Widdowes. | mr Aldin. |
| mr Binge. | mr Purcas. | mr Wriothsly. |
| mr Edw: Waterhowse. | mr Ley. | mr Newport. |
| mr Reamant. | mr Meuerell. | mr Sylvanus Talor. |
| mr Barlowe. | mr Mace. | mr Tho: Waterhowse. |
| mr Boothby. | mr Kightlie. | mr Cuff. |
| mr Bull. | mr Rolf. | mr Freake. |
| mr Wheate. | mr Strainge. | mr Fletcher. |
| mr Barkham. | mr Forsett. | mr Pallavicine. |
| mr Southerne. | mr Sheppard. | |
| mr Delawne. | mr Wiseman. | |
| mr Balmford. | ||
| mr Copland. | ||
| mr Bennett. | ||
| mr Roberts. | ||
| mr Strainge. | ||
| mr Collett. | ||
| mr Tucker. | ||
| mr Iadwin. | ||
| mr Fawcett. | ||
| mr Geo: Scott. | ||
| mr Buckeridge. | ||
| mr Io: Elkin. | ||
| mr Olliuer. | ||
| mr Moreward. | ||
| mr Fothergill. | ||
| mr Francis Waterhowse. | ||
| mr Stone. | ||
| mr Hackett. | ||
| mr Budge. | ||
| mr Kerrill. | ||
| mr Russell. | ||
| wth diuers others. |
The p̢paratiue Courte of the second of this Moneth was read Wherein
for as much as Captaine Baly (nowe p̢sent) seemed not well satisfyed
wth the answeare then giuen to Captaine Mathewe Sum̃erℯ petic̃on and
request, for that the Company had declared It was not in their power
to allyenate any p̱te of Sr George Som̃ers (his vncles) estate or title
to landℯ in Virginia for as much from the right heire wch is ∥the oldest∥
by the Com̃on lawe of England, & that much lesse could they make
any Iointe Conveyance thereof vnto the petr & his brother Nicholas
as was desired: In wch opynion this Courte also did concurre as beinge
a Cleere case & wthout question: Notwthstandinge to satisfie the
ymportunitie of Captaine Baily in the Peticoners behalf, it was nowe
againe put to ye question by Mr Deputy And therevppon by a gen9all
erecc̃on of handℯ it was ordered that Sr George Sum̃ers landℯ in
Virginia (due vppon his Adventures) should bee reserved entirely for
the right heire accordinge to ye Course of the Com̃on Law & Custome
of this Courte. [369]
And whereas Capt. Baily moued farther that some considerac̃on might
be given to the saide Mathew Sum̃ers (as Executor to the saide Sr
George Sum̃ers his vncle) for certayne goodℯ wch hee the saide Sr George
tyme Capt Tucker was Cape m9chant for the Company as namely a
gowne prised at 40li In plate valewed at about 100 marks, and the rest
in bread, sack & meale, to a good valewe there employed & spent for
the generall relief of the Colony, then in great distresse, whereof the
sayd Capt Martin tooke a p̱ticuler Inventory by Com̃aundemt of the
Counsell whoe beinge nowe p̢sent & asked, seemed to remember as
much.
The Courte taking this into Considerac̃on & vppon debating of the
matter although they conceaued a greate p̱te of the §aforesaid§ goodℯ
(as namely the gowne & plate) could not yeild that benifitt & releif
to the Colony (as was alleadged) being then in want of victuall only:
And although it was further also informed that Capt Tucker the then
Cape m9chant for the Company had brought noe such goodℯ to ye Com-
panies Accompt: yett to satisfie Captaine Bailies Demaundℯ in the
Peticoners behalf they haue desired the gen9all Com̃ittee, togeather
wth ye Auditors, to meete & examine Captaine Tuckers Accompt or
any other accompt or writing that can be produced to make it appeare
whither ye said goodℯ were imployed for the Colonies vse or not
rather appropriated (as is supposed) to some mans private benifitt
only.
And whereas it was likewise further moued by Captaine Baily that
Mathew Sum̃ers might be considered for the Ambergrese found longe
since in the Sumer Ilandℯ by certaine p̱sons transported thither by Sr
George Sum̃ers & there lefte for discou9y of those Ilands: Hee was
answered that neither this Courte nor Company had to doe wth it, but
he ought to haue complayned to ye Sum̃er Ilands Company: vnto
whome it was also well knowne that Sr George Sum̃ers himself was
then sett out at their chardge though hapily he might haue some
adventure wth them in that voyadge.
The Quarter Court of the 19th of Nouember last was read & in reguard
itt was approued by the former Courte to be rightly sett downe, it was
not nowe put §to§ the question.
The Quietus est appointed by the last Court to be drawne vpp for mr
Deputie against this day for the seale. As also the graunte of 20
shares of land wch that Courte had giuen him as a testimonie of their
good approbac̃on of his service & in a thankfull acknowledgemt of
his extraordinary well deservinge of the Company & Plantac̃on, were
nowe both presented in Courte & reade. And beinge approued Wth out
any mann9 of excepc̃on taken vnto them: It pleased ye right hoble the
Lorde Pagett at the entreaty of the Courte to putt them both to ques-
tion & so passe by a gen9all erecc̃on of hands noe one dissentinge
wth order for the sealing of them, ∥The copies of both wch do here
ensue.∥ [370]
London for ye first Colony in Virginia To all to whome these presents shall
com Greetinge.
hath by one booke of Accompts of his Office of Deputiship extendinge from
the two & twentieth day of May 1622: till the 12th day of May—1623 and ∥by∥
one other Accompt from the twelfe day of May 1623 vntill the eighteenth day
of Nouember last, exhibited vnto the Courts of the said Treasuror and Com-
pany a true and p̱fect Accompt of all monneys by him received for the vse of
the said Company duringe the time of his Office aforesaid. In wch Accomptℯ
hee hath allso p̱ticularly declared how the said Monneys haue been Disbursed
and expended for the vse of the said Company by lawfull warrants with the
Receipts endorsed or subscribed vnder the said warrants or in Bookes for that
purpose: Wch Accompts accordinge to the orders of the Company, haue been
Duely examyned Audited and approved by the Auditors and Com̃ittees of the
said Company as appeareth vnder their hands, and afterward the said Bookℯ
of Accompts haue layen openly on the Table in the Courtℯ of the said Treas-
uror & Company duringe the times in the said Companies Orders appoynted,
and noe excepc̃on hath been taken vnto them. The said Treasuror and Com-
pany therefore accordinge to their Orders in that case established att the
instance and desire of the said Nicholas fferrar, haue for them and their Suc-
cessors acquitted and discharged, and by these presents doe forever acquitt &
discharge the said Nicholas fferrar his heirs executors and Administrators of
and from all and everie the said Monneys by him Receaved, And of and from
all further Accompt by him to be rendred for the same, and of and from all
Actions Suites, and Demaundℯ, for or by reason of the monneys or Accomptℯ
aforesaid: In Witness wherof the saide Treasuror and Company haue herto
Court of the said Treasuror and Company held the fourth day of ffebruary
1623. And in the years of the raigne of our Soueraigne Lord Iames by the
grace of God king of England, Scotland, ffraunce and Ireland Defender of the
fayth Cr (vizt) of England. ffraunce and Ireland the one and twentieth and of
Scotland the Seven and ffiftieth.
raigne of our Soveraigne Lord Iames by the grace of God kinge of England,
Scotland, ffrance and Ireland defendour of the fayth Cr the one of and Twen-
tieth and of Scotland the Seaven and fiftieth. Between the Treasuror and
Company of Aduenturers & Planters of the Cittie of London for the first
Colony in Virginia of the one partie and Nicholas fferrar of * * * * * *
Witnesseth that wheras the said Nicholas fferrar aswell in his place of Deputy
as likewise in ye many imployments hee hath vndergone for the service of vs
the said Company in all partℯ of the buisiness incident for the prosperinge and
vpholdinge of the Plantac̃on of Virginia, and hath p̳secuted our said service
wth such continuall fayth and industry, as if his educac̃on expence of his time
and good p̱t of his Estate had been ordayned ther vnto, as by the ample testi-
mony of his carryage and by his laborious sustentac̃on of exceedinge care and
paynes through the many troubles wch haue befallen the Company in the time
of his employment hath appeared to the generall sattisfacc̃on of the Company
and apparant high desert of the said Nicholas fferrar. Know yee yt wee the
said Tr̃er and Company haueinge ordered to give him ye greatest guifte of
Lands, that by the Lawes and constituc̃ons of vs the said Company may be
allowed in such cases of our iust acknowledgment and thankfullnes vnto him;
Doe by these p̢sents give and graunt to the said Nicholas fferrar his [371] his
heirs and assignes for ever Twenty Shares of Land Old Adventure in Virginia
to be taken in such place (noe others right beinge p̢eui preiudiced) and at such
time as hee or they shall thinke fitt: To be held by him and them with all those
pryveledges freedomes and immunities wch belonge to Shares of Old Adven-
ture for wch Twelue poundℯ tenn shillings hath been paid: And forasmuch as
all the Accompts of Receipts and Disbursmentℯ, due and by him to be given
in accordinge to the seuerall waies of his said imploymts haue been soe iust
and p̱fect as noe man could be supposed to haue or make any iust excepc̃on ther-
vnto. Wee haue likewise ordered hee shall haue his Quietus est acknowledg-
inge him the said Nicholas fferrar worthy of much more regaurd then at this
present the estate of the said Company is well able to afford: In Witness and
Confirmac̃on wherof the said Treasuror and Company to the one part of this
Indenture haue sett their Legall and Common Seall And to the other part therof
the said Nicholas fferrar hath sett his hand & Seale. Giuen in a great and
generall Quarter Court of ye said Treasuror and Company the day and year
first aboue written.
There was allso presented a Graunt of 800: Acres to mr Maurice
Berkley form9ly given to him and mr Iohn Berkley his ffather (since
Deceassed) in reward of their service vppon the Iron Workes in Vir-
ginia, wch Graunt beinge drawne vpp by the apoyntment of the last
Court was now read approved and ordered to be sealled being as
followeth. [372][199]
Wheras there was a Com̃ittee appoynted the 14th of Ianuary last to
ioyne & Conferr with a Summer Islandℯ Com̃ittee about settlinge
some course for better ventinge of Tobacco of both the Plantac̃ons;
Itt was now thought fitt and ordered that seeings the Som̃er Ilandℯ
Company had neglected all this while to giue them a meetinge,
although itt p̳ceeded meerlie att first from their moc̃on & request (as
by the said Court appears) that the said Virginia Com̃ittee for Tobacco
and their authoritie should now cease and determine.
fforasmuch as itt was informed by mr Deputy that the Grand Com̃ittee
had not as yett thought on any course for movinge his Maties: Comis-
sioners to make some Report to the Lords of the Counsell, what they
haue done in the seuerall buisinesses brought before them by the
Company of Virginia & their Opposers wherby the iustnes and fayre-
ness of the Companies proceedings might be manyfested to all the
world. The said Com̃ittee were intreated by this Coorte to meete
about itt on ffryday next in the afternoone at mr Deputies house.
And they are likewise entreated to take care that the Comissioners be
further moved to require Sr Thomas Smith either to shew a sufficient
answere why hee is not to pay the 800li: charged vppon the first two
heads of excepc̃on against his Accompts or otherwise be caused to pay
in the said monneys to the Company beinge now in great want therof.
Mr Waterhouse Petic̃on and request for some Considerac̃ons of his
paines and time spent in the Companies service for two years and a
halfe past was referred to the Auditors and Com̃ittees to deliver their
opyneons what they shall thinke fitt to be done therein.
The seuerall Shares propounded at the Last Court, were now put to
ye question and ratefyed and thervppon the p̱ties were admitted to
sett in Court.
| The records of the Virginia Company of London | |