diff options
Diffstat (limited to '36181.txt')
| -rw-r--r-- | 36181.txt | 5350 |
1 files changed, 5350 insertions, 0 deletions
diff --git a/36181.txt b/36181.txt new file mode 100644 index 0000000..52952f4 --- /dev/null +++ b/36181.txt @@ -0,0 +1,5350 @@ +The Project Gutenberg EBook of The Three Charters of the Virginia Company +of London, by Virginia 350th Anniversary Celebration Corporation + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Three Charters of the Virginia Company of London + With Seven Related Documents; 1606-1621 + +Author: Virginia 350th Anniversary Celebration Corporation + +Release Date: May 21, 2011 [EBook #36181] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK CHARTERS--VIRGINIA CO. OF LONDON *** + + + + +Produced by Mark C. Orton, Carol Ann Brown and the Online +Distributed Proofreading Team at https://www.pgdp.net. + + + + + + THE THREE CHARTERS OF THE + VIRGINIA COMPANY OF LONDON + + With Seven Related Documents; + + 1606-1621 + + With an introduction by + + Samuel M. Bemiss + President, Virginia Historical Society + + + VIRGINIA 350TH ANNIVERSARY CELEBRATION CORPORATION + WILLIAMSBURG, VIRGINIA + 1957 + + COPYRIGHT(C), 1957 BY + VIRGINIA 350TH ANNIVERSARY CELEBRATION + CORPORATION, WILLIAMSBURG, VIRGINIA + + Jamestown 350th Anniversary + Historical Booklet Number 4 + + + + + CONTENTS + + + + Introduction v + + The First Charter, April 10, 1606 1 + + Articles, Instructions and Orders + November 20, 1606 13 + + Ordinance and Constitution, March 9, 1607 23 + + The Second Charter, May 23, 1609 27 + + Virginia Council Instructions to + Sir Thomas Gates, May, 1609 55 + + Virginia Council Instructions to + Sir Thomas West, 1609/10 70 + + The Third Charter, March 12, 1612 76 + + Virginia Company Instructions to + Sir George Yeardley, November 18, 1618 95 + (Sometimes called "The Great Charter") + + Virginia Company Instructions to Governor and + Council in Virginia, July 24, 1621 109 + + Treasurer and Company. An Ordinance and Constitution + for Council and Assembly in Virginia, July 24, 1621 126 + + + + +INTRODUCTION + + +Historians may trace in the Royal charters issued to the Virginia +Company of London a course of empire; a Company organized for profit by +the ablest businessmen of their time--merchants, manufacturers, +statesmen, and artists who bound themselves together in a joint stock +enterprise. The historian may also find in the three charters here +published a pattern for a parliamentary system and its development into +the American form of government. He might even perceive the inception of +a new society. + +The origin of the joint stock company was probably primitive. Its later +genesis may readily be seen in the medieval guild. It became an English +institution in its application by Sir Walter Raleigh to his magnificent +adventures in both honest trade and romantic piracy. + +The Company provided an agency for assembling adventure capital and +supplying able management to enterprises of great moment. It offered an +invitation to the industrious to participate in the growing wealth and +expanding power of the great English middle class. It supplied an +opportunity to small investors and it limited their liability. It was an +adaptation by practical people to practical problems. + +Subscribers, or shareholders, met in their quarterly courts to discuss +the business of the Company and participate in its management. These +courts were the counterpart of our present day corporate stockholders' +meetings and were characterized by the same sort of discussions. King +James could protest vehemently against the "democratical principles of +the Company." He could see in their charters the final death warrant of +feudalism. He could execute Raleigh "chiefly for giving satisfaction to +the King of Spain." He could revoke the charters in 1624, but he could +not stop the rising tide of representative institutions nor darken the +great vision of the liberal Elizabethans. A new day had dawned. + +The General Assembly which met at Jamestown in 1619 was the natural +child of the Company. Some of the planters along the James River were +shareholders in the Company. They had a voice in its management. In the +management of the civil affairs of the Colony it was, therefore, logical +that the plantations should elect their representatives to the local +governing body. It was thus that the first freely elected parliament of +a self-governing people in the Western World came into existence. Its +principles were based on those of the corporation chartered and +organized for profit by businessmen. + +The three charters here published, changed successively to meet changing +conditions, were the rules and the by-laws for the commercial, economic, +and political development of a homogeneous, industrious English society +in a land of opportunity. The principal authors and executors of the +charters, Sir Thomas Smith and Sir Edwin and George Sandys, were +businessmen. They were practical men. They found a practical way to +assemble capital and ability, and coordinate them in constructive +enterprise. + +A hundred years before the great Virginia adventure, Luther, Erasmus, +and Columbus rang down the curtain on the weary and confined drama of +the Middle Ages. Expanding horizons challenged man's vision and +intellect. Great courage made Englishmen adventurers in all things. + +The charters here presented are among the world's great documents. The +first which was drawn while Sir Edward Coke was Lord Chief Justice is +replete with certain traditional and feudal principles, reverence for +the English common law and the supreme authority of the King and his +agents. The second, principally the work of the liberal Sir Edwin Sandys +with the approving participation of Sir Francis Bacon, great exponent of +natural law, marks a transition from government by arbitrary royal +authority to the concept that government rests on the consent of the +governed and on the fundamental right of man to enjoy the fruits of his +labor. Students may read in this charter the first principles of the +American Constitution. The third charter is an attempt to refine +principles enunciated in the second in the light of experience. In +addition to its political significance, the second charter proved a +tremendous stimulus to the Virginia enterprise. + +Gondomar, the Spanish Ambassador, wrote to his King that "fourteen +Counts and Barons have given 40,000 ducats, the merchants give much more +and there is no poor little man or woman who is not willing to subscribe +something." The landed aristocracy, gentry, merchants, and yeomen had +joined in a company which they directed to provide capital and ability +for a great enterprise. + +The text of the three charters of the Virginia Company is taken from a +contemporary copy recently discovered among the Chancery Rolls of the +Public Record Office in London--contemporary enrollments "representing +the official text of the charters kept in official custody," according +to the Deputy Keeper, Mr. D. L. Evans. A photostatic copy of this +manuscript is in possession of the Virginia State Library. Each charter +was transcribed in England by Doctor Nellie J. M. Kerling for the +editor's use. + +Heretofore scholars have had access to the charters only through the +text in William Stith's _The History of the First Discovery and +Settlement of Virginia_ (Williamsburg, Printed by William Parks, 1747), +in sources based upon this, or in Alexander Brown's _The Genesis of the +United States_ (Boston, 1890). + +No original of any of the charters is known to exist, although other +copies of varying degrees of completeness have been located in England +and on the continent. One copy, made with the authority of the Governor, +Council, and House of Burgesses of the Colony, was used as evidence to +support a petition against Lord Culpeper's land grants. This is included +in the Henry Coventry papers in the library of the Marquess of Bath at +Longleat, Wiltshire, England (Vol. LXXVI, _Papers relating to Virginia, +Barbados, and other Colonies, 1606-1675_). These documents have been +microfilmed by the American Council of Learned Societies, "British +Manuscripts Project." Many of them will soon be published by the +Virginia Historical Society under the editorship of Dr. W. E. Washburn. + +Another copy of the charters is in the Public Record Office, "Entry +books of letters, commissions, instructions, charters, warrants, +patents, grants, etc." (formerly "Record book No. LXXIX"), an abstract +of which appears in the _Calendar of State Papers, Colonial Series_, +Vol. I. Microfilm copies of this text are in the Library of Congress and +the Virginia State Library. Other copies have recently been discovered +in France and Spain by Dr. George Reese who has been employed by the +Virginia 350th Anniversary Celebration Corporation to search foreign +libraries for documentary material pertinent to the study of 17th +century Virginia. Ultimately, microfilm copies of these records will be +made available to research libraries in the United States. + +The seven accompanying documents, included to illustrate the practical +rather than theoretical basis of the administration of the Colony, have +been taken from the best available manuscript or printed source. These +official papers, together with the three charters of the Virginia +Company, may be termed the constitutions and are the basic sources for +the study of the Colony during the first fifteen years of its existence. + +A few necessary liberties have been taken in transcribing these +documents: abbreviations and contractions have been spelled out, +capitalization and punctuation have been adjusted according to modern +usage and, to prevent possible confusion, certain letters used +interchangeably (such as "i" and "j", "v" and "u") are employed +according to twentieth century practice. In the text of the three +charters, omitted words or phrases have been supplied in brackets from +the text in Stith. Brackets are also employed to supply the name of an +adventurer if there is any deviation in spelling between Stith and the +manuscript version: _e.g._, "Sir Charles Willmott, Knight [Wilmot]." + +This publication owes its issuance to the inspiration and leadership +furnished by Dr. Earl G. Swem, Librarian Emeritus of the College of +William and Mary. I should like also to acknowledge the faithful +transcription of the text by Dr. Nellie J. N. Kerling, and the deep +interest and active support of Dr. Gertrude R. B. Richards, who most +patiently assisted in the transcription; also to Mr. Francis L. +Berkeley, Jr., Archivist of the Alderman Library, University of Virginia +and to Mr. John M. Jennings, Director of the Virginia Historical +Society. To Mr. James A. Servies, Reference Librarian of the Library of +William and Mary College, has fallen the arduous and difficult task of a +comparative, detailed study of all the texts in the different versions. +The printed text in these pages is from a typed copy by Mr. Servies, +prepared with the most painstaking application, as the result of the +comparison of copies transcribed by Dr. Kerling and Dr. Richards, and of +the printed pages in Stith. The merit of an accurate and readable text +must be ascribed to the industry and scholarly perception of Mr. +Servies. + + + SAMUEL M. BEMISS + + + + + THE THREE CHARTERS OF THE VIRGINIA + COMPANY OF LONDON + + + + +THE FIRST CHARTER + +APRIL 10, 1606 + + +James, by the grace of God [King of England, Scotland, France, and +Ireland, Defender of the Faith], etc. Whereas our loving and weldisposed +subjects, Sir Thomas Gates and Sir George Somers, Knightes; Richarde +Hackluit, Clarke, Prebendarie of Westminster; and Edwarde Maria +Winghfeilde,[1] Thomas Hannam and Raleighe Gilberde, Esquiers; William +Parker and George Popham, Gentlemen; and divers others of our loving +subjects, have been humble sutors unto us that wee woulde vouchsafe unto +them our licence to make habitacion, plantacion and to deduce a colonie +of sondrie of our people into that parte of America commonly called +Virginia, and other parts and territories in America either appartaining +unto us or which are not nowe actuallie possessed by anie Christian +prince or people, scituate, lying and being all along the sea coastes +between fower and thirtie degrees of northerly latitude from the +equinoctiall line and five and fortie degrees of the same latitude and +in the maine lande betweene the same fower and thirtie and five and +fourtie degrees, and the ilandes thereunto adjacente or within one +hundred miles of the coaste thereof; + + [Footnote 1: Throughout, this and the following two names + are spelled as "Wingfield," "Hanham," and "Gilbert" in + Stith.] + +And to that ende, and for the more speedy accomplishemente of theire +saide intended plantacion and habitacion there, are desirous to devide +themselves into two severall colonies and companies, the one consisting +of certaine Knightes, gentlemen, marchanntes and other adventurers of +our cittie of London, and elsewhere, which are and from time to time +shalbe joined unto them which doe desire to begin theire plantacions and +habitacions in some fitt and conveniente place between fower and thirtie +and one and fortie degrees of the said latitude all alongest the coaste +of Virginia and coastes of America aforesaide; and the other consisting +of sondrie Knightes, gentlemen, merchanntes, and other adventurers of +our citties of Bristoll and Exeter, and of our towne of Plymouthe, and +of other places which doe joine themselves unto that colonie which doe +desire to beginn theire plantacions and habitacions in some fitt and +convenient place betweene eighte and thirtie degrees and five and fortie +degrees of the saide latitude all alongst the saide coaste of Virginia +and America as that coaste lieth; + +Wee, greately commending and graciously accepting of theire desires to +the furtherance of soe noble a worke which may, by the providence of +Almightie God, hereafter tende to the glorie of His Divine Majestie in +propagating of Christian religion to suche people as yet live in +darkenesse and miserable ignorance of the true knoweledge and worshippe +of God and may in tyme bring the infidels and salvages living in those +parts to humane civilitie and to a setled and quiet govermente, doe by +theise our lettres patents graciously accepte of and agree to theire +humble and well intended desires; + +And doe, therefore, for us, our heires and successors, grannte and agree +that the saide Sir Thomas Gates, Sir George Sumers, Richarde Hackluit +and Edwarde Maria Winghfeilde, adventurers of and for our cittie of +London, and all suche others as are or shalbe joined unto them of that +Colonie, shalbe called the Firste Colonie, and they shall and may +beginne theire saide firste plantacion and seate of theire firste aboade +and habitacion at anie place upon the saide coaste of Virginia or +America where they shall thincke fitt and conveniente betweene the saide +fower and thirtie and one and fortie degrees of the saide latitude; and +that they shall have all the landes, woods, soile, groundes, havens, +ports, rivers, mines, mineralls, marshes, waters, fishinges, commodities +and hereditamentes whatsoever, from the said first seate of theire +plantacion and habitacion by the space of fiftie miles of Englishe +statute measure all alongest the saide coaste of Virginia and America +towardes the weste and southe weste as the coaste lieth, with all the +islandes within one hundred miles directlie over againste the same sea +coaste; and alsoe all the landes, soile, groundes, havens, ports, +rivers, mines, mineralls, woods, marrishes [marshes], waters, fishinges, +commodities and hereditamentes whatsoever, from the saide place of +theire firste plantacion and habitacion for the space of fiftie like +Englishe miles, all alongest the saide coaste of Virginia and America +towardes the easte and northeaste [or toward the north] as the coaste +lieth, together with all the islandes within one hundred miles directlie +over againste the same sea coaste; and alsoe all the landes, woodes, +soile, groundes, havens, portes, rivers, mines, mineralls, marrishes, +waters, fishinges, commodities and hereditamentes whatsoever, from the +same fiftie miles everie waie on the sea coaste directly into the maine +lande by the space of one hundred like Englishe miles; and shall and may +inhabit and remaine there; and shall and may alsoe builde and fortifie +within anie the same for theire better safegarde and defence, according +to theire best discrecions and the direction of the Counsell of that +Colonie; and that noe other of our subjectes shalbe permitted or +suffered to plante or inhabit behinde or on the backside of them +towardes the maine lande, without the expresse licence or consente of +the Counsell of that Colonie thereunto in writing firste had or +obtained. + +And wee doe likewise for us, our heires and successors, by theise +presentes grannte and agree that the saide Thomas Hannam and Raleighe +Gilberde, William Parker and George Popham, and all others of the towne +of Plymouthe in the countie of Devon, or elsewhere, which are or shalbe +joined unto them of that Colonie, shalbe called the Seconde Colonie; and +that they shall and may beginne theire saide firste plantacion and seate +of theire first aboade and habitacion at anie place upon the saide +coaste of Virginia and America, where they shall thincke fitt and +conveniente, betweene eighte and thirtie degrees of the saide latitude +and five and fortie degrees of the same latitude; and that they shall +have all the landes, soile, groundes, havens, ports, rivers, mines, +mineralls, woods, marishes, waters, fishinges, commodities and +hereditaments whatsoever, from the firste seate of theire plantacion and +habitacion by the space of fiftie like Englishe miles, as is aforesaide, +all alongeste the saide coaste of Virginia and America towardes the +weste and southwest, or towardes the southe, as the coaste lieth, and +all the islandes within one hundred miles directlie over againste the +saide sea coaste; and alsoe all the landes, soile, groundes, havens, +portes, rivers, mines, mineralls, woods, marishes, waters, fishinges, +commodities and hereditamentes whatsoever, from the saide place of +theire firste plantacion and habitacion for the space of fiftie like +miles all alongest the saide coaste of Virginia and America towardes the +easte and northeaste or towardes the northe, as the coaste liethe, and +all the islandes alsoe within one hundred miles directly over againste +the same sea coaste; and alsoe all the landes, soile, groundes, havens, +ports, rivers, woodes, mines, mineralls, marishes, waters, fishings, +commodities and hereditaments whatsoever, from the same fiftie miles +everie waie on the sea coaste, directlie into the maine lande by the +space of one hundred like Englishe miles; and shall and may inhabit and +remaine there; and shall and may alsoe builde and fortifie within anie +the same for theire better saufegarde according to theire beste +discrecions and the direction of the Counsell of that Colonie; and that +none of our subjectes shalbe permitted or suffered to plante or inhabit +behinde or on the backe of them towardes the maine lande without the +expresse licence or consente of the Counsell of that Colonie, in writing +thereunto, firste had and obtained. + +Provided alwaies, and our will and pleasure herein is, that the +plantacion and habitacion of suche of the saide Colonies as shall laste +plante themselves, as aforesaid, shall not be made within one hundred +like Englishe miles of the other of them that firste beganne to make +theire plantacion, as aforesaide. + + [Illustration: Photo by T. L. Williams + King James I + from the painting by Paul Van Somer] + +And wee doe alsoe ordaine, establishe and agree for [us], our heires and +successors, that eache of the saide Colonies shall have a Counsell which +shall governe and order all matters and causes which shall arise, growe, +or happen to or within the same severall Colonies, according to such +lawes, ordinannces and instructions as shalbe in that behalfe, given and +signed with our hande or signe manuell and passe under the Privie Seale +of our realme of Englande; eache of which Counsells shall consist of +thirteene parsons[2] and to be ordained, made and removed from time to +time according as shalbe directed and comprised in the same +instructions; and shall have a severall seale for all matters that shall +passe or concerne the same severall Counsells, eache of which seales +shall have the Kinges armes engraven on the one side there of and his +pourtraiture on the other; and that the seale for the Counsell of the +saide Firste Colonie shall have engraven rounde about on the one side +theise wordes: Sigillum Regis Magne Britanie, Francie [et] Hibernie; on +the other side this inscripture rounde about: Pro Consillio Prime +Colonie Virginie. And the seale for the Counsell of the saide Seconde +Colonie shall alsoe have engraven rounde about the one side thereof the +foresaide wordes: Sigillum Regis Magne Britanie, Francie [et] Hibernie; +and on the other side: Pro Consilio Secunde Colonie Virginie. + + [Footnote 2: _i.e._, "persons"] + +And that alsoe ther shalbe a Counsell established here in Englande which +shall in like manner consist of thirteen parsons to be, for that +purpose, appointed by us, our heires and successors, which shalbe called +our Counsell of Virginia; and shall from time to time have the superior +managing and direction onelie of and for all matters that shall or may +concerne the govermente, as well of the said severall Colonies as of and +for anie other parte or place within the aforesaide precinctes of fower +and thirtie and five and fortie degrees abovementioned; which Counsell +shal in like manner have a seale for matters concerning the Counsell [or +Colonies] with the like armes and purtraiture as aforesaide, with this +inscription engraven rounde about the one side: Sigillum Regis Magne +Britanie, Francie [et] Hibernie; and rounde about the other side: Pro +Consilio Suo Virginie. + +And more over wee doe grannte and agree for us, our heires and +successors, that the saide severall Counsells of and for the saide +severall Colonies shall and lawfully may by vertue hereof, from time to +time, without interuption of us, our heires or successors, give and take +order to digg, mine and searche for all manner of mines of goulde, +silver and copper, as well within anie parte of theire saide severall +Colonies as of the saide maine landes on the backside of the same +Colonies; and to have and enjoy the goulde, silver and copper to be +gotten there of to the use and behoofe of the same Colonies and the +plantacions thereof; yeilding therefore yerelie to us, our heires and +successors, the fifte parte onelie of all the same goulde and silver and +the fifteenth parte of all the same copper soe to be gotten or had, as +is aforesaid, and without anie other manner of profitt or accompte to be +given or yeilded to us, our heires or successors, for or in respecte of +the same. + +And that they shall or lawfullie may establishe and cawse to be made a +coine, to passe currant there betwene the people of those severall +Colonies for the more ease of traffique and bargaining betweene and +amongest them and the natives there, of such mettall and in such manner +and forme as the same severall Counsells there shall limitt and +appointe. And wee doe likewise for us, our heires and successors, by +theise presents give full power and auctoritie to the said Sir Thomas +Gates, Sir George Sumers, Richarde Hackluit, Edwarde Maria Winghfeilde, +Thomas Hannam, Raleighe Gilberde, William Parker and George Popham, and +to everie of them, and to the saide severall Companies, plantacions and +Colonies, that they and everie of them shall and may at all and everie +time and times hereafter have, take and leade in the saide voyage, and +for and towardes the saide severall plantacions and Colonies, and to +travell thitherwarde and to abide and inhabit there in everie of the +saide Colonies and plantacions, such and somanie of our subjectes as +shall willinglie accompanie them, or anie of them, in the saide voyages +and plantacions, with sufficiente shipping and furniture of armour, +weapon, ordonnance, powder, victall, and all other thinges necessarie +for the saide plantacions and for theire use and defence there: provided +alwaies that none of the said parsons be such as hereafter shalbe +speciallie restrained by us, our heires or successors. + +Moreover, wee doe by theise presents, for us, our heires and successors, +give and grannte licence unto the said Sir Thomas Gates, Sir George +Sumers, Richarde Hackluite, Edwarde Maria Winghfeilde, Thomas Hannam, +Raleighe Gilberde, William Parker and George Popham, and to everie of +the said Colinies, that they and everie of them shall and may, from time +to time and at all times for ever hereafter, for theire severall +defences, incounter or expulse, repell and resist, aswell by sea as by +lande, by all waies and meanes whatsoever, all and everie suche parson +and parsons as without espiciall licence of the said severall Colonies +and plantacions shall attempte to inhabit within the saide severall +precincts and limitts of the saide severall Colonies and plantacions, or +anie of them, or that shall enterprise or attempt at anie time hereafter +the hurte, detrimente or annoyance of the saide severall Colonies or +plantacions. + +Giving and grannting by theise presents unto the saide Sir Thomas Gates, +Sir George Somers, Richarde Hackluite, and Edwarde Maria Winghfeilde, +and theire associates of the said Firste Colonie, and unto the said +Thomas Hannam, Raleighe Gilberde, William Parker and George Popham, and +theire associates of the saide Second Colonie, and to everie of them +from time to time and at all times for ever hereafter, power and +auctoritie to take and surprize by all waies and meanes whatsoever all +and everie parson and parsons with theire shipps, vessels, goods and +other furniture, which shalbe founde traffiqueing into anie harbor or +harbors, creeke, creekes or place within the limitts or precincts of the +saide severall Colonies and plantacions, not being of the same Colonie, +untill such time as they, being of anie realmes or dominions under our +obedience, shall paie or agree to paie to the handes of the Tresorer of +the Colonie, within whose limitts and precincts theie shall soe +traffique, twoe and a halfe upon anie hundred of anie thing soe by them +traffiqued, boughte or soulde; and being stranngers and not subjects +under our obeysannce, untill they shall paie five upon everie hundred of +suche wares and commoditie as theie shall traffique, buy or sell within +the precincts of the saide severall Colonies wherein theie shall soe +traffique, buy or sell, as aforesaide; which sommes of money or +benefitt, as aforesaide, for and during the space of one and twentie +yeres nexte ensuing the date hereof shalbe whollie imploied to the use, +benefitt and behoofe of the saide severall plantacions where such +trafficque shalbe made; and after the saide one and twentie yeres ended +the same shalbe taken to the use of us, our heires and successors by +such officer and minister as by us, our heires and successors shalbe +thereunto assigned or appointed. + +And wee doe further, by theise presentes, for us, our heires and +successors, give and grannte unto the saide Sir Thomas Gates, Sir George +Sumers, Richarde Hachluit, and Edwarde Maria Winghfeilde, and to theire +associates of the saide Firste Colonie and plantacion, and to the saide +Thomas Hannam, Raleighe Gilberde, William Parker and George Popham, and +theire associates of the saide Seconde Colonie and plantacion, that +theie and everie of them by theire deputies, ministers and factors may +transport the goods, chattells, armor, munition and furniture, needfull +to be used by them for theire saide apparrell, defence or otherwise in +respecte of the saide plantacions, out of our realmes of Englande and +Irelande and all other our dominions from time to time, for and during +the time of seaven yeres nexte ensuing the date hereof for the better +releife of the said severall Colonies and plantacions, without anie +custome, subsidie or other dutie unto us, our heires or successors to be +yeilded or paide for the same. + +Alsoe wee doe, for us, our heires and successors, declare by theise +presentes that all and everie the parsons being our subjects which shall +dwell and inhabit within everie or anie of the saide severall Colonies +and plantacions and everie of theire children which shall happen to be +borne within the limitts and precincts of the said severall Colonies and +plantacions shall have and enjoy all liberties, franchises and immunites +within anie of our other dominions to all intents and purposes as if +they had been abiding and borne within this our realme of Englande or +anie other of our saide dominions. + +Moreover our gracious will and pleasure is, and wee doe by theise +presents, for us, our heires and successors, declare and sett forthe, +that if anie parson or parsons which shalbe of anie of the said Colonies +and plantacions or anie other, which shall trafficque to the saide +Colonies and plantacions or anie of them, shall at anie time or times +hereafter transporte anie wares, marchandize or commodities out of [any] +our dominions with a pretence and purpose to lande, sell or otherwise +dispose the same within anie the limitts and precincts of anie of the +saide Colonies and plantacions, and yet nevertheles being at the sea or +after he hath landed the same within anie of the said Colonies and +plantacions, shall carrie the same into any other forraine countrie with +a purpose there to sell or dispose of the same without the licence of +us, our heires or successors in that behalfe first had or obtained, that +then all the goods and chattels of the saide parson or parsons soe +offending and transporting, together with the said shippe or vessell +wherein suche transportacion was made, shall be forfeited to us, our +heires and successors. + +Provided alwaies, and our will and pleasure is and wee doe hereby +declare to all Christian kinges, princes and estates, that if anie +parson or parsons which shall hereafter be of anie of the said severall +Colonies and plantacions, or anie other, by his, theire, or anie of +theire licence or appointment, shall at anie time or times hereafter +robb or spoile by sea or by lande or doe anie acte of unjust and +unlawfull hostilitie to anie the subjects of us, our heires or +successors, or anie of the subjects of anie king, prince, ruler, +governor or state being then in league or amitie with us, our heires or +successors, and that upon suche injurie or upon juste complainte of such +prince, ruler, governor or state or their subjects, wee, our heires or +successors, shall make open proclamation within anie the ports of our +realme of Englande, commodious for that purpose, that the saide parson +or parsons having committed anie such robberie or spoile shall, within +the terme to be limitted by suche proclamations, make full restitucion +or satisfaction of all suche injuries done, soe as the saide princes or +others soe complained may houlde themselves fully satisfied and +contented; and that if the saide parson or parsons having committed such +robberie or spoile shall not make or cause to be made satisfaction +accordingly with[in] such time soe to be limitted, that then it shalbe +lawfull to us, our heires and successors to put the saide parson or +parsons having committed such robberie or spoile and theire procurers, +abbettors or comfortors out of our allegeannce and protection; and that +it shalbe lawefull and free for all princes and others to pursue with +hostilitie the saide offenders and everie of them and theire and everie +of theire procurers, aiders, abbettors and comforters in that behalfe. + +And finallie wee doe, for us, our heires and successors, grannte and +agree, to and with the saide Sir Thomas Gates, Sir George Sumers, +Richarde Hackluit and Edwarde Maria Winghfeilde, and all other of the +saide Firste Colonie, that wee, our heires or successors, upon peticion +in that behalfe to be made, shall, by lettres patents under the Greate +[Seale] of Englande, give and grannte unto such parsons, theire heires +and assignees, as the Counsell of that Colonie or the most part of them +shall for that purpose nomminate and assigne, all the landes, tenements +and hereditaments which shalbe within the precincts limitted for that +Colonie, as is aforesaid, to be houlden of us, our heires and successors +as of our mannor of Eastgreenwiche in the countie of Kente, in free and +common soccage onelie and not in capite. + +And doe, in like manner, grannte and agree, for us, our heires and +successors, to and with the saide Thomas Hannam, Raleighe Gilberd, +William Parker and George Popham, and all others of the saide Seconde +Colonie, that wee, our heires [and] successors, upon petition in that +behalfe to be made, shall, by lettres patentes under the Great Seale of +Englande, give and grannte unto such parsons, theire heires and +assignees, as the Counsell of that Colonie or the most parte of them +shall for that purpose nomminate and assigne, all the landes, tenementes +and hereditaments which shalbe within the precinctes limitted for that +Colonie as is afore said, to be houlden of us, our heires and successors +as of our mannor of Eastgreenwich in the countie of Kente, in free and +common soccage onelie and not in capite. + +All which landes, tenements and hereditaments soe to be passed by the +saide severall lettres patents, shalbe, by sufficient assurances from +the same patentees, soe distributed and devided amongest the undertakers +for the plantacion of the said severall Colonies, and such as shall make +theire plantacion in either of the said severall Colonies, in such +manner and forme and for such estates as shall [be] ordered and sett +[downe] by the Counsell of the same Colonie, or the most part of them, +respectively, within which the same lands, tenements and hereditaments +shall ly or be. Althoughe expresse mencion [of the true yearly value or +certainty of the premises, or any of them, or of any other gifts or +grants, by us or any our progenitors or predecessors, to the aforesaid +Sir Thomas Gates, Knt. Sir George Somers, Knt. Richard Hackluit, +Edward-Maria Wingfield, Thomas Hanham, Ralegh Gilbert, William Parker, +and George Popham, or any of them, heretofore made, in these presents, +is not made; or any statute, act, ordnance, or provision, proclamation, +or restraint, to the contrary hereof had, made, ordained, or any other +thing, cause, or matter whatsoever, in any wise notwithstanding.] In +witnesse wherof [we have caused these our letters to be made patents;] +witnesse our selfe at Westminister the xth day of Aprill [1606, in the +fourth year of our reign of England, France, and Ireland, and of +Scotland the nine and thirtieth.] + + [Lukin] + + Exactum per breve de private sigillo [etc.] + +P. R. O. Chancery Patent Rolls (c. 66), 1709; Stith, Appendix, pp. 1-8; +Hening's _Statutes_, Vol. I, pp. 57-66. + + + + +ARTICLES, INSTRUCTIONS AND ORDERS + + + + +NOVEMBER 20, 1606 + + + Articles, instructions and orders made, sett down and + established by us the twentieth day of November, in the year + of our raigne of England, France and Ireland the fourth and + of Scotland the fortieth, for the good order and government + of the two several Colonies and plantations to be made by + our loving subjects in the country commonly called Virginia + and America, between 34 and 45 degrees from the aequinoctial + line. + +Wheras wee, by our letters pattents under our Great Seale of England +bearing date att Westminster the tenth day of Aprill in the year of our +raigne of England, France and Ireland the fourth and of Scotland the +39th, have given lycence to sundry our loving subjects named in the said +letters pattents, and to their associates, to deduce and conduct two +several Collonies or plantations of sundry our loving people willing to +abide and inhabit in certaine parts of Virginia and America, with divers +preheminences, priviledges, authorities and other things, as in and by +the same letters pattents more particularly it appeareth; wee, according +to the effect and true meaning of the same letters pattents, doe by +these presents, signed with our hand, signe manuel and sealed with our +Privy Seale of our realme of England, establish and ordaine that our +trusty and welbeloved Sir William Wade, Knight, our Lieutanant of our +Tower of London; Sir Thomas Smith, Knight; Sir Walter Cope, Knight; Sir +George Moor, Knight; Sir Francis Popeham, Knight; Sir Ferdinando Gorges, +Knight; Sir John Trevor, Knight; Sir Henry Montague, Knight, Recorder of +the citty of London; Sir William Rumney, Knight; John Dodderidge, Esq., +Solliciter General; Thomas la Warr, Esq.; John Eldred, of the citty of +London, merchant; Thomas James, of the citty of Bristol, merchant; and +James Bagge, of Plymouth, in the county of Devonshire, merchant; shall +be our Councel for all matters which shall happen in Virginia or any the +territories of America between 34 and 45 degrees from the aequinoctial +line northward and the islands to the several Collonies limitted and +assigned; and that they shal be called the King's Councel of Virginia, +which Councel or the most part of them shal have full power and +authority att our pleasure, in our name and under us, our heires and +successors, to give directions to the Councels of the several Colonies +which shal be within any part of the said country of Virginia and +America within the degrees first above mentioned, with the islands +aforesaid, for the good government of the people to be planted in those +parts and for the good ordering and disposing of all causes happening +within the same (and the same to be done for the substance thereof as +neer to the common lawes of England and the equity thereof as may be) +and to passe under our scale app[ointed][3] for that Councel, which +Councel and every or any of them shall from time to [time] be increased, +altered or changed and others put in their places att the [nomi]nation +of us, our heires and successors and att our and their will and +plea[sure]; and the same Councel of Virginia or the more part of them, +for the time bei[ng], shall nominate and appoint the first several +Councellours of those several Councells which are to be appointed for +those two several Colonies whi[ch are] to be made plantations in +Virginia and America between the degrees [before] mentioned, according +to our said letters pattents in that behalfe made; and that each of the +same Councels of the same several Colonies shal, by the major part of +them, choose one of the same Councel, not being the minister of God's +word, to be President of the same Councel and to continue in that office +by the space of one whole year, unlesse he shall in the mean time dye or +be removed from that office; and wee doe further hereby establish & +ordaine that it shal be lawful for the major part of either of the said +Councells, upon any just cause, either absence or otherwise, to remove +the President or any other of that Councel from being either President +or any of that Councel, and upon the deathes or removal of any of the +Presidents or Councel it shal be lawfull for the major part of that +Councel to elect another in the place of the party soe dying or removed, +soo alwaies as they shal not be above thirteen of either of the said +Councellours; and wee doe establish & ordaine that the President shal +not continue in his office of Presidentship above the space of one year; +and wee doe especially ordaine, charge and require the said Presidents +and Councells and the ministers of the said several Colonies +respectively, within their several limits and precincts, that they with +all diligence, care and respect doe provide that the true word and +service of God and Christian faith be preached, planted and used, not +only within every of the said several Colonies and plantations but alsoe +as much as they may amongst the salvage people which doe or shall +adjoine unto them or border upon them, according to the doctrine, rights +and religion now professed and established within our realme of England; +and that they shall not suffer any person or persons to withdrawe any of +the subjects or people inhabiting or which shall inhabit within any of +the said several Colonies and plantations from the same or from their +due allegiance unto us, our heires and successors, as their immediate +soveraigne under God; and if they shall find within any of the said +Colonies and plantations any person or persons soe seeking to withdrawe +any of the subjects of us, our heires or successors, or any of the +people of those lands or territories within the precincts aforesaid, +they shall with all diligence him or them soe offending cause to be +apprehended, arrested and imprisoned until he shall fully and throughly +reforme himselfe, or otherwise, when the cause soe requireth, that he +shall withall convenient speed be sent into our realme of England, here +to receive condigne punishment for his or their said offence or +offences; and moreover wee doe hereby ordaine and establish for us, our +heires and successors that all the lands, tenements and hereditaments to +be had and enjoyed by any of our subjects with the precincts aforesaid +shal be had and inherited and injoyed according as in the like estates +they be had & enjoyed by the lawes within this realme of England; and +that the offences of tumults, rebellion, conspiracies, mutiny and +seditions in those parts which maybe dangerous to the estates there, +together with murther, manslaughter, incest, rapes and adulteries +committed in those parts within the precincts of any the degrees above +mentioned (and noe other offences) shal be punished by death, and that +without the benefit of the clergy except in case of manslaughter, in +which clergie is to be allowed; and that the said several Presidents and +Councells and the greater number of them within every of the several +limits and precincts shall have full power and authority to hear and +determine all and every the offences aforesaid within the precinct of +their several Colonies, in manner and forme following, that is to say, +by twelve honest and indifferent persons sworne upon the Evangelists, to +be returned by such ministers and officers, as every of the said +Presidents and Councells, or the most part of them respectively, shall +assigne; and the twelve persons soe returned and sworne shall, according +to their evidence to be given unto them upon oath and according to the +truth in their consciences, either convict or acquit every of the said +persons soe to be accused & tried by them; and that all and every person +or persons which shall voluntarily confesse any of the said offences to +be committed by him shall, upon such his confession thereof, be +convicted of the same as if he had been found guilty of the same by the +verdict of any such twelve jurors, as is aforesaid; and that every +person and persons which shall be accused of any of the said offences +and which shall stand mute or refusing to make direct answer thereunto, +shall be and be held convicted of the said offence as if he had been +found guilty by the verdict of such twelve jurors, as aforesaid; and +that every person and persons soe convicted either by verdict, his own +confession or by standing mute or by refusing directly to answer as +aforesaid of any of the offences before mentioned, the said Presidents +or Councells, or the greatest number of them within their several +precincts and limitts where such conviction shall be had and made, as +aforesaid, shall have full power and authority by these presents to give +judgment of death upon every such offended [offender] without the +benefit of the clergy, except only in cause of manslaughter, and noe +person soe adjudged, attainted or condemned shall be reprived from the +execution of the said judgment without the consent of the said President +and Councel, or the most part of them by whom such judgment shall be +given; and that noe person shal receive any pardon or be absolutely +discharged of any the said offences for which he shall be condemned to +death, as aforesaid, but by pardon of us, our heires and successors, +under the Great Seale of England; and wee doe in like manner establish +and ordaine if any either of the said Collonies shall offend in any of +the offences before mentioned, within any part between the degrees +aforesaid, out of the precincts of his or their Collony, that then every +such offender or offenders shall be tried and punished as aforesaid +within his or their proper Colony; and that every the said Presidents +and Councells, within their several limits and precincts and the more +part of them, shall have power and authority by these presents to hear +and determine all and every other wrongs, trespasses, offences and +misdemeanors whatsoever, other than those before mentioned, upon +accusation of any person and proofe thereof made by sufficient witnesse +upon oath; and that in all those cases the said President and Councel, +and the greater number of them, shall have power and authority by these +presents respectively, as is aforesaid, to punish the offender or +offenders, either by reasonable corporal punishment and imprisonment or +else by a convenient fine, awarding damages, or other satisfaction to +the party grieved, as to the said President & Councel or to the more +part of them shall be thought fitt and convenient, having regard to the +quality of the offence or state of the cause; and that alsoe the said +President & Councel shall have power and authority by virtue of these +presents to punish all manner of excesse, through drunkennesse or +otherwaies, and all idle, loytering and vagrant persons which shall be +found within their several limits and precincts, according to their best +discretions and with such convenient punishment as they or the most part +of them shall think fitt; alsoe our will and pleasure [is], concerning +the judicial proceedings aforesaid, that the same shall be made and done +summarily and verbally without writing until it come to the judgment or +sentence, and yet, neverthelesse, our will and pleasure is that every +judgment and sentence hereafter to be given in any of the causes +aforesaid, or in any other of the said several Presidents and Councells +or the greater number of them within their several limits and precincts, +shall be breifely and summarily registred into a book to be kept for +that purpose, together with the cause for which the said judgment or +sentence was given; and that the said judgment and sentence soe +registered and written shall be subscribed with the hands or names of +the said President and Councel or such of them as gave the judgment or +sentence; alsoe our will and pleasure is and wee doe hereby establish +and ordaine that the said several Collonies and plantations, and every +person and persons of the same, severally and respectively, shall within +every of their several precincts for the space of five years next after +their first landing upon the said coast of Virginia and America, trade +together all in one stocke, or devideably but in two or three stocks att +the most, and bring not only all the fruits of their labours there but +alsoe all such other goods and commodities which shall be brought out of +England or any other place into the same Collonies, into severall +magazines or storehouses for that purpose to be made and erected there, +and that in such order, manner and form as the Councel of that Collony +or the more part of them shall sett downe and direct; and our will and +pleasure is and wee doe in like manner ordaine that in every of the said +Collonies and plantations there shall be chosen three, elected yearely +by the President and Councell of every of the said several Colonies and +plantations or the more part of them: one person of the same Colony and +plantation to be Treasurer or Cape-merchant of the same Colony and +plantation to take the charge and mannageinge of all such goods, wares +and commodities which shall be brought into or taken out of the several +magazines or storehouses, the same Treasurer or Cape-merchant to +continue in his office by the space of one whole year next after his +said election, unless he shall happen to dye within the said year or +voluntarily give over the same or be removed for any just or reasonalbe +cause; and that thereupon the same President and Councell or the most +part of them shall have power and authority to elect him again or any +other or others in his room or stead to continue in the same office as +aforesaid; and that alsoe there shall be two or more persons of good +discretion within every of the said Colonies and plantations elected and +chosen yearely, during the said terme of five years, by the President +and Councel of the same Collony or the most part of them respectively +within their several limits and precincts, the one or more of them to +keep a book in which shall be registred and entred all such goods, wares +and merchandizes as shall be received into the several magazines or +storehouses within that Colony, being appointed for that purpose, and +the other to keep a like book wherein shall be registred all goods, +wares and merchandizes which shall issue or be taken out of any the +several magazines or storehouses of that Collony, which clarks shall +continue in their said places but att the will of the President and +Councel of that Colony whereof he is, or of the major part of them; and +that every person of every the said several Colonies and plantations +shall be furnished with all necessaries out of those several magazines +or storehouses which shall belong to the said Colony and plantation in +which that person is, for and during the terme and time of five yeares +by the appointment, direction and order of the President and Councell +there, or of the said Cape-merchant and two clerks or of the most part +of them within the said several limits and precincts of the said +Colonies and plantations; alsoe our will and pleasure is and wee doe +hereby ordain that the adventurers of the said First Colony and +plantation shall and may during the said terme of five years elect and +choose out of themselves one or more Companies, each Company consisting +of three persons att the least who shall be resident att or neer London, +or such other place and places as the Councel of the Colony for the time +being, or the most part of them, during the said five years shall think +fitt, who shall there from time to time take charge of the trade and +accompt of all such goods, wares, merchandizes and other things which +shall be sent from thence to the Company of the same Colony or +plantation in Virginia, and likewise of all such wares, goods and +merchandizes as shall be brought from the said Colony or plantation unto +that place within our realme of England, and of all things concerning +the mannaging of the affaires and profits concerning the adventurors of +that Company which shall soe passe out of or come into that place or +port; and likewise our will and pleasure is that the adventurors in the +said Second Colony and plantation shall and may, during the said terme +of five years, elect out of themselves one or more Companies, each +Company consisting of three persons att the least who shall be resident +att or near Plymouth in our county of Devon within our realme of +England, and att such one, two or three other places or ports as the +Councel of that Colony or the most part of them shall think fitt, who +shall there from time to time take care and charge of the trade & +accompt of all such goods, wares, merchandizes and other things which +shall be sent from thence to the same Colony and plantation in Virginia, +and likewise of all such goods, wares and merchandizes as shall be +brought from the said Colony and plantation in Virginia into our realme +of England, and of all things concerning the mannaging of the affaires +and profits of the adventurors of that Company; alsoe our will and +pleasure is that noe person or persons shall be admitted into any of the +said Colonies and plantations, there to abide and remaine, but such as +shall take not only the usual oath of obedience to us, our heires and +successors; but alsoe the oath which is limitted in the last session of +Parliament, holden at Westminster in the fourth year of our raigne, for +their due obedience unto us, our heires and successors, that the trade +to and from any the Colonies aforesaid may be mannaged to and from such +ports & places within our realme of England as is before in these +articles intended, any thing set down heretofore to the contrary +notwithstanding; and that the said President and Councel of each of the +said Colonies, and the more part of them respectively, shall and may +lawfully from time to time constitute, make and ordaine such +constitutions, ordinances and officers for the better order, government +and peace of the people of their several Collonies, soe alwaies as the +same ordinances and constitutions doe not touch any party in life or +member, which constitutions & ordinances shall stand and continue in +full force untill the same shall be otherwise altered or made void by +us, our heires or successors, or our or their Councel of Virginia, soe +alwaies as the same alterations be such as may stand with and be in +substance consonant unto the lawes of England or the equity thereof; +furthermore, our will and pleasure is and wee doe hereby determine and +ordaine that every person and persons being our subjects of every the +said Collonies and plantations shall from time to time well entreate +those salvages in those parts and use all good meanes to draw the +salvages and heathen people of the same several places and of the +territories and countries adjoining to the true service and knowledge of +God, and that all just, kind and charitable courses shall be holden with +such of them as shall conforme themselves to any good and sociable +traffique and dealing with the subjects of us, our heires and successors +which shall be planted there, whereby they may be the sooner drawne to +the true knowledge of God and the obedience of us, our heires and +successors under such severe paines and punishments as shal be inflicted +by the same several Presidents and Councells of the said several +Colonies, or the most part of them, within their several limits and +precincts, on such as shall offend therein or doe the contrary; and that +as the said territories and countries of Virginia and America within the +degrees aforesaid shall from time to time increase in plantation by our +subjects, wee, our heires and successors will, ordaine and give such +order and further instructions, lawes, constitutions and ordinances for +the better rule, order and government of such as soe shall make +plantations there as to us, our heires and successors shall from time to +time be thought fitt & convenient, which alwaies shall be such as may +stand with or be in substance consonant unto the lawes of England or the +equity thereof; and lastly wee doe ordaine and establish for us, our +heires and successors that such oath shall be taken by each of our +Councellors here for Virginia, concerning their place and office of +Councell, as by the Privy Councell of us, our heires and successors of +this our realme of England shall be in that behalf limited & appointed; +and that each Councellor of the said Colonies shall take such oath for +the execution of their place and office of Councel as by the Councel of +us, our heires and successors here in England, for Virginia, shall in +that behalfe be limited and appointed; and aswell those several articles +and instructions herein mentioned and contained as alsoe all such as by +virtue hereof shall hereafter be made and ordained, shall as need shall +require, by the advice of our Councel here for Virginia be transcripted +over unto the said several Councells of the said several Colonies under +the seale to be ordained for our said Councell here for Virginia; In +witnesses &c. + + [Illustration: GREAT SEAL OF JAMES I. + (A.D. 1603-1625.) + Photo by T. L. Williams] + +Virginia State Library, "Patents, No. 2, 1643-1651"; Hening, Vol. I, pp. +67-75. + + [Footnote 3: The following words or letters missing from the + manuscript have been supplied from the text in Hening.] + + + + +ORDINANCE AND CONSTITUTION + + + + +MARCH 9, 1607 + + + An ordinance and constitution enlarging the number of our + Councel for the two several Colonies and plantations in + Virginia and America between 34 and 45 degrees of northerly + latitude, and augmenting their authority for the better + directing and ordering of such things as shall concerne the + said Colonies. + +James, by the grace of God, &c. Whereas wee, by our letters patents +under our Great Seale of England bearing date the tenth day of April +last past, have given licence to sundry our loving subjects named in the +said letters patents and to their associates to deduce and conduct two +several Colonies or plantations of sundry our loving people willing to +abide and inhabit in certaine parts of Virginia and America with divers +preheminences, priviledges, authorities and other things, as in and by +the said letters patents more particularly it appeareth; and whereas +wee, according to the effect and true meaning of the said letters +patents, have by a former instrument, signed with our hand and signe +manuel and sealed with our Privy Seal of our realme of England, +established and ordained that our trusty and welbeloved Sir William +Wade, Knight, our Lieutanant of our Tower of London; Sir Thomas Smith, +Knight; Sir Walter Cope, Knight; Sir George Moor, Knight; Sir Francis +Popeham, Knight; Sir Ferdinando Gorges, Knight; Sir John Trevor, Knight; +Sir Henry Montague, Knight, Recorder of our citty of London; Sir William +Rumney, Knight; John Dodderidge, Esqr., our Solicitor General; Thomas +Warr, Esq.; John Eldred, of our city of London, merchant; Thomas James, +of our citty of Bristol, merchant; and James Bagge, of Plymouth in our +county of Devon, merchant; should be our Councel for all matters which +should happen in Virginia or any the territories of America aforesaid, +or any actions, businesse or causes for and concerning the same, which +Councel is from time to time to be encreased, altered or changed att the +nomination of us, our heires and successors, and att our and their will +and pleasure; & whereas our said Councel have found by experience their +number being but fourteen in all and most of them dispersed by reason of +their several habitations far and remote the one from the other, and +many of them in like manner far remote from our citty of London where, +if need require, they may receive directions from us and our Privy +Councel and from whence instructions and directions may be by them left +and more readily given for the said Colonies; that when very needful +occasion requireth there cannot be any competent number of them by any +meanes be drawne together for consultation; for remedy whereof our said +loving subjects of the several Colonies aforesaid have been humble +suitors unto us and have to that purpose offered to our Royal +consideration the names of certaine sage and discreet persons, & having +with like humility entreated us that the said persons, or soe many of +them as to us should seem good, might be added unto them and might +(during our pleasure) be of our Councel for the foresaid Colonies of +Virginia; wee therefore for the better establishing, disposing, +orderring and directing of the said several Colonies within the degrees +aforesaid, and of all such affaires, matters and things as shall touch +and concerne the same, doe, by these presents signed with our hand and +signe manuel and sealed with our Privy Seale of our realme of England, +establish and ordaine that our trusty and welbeloved Sir Thomas +Challonor, Knight; Sir Henry Nevil, Knight; Sir Fulks Grevil, Knight; +Sir John Scot, Knight; Sir Robert Mansfield, Knight; Sir Oliver Cromwel, +Knight; Sir Morrice Berkeley, Knight; Sir Edward Michelbourne, Knight; +Sir Thomas Holcroft, Knight; Sir Thomas Smith, Knight, Clerk of our +Privy Councel; Sir Robert Kelligrew, Knight; Sir Robert Croft, Knight; +Sir George Copping, Knight; Sir Edwyn Sandys, Knight; Sir Thomas Row, +Knight; and Sir Anthony Palmer, Knight; nominated unto us by and on the +behalfe of the said First Colony; Sir Edward Hungerford, Knight; Sir +John Mallet, Knight; Sir John Gilbert, Knight; Sir Thomas Freale, +Knight; Sir Richard Hawkings, Knight; Sir Bartholomew Mitchel, Knight; +Edward Seamour, Esq.; Bernard Greenville, Esq.; Edward Rogers, Esq.; and +Matthew Sutcliffe, Doctor of Divinity; nominated to us by and on the +behalfe of the said Second Colony, shall together with the persons +formerly named, be our Councel for all matters which shall or may +conduct to the aforesaid plantations or which shall happen in Virginia +or any the territories of America between 34 & 45 degrees of northerly +latitude from the aequinoctial line and the islands to the several +Colonies limited and assigned, that is to say, the First Colony from 34 +to 41 degrees of the said latitude, and the Second Colony between 38 and +45 degrees of the said latitude. And our further will and pleasure is, +and by these presents for us, our heires and successors wee doe grant +unto our said Councel of Virginia, that they or any twelve of them att +the least, for the time being, whereof six att the least to be members +of one of the said Colonies, and six more att the least to be members of +the other Colony, shall have full power and authority to ordaine, +nominate, elect and choose any other person or persons att their +discretion to be and to serve as officer or officers to all offices and +places that shall by them be thought fitt and requisite for the +businesse and affaires of our said Councel and concerning the plantation +or plantations aforesaid, and for the summoning, calling and assembling +of the said Councel together when need shall require, or for summoning +and calling before the said Councel any of the adventurors or others +which shall passe on unto the said several Colonies to inhabit or to +traffick there, or any other such like officer or officers which in time +shall or may be found of use, behoofe or importance unto the Councel +aforesaid. [And the said Council or any twelve of them as is aforesaid +shall have full power and authority from time to time to continue or to +alter or change the said officers and to elect and appoint others in +their roomes and places, to make and ordain acts and ordinances for the +better ordering, disposing and marshalling of the said several Colonies +and the several adventurers or persons going to inhabit in the same +several Colonies, or of any provision or provisions for the same, or for +the direction of the officers aforesaid, or for the making of them to be +subordinate or under jurisdiction one of another, and to do and execute +all and every of their act and things which by any our grants or letters +patents heretofore made they are warranted or authorised to do or +execute so as always none of the said acts and ordinances or other +things be contrary or repugnant to the true intent and meaning of our +said letters patents granted for the plantation of the said several +Colonies in Virginia and territories of America as aforesaid, or +contrary to the laws and statutes in this our realm of England, or in +derogation of our prerogative royal. Witness ourself at Westminster the +ninth day of March (1607) in the year of our reign of England, France +and Ireland the fourth, and of Scotland the fortieth, &c.][4] + +Virginia State Library, "Patents, No. 2, 1643-1651"; Hening, Vol. I, pp. +76-79. + + [Footnote 4: Bracketed passage supplied from text in Hening.] + + + + +THE SECOND CHARTER + + + + +MAY 23, 1609 + + +James, by the grace of God [King of England, Scotland, France and +Ireland, defender of the faith, etc.] To all [to whom these presents +shall come, greeting.] + +Whereas, at the humble suite and request of sondrie oure lovinge and +well disposed subjects intendinge to deduce a colonie and to make +habitacion and plantacion of sondrie of oure people in that parte of +America comonlie called Virginia, and other part and territories in +America either apperteyninge unto us or which are not actually possessed +of anie Christian prince or people within certaine bound and regions, +wee have formerly, by oure lettres patents bearinge date the tenth of +Aprill in the fourth yeare of oure raigne of England, Fraunce, and +Ireland, and the nine and thirtieth of Scotland, graunted to Sir Thomas +Gates, Sir George Somers and others, for the more speedie accomplishment +of the said plantacion and habitacion, that they shoulde devide +themselves into twoe collonies--the one consistinge of divers Knights, +gentlemen, merchaunts and others of our cittie of London, called the +First Collonie; and the other of sondrie Knights, gentlemen and others +of the citties of Bristoll, Exeter, the towne of Plymouth, and other +places, called the Seccond Collonie--and have yielded and graunted maine +and sondrie priviledges and liberties to each Collonie for their quiet +setlinge and good government therein, as by the said lettres patents +more at large appeareth. + +Nowe, forasmuch as divers and sondrie of oure lovinge subjects, as well +adventurers as planters, of the said First Collonie (which have alreadie +engaged them selves in furtheringe the businesse of the said plantacion +and doe further intende by the assistance of Almightie God to prosecute +the same to a happie ende) have of late ben humble suiters unto us that, +in respect of their great chardeges and the adventure of manie of their +lives which they have hazarded in the said discoverie and plantacion of +the said countrie, wee woulde be pleased to graunt them a further +enlargement and explanacion of the said graunte, priviledge and +liberties, and that suche counsellors and other officers maie be +appointed amonngest them to manage and direct their affaires [as] are +willinge and readie to adventure with them; as also whose dwellings are +not so farr remote from the cittye of London but that they maie at +convenient tymes be readie at hande to give advice and assistance upon +all occacions requisite. + +We, greatlie affectinge the effectual prosecucion and happie successe of +the said plantacion and comendinge their good desires theirin, for their +further encouragement in accomplishinge so excellent a worke, much +pleasinge to God and profitable to oure Kingdomes, doe, of oure speciall +grace and certeine knowledge and meere motion, for us, oure heires and +successors, give, graunt and confirme to oure trustie and welbeloved +subjects, + + Robert, Earle of Salisburie [Salisbury][5] + Thomas, Earle of Suffolke [Suffolk] + Henrie, Earle of Southampton + William, Earle of Pembroke + [Henrie], Earle of Lincolne [Lincoln] + Henrie, Earle of Dorsett [Dorset] + Thomas, Earle of Exeter + Phillipp, Earle of Mountgommery + Robert, Lord Vicount Lisle + Theophilus, Lord Howard of Walden + James Mountague, Lord Bishopp of Bathe and Wells + Edward, Lord Zouche + Thomas, Lord Lawarr + Wiliam, Lord Mounteagle + Raphe, Lord Ewre + Edmond, Lord Sheffeild [Sheffield] + Grey, Lord Shandis [Chandois] + [Grey], Lord Compton + John, Lord Petre + John, Lord Stanhope + George, Lord Carew + Sir Humfrey Welde, Lord Mayor of London [Weld] + George Pertie, Esquire [Percie] + Sir Edward Cecill, Knight [Cecil] + Sir George Wharton, Knight + Frauncis West, Esquire + Sir William Waade, Knight [Wade] + Sir Henrie Nevill, Knight [Nevil] + Sir Thomas Smithe, Knight [Smith] + Sir Oliver Cromwell, Knight + Sir Peter Manwood, Knight + Sir Dru Drurie, Knight [Drury] + Sir John Scott, Knight [Scot] + Sir Thomas Challouer, Knight [Challoner] + Sir Robert Drurie, Knight [Drury] + Sir Anthonye Cope, Knight + Sir Horatio Veere, Knight [Vere] + Sir Edward Conwaie, Knight [Conway] + Sir William Browne [Brown] + Sir Maurice Barkeley, Knight [Berkeley] + Sir Roberte Maunsell, Knight [Mansel] + Sir Amias Presou, Knight [Preston] + Sir Thomas Gates, Knight + Sir Anthonie Ashley, Knight [Ashly] + Sir Michaell Sandes, Knight [Sandys] + Sir Henrie Carew, Knight [Carey] + Sir Stephen Soame, Knight + Sir Calisthenes Brooke, Knight + Sir Edward Michelborne, Knight [Michelborn] + Sir John Racliffe, Knight [Ratcliffe] + Sir Charles Willmott, Knight [Wilmot] + Sir George Moore, Knight [Moor] + Sir Hugh Wirrall, Knight [Wirral] + Sir Thomas Dennys, Knight [Dennis] + Sir John Hollis, Knight [Holles] + Sir William Godolphin, Knight + Sir Thomas Monnson, Knight [Monson] + Sir Thomas Ridgwaie, Knight [Ridgwine] + Sir John Brooke, Knight + Sir Roberte Killigrew, Knight + Sir Henrie Peyton, Knight + Sir Richard Williamson, Knight + Sir Ferdinando Weynman, Knight + Sir William St. John, Knight + Sir Thomas Holcrofte, Knight [Holcroft] + Sir John Mallory, Knight + Sir Roger Ashton, Knight + Sir Walter Cope, Knight + Sir Richard Wigmore, Knight + Sir William Cooke, Knight [Coke] + Sir Herberte Crofte, Knight + Sir Henrie Faushawe, Knight [Fanshaw] + Sir John Smith, Knight + Sir Francis Wolley, Knight + Sir Edward Waterhouse, Knight + Sir Henrie Sekeford, Knight [Seekford] + Sir Edward Saudes, Knight[6] [Edwin Sandys] + Sir Thomas Wayneman, Knight [Waynam] + Sir John Trevor, Knight + Sir Warrwick Heale, Knight [Heele] + Sir Robert Wroth, Knight + Sir John Townnesende, Knight [Townsend] + Sir Christopher Perkins, Knight + Sir Daniell Dun, Knight + Sir Henrie Hobarte, Knight [Hobart] + Sir Franncis Bacon, Knight + Sir Henrie Mountague, Knight [Montague] + Sir Georg Coppin, Knight + Sir Samuell Sandes, Knight [Sandys] + Sir Thomas Roe, Knight + Sir George Somers, Knight + Sir Thomas Freake, Knight + Sir Thomas Horwell, Knight [Harwell] + Sir Charles Kelke, Knight + Sir Baptist Hucks, Knight [Hicks] + Sir John Watts, Knight + Sir Roberte Carey, Knight + Sir William Romney, Knight + Sir Thomas Middleton, Knight + Sir Hatton Cheeke, Knight + Sir John Ogle, Knighte + Sir Cavallero Meycot, Knight + Sir Stephen Riddlesden, Knight [Riddleson] + Sir Thomas Bludder, Knight + Sir Anthonie Aucher, Knight + Sir Robert Johnson, Knight + Sir Thomas Panton, Knight + Sir Charles Morgan, Knight + Sir Stephen Powle, Knight [Pole] + Sir John Burlacie, Knight + Sir Christofer Cleane, Knight [Cleave] + Sir George Hayward, Knight + Sir Thomas Dane, Knight [Davis] + Sir Thomas Dutton, Knight [Sutton] + Sir Anthonie Forrest, Knight [Forest] + Sir Robert Payne, Knight + Sir John Digby, Knight + Sir Dudley Diggs, Knight [Digges] + Sir Rowland Cotton, Knight + Doctour Mathewe Rutcliffe [Sutcliffe] + Doctor Meddowes [Meadows] + Doctor Turner + Doctor Poe + Captaine Pagnam + Captaine Jeffrey Holcrofte + Captaine Raunne [Romney] + Captaine Henrie Spry + Captaine Shelpton [Shelton] + Captaine Spark [Sparks] + [Captain] Thomas Wyatt [Wyat] + Captaine Brinsley + Captaine William Courtney + Captaine Herbert + Captaine Clarke + Captaine Dewhurst + Captaine John Blundell + Captaine Frier [Fryer] + Captaine Lewis Orwell + Captaine Edward Lloyd [Loyd] + Captaine Slingesby + Captaine Huntley [Hawley] + Captaine Orme + Captaine Woodhouse + Captaine Mason + Captaine Thomas Holcroft + Captaine John Cooke [Coke] + Captaine Hollis [Holles] + Captaine William Proude + Captaine Henrie Woodhouse + Captaine Richard Lindeley [Lindesey] + Captaine Dexter + Captaine William Winter + Captaine Herle [Pearse] + Captain John Bingham + Captaine Burray + Captaine Thomas Conwey [Conway] + Captaine Rookwood + Captaine William Lovelace + Captaine John Ashley + Captaine Thomas Wynne + Captaine Thomas Mewtis + Captaine Edward Harwood + Captaine Michaell Evered [Everard] + Captaine Connoth [Comock] + Captaine Miles [Mills] + Captaine Pigott [Pigot] + Captaine Edward Maria Wingfeild [Wingfield] + Captaine Christopher Newporte [Newport] + Captaine John Siclemore, alias Ratcliffe [Sicklemore] + Captaine John Smith + Captyn John Martyn [Martin] + Captaine Peter Wynne + Captaine Waldoe [Waldo] + Captyn Thomas Wood + Captaine Thomas Button + George Bolls, Esquire, Sheriffe of London + William Crashawe, [Clerk], Bachelor of Divinite + William Seabright, Esquire + Christopher Brook, Esquire + John Bingley, Esquire + Thomas Watson, Esquire + Richard Percivall, Esquire [Percival] + John Moore, Esquire + Hugh Brooker, Esquire + David Waterhouse, Esquire [Woodhouse] + Anthonie Auther, Esquier [Aucher] + Roberte Bowyer, Esquire [Boyer] + Raphe Ewens, Esquire + Zacharie Jones, Esquire + George Calvert, Esquire + William Dobson, Esquire + Henry Reynold, Esquire [Reynolds] + Thomas Walker, Esquire + Anthonie Barnars, Esquire + Thomas Sandes, Esquire [Sandys] + Henrie Sand, Esquire [Sandys] + Richard Sand [Sandys] + Sonne of Sir Edwin Sandes [Sandys] + William Oxenbridge, Esquire + John Moore, Esquire + Thomas Wilson, Esquire + John Bullocke, Esquire [Bullock] + John Waller, [Esquire] + Thomas Webb + Jehughe Robinson + William Brewster + Robert Evelyn + Henrie Dabenie [Danby] + Richard Hacklewte, minister [Hackluit] + John Eldred, marchaunt [Eldrid] + William Russell, marchaunt + John Merrick, marchaunt + Richard Bannester, merchant [Banister] + Charles Anthonie, goldsmithe [Anthony] + John Banck [Banks] + William Evans + Richard Humble + Robert Chamberleyne, marchaunt [Richard Chamberlayne] + Thomas Barber, marchaunt + Richard Pevyrell, merchaunt [Pomet] + John Fletcher, merchant + Thomas Nicholls, merchant + John Stoak, merchaunt [Stoke] + Gabriell Archer + Franncis Covell [Covel] + William Bouham [Bonham] + Edward Harrison + John Wolstenholme + Nicholas Salter + Hugh Evans + William Barners [Barnes] + Otho Mawdett [Mawdet] + Richard Staper, marchant + John Elkin, marchaunt + William Cayse [Coyse] + Thomas Perkin, cooper + Humfrey Ramell, cooper [Humphrey James] + Henry Jackson + Roberte Shingleton [Singleton] + Christopher Nicholls + John Harper + Abraham Chamberlaine [Chamberlayne] + Thomas Shipton + Thomas Carpenter + Anthoine Crewe [Crew] + George Holman + Robert Hill + Cleophas Smithe [Smith] + Raphe Harrison + John Farmer + James Brearley + William Crosley [Crosby] + Richard Cocks [Cox] + John Gearinge [Gearing] + Richard Strough, iremonnger [Strongarm] + Thomas Langton + Griffith Hinton + Richard Ironside + Richard Deane [Dean] + Richard Turner + William Leveson, mercer [Lawson] + James Chatfeilde [Chatfield] + Edward Allen [Edward Allen Tedder] + Tedder Roberts[7] + Heldebrand Sprinson [Robert Hildebrand Sprinson] + Arthur Mouse + John Gardener [Gardiner] + James Russell [Russel] + Richard Casewell [Caswell] + Richard Evanns [Evans] + John Hawkins + Richard Kerrill [Kerril] + Richard Brooke + Mathewe Scrivener, gentleman [Screvener] + William Stallendge, gentleman [Stallenge] + Arthure Venn, gentleman + Saund Webb, gentleman [Sandys Webbe] + Michaell Phettiplace, gentleman + William Phetiplace, gentleman [Phettiplace] + Ambrose Brusey, gentleman [Prusey] + John Taverner, gentleman + George Pretty, gentleman + Peter Latham, gentleman + Thomas Monnford, gentleman [Montford] + William Cautrell, gentleman [Cantrel] + Richard Wiffine, gentleman [Wiffin] + Raphe Mooreton, gentleman [Moreton] + John Cornellis [Cornelius] + Martyn Freeman + Raphe Freeman + Andreau Moore + Thomas White + Edward Perkin + Robert Offley + Thomas Whitley + George Pitt [Pit] + Roberte Parkehurste [Parkhurst] + Thomas Morris + Peter Vaulore [Harloe] + Jeffrey Duppa + John Gilbert + William Hancock + Mathew Bromrigg [Brown] + Francis Tirrell[Tyrrel] + Randall Carter + Othowell Smithe [Smith] + Thomas Honnyman [Hamond] + Marten Bonde, haberdasher [Bond] + Joan Mousloe [John Moulsoe] + Roberte Johnson + William Younge [Young] + John Woddall [Woodal] + William Felgate + Humfrey Westwood + Richard Champion + Henrie Robinson + Franncis Mapes + William Sambatch [Sambach] + Rauley Crashawe [Ralegh Crashaw] + Daniell Tucker + Thomas Grave + Hugh Willestone + Thomas Culpepper, of Wigsell, Esquire + John Culpepper, gentleman + Henrie Lee + Josias Kirton, gentleman [Kerton] + John Porie, gentleman [Pory] + Henrie Collins + George Burton + William Atkinson + Thomas Forrest [Forest] + John Russell [Russel] + John Houlte [Holt] + Harman Harrison + Gabriell Beedell [Beedel] + John Beedell [Beedel] + Henrie Dankes [Dawkes] + George Scott [Scot] + Edward Fleetewood, gentleman [Fleetwood] + Richard Rogers, gentleman + Arthure Robinson + Robert Robinson + John Huntley + John Grey [Gray] + William Payne + William Feilde [Field] + William Wattey + William Webster + John Dingley + Thomas Draper + Richard Glanvile [Glanvil] + Arnolde Lulls [Hulls] + Henrie Rowe [Roe] + William Moore [More] + Nicholas Grice [Gryce] + James Monnger [Monger] + Nicholas Andrewes [Andrews] + Jerome Haydon, iremonnger [Jeremy Haydon] + Phillipp Durrant [Philip Durette] + John Quales [Quarles] + John West + Mathew Springeham [Springham] + John Johnson + Christopher Hore + George Barkeley + Thomas Sued [Snead] + George Barkeley [Berkeley] + Arthure Pett [Pet] + Thomas Careles + William Barkley [Berkley] + Thomas Johnson + Alexander Bent [Bents] + Captaine William Kinge [King] + George Sandes, gentleman [Sandys] + James White, gentleman + Edmond Wynn [Wynne] + Charles Towler + Richard Reynold + Edward Webb + Richard Maplesden + Thomas Levers [Lever] + David Bourne + Thomas Wood + Raphe Hamer + Edward Barnes, mercer + John Wright, mercer + Robert Middleton + Edward Litsfeild [Littlefield] + Katherine West + Thomas Webb [Web] + Raphe Kinge [King] + Roberte Coppine [Coppin] + James Askewe + Christopher Nicholls [Christopher Holt] + William Bardwell + Alexander Childe [Chiles] + Lewes Tate + Edward Ditchfeilde [Ditchfield] + James Swifte + Richard Widdowes, goldesmith + Edmonde Brundell[8] [Brudenell] + John Hanford [Hansford] + Edward Wooller + William Palmer, haberdasher + John Badger + John Hodgson + Peter Monnsill [Mounsel] + John Carrill [Carril] + John Busbridge [Bushridge] + William Dunn [Dun] + Thomas Johnson + Nicholas Benson + Thomas Shipton + Nathaniell Wade + Randoll Wettwood [Wetwood] + Mathew Dequester + Charles Hawkins + Hugh Hamersley + Abraham Cartwright + George Bennett [Bennet] + William Cattor [Cater] + Richard Goddart + Henrie Cromwell + Phinees Pett [Pet] + Roberte Cooper[9] + Henrie Neite [Newce] + Edward Wilks [Wilkes] + Roberte Bateman + Nicholas Farrar + John Newhouse + John Cason + Thomas Harris, gentleman + George Etheridge, gentleman + Thomas Mayle, gentleman + Richard Stratford [Stafford] + Thomas + Richard Cooper + John Westrowe [Westrow] + Edward Welshe [Welch] + Thomas Brittanie [Britain] + Thomas Knowls [Knowles] + Octavian Thorne + Edmonde Smyth [Smith] + John March + Edward Carew + Thomas Pleydall + Richard Lea [Let] + Miles Palmer + Henrie Price + John Josua, gentleman [Joshua] + William Clawday [Clauday] + Jerome Pearsye + John Bree, gentleman + William Hampson + Christopher Pickford + Thomas Hunt + Thomas Truston + Christopher Lanman [Salmon] + John Haward, clerke [Howard] + Richarde Partridge + Allen Cotton [Cassen] + Felix Wilson + Thomas Colethurst [Bathurst] + George Wilmer + Andrew Wilmer + Morrice Lewellin + Thomas Jedwin [Godwin] + Peter Burgoyne + Thomas Burgoyne + Roberte Burgoyne + Roberte Smithe, merchauntaylor [Smith] + Edward Cage, grocer + Thomas Canon, gentleman [Cannon] + William Welby, stacioner + Clement Wilmer, gentleman + John Clapham, gentleman + Giles Fraunces, gentleman [Francis] + George Walker, sadler + John Swinehowe, stacioner [Swinhow] + Edward Bushoppe, stacioner [Bishop] + Leonard White, gentleman + Christopher Barron [Baron] + Peter Benson + Richard Smyth [Smith] + George Prockter, minister [Proctor] + Millicent Ramesden, widowe [Ramsdent] + Joseph Soane + Thomas Hinshawe [Hinshaw] + John Baker + Robert Thorneton [Thornton] + John Davies [Davis] + Edward Facett [Facet] + George Nuce, gentleman [Newce] + John Robinson + Captaine Thomas Wood + William Browne, shoemaker [Brown] + Roberte Barker, shoemaker + Roberte Penington [Pennington] + Francis Burley, minister + William Quick, grocer + Edward Lewes, grocer [Lewis] + Laurence Campe, draper + Aden Perkins, grocer + Richard Shepparde, preacher [Shepherd] + William Sheckley, haberdasher [Sherley] + William Tayler, haberdasher [Taylor] + Edward Lukyn, gentleman [Edwin Lukin] + John Francklyn, haberdasher [Franklyn] + John Southicke [Southwick] + Peter Peate + George Johan, iremonnger + George Yardley, gentleman [Yeardley] + Henrie Shelly [Shelley] + John Pratt [Prat] + Thomas Church, draper + William Powell, gentleman [Powel] + Richard Frithe, gentleman [Frith] + Thomas Wheeler, draper + Franncis Hasilerigg, gentleman [Haselrig] + Hughe Shippley, gentleman [Shipley] + John Andrewes, thelder, [doctor], of Cambridge [Andrews] + Franncis Whistley, gentleman [Whistler] + John Vassall, gentleman + Richard Howle + Edward Barkeley, gentleman [Berkeley] + Richard Knerisborough, gentleman [Keneridgburg] + Nicholas Exton, draper + William Bennett, fishmonger [Bennet] + James Hawood, marchaunt [Haywood] + Nicholas Isaak, merchaunt [Isaac] + William Gibbs, merchannt + [William] Bushopp [Bishop] + Barnard Michell [Mitchel] + Isaake Michell [Isaac Mitchel] + John Streat [Streate] + Edward Gall + John Marten, gentleman [Martin] + Thomas Fox + Luke Lodge + John Woodleefe, gentleman [Woodliffe] + Rice Webb [Richard] + Vincent Lowe [Low] + Samuell Burnam [Burnham] + Edmonde Pears, haberdasher + Josua Goudge [John Googe] + John St. John + Edwarde Vaughan + William Dunn + Thomas Alcock [Alcocke] + John Andrewes, the younger, of Cambridge [Andrews] + Samuell Smithe [Smith] + Thomas Jerrard [Gerrard] + Thomas Whittingham + William Cannynge [Canning] + Paule Caminge [Canning] + George Chaudler [Chandler] + Henrye Vincent + Thomas Ketley + James Skelton + James Montain [Mountaine] + George Webb, gentleman + Josephe Newbroughesmith [Joseph Newbridge, smith] + Josias Mande [Mand] + Raphe Haman, the younger [Hamer] + Edward Brewster, the sonne of William Brewster + Leonard Harwood, mercer + Phillipp Druerdent + William Carpenter + Tristram Hill + Roberte Cock, grocer + Laurence Grene, grocer [Greene] + Daniell Winche, grocer [Samuel Winch] + Humfrey Stile, grocer + Averie Dransfeild, grocer [Dransfield] + Edwarde Hodges, grocer + Edward Beale, grocer[10] + Raphe Busby, grocer[11] + John Whittingham, grocer + John Hide, grocer + Mathew Shipperd, grocer [Shepherd] + Thomas Allen, grocer + Richard Hooker, grocer + Laurence Munckas, grocer [Munks] + John Tanner, grocer + Peter Gate, grocer + John Blunt, grocer[12] + Roberte Berrisford, grocer[13] + Thomas Wells, gentleman[14] + John Ellis, grocer + Henrie Colthurst, grocer + John Cranage, grocer [Cavady] + Thomas Jenings, grocer [Jennings] + Edmond Peshall, grocer [Pashall] + Timothie Bathurst, grocer + Gyles Parslowe, grocer[15] [Parslow] + Roberte Johnson, grocer [Richard] + William Janson, vintener [Johnson] + Ezechiell Smith + Richard Murrettone [Martin] + William Sharpe + Roberte Ritche [Rich] + William Stannerd, inholder [Stannard] + John Stocken + William Strachey, gentleman + George Farmer, gentleman + Thomas Gypes, clothworker + Abraham Dawes, gentleman [Davies] + Thomas Brockett, gentleman [Brocket] + George Bathe, fishmonger [Bache] + John Dike, fishmonger + Henrie Spranger + Richard Farringdon [Farrington] + Chistopher Vertue, vintener + Thomas Baley, vintener [Bayley] + George Robins, vintener + Tobias Hinson, grocer + Urian Spencer [Vrian] + Clement Chachelley [Chicheley] + John Searpe, gentleman [Scarpe] + James Cambell, iremonnger [Campbell] + Christopher Clitherowe, iremonnger [Clitheroe] + Phillipp Jacobson + Peter Jacobson, of Andwarpe + William Barckley [Berkeley] + Miles Banck, cutler [Banks] + Peter Highley, grocer [Higgons] + Henrie John, gentleman + John Stoakley, merchauntailor [Stokeley] + The companie of mercers + The companie of grocers + The companie of drapers + The company of fishmongers + The companie of gouldsmithes + The companie of skynners + The companie merchauntailors + The companie of haberdashers + The companie of salters + The companie of iremongers + The companie of vintners + The companie of clothworkers + The companie of dyers + The companie of bruers + The companie of lethersellers + The companie of pewterers + The companie of cutlers + The companie of whitebakers + The companie of waxchaundlers + The companie of tallowe chaundlers + The companie of armorers + The companie of girdlers + The companie of butchers + The companie of sadlers + The companie of carpenters + The companie of cordwayners + The companie of barbor chirurgions + The companie of painter stayners + The companie of curriers + The companie of masons + The companie of plumbers + The companie of inholders + The companie of founders + The companie of poulterers + The companie of cookes + The companie of coopers + The companie of tylers and bricklayers + The companie of bowyers + The companie of fletchers + The companie of blacksmithes + The companie of joyners + The companie of weavers + The companie of wollmen + The companie of woodmonngers + The companie of scrivenors + The companie of fruterers + The companie of plasterers + The companie of brownebakers + The companie of stacioners + The companie of imbroderers + The companie of upholsters + The companie of musicions + The companie of turners[16] + The companie of baskettmakers + The companie of glasiers + John Levett, merchaunt [Levet] + Thomas Nornicott, clothworker [Nornicot] + Richard Venn, haberdasher + Thomas Scott, gentleman [Scot] + Thomas Juxson, merchauntaylor [Juxon] + George Hankinson + Thomas Leeyer, gentleman [Seyer] + Mathew Cooper + George Butler, gentleman + Thomas Lawson, gentleman + Edward Smith, haberdasher + Stephen Sparrowe + John Jones, merchaunt + [John] Reynold, brewer [Reynolds] + Thomas Plummer, merchaunt + James Duppa, bruer + Rowland Coytemore [Coitmore] + William Sotherne [Southerne] + George Whittmoore, haberdasher [Whitmore] + Anthonie Gosoulde, the younger [Gosnold] + John Allen, fishemonger + Symonde Yeomans, fishmonger [Simon] + Launcelot Davis, gentleman + John Hopkins, an alderman of Bristoll + John Kettlebye, gentleman [Kettleby] + Richard Chene, gouldsmithe [Clene] + George Hooker, gentleman + Roberte Shevinge, yeoman [Chening] + + [Footnote 5: All names in brackets supplied from text in Stith.] + + [Footnote 6: Stith's footnote: "The adventurers names are + vastly confused and different in the different M. S. copies + of this charter. I chose the two fairest and most correct + copies, that I met with, to transcribe from; and altho' they + both agree in writing this name, Sir _Edward Sands_, or + _Sandis_, yet they are both certainly wrong, as might be + easily proved, were it worth while, and would not be too + tedious. I was also much puzzled to adjust and set right + others of the names; and altho' I was at no small pains in + collating the copies, and in consulting and referring to + other ancient letters patents and papers, yet I will not + affirm that I am not often mistaken. But however erroneous + and perplexed the names of the adventurers may be, yet I + found the main body, and material parts of the charter, very + clear, full, and correct."] + + [Footnote 7: Omitted from Stith.] + + [Footnote 8: Between this name and that following Stith + adds: "Edward Burwell."] + + [Footnote 9: Between this name and that following Stith + adds: "John Cooper."] + + [Footnote 10: Between this name and that following Stith + adds: "Thomas Culler, grocer."] + + [Footnote 11: Name given twice in P. R. O. transcript.] + + [Footnote 12: Between this name and that following Stith + adds: "Robert Phips, grocer."] + + [Footnote 13: Name given twice in P. R. O. transcript.] + + [Footnote 14: Stith reads: "Thomas Wells, grocer."] + + [Footnote 15: Between this name and that following Stith + adds: "Robert Milmay, grocer."] + + [Footnote 16: Following this Stith adds: "The Company of + Gardiners."] + +And to such and so manie as they doe or shall hereafter admitt to be +joyned with them, in forme hereafter in theis presentes expressed, +whether they goe in their persons to be planters there in the said +plantacion, or whether they goe not, but doe adventure their monyes, +goods or chattels, that they shalbe one bodie or communaltie perpetuall +and shall have perpetual succession and one common seale to serve for +the saide bodie or communaltie; and that they and their successors +shalbe knowne, called and incorporated by the name of The Tresorer and +Companie of Adventurers and Planters of the Citty of London for the +Firste Collonie in Virginia. + +And that they and their successors shalbe from hensforth, forever +enabled to take, acquire and purchase, by the name aforesaid (licens for +the same from us, oure heires or successors first had and obtained) anie +manner of lands, tenements and hereditaments, goods and chattels, within +oure realme of England and dominion of Wales; and that they and their +successors shalbe likewise enabled, by the name aforesaid, to pleade and +to be impleaded before anie of oure judges or justices, in anie oure +courts, and in anie accions or suits whatsoever. + +And wee doe also, of oure said speciall grace, certaine knowledge and +mere mocion, give, grannte and confirme unto the said Tresorer and +Companie, and their successors, under the reservacions, limittacions and +declaracions hereafter expressed, all those lands, countries and +territories scituat, lieinge and beinge in that place of America called +Virginia, from the pointe of lande called Cape or Pointe Comfort all +alonge the seacoste to the northward twoe hundred miles and from the +said pointe of Cape Comfort all alonge the sea coast to the southward +twoe hundred miles; and all that space and circuit of lande lieinge from +the sea coaste of the precinct aforesaid upp unto the lande, +throughoute, from sea to sea, west and northwest; and also all the +island beinge within one hundred miles alonge the coaste of bothe seas +of the precincte aforesaid; togeather with all the soiles, groundes, +havens and portes, mynes, aswell royall mynes of golde and silver as +other mineralls, pearles and precious stones, quarries, woods, rivers, +waters, fishings, comodities, jurisdictions, royalties, priviledges, +franchisies and preheminences within the said territorie and the +precincts there of whatsoever; and thereto or there abouts, both by sea +and lande, beinge or in anie sorte belonginge or appertayninge, and +which wee by oure lettres patents maie or cann graunte; and in as ample +manner and sorte as wee or anie oure noble progenitors have heretofore +graunted to anie companie, bodie pollitique or corporate, or to anie +adventurer or adventurers, undertaker or undertakers, of anie +discoveries, plantacions or traffique of, in, or into anie forraine +parts whatsoever; and in as large and ample manner as if the same were +herin particulerly mentioned and expressed: to have, houlde, possesse +and enjoye all and singuler the said landes, countries and territories +with all and singuler other the premisses heretofore by theis [presents] +graunted or mencioned to be grannted, to them, the said Tresorer and +Companie, their successors and assignes, forever; to the sole and proper +use of them, the said Tresorer and Companie, their successors and +assignes [forever], to be holden of us, oure heires and successors, as +of oure mannour of Estgreenewich, in free and common socage and not in +capite; yeldinge and payinge, therefore, to us, oure heires and +successors, the fifte parte onlie of all oare of gould and silver that +from tyme to time, and at all times hereafter, shalbe there gotton, had +and obtained, for all manner of service. + +And, nevertheles, oure will and pleasure is, and wee doe by theis +presentes chardge, commannde, warrant and auctorize, that the said +Tresorer and Companie and their successors, or the major parte of them +which shall be present and assembled for that purpose, shall from time +to time under their common seale distribute, convey, assigne and set +over such particuler porcions of lands, tenements and hereditaments, by +theise presents formerly grannted, unto such oure lovinge subjects +naturallie borne of denizens, or others, aswell adventurers as planters, +as by the said Companie, upon a commission of survey and distribucion +executed and retourned for that purpose, shalbe named, appointed and +allowed, wherein oure will and pleasure is, that respect be had as well +of the proporcion of the adventure[r] as to the speciall service, +hazarde, exploite or meritt of anie person so as to be recompenced, +advannced or rewarded. + +And for as muche as the good and prosperous successe of the said +plantacion cannot but cheiflie depende, next under the blessinge of God +and the supporte of oure royall aucthoritie, upon the provident and good +direccion of the whole enterprise by a carefull and understandinge +Counsell, and that it is not convenient that all the adventurers shalbe +so often drawne to meete and assemble as shalbe requisite for them to +have metings and conference aboute theire affaires, therefore we doe +ordaine, establishe and confirme that there shalbe perpetually one +Counsell here resident, accordinge to the tenor of oure former lettres +patents, which Counsell shall have a seale for the better governement +and administracion of the said plantacion besides the legall seale of +the Companie or Corporacion, as in oure former lettres patents is also +expressed. + +And further wee establishe and ordaine that + + Henrie, Earl of Southampton + William, Earl of Pembrooke + Henrie, Earl of Lincoln + Thomas, Earl of Exeter + Roberte, Lord Viscounte Lisle + Lord Theophilus Howard + James, Lord Bishopp of Bathe and Wells + Edward, Lord Zouche + Thomas, Lord Laware + William, Lord Mounteagle + Edmunde, Lord Sheffeilde + Grey, Lord Shanndoys [Chandois][17] + John, Lord Stanhope + George, Lord Carew + Sir Humfrey Welde, Lord Mayor of London + Sir Edward Cecil + Sir William Waad [Wade] + Sir Henrie Nevill + Sir Thomas Smith + Sir Oliver Cromwell + Sir Peter Manwood + Sir Thomas Challoner + Sir Henrie Hovarte [Hobart] + Sir Franncis Bacon + Sir George Coppin + Sir John Scott + Sir Henrie Carey + Sir Roberte Drurie [Drury] + Sir Horatio Vere + Sir Eward Conwaye [Conway] + Sir Maurice Berkeley [Barkeley] + Sir Thomas Gates + Sir Michaele Sands [Sandys] + Sir Roberte Mansfeild [Mansel] + Sir John Trevor + Sir Amyas Preston + Sir William Godolphin + Sir Walter Cope + Sir Robert Killigrewe + Sir Henrie Faushawe [Fanshaw] + Sir Edwyn Sandes [Sandys] + Sir John Watts + Sir Henrie Montague + Sir William Romney + Sir Thomas Roe + Sir Baptiste Hicks + Sir Richard Williamson + Sir Stephen Powle [Poole] + Sir Dudley Diggs + Christopher Brooke, [Esq.] + John Eldred, and + John Wolstenholme + +shalbe oure Counsell for the said Companie of Adventurers and Planters +in Virginia. + + [Footnote 17: All names in brackets are taken from the text + in Stith.] + +And the said Sir Thomas Smith wee ordaine to be Tresorer of the said +Companie, which Tresorer shall have aucthoritie to give order for the +warninge of the Counsell and sommoninge the Companie to their courts and +meetings. + +And the said Counsell and Tresorer or anie of them shalbe from +henceforth nominated, chosen, contynued, displaced, chaunged, altered +and supplied, as death or other severall occasions shall require, out of +the Companie of the said adventurers by the voice of the greater parte +of the said Counsell and adventurers in their assemblie for that +purpose; provided alwaies that everie Councellor so newlie elected +shalbe presented to the Lord Channcellor of England, or to the Lord +Highe Treasurer of England, or the Lord Chambleyne of the housholde of +us, oure heires and successors, for the tyme beinge to take his oathe of +a Counsellor to us, oure heires and successors, for the said Companie +and Collonie in Virginia. + +And wee doe by theis presents, of oure especiall grace, certaine +knowledge and meere motion, for us, oure heires and successors, grannte +unto the said Tresorer and Companie and their successors, that if it +happen at anie time or times the Tresorer for the tyme beinge to be +sick, or to have anie such cause of absente from the cittie of London as +shalbe allowed by the said Counsell or the greater parte of them +assembled, so as he cannot attende the affaires of that Companie, in +everie such case it shall and maie be lawfull for such Tresorer for the +tyme beinge to assigne, constitute and appointe one of the Counsell for +Companie to be likewise allowed by the Counsell or the greater parte of +them assembled to be the deputie Tresorer for the said Companie; which +Deputie shall have power to doe and execute all things which belonge to +the said Tresorer duringe such tyme as such Tresorer shalbe sick or +otherwise absent, upon cause allowed of by the said Counsell or the +major parte of them as aforesaid, so fullie and wholie and in as large +and ample manner and forme and to all intents and purposes as the said +Tresorer if he were present himselfe maie or might doe and execute the +same. + +And further of oure especiall grace, certaine knowledge and meere +mocion, for us, oure heires and successors, wee doe by theis presents +give and grannt full power and aucthoritie to oure said Counsell here +resident aswell at this present tyme as hereafter, from time to time, to +nominate, make, constitute, ordaine and confirme by such name or names, +stile or stiles as to them shall seeme good, and likewise to revoke, +dischardge, channge and alter aswell all and singuler governors, oficers +and ministers which alreadie hath ben made, as also which hereafter +shalbe by them thought fitt and meedefull to be made or used for the +government of the said Colonie and plantacion. + +And also to make, ordaine and establishe all manner of orders, lawes, +directions, instructions, formes and ceremonies of government and +magistracie, fitt and necessarie, for and concerninge the government of +the said Colonie and plantacion; and the same att all tymes hereafter to +abrogate, revoke or chaunge, not onely within the precincts of the said +Colonie but also upon the seas in goeing and cominge to and from the +said Collonie, as they in their good discrecions shall thinke to be +fittest for [the] good of the adventurers and inhabiters there. + +And we doe also declare that for divers reasons and consideracions us +thereunto especiallie moving, oure will and pleasure is and wee doe +hereby ordaine that imediatlie from and after such time as anie such +governour or principall officer so to be nominated and appointed by oure +said Counsell for the governement of the said Colonie, as aforesaid, +shall arive in Virginia and give notice unto the Collonie there resident +of oure pleasure in this behalfe, the government, power and aucthority +of the President and Counsell, heretofore by oure former lettres patents +there established, and all lawes and constitucions by them formerlie +made, shall utterly cease and be determined; and all officers, +governours and ministers formerly constituted or appointed shalbe +dischardged, anie thinge in oure said former lettres patents conserninge +the said plantacion contayned in aniewise to the contrarie +notwithstandinge; streightlie chardginge and commaundinge the President +and Counsell nowe resident in the said Collonie upon their alleadgiance +after knowledge given unto them of oure will and pleasure by theis +presentes signified and declared, that they forth with be obedient to +such governor or governers as by oure said Counsell here resident shalbe +named and appointed as aforesaid; and to all direccions, orders and +commandements which they shall receive from them, aswell in the present +resigninge and giveinge upp of their aucthoritie, offices, chardg and +places, as in all other attendannce as shalbe by them from time to time +required. + +And wee doe further by theis presentes ordaine and establishe that the +said Tresorer and Counsell here resident, and their successors or anie +fower of them assembled (the Tresorer beinge one), shall from time to +time have full power and aucthoritie to admitt and receive anie other +person into their companie, corporacion and freedome; and further, in a +generall assemblie of the adventurers, with the consent of the greater +parte upon good cause, to disfranchise and putt oute anie person or +persons oute of the said fredome and Companie. + +And wee doe also grannt and confirme for us, oure heires and successors +that it shalbe lawfull for the said Tresorer and Companie and their +successors, by direccion of the Governors there, to digg and to serche +for all manner of mynes of goulde, silver, copper, iron, leade, tinne +and other mineralls aswell within the precincts aforesaid as within anie +parte of the maine lande not formerly graunted to anie other; and to +have and enjoye the gould, silver, copper, iron, leade, and tinn, and +all other mineralls to be gotten thereby, to the use and behoofe of the +said Companie of Planters and Adventurers, yeldinge therefore and +payinge yerelie unto us, oure heires and successors, as aforesaid. + +And wee doe further of oure speciall grace, certaine knowledge and meere +motion, for us, oure heires and successors, grannt, by theis presents to +and withe the said Tresorer and Companie and their successors, that it +shalbe lawfull and free for them and their assignes at all and everie +time and times here after, oute of oure realme of England and oute of +all other [our] dominions, to take and leade into the said voyage, and +for and towards the said plantacion, and to travell thitherwards and to +abide and inhabite therein the said Colonie and plantacion, all such and +so manie of oure lovinge subjects, or anie other straungers that +wilbecomme oure lovinge subjects and live under oure allegiance, as +shall willinglie accompanie them in the said voyadge and plantation with +sufficient shippinge, armour, weapons, ordinannce, municion, powder, +shott, victualls, and such merchaundize or wares as are esteemed by the +wilde people in those parts, clothinge, implements, furnitures, catle, +horses and mares, and all other thinges necessarie for the said +plantation and for their use and defence and trade with the people +there, and in passinge and retourninge to and from without yeldinge or +payinge subsedie, custome, imposicion, or anie other taxe or duties to +us, oure heires or successors, for the space of seaven yeares from the +date of theis presents; provided, that none of the said persons be such +as shalbe hereafter by speciall name restrained by us, oure heires or +successors. + +And for their further encouragement, of oure speciall grace and favour, +wee doe by theis present for us, oure heires and successors, yeild and +graunte to and with the said Tresorer and Companie and their successors +and everie of them, their factors and assignes, that they and every of +them shalbe free and quiett of all subsedies and customes in Virginia +for the space of one and twentie yeres, and from all taxes and +imposicions for ever, upon anie goods or merchaundizes at anie time or +times hereafter, either upon importation thither or exportation from +thence into oure realme of England or into anie other of oure [realms +or] dominions, by the said Tresorer and Companie and their successors, +their deputies, factors [or] assignes or anie of them, except onlie the +five pound per centum due for custome upon all such good and +merchanndizes as shalbe brought or imported into oure realme of England +or anie other of theis oure dominions accordinge to the auncient trade +of merchannts, which five poundes per centum onely beinge paid, it +shalbe thensforth lawfull and free for the said Adventurers the same +goods [and] merchaundizes to export and carrie oute of oure said +dominions into forraine partes without anie custome, taxe or other duty +to be paide to us, oure heires or successors or to anie other oure +officers or deputies; provided, that the saide goods and merchaundizes +be shipped out within thirteene monethes after their first landinge +within anie parte of those dominions. + +And wee doe also confirme and grannt to the said Tresorer and Companie, +and their successors, as also to all and everie such governer or other +officers and ministers as by oure said Counsell shalbe appointed, to +have power and aucthoritie of governement and commannd in or over the +said Colonie or plantacion; that they and everie of them shall and +lawfullie maie from tyme to tyme and at all tymes forever hereafter, for +their severall defence and safetie, enconnter, expulse, repell and +resist by force and armes, aswell by sea as by land, and all waies and +meanes whatsoever, all and everie such person and persons whatsoever as +without the speciall licens of the said Tresorer and Companie and their +successors shall attempte to inhabite within the said severall precincts +and lymitts of the said Colonie and plantacion; and also, all and everie +such person and persons whatsoever as shall enterprise, or attempte at +anie time hereafter, destruccion, invasion, hurte, detriment or +annoyannce to the said Collonye and plantacion, as is likewise specified +in the said former grannte. + +And that it shalbe lawful for the said Tresorer and Companie, and their +successors and everie of them, from time to time and at all times +hereafter, and they shall have full power and aucthoritie, to take and +surprise by all waies and meanes whatsoever all and everie person and +persons whatsoever, with their shippes, goods and other furniture, +traffiquinge in anie harbor, creeke or place within the limitts or +precincts of the said Colonie and plantacion, [not] beinge[18] allowed +by the said Companie to be adventurers or planters of the said Colonie, +untill such time as they beinge of anie realmes or dominions under oure +obedience shall paie or agree to paie, to the hands of the Tresorer or +[of] some other officer deputed by the said governors in Virginia (over +and above such subsedie and custome as the said Companie is or here +after shalbe to paie) five poundes per centum upon all goods and +merchaundizes soe brought in thither, and also five per centum upon all +goods by them shipped oute from thence; and being straungers and not +under oure obedience untill they have payed (over and above such +subsedie and custome as the same Tresorer and Companie and their +successors is or hereafter shalbe to paie) tenn pounds per centum upon +all such goods, likewise carried in and oute, any thinge in the former +lettres patents to the contrarie not withstandinge; and the same sommes +of monie and benefitt as aforesaid for and duringe the space of one and +twentie yeares shalbe wholie imploied to the benefitt and behoof of the +said Colonie and plantacion; and after the saide one and twentie yeares +ended, the same shalbe taken to the use of us, oure heires or +successors, by such officer and minister as by us, oure heires or +successors, shalbe thereunto assigned and appointed, as is specified in +the said former lettres patents. + + [Footnote 18: Stith's footnote: "It is _and being_ in the + original; but the sense carried me so clearly to it, that I + ventured to make this correction, letting the reader at the + same time know it."] + +Also wee doe, for us, oure heires and successors, declare by theis +presents, that all and everie the persons beinge oure subjects which +shall goe and inhabit within the said Colonye and plantacion, and everie +of their children and posteritie which shall happen to be borne within +[any] the lymitts thereof, shall have [and] enjoye all liberties, +franchesies and immunities of free denizens and naturall subjects within +anie of oure other dominions to all intents and purposes as if they had +bine abidinge and borne within this oure kingdome of England or in anie +other of oure dominions. + +And forasmuch as it shalbe necessarie for all such our lovinge subjects +as shall inhabitt within the said precincts of Virginia aforesaid to +determine to live togither in the feare and true woorshipp of Almightie +God, Christian peace and civill quietnes, each with other, whereby +everie one maie with more safety, pleasure and profitt enjoye that where +unto they shall attaine with great paine and perill, wee, for us, oure +heires and successors, are likewise pleased and contented and by theis +presents doe give and graunte unto the said Tresorer and Companie and +their successors and to such governors, officers and ministers as +shalbe, by oure said Councell, constituted and appointed, accordinge to +the natures and lymitts of their offices and places respectively, that +they shall and maie from time to time for ever hereafter, within the +said precincts of Virginia or in the waie by the seas thither and from +thence, have full and absolute power and aucthority to correct, punishe, +pardon, governe and rule all such the subjects of us, oure heires and +successors as shall from time to time adventure themselves in anie +voiadge thither or that shall at anie tyme hereafter inhabitt in the +precincts and territorie of the said Colonie as aforesaid, accordinge to +such order, ordinaunces, constitution, directions and instruccions as by +oure said Counsell, as aforesaid, shalbe established; and in defect +thereof, in case of necessitie according to the good discretions of the +said governours and officers respectively, aswell in cases capitall and +criminall as civill, both marine and other, so alwaies as the said +statuts, ordinannces and proceedinges as neere as convenientlie maie be, +be agreable to the lawes, statutes, government and pollicie of this oure +realme of England. + +And we doe further of oure speciall grace, certeine knowledge and mere +mocion, grant, declare and ordaine that such principall governour as +from time to time shall dulie and lawfullie be aucthorised and +appointed, in manner and forme in theis presents heretofore expressed, +shall [have] full power and aucthoritie to use and exercise marshall +lawe in cases of rebellion or mutiny in as large and ample manner as +oure leiutenant in oure counties within oure realme of England have or +ought to have by force of their comissions of lieutenancy. + +And furthermore, if anie person or persons, adventurers or planters, of +the said Colonie, or anie other at anie time or times hereafter, shall +transporte anie monyes, goods or marchaundizes oute of anie [of] oure +kingdomes with a pretence or purpose to lande, sell or otherwise dispose +the same within the lymitts and bounds of the said Collonie, and yet +nevertheles beinge at sea or after he hath landed within anie part of +the said Colonie shall carrie the same into anie other forraine +Countrie, with a purpose there to sell and dispose there of that, then +all the goods and chattels of the said person or persons so offendinge +and transported, together with the shipp or vessell wherein such +transportacion was made, shalbe forfeited to us, oure heires and +successors. + +And further, oure will and pleasure is, that in all questions and doubts +that shall arrise upon anie difficultie of construccion or +interpretacion of anie thinge contained either in this or in oure said +former lettres patents, the same shalbe taken and interpreted in most +ample and beneficiall manner for the said Tresorer and Companie and +their successors and everie member there of. + +And further, wee doe by theis presents ratifie and confirme unto the +said Tresorer and Companie and their successors all privuleges, +franchesies, liberties and immunties graunted in oure said former +lettres patents and not in theis oure lettres patents revoked, altered, +channged or abridged. + +And finallie, oure will and pleasure is and wee doe further hereby for +us, oure heires and successors grannte and agree, to and with the said +Tresorer and Companie and their successors, that all and singuler person +and persons which shall at anie time or times hereafter adventure anie +somme or sommes of money in and towards the said plantacion of the said +Colonie in Virginia and shalbe admitted by the said Counsell and +Companie as adventurers of the said Colonie, in forme aforesaid, and +shalbe enrolled in the booke or record of the adventurers of the said +Companye, shall and maie be accompted, accepted, taken, helde and +reputed Adventurers of the said Collonie and shall and maie enjoye all +and singuler grannts, priviledges, liberties, benefitts, profitts, +commodities [and immunities], advantages and emoluments whatsoever as +fullie, largely, amplie and absolutely as if they and everie of them had +ben precisely, plainely, singulerly and distinctly named and inserted in +theis oure lettres patents. + +And lastely, because the principall effect which wee cann desier or +expect of this action is the conversion and reduccion of the people in +those partes unto the true worshipp of God and Christian religion, in +which respect wee would be lothe that anie person should be permitted to +passe that wee suspected to affect the superstitions of the Churche of +Rome, wee doe hereby declare that it is oure will and pleasure that none +be permitted to passe in anie voiadge from time to time to be made into +the saide countrie but such as firste shall have taken the oath of +supremacie, for which purpose wee doe by theise presents give full power +and aucthoritie to the Tresorer for the time beinge, and anie three of +the Counsell, to tender and exhibite the said oath to all such persons +as shall at anie time be sent and imploied in the said voiadge. + +Although expresse mention [of the true yearly value or certainty of the +premises, or any of them, or of any other gifts or grants, by us or any +of our progenitors or predecessors, to the aforesaid Treasurer and +Company heretofore made, in these presents is not made; or any act, +statute, ordinance, provision, proclamation, or restraint, to the +contrary hereof had, made, ordained, or provided, or any other thing, +cause, or matter, whatsoever, in any wise notwithstanding.] In witnes +whereof [we have caused these our letters to be made patent. Witness +ourself at Westminster, the 23d day of May (1609) in the seventh year of +our reign of England, France, and Ireland, and of Scotland the ****] + + Per ipsum Regem exactum. + +P. R. O. Chancery Patent Rolls (c. 66), 1796, 5; Stith, Appendix, pp. +8-22; Hening, Vol. I, pp. 80-98. + + + + + VIRGINIA COUNCIL. "INSTRUCCIONS + ORDERS AND CONSTITUCIONS ... + TO SR THOMAS GATES KNIGHT GOVERNOR + OF VIRGINIA" + + + + +MAY, 1609 + + + Instructions, orders and constitucions by way of advise sett + downe, declared and propounded to Sir Thomas Gates, Knight, + Governor of Virginia and of the Colony there planted and to + be planted, and of all the inhabitants thereof, by us His + Majesties Counsell for the direction of the affaires of that + countrey for his better disposinge and proceedinge in the + government thereof accordinge to the authority and power + given unto us by virtue of His Majesties lettres patents. + +1. Havinge considered the greate sufficiency and zealous affection which +you, Sir Thomas Gates, have many waies manifested unto us, and havinge +therefore by our Commission under our hands and seales constituted and +ordained you to be the Governor of Virginia, wee His Majesties Counsell +for that plantacion, have consulted and advised uppon divers +instructions for your safer and more deliberate proceedinge therein; and +therefore doe requier and charge you, accordinge to the Comission in +that behalf directed unto you, presently with all convenient speede to +take the charge and of our fleete consistinge of eight good shippes and +one pinnace and of sixe hundred land men to be transported under your +commaund, and with the first winde to sett saile for Virginia. And in +your passage thither you shall not land nor touch any of the Kinge of +Spaines his Dominions quetly possessed, without the leave or licence of +the governor of such place as you shal by accident or contrary windes be +forced into. You shall also hold counsell with the masters and pilotts +and men of the best experience what way is safest and fittest for you to +take, because we hold it daungerous that you should keepe the old course +of Dominico and Meins lest you fall into the hand of the Spaniard, who +may attend in that roade ready to intercept you: + +2. When it shall please God that you have safely attained the Kings +River, and our porte and seate of James Towne in Virginia, wee advise +you to call by proclamacion into some publique place, all the governors, +officers, and other His Majesties subjects aswell already seated there +as transported with you, to whom you shall cause your Commission to be +directly reade, whereby significacion may be had of His Majesties +pleasure in establishinge you the Governor of that countrey and +plantacion, and the President, Councell and Colony there may take notice +of the revocacion of that fourme of governement by the first lettres +patents constituted and confirmed, and accordingly yeald due obedience +unto you, their Governor. + +3. You shall demaund then and resume into your hands the former lettres +pattents and all instruccions & publique instruments given or sent unto +them and all bookes and records whatsoever of the generall proceedings +untill this time, and dispose of them in the future accordinge to your +discrecion. + +4. Beinge setled in your government, you shall call unto you, for your +further advise and graver proceedinge, their principall officers and +gentlemen whom we do ordaine and appointe to be of the Councell and who +for earliness of their undertakings and their greate paines and merits +doe well deserve this honor & respect from us: Sir George Summers, +Knight, and Admirall of Virginia; Captaine John Smith, nowe President; +Captaine John Radclif; Captaine Peter Winne, Seirjant Major of the fort; +Mr. Mathewe Scrivenor, whom out of our good experience of his abilities +in that kinde we doe name and appointe to be Secretary of that Councell; +Captaine John Martine; Captaine Richard Waldoe, master of the workes; +Captaine Woode; and Mr. Fleetwoode, whom we assure ourselves you will +use with all good respecte in their places and to whome wee expecte that +you shall give such other preferrements as their former paines have +deserved, and in all matters of importance we require you to call them +to consultacion and to proceede therein with their advice; and wee doe +give further power and authority to you, to give the oathe of Counsellor +to such as are now named, or any other oathe in the like case, +accordinge to your direccion. Provided that they shall not have, single +nor together, anie bindinge or negative voice or power uppon your +conclusions but doe give you full authority, uppon just occasion to +sequester any of them from the execucion of any place whatsover, and to +depute another thereunto untill significacion unto us be here made: + +5. You shall have power and authority to dispose and graunte any other +officer or commaunds whatsoever, either of governement or warr, except +such as are already disposed of by us to any persons of rancke or merite +(adventurers beings first regarded), accordinge to your discrecion and +so discharge or revoke the same or to sequester any so made or +constituted by us. + +6. You shall take principall order and care for the true and reverent +worship of God that his worde be duely preached and his holy sacraments +administred accordinge to the constitucions of the Church of England in +all fundamentall pointes, and his ministers had in due observance and +respecte agreeable to the dignity of their callinge. And that all +atheisme, prophanes, popery, or schisme be exemplarily punished to the +honor of God and to the peace and safety of his Church, over which, in +this tendernes and infancy, you must be especially solicitous & +watchefull. + +7. You shall, with all propensenes and diligence, endeavour the +conversion of the natives to the knowledge and worship of the true God +and their redeemer Christ Jesus, as the most pious and noble end of this +plantacion, which the better to effect you must procure from them some +convenient nomber of their children to be brought up in your language +and manners, and if you finde it convenient, we thinke it reasonable you +first remove from them their Iniocasockes or Priestes by a surprise of +them all and detaininge them prisoners, for they are so wrapped up in +the fogge and miserie of their iniquity and so tirrified with their +continuall tirrany, chained under the bond of deathe unto the divell +that while they live amounge them to poison and infecte them their +mindes, you shall never make any great progres into this glorious worke, +nor have any civill peace or concurre with them. And in case of +necessity or conveniency, we pronounce it not crueltie nor breache of +charity to deale more sharpely with them and to proceede even to dache +[death?] with these murtherers of soules and sacrificers of God's images +to the divill, referringe the consideracion of this as a waighty matter +of important consequence to the circumstances of the busines and place +in your discrecion. + +8. You shall for capitall and criminal justice in case of rebellion and +mutiny and in all such cases of [provident (?)] necessity, proceede by +martiall lawe accordinge to your comission as of most dispatch and +terror and fittest for this governement; and in all other causes of that +nature as also in all matters of civill justice, you shall finde it +properest and usefullest for your governement to proceede rather as a +chauncelor than as a judge, rather uppon the naturall right and equity +then uppon the nicenes and lettre of the lawe which perplexeth in this +tender body, rather then dispatcheth all causes so that a summary and +arbitrary way of justice discreetely mingled with those gravities and +fourmes of magistracy as shall in your discrecion seeme aptest for you +and that place, wilbe of most use both for expedicion and for example: + +9. You shall for the more regard and respect of your place, to begett +reverence to your authority and to refresh their mindes that obey the +gravity of those lawes under which they were borne; at your discrecion +use such fourmes and ensignes of governement as by our lettres pattents +wee are enabled to grant unto you; as also the attendance of a guarde +uppon your person, and in all such like cases you shall have power to +make, adde or distinguishe any lawes or ordinances at your discrecion +accordinge to the authority limited in your comission. + +10. You shall, for the choice of plantacions observe two generall +rulles: that you rather seeke to the sun then from it, which is under +God the first cause both of health and riches; and that such places +which you resolve to build and inhabite uppon have at the leaste one +good outlett into the sea & fresh water to the land; that it be a dry +and wholesome earth and as free from woode as possiblie you may, whereby +you may have roome to discover about you and unshady ground to plant +nere you. + +11. You must in every plantacion principally provide of your owne a +common graunge and storehowse of corne, besides that which you will +obtaine by tribute or trade with the natives. + +12. In the distribucion of your men accordinge to these advises and +relacions which wee have receaved, we advise you to continue the +plantacion at James Towne with a convenient nomber of men, but not as +your situacion or citty, because the place is unwholsome and but in the +marish of Virginia, and to keepe it onely as a fitt porte for your +shippes to ride before to arive and unlade att; butt neither shall you +make it your principall storehowse or magazin either of armes, victualls +or goods, but because it is so accessable with shippinge that an enemy +may be easily uppon you with all the provision of ordinance and municion +and it is not to be expected that anie fortificacion there can endure an +enemy that hath the leasure to sitt downe before it. + +13. The place you chose for your principall residence and seate to have +your catle, provisions of corne, foode, and magazin of other municion +in, as your greatest strength, trust and retraite, must be removed some +good distance from any navigable river, except with small boates, by +which no enemy shall dare to seeke your habitacion; and if in this place +some good fortificacion be made to which no ordinance can be brought by +water, if you be provided of victuall, you may dispute possession till a +straunger be wearied and starved. + +14. Above the over falles of the Kinges River it is likely you shall +finde some convenient place to this purpose whither no enemy with ease +can approache nor with ordinance at all but by land, with at howe greate +disadvauntage he shall seeke when he must discover and fight at once +uppon straightes, in woodes, at foordes, and places of all +inconveniency, is easy to be considered; besides, you shall have the +commodity of the braunche of the river to bringe downe your provisions +from within the land in canooes and smalle boates in the River of +Chechehounnack, neere unto you and not farre of another navagable +outlett into the sea by the River of Pamaouke. + +15. Foure dayes journey from your forte southewards is a towne called +Ohonahorn seated where the River of Choanocki devideth it self into +three braunches and falleth into the sea of Rawnocke in thirtie five +degrees; this place, if you seeke by Indian guides from James forte to +Winocke by water, from thence to Manqueocke, some twenty miles from +thence to Caththega, as much and from thence to Oconahoen, you shall +finde a brave and fruiteful seate every way unaccessable by a straunger +enemy, much more abundant in pochon and in the grasse silke called Cour +del Cherva and in vines, then any parte of this land knowne unto us. +Here we suppose, if you make your principall and cheife seate, you shall +doe most safely and richely because you are in the part of the land +inclined to the southe, and two of the best rivers will supply you; +besides you are neere to riche copper mines of Ritanoc and may passe +them by one braunche of this river, and by another, Peccarecamicke, +where you shall finde foure of the Englishe alive, left by Sir Walter +Rawely, which escaped from the slaughter of Powhaton of Roanocke, uppon +the first arrivall of our Colonie, and live under the proteccion of a +wiroane called Gepanocon, enemy to Powhaton by whose consent you shall +never recover them; one of these were worth much labour, and if you +finde them not, yet seach [search?] into this countrey, it is more +probable then towards the north. + +16. These three habitations seeme enoughe for the nomber of the people +nowe transported, over every one of which you must appointe a discreete +commaunder that shall sett your men to severall workes accordinge to +their undertakings in the bookes by which they were receaved; in every +one of these there must be builte a church and a storehowse and a parte +of land sett out for corne for the publique and some allotted to the +care of manuringe and preparinge thereof. In buildinge your towns you +shall as easily keepe decorous and order as confusion; and so you shall +prepare for ornament and safety at once, for every streete may answere +one another and all of them the markett place or storehowse in the midle +which at the leaste must be paved and made firme and dry. + +17. Your enemies can be but of two sortes, straungers and natives; for +the first, your defence must be uppon advauntage of the place and way +unto it, for fortes have no other use but that a fewe men may defend and +dispute their footinge with them against a greater nomber and to winne +time which, if you can do, a stranger cannot longe abide where he must +bringe all his releis [relief?] with him, and he shall have no way to +beseidge you but by blockinge you in and plantinge between you and the +sea, to which if you have two outeletts he must be very able and +powerfull that can do it; to prevent this you shall build some small +forte that may discry the sea neere Cape Comforte, and there hold a +reasonable garrison and keepe alwaies watch and longe boate that may be +ready to take the alarum and able to cary away our men, and munition if +you shall not be able to defend it. Besides it is not safe to lett any +of the savages dwell betwene you and the sea least they be made guides +to your enemies. To this commaunde wee desire Captaine Smith may be +allotted aswell for his earnest desire as the greate confidence & trust +that we have in his care & diligence. + +18. The second enemy is the natives who can no way hurte you but by fire +or by destroyinge your catle, or hinderinge your workes by stealth or +your passages in small nombers; and in this sorte of warr there is most +perill if you be not very carefull, for if they may destroy but one +harvest or burne your townes in the night they will leave you naked and +exposed to famine and cold, and convey themselves into wodes where +revenge wilbe as difficult as unnecessary; to prevent that you must +keepe good watches in the fielde and suffer none of them to come nere +your corne in those daungerous seasons; and continuall centinells +without the walles or uttermost defences in the night; and you must give +order that your catle be kept in heards waited and attended on by some +small watch or so enclosed by them selves that they destroy not your +corne and other seed provisions. + +19. For Powhaton and his Weroances it is clere even to reason beside our +experience that he loved not our neighbourhood and therefore you may no +way trust him, but if you finde it not best to make him your prisoner +yet you must make him your tributary, and all other his weroances about +him first to acknowledge no other lord but Kinge James, and so we shall +free them all from the tirrany of Powhaton ... uppon them. Every lord of +a province shall pay you and send you into your forte where you make +your cheif residence so many measures of corne at every harvest, soe +many basketts of dye, so many dozens of skins, so many of his people to +worke weekely, and of every thinge somewhat, accordinge to his +proporcion in greatenes of territory and men; by which meanes you shall +quietly drawe to your selves an annuall revenue of every commodity +growinge in that countrey and this tribute payd to you, for which you +shall deliver them from the exeacions of Powhaton which are now +burdensome, and protect and defend them from all their enemies; shall +also be a meanes of clearinge much ground of wood and of reducing them +to laboure and trade seinge for this rent onely they shall enjoye their +howses, and the rest of their travell quietly and many other commodities +and blessings of which they are yet insensible. + +20. If you hope to winne them and to provide for your selves by trade +you wilbe deceaved, for already your copper is embased by your abundance +and neglect of prisinge it and they will never feede you but for feare. +Wherefore, if you perceave that they, uppon your landinge, fly up into +the countrey and forsake their habitacion, you must seise into your +custody half there corne and harvest and their Weroances and all other +their knowne successors at once whom, if you intreate well and educate +those which are younge and to succeede in the governement in your +manners and religion, their people will easily obey you and become in +time civill and Christian. + +21. If you make freindship with any of these nations, as you must doe, +choose to doe it with those that are farthest from you and enemies unto +those amonge whom you dwell, for you shall have least occasion to have +differences with them and by that meanes a suerer league of amity, and +you shalbe suer of their trade partely for covetousnes and to serve +their owne ends, where the copper is yett in his primary estimacion +which Pohaton hath hitherto engrossed and partely for feare of +constrainte. Monocon, to the east and head of our river, Powhatons +enemy; and the Manahockes, to the northeast to the head of the River of +Moyompo in the necke of the land to the west betweene our bay and the +sea; Cathcatapeius, a greater Weroance then he is, also his enemy to the +Southeast and South--he hath no freinde to the north; the Masawoymekes +make continuall incursions uppon him and uppon all those that inhabite +the Rivers of Bolus and Myomps and to the northwest; Pocoughtuwonough +infecteth him with a terrible warr. With those you may hold trade and +freindeship good cheape for their emotenes [remoteness?] will prevent +all offence which must needes happen betweene us and them which we are +mingled with to the North. At the head bay is a large towne where is +store of copper and furres called Cataaneon that trade and discovery +wilbe to greate purpose, if it may be setled yearely. + +22. Such trade as you shall finde necessary or profitable for you with +the Indians you shall endeavour to drawe them to seeke of you and to +bringe their commodities into your forte, which will greatly ease the +imployment of many men, and this you may bringe to passe by seeminge to +make litle estimacion of trade with them and by pretendinge to be so +able to consist within your selves as that you neede care for nothinge +of theires, but rather that you doe them a curtesy to spare such +necessaries as they want as leetle iron tooles, or copper, or the like +such as are convenient for traffique; and so one officer or two in every +forte, whom you must onely appointe to be truncmasters, may dispatch the +whole busines of trade which els will cost you many mens laboures if you +seeke it far from home. And besides these you must, by proclamacion or +edicte publiquely affixed, prohibite and forbidd uppon paine or +punishement of your discrecion all other persons to trade or exchange +for anythinge but such as shalbe necessarie for foode or clothinge; and +uppon all such commodities of yours as shall passe away from you +whatsoever, you must sett prises and values under which the +trunckemaster must not trade, and so you shalbe such to uphold the +reputacion of your commodity and to make your traffique rich, desired +and certaine; over this truncemaster there must be appointed a cape +merchant or officer belonginge to the store or provision house that must +deliver by booke all such things as shalbe allowed for trade and receave +and take an accounte of whatsover is retourned, accordinge to the prises +therein sett, and so beinge booked must store them up, to the publique +use of the colony. + +23. You must constitute and declare some sharpe lawe with a penaltie +thereon to restraine the trade of any prohibited goods, especially of +swordes, pikeheads, gunnes, daggers, or any thinge of iron that may be +turned against you, and in case of such offence punishe severely; have +also especially regard that no arte or trade tendinge to armes in any +wise, as smithey, carpentry, of or such like, be taught the savages or +used in their presence, as they may learne therein. + +24. Havinge deduced your colony into severall seates and plantacions +that may commodiously answere and receive one another, you must devide +your people into tennes, twenties, & so upwards, to every necessary +worke a competent nomber, over every one of which you must appointe some +man of care and [skill] in that worke to oversee them and to take daily +accounte of their laboures; and you must ordaine that every overseer of +such a nomber of workemen deliver once a weeke an accounte of the wholle +committed to his charge [to] the cheife governor or captaine of the +fourte; and that they also once a moneth make the like accounte to you +or your officer and that such goodes or provisions as are advanced or +gotten above expence may be receaved and entred into the capemarchantes +booke and so stored and preserved to the publique use of the colony. And +thus you shall both knowe howe your men are imployed, what they gett & +where it is, as also the measure of your provision and wealth. + +25. For such of your men as shall attend any worke in or nere aboute +every towne, you shall doe best to lett them eate together at seasonable +howers in some publique place, beinge messed by sixe or five to a messe, +in which you must see there bee equality and sufficient that so they may +come and retourne to their worke without any delay and have no cause to +complaine of measure or to excuse their idlenes uppon the dressinge or +want of diett. You may well allowe them three howers in a somers day and +two in the winter, and shall call them together by ringinge of a bell +and by the same worne them againe to worke; for such as attend any +labouer so farre from the forte, as they cannot returne at seasonable +times, there must be a steward appointed that shall oversee there diett +and provision, els thoughe you give every one a reasonalbe allowance for +many dayes some will eate two meales at one & soe: + +26. You shall give especiall order to the cheif commaunder of every +forte that the armes, powder and munition be well stored and looked into +and that the men be disposed into severall companies for warr and +captaines appointed over every fifty to traine them at convenient times +and to teache them the use of their armes and weapons and they may knowe +whether uppon all occasions and sudden attempts they shall repaire to +find them in a readines. + +27. You must take especiall care what relacions come into England and +what lettres are written and that all thinges of that nature may be +boxed up and sealed and sent to first to the Councell here, accordinge +to a former instruccion unto the late president in that behalf directed; +and that at the arivall and retourne of every shippinge you endeavour to +knowe all the particuler passages and informacions given on both sides +and to advertise us accordingly. + +28. Whensoever you consult of any busines of importance, wee advise you +to consider and deliberate all thinges patiently & willingly and to +heare every man his oppinion and objeccion, but the resultants out of +them or your owne determinacion what you intend to doe not to imparte to +any whatsoever, but to such onely as shall execute it, and to them also +under the sealle of your commaundement and but at the instant of their +partinge from you or the execucion of your will. + +29. Next after buildinge, husbandry and manuringe the countrey for the +provision of life and conveniency, wee comend unto your care foure +principall waies of enrichinge the colonies and providinge returne of +commodity, of which you must be very solicitouse that our fleetes come +not home empty nor laden with useles marchandize. The first is discovery +either of the southe seas or royall mines, in the search of both which +we must referre you to the circumstances of your peace and your owne +discrecion; the second is trade whereby you recover all the commodities +of those countreys that ly far of and yet are accessable by water; the +third is tribute, by which you shall advaunce parte of what soever the +next lande can provide you can produce; the fourth is labour of your +owne men in makinge wines, pitche, tarre, sope, ashes, steele, iron, +pipestaves, in sowinge of hempe and flaxe, in gatheringe silke of the +grasse, and providinge the worme and in fishinge for pearle, codd, +sturgion, and such like. + +30. Wee require you to call before you Captaine John Radcliffe and one +... Webbe who hath complained by peticion delivered unto you of divers +injuries and insolences done unto him in the governement of the said +Captaine Radcliffe, and accordingly to heare the cause and doe justice +in it as you shall finde reason in it your owne discrecion. + +31. Whereas suite hath bine made unto us as for the retourne of Richard +Potts, David Wiffin and Post Ginnet, and sufficient reasons declared to +move us to graunte the same which hath bine agreed unto by the Councell +assembled, wee require you to give them their licence to come backe by +the next shippinge with such condicions or limitacions of retorne or +otherwise as you shall thinke good. + +32. Whereas peticion hath bine made by the friends of John Tavernor, +capemarchant of the forte and store in Virginia, for his retorne uppon +some urgent occasion and for some time into England, we require you to +licence him so to do if it be his desire when you arive there; and we +doe nominate and appointe Thomas Wittingham into his roome and office, +beinge one in whose sufficiency and honesty we have greate confidence. + +33. There beinge one George Liste, servant to John Woodall and sent over +by him with a chest of cheurgery sufficiently furnished, we require you +to give your licence to William Wilson, his fellowe, if the said George +Liste doe stay with you, to come backe in this passage, the better to +enfourme us what medicines and drugges are fittest to be provided for +the use of the colonie against the next supply. + +34. You shall be very wary of grantinge freedomes and of givinge your +sealle to any but uppon good consideracion and greate merite, least you +make cheape the best way of our recompence; and in those you doe you +shall give with such limitacions of retorne in reasonable time as in +your discrecion shall seeme good. + +35. If it shall please God that you should dy either in your way or in +your governement (which his mercy forbid) before other order be taken by +us therein, wee requier and commaund that the Councell there established +open a blacke boxe, marked with the figure of one and sealed with our +sealle, wherein they shall finde our determinacion concerninge the +successor to the governement; and do, in His Majesties name, charge and +commaund every person within the precincte of the Colony to give and +yeild due obedience to him so named and appointed accordinge unto his +commission unto him, directed as they will aunswere to the contrary at +their uttermost perill. + +36. Wee also requier you, the present Governor & all your successors, to +keepe secret to your selves, unsealed and unbroken up, all such lettres, +schedules and instruments and whatsoever wee shall deliver you soe under +our sealle, especially two blacke boxes with divers markes wherein are +our commissions in cases of death or other vacacion of the Governor +untill such time as you shall find your self unlikely to live or +determined to returne, uppon which occasions wee requier you that they +be delivered before all the Councell to be opened successively after +such death or departure out of Virginia of any Governor. + +Provided that in all thinges herein contained, except onely the +succession, wee doe by these our lettres instruccions binde you to +nothinge so strictely but that uppon due consideracion and good reason, +and uppon divers circumstances of time and place wherein we cannot here +conclude, you may in your discrecion departe and dissent from them and +change, alter or establishe, execute and doe all ordinances or acts +whatsoever that may best conducte to the glory of God, the honor of our +Kinge and nation to the good and perfect establishement of our Colony. +Geven under our hands and Councell sealle the day of May, in the +seaventh yeare of His Majesties ragne of England, Fraunce & Ireland and +Scotland the two and fortithe. + +Kingsbury, _Records of the Virginia Company of London_, Vol. III, pp. +12-24. + + + + + VIRGINIA COUNCIL. "INSTRUCTIONS, + ORDERS AND CONSTITUCIONS ... TO ... + SIR THOMAS WEST, KNIGHT, LORD LA + WARR." + + + + +1609/10(?) + + + Instructions, orders and constitucions by way of advise sett + downe, declared, propounded and delivered to the Right + Honourable Sir Thomas West, Knight, Lord La Warr, Lord + Governor and Capten Generall of Virginea and of the Colonies + there planted and to be planted and of all other the + inhabitants thereof, by us, His Majesties Counsell for the + Companie of Adventurers and Planters in Virginea resident in + England under the hands of some of us for the direccion of + the affares of that countrey for his better disposinge and + proceedinge in the government thereof, according to the + authoritie and power given unto us by His Majesties lettres + patents in that behalf, together with a copie of certaine of + the cheifest instruccions which have bene formerlie given to + Sir Thomas Gates, Knight, for his direccion, which coppie we + have given to his Lordship to peruse and looke into but + leave it to his discretion to use and put them in execution + or to beare to be advised or directed by them further then + in his owne discretion he shall thinke meete. + +We, the said Councell, havinge considered the great & zealous affeccion +which you, Sir Thomas West, Knight, Lord Lawarr, have many wayes +manifested unto us and for the furtherance and advaunceinge of the +plantacion of Virginea have therefore by our commission under the handes +of some of us, constituted you to be Lord Governor and Captaine Generall +of Virginea and for your more safe and deliberate proceedinge in your +goverment there, have advised, constituted & agreed uppon divers +instructions followinge, vizt: + +1. First, we require your Lordship to take into your charge our fleete +consistinge of three good shippes with the masters, mariners, sailors +and one hundred and fiftie landmen goinge in them to be transported +under your commaund with what speed conveniently you maye unto Virginea +and with the first winde to sett saile for that place and in your +passage thither not to lande or touche uppon anye of the Kinge of Spaine +his dominions by him quietly possessed without the licence of the +governour of such place first obtained, unles by necessitie of winde and +weather you shalbe forced thereunto; in which passage you shall holde +councell with the masters, pilates and men of best experience what way +is safest and fitt for you to take for your arrivinge in Virginea. + +2. Your Lordships beinge landed there, we wishe you should (with what +convenientcy you may by proclamacion made) call into some publique place +all the governors, officers and other His Majesties subjects, aswell +already seated there as transported with you, to whom you shall manifest +your commission and cause it to be publiquely read to them, to the end +His Majesties pleasure may be knowne as alsoe our choise in +establishinge your Lordship Governor of Virginea and of the plantacion +there; and that the President, Counsell and Colony there may take notice +of our revocacion of all former kindes and formes of goverment, +constituted or confirmed, and that they accordingely may yeild due +obedience unto you, theire Lord Governor and Captaine Generall, at which +time we holde it fitt you tender unto every of them the oath of +supremacy to be by them taken whereby they shall manifest theire +obedience and loyaltie to His Majestie and you thereby the better +assured of theire fidelities as alsoe to be the rather encouraged to +comitt matter of counsell and charge unto them; att which time alsoe +your Lordship shall, in our opinions, doe well to give generall +commaundement that all former private or publique quarels, greivancs or +grudgs be from thenceforth from amongest them utterly abbandoned and +forgotten and they willingly embrace peace and love as becommeth +Christians without discention or hindrance to the common good or quiet. + +3. Moreover, your Lordship shall demaunde and resume into your hands all +former commissions and all instructions and publique instruments given +or sent unto them and all bookes and records whatsoever of all the +proceedings untill this time and dispose of all theire offices and +places in the future accordinge to your discretion; except the office of +Leiuetennante Governor, which your Lordship is by your commission to +bestowe upon Sir Thomas Gates, if he shalbe there to execute the same, +and office of Marshall uppon Sir Thomas Dale, at this cominge thither, +and the office of Admirall upon Sir George Sumers, if he shalbe there, +and the office of Viceadmirall upon Capten Newport, he beinge there to +supplye the said place. + +4. Your shippes beinge discharged of theire provision, we wishe that +they, the seamen and soe manie others as shalbe needfull for that worke, +be, with what convenient speed you may, employed to theire fishinge for +sturgeons and other fish; which done we desier your Lordship should make +up the residue of theire fraight with divers of the best severall +patternes of the land, commodities that you can gett there havinge +regarde more to the goodnes and qualitie of them then to the quantity; +and to retorne the said shippes for England with as quick dispatch as +you may for easinge of the Companie of Adventurers of the charge both of +wages of the said shippes, seamen and victualls which they must be att +untill they retorne. + +5. After your Lordship is settled in your governement, we thinke it very +behofefull that you employ soe many of your people as shalbe needfull in +sowing, setting and plantinge of corne and such rootes for foode as you +for your better provision, sustentacion and maintennance shall thinke +meete to be planted. + +6. As touchinge your landmen, we thinke fitt your Lordship should reduce +them all into severall bandes and companies of fifties or more when you +thinke good and to committ the charge of them to severall officers and +captaines to be exercised and trained up in martiall manner and warlike +discipline. + +7. Your Lordship is to take principall order and care for the true +worship and service of God as by havinge the Gospell preched, frequent +prayers and the sacraments often administred as becommeth Christians. +And that such your ministers and preachers as shalbe with you be had in +due respect agreable to theire dignitie and callinge and that your +Lordship, with the counsell of your said prechers and ministers, doe, as +occasion shall be offered, proceede in punishinge of all atheisme, +prophanisme, popery and scisme by exemplary punishment to the honor of +God and to the peace and safety of his church over which in this +tendernes and infancy your Lordship must be especially solicitous and +watchfull. + +8. It is very expedient that your Lordship with all diligence indeavor +the conversion of the natives and savages to the knowledge and worship +of the true God and theire redemer Christ Jesus as the most pious and +noble end of this plantacion; which the better to effecte you are to +procure from them some of theire children to be brought up in our +language and manners and, if you finde it convenient, we thinke it +necesserie you first remove from them the iniococks or priests by a +surprise of them and detaninge them prisoners and in case they shalbe +willfull and obstinate then to send over some three or foure of them +into England, we may endevor theire conversion here. + +9. We holde it requisite that your Lordship in causes of civill justice, +proceede rather as a counsellor then as a judge; that is to saie, rather +uppon the right and equitie of the thinge in demaunde then uppon the +nicenes and letter of the lawe, which perplexeth in this tender body +rather then dispatcheth causes. Soe that a summary and arbitrary way of +justice, mingled with discreet formes of magistracy as shall in your +discretion seeme aptest for your Lordship to exercise in that place, +wilbe of most use both for expedicion and example and for criminall +causes, you are to deale therein according to your comission and good +discretion. + +10. That your Lordship doe not permitt any shippe or vessell to trade or +traffique within your precincte to carrie from thence any commodities or +marchandizes without warrant brought you or sent to your Lordship from +the Councell for the Company of Adventurers under the Councell seale. + +11. We doe require your Lordship that with what possible speed and +conveniency you may, after you are setled, you appointe a convenient +number with guides and some discreete commaunder to discover northwest, +south and southwest, beyonde the faulls ten or twelve dayes journey, and +that assone as may be your Lordship send unto us the narracion of that +voyage what rivers, lakes or seas they finde or here of with the +circumstanc there unto belonginge. + +12. If Sir Thomas Gates be there arived and Sir George Sommers and +Capten Newport, or any of them, that your Lordship doe give unto Sir +Thomas Gates the place or office of Leiuetennant Governor to your +Lordship duringe the time of your Lordship and his abode there together, +and in your Lordships absence he beinge there to be your deputy and +cheif generall and commaunder of the whole Colonye and Companie, and to +rule and governe according to suche instructions as your Lordship shall +limitt and appointe him; and that Sir George Sommers may have the office +of Cheif Admirall under your Lordship and that Sir Ferdinando Weyneman +may have the office of Master of the ordinance, and that Capten Newport +may have the office of Viceadmirall unto your Lordship. + +13. Your Lordship must take especiall care what relacions come into +England and what lettres are written & that all things of that nature +may be boxed up and sealed and sent first to the Counsell here, +accordinge to a former instruction unto the late Governor in that behalf +directed; and that att the arrival and retorne of every shippinge you +endeavor to knowe all the particuler passages and informacions given on +both sides and to advertise us accordingly. + +14. Last of all, for temporall goverment & perticuler proceedinge in +your plantacion, in respect of the shortnes of time, we commende unto +your Lordship the copie of some of the cheifest of the old instruccions +before mencioned to have bene formerly delivered to Sir Thomas Gates, to +be used or refused as you shall in your wisdome thinke fitt, neither is +or meanes to tie your Lordship to the stricte perfourmance of theis newe +instructions but as occasion of time, place or necessetie shall requir +your Lordship may doe therein as shall seeme best in your owne +discretion. Southampton, Pembroke, Philip Mountgomery, Edward Cecill, +Walter Cope, Dudly Diggs, William Rumney, Thomas Smith, Robert Drewrye, +Robert Maunsell, Baptist Hicks, Christofer Brooke. + +The copie of the old instruccions which were formerly with others +delivered to Sir Thomas Gates, Knight, att his goinge to Virginea for +his direccion in his goverment there, and noew are by us, His Majesties +Councill for the Companie of Adventurers for Virginea, given to the +Right Honourable, the Lord La Warr to looke into and advise on and at +his discretion to use [or] forbeare to put them in execucion. + +Such of the old instructions which were formerly given to Sir Thomas +Gates, Knight, and nowe delivered to the Lord La Warre, beginne att the +ninth instruccion in the articles in thi booke which by waye of advise +were sett down to the said Sir Thomas Gates and soe are written ontill +you come to the thirtith instruccion which 30th, 31, 32 & 33 +instructions are not given his Lordship but the 34th is given him, but +not the 35 nor 36, but the effect of the provisoe followinge is given. + +Kingsbury, Vol. III, pp. 24-29 + + + + +THE THIRD CHARTER + + + + +MARCH 12, 1612 + + +James, by the grace of God [King of England, Scotland, France and +Ireland, Defender of the Faith;] to all to whom [these presents shall +come,] greeting. Whereas at the humble suite of divers and sundry our +lovinge subjects, aswell adventurers as planters of the First Colonie in +Virginia, and for the propagacion of Christian religion and reclayminge +of people barbarous to civilitie and humanitie, we have by our lettres +patent bearing date at Westminster the three and twentieth daie of May +in the seaventh yeare of our raigne of England, Frannce and Ireland, and +the twoe and fortieth of Scotland, given and grannted unto them, that +they and all suche and soe manie of our loving subjects as shold from +time to time for ever after be joyned with them as planters or +adventurers in the said plantacion, and their successors for ever, shold +be one body politique incorporated by the name of The Treasorer and +Planters of the Cittie of London for the First Colonie in Virginia; + +And whereas allsoe for the greater good and benefitt of the said +Companie and for the better furnishing and establishing of the said +plantacion we did further [give], grannte and confirme by our said +lettres patent unto the said Treasorer and Companie and their successors +for ever, all those landes, contries and territories scituate, lyeing +and being in that part of America called Virginia, from the point of +land called Cape [or] Pointe Comfort all along the seacoste to the +northward twoe hundred miles, and from the said point of Cape Comfort +all along the seacoste to the sowthward twoe hundred miles, and all the +space and circuit of land lying from the sea coste of the precinct +aforesaid up or into the land throughout from sea to sea, west and +northwest, and allso all the islandes lying within one hundred miles +along the coast of both the seas of the precinct aforsaid, with diverse +other grannts, liberties, franchises, preheminences, privileges, +proffitts, benefitts, and commodities, grannted in and by our said +lettres patent to the said Tresorer and Companie, and their successors, +for ever: + +Now for asmuchas we are given to undestande that in these seas adjoyning +to the said coast of Virginia and without the compasse of those twoe +hundred miles by us soe grannted unto the said Treasurer and Companie as +aforesaid, and yet not farr distant from the said Colony in Virginia, +there are or may be divers islandes lying desolate and uninhabited, some +of which are already made knowne and discovered by the industry, +travell, and expences of the said Company, and others allsoe are +supposed to be and remaine as yet unknowen and undiscovered, all and +every of which itt maie importe the said Colony both in safety and +pollecy of trade to populate and plant, in regard where of, aswell for +the preventing of perill as for the better comodity and prosperity of +the said Colony, they have bin humble suitors unto us that we wold be +pleased to grannt unto them an inlardgement of our said former lettres +patent, aswell for a more ample extent of their limitts and territories +into the seas adjoyning to and uppon the coast of Virginia as allsoe for +some other matters and articles concerning the better government of the +said Company and Collony, in which point our said former lettres patents +doe not extende soe farre as time and experience hath found to be +needfull and convenient: + +We, therefore, tendring the good and happy successe of the said +plantacion both in respect of the generall weale of humane society as in +respect of the good of our owne estate and kingedomes, and being willing +to give furtherannt untoall good meanes that may advannce the benefitt +of the said Company and which maie secure the safety of our loving +subjects, planted in our said Colony under the favour and protection of +God Almighty and of our royall power and authority, have therefore of +our especiall grace, certain knowledge and mere mocion, given, grannted +and confirmed, and for us, our heires and successors we doe by theis +presents, give, grannt and confirme unto the said Treasurer and Company +of Adventurers and Planters of the said Citty of London for the First +Colony in Virginia, and to their heires and successors for ever, all and +singuler the said iselandes [whatsoever] scituat and being in anie part +of the said ocean bordering upon the coast of our said First Colony in +Virginia and being within three hundred leagues of anie the partes +hertofore grannted to the said Treasorer and Company in our said former +lettres patents as aforesaid, and being within or betweene the one and +fortie and thirty degrees of Northerly latitude, together with all and +singuler [soils] landes, groundes, havens, ports, rivers, waters, +fishinges, mines and mineralls, aswell royal mines of gold and silver as +other mines and mineralls, perles, precious stones, quarries, and all +and singuler other commodities, jurisdiccions, royalties, priviledges, +franchises and preheminences, both within the said tract of lande uppon +the maine and allso within the said iselandes and seas adjoyning, +whatsoever, and thereunto or there abouts both by sea and land being or +scituat; and which, by our lettres patents, we maie or cann grannt and +in as ample manner and sort as we or anie our noble progenitors have +heretofore grannted to anie person or persons or to anie Companie, bodie +politique or corporate or to any adventurer or adventurers, undertaker +or undertakers of anie discoveries, plantacions or traffique, of, in, or +into anie foreigne parts whatsoever, and in as lardge and ample manner +as if the same were herein particularly named, mencioned and expressed: +provided allwaies that the said iselandes or anie the premisses herein +mencioned and by theis presents intended and meant to be grannted be not +already actually possessed or inhabited by anie other Christian prince +or estate, nor be within the bounds, limitts or territories of the +Northerne Colonie, hertofore by us grannted to be planted by divers of +our loving subjects in the northpartes of Virginia. To have and to hold, +possesse and injoie all and singuler the said iselandes in the said +ocean seas soe lying and bordering uppon the coast or coasts of the +territories of the said First Colony in Virginia as aforesaid, with all +and singuler the said soiles, landes and groundes and all and singular +other the premisses heretofore by theis presents grannted, or mencioned +to be grannted, to them, the said Treasurer and Companie of Adventurers +and Planters of the Cittie of London for the First Colonie in Virginia, +and to their heires, successors and assignes for ever, to the sole and +proper use and behoofe of them, the said Treasurer and Companie and +their heires, successores and assignes for ever; to be holden of us, our +heires and successors as of our mannor of Eastgreenwich, in free and +common soccage and not in capite, yealding and paying therefore, to us, +our heires and successors, the fifte part of the oare of all gold and +silver which shalbe there gotten, had or obteined for all manner of +services, whatsoever. + +And further our will and pleasure is, and we doe by theis presents +grannt and confirme for the good and welfare of the said plantacion, and +that posterity maie hereafter knowe whoe have adventured and not bin +sparing of their purses in such a noble and generous accion for the +generall good of theire cuntrie, and at the request and with the consent +of the Companie aforesaid, that our trusty and welbeloved subjects.[19] + + [Footnote 19: Stith gives the following names only: "George, + Lord Archbishop of Canterbury, Henry, Earl of Huntington, + Edward, Earl of Bedford, Richard, Earl of Clanrickard, &c." + The following names in brackets are taken from the text in + Brown's _Genesis_.] + + George, Lord Archbishopp of Canterbury + Gilbert, Earle of Shrewsberry + Mary, Countesse of Shrewesbeiry + Elizabeth, Countesse of Derby + Margarett, Countesse of Comberland + Henry, Earle of Huntingdon + Edward, Earle of Beddford + Lucy, Countesse of Bedford + Marie, Countesse of Pembroke + Richard, Earle of Clanrickard + Lady Elizabeth Graie + William, Lord Viscount Cramborne + William, Lord Bishopp of Duresme + Henry, Lord Bishopp of Worceter + John, Lord Bishopp of Oxonford + William, Lord Pagett + Dudley, Lord North + Franncis, Lord Norries + William, Lord Knollis + John, Lord Harrington + Robert, Lord Spencer + Edward, Lord Denny + William, Lord Cavendishe + James, Lord Hay + Elianor, Lady Cave [Carre] + Maistres Elizabeth Scott, widdow + Edward Sackvill, Esquier + Sir Henry Nevill, of Aburgavenny, Knight + Sir Robert Riche, Knight + Sir John Harrington, Knight + Sir Raphe Wimwood, Knight + Sir John Graie, Knight + Sir Henry Riche, Knight + Sir Henry Wotton, Knight + Peregrine Berly, Esquier [Berty] + Sir Edward Phelipps, Knight, Maister of the Rolls + Sir Moile Finche, Knight + Sir Thomas Mansell, Knight + Sir John St. John, Knight + Sir Richard Spencer, Knight + Sir Franncis Barrington, Knight + Sir George Carie of Devonshire, Knight + Sir William Twisden, Knight + Sir John Leveson, Knight + Sir Thomas Walsingham, Knight + Sir Edward Care, Knight + Sir Arthure Manwaringe, Knight + Sir Thomas Jermyn, Knight + Sir Valentine Knightley, Knight + Sir John Dodderidge, Knight + Sir John Hungerford, Knight + Sir John Stradling, Knight + Sir John Bourchidd, Knight [Bourchier] + Sir John Bennett, Knight + Sir Samuel Leonard, Knight + Sir Franncis Goodwin, Knight + Sir Wareham St. Legier, Knight + Sir James Scudamore, Knight + Sir Thomas Mildmaie, Knight + Sir Percivall Harte, Knight + Sir Percivall Willoughby, Knight + Sir Franncis Leigh, Knight + Sir Henry Goodere, Knight + Sir John Cutt, Knight + Sir James Parrett, Knight + Sir William Craven, Knight + Sir John Sammes, Knight + Sir Carey Raleigh, Knight + Sir William Maynard, Knight + Sir Edmund Bowyer, Knight + Sir William Cornewallis, Knight + Sir Thomas Beomont, Knight + Sir Thomas Cunningsby, Knight + Sir Henry Beddingfeild, Knight + Sir David Murray, Knight + Sir William Poole, Knight + Sir William Throgmorton, Knight + Sir Thomas Grantham, Knight + Sir Thomas Stewkley, Knight + Sir Edward Heron, Knight + Sir Ralph Shelten, Knight + Sir Lewes Thesam, Knight + Sir Walter Aston, Knight + Sir Thomas Denton, Knight + Sir Ewstace Hart, Knight + Sir John Ogle, Knight + Sir Thomas Dale, Knight + Sir William Boulstrod, Knight + Sir William Fleetwood, Knight + Sir John Acland, Knight + Sir John Hanham, Knight + Sir Roberte Meller, Knight [Millor] + Sir Thomas Wilford, Knight + Sir William Lower, Knight + Sir Thomas Lerdes, Knight [Leedes] + Sir Franncis Barneham, Knight + Sir Walter Chate, Knight + Sir Thomas Tracy, Knight + Sir Marmaduke Darrell, Knight + Sir William Harrys, Knight + Sir Thomas Gerrand, Knight + Sir Peter Freetchvile, Knight + Sir Richard Trevor, Knight + Sir Amias Bamfeild + Sir William Smith of Essex, Knight + Sir Thomas Hewett, Knight + Sir Richard Smith, Knight + Sir John Heyward, Knight + Sir Christopher Harris, Knight + Sir John Pettus, Knight + Sir William Strode, Knight + Sir Thomas Harfleet, Knight + Sir Walter Vaughan, Knight + Sir William Herrick, Knight + Sir Samuell Saltonstall, Knight + Sir Richard Cooper, Knight + Sir Henry Fane, Knight + Sir Franncis Egiok, Knight + Sir Robert Edolph, Knight + Sir Arthure Harries, Knight + Sir George Huntley, Knight + Sir George Chute, Knight + Sir Robert Leigh, Knight + Sir Richard Lovelace, Knight + Sir William Lovelace, Knight + Sir Robert Yaxley, Knight + Sir Franncis Wortley, Knight + Sir Franncis Heiborne, Knight + Sir Guy Palme, Knight + Sir Richard Bingley, Knight + Sir Ambrose Turvill, Knight + Sir Nicholas Stoddard, Knight + Sir William Gree, Knight + Sir Walter Coverte, Knight + Sir Thomas Eversfeild, Knight + Sir Nicholas Parker, Knight + Sir Edward Culpeper, Knight + Sir William Ayliffe, Knight, and + Sir John Keile, Knight + Doctor George Mountaine, Dean of Westminster + Lawrence Bohan, Docktor in Phisick + Anthony Hinton, Doctor in Phisick + John Pawlett + Arthure Ingram + Anthony Irby + John Weld + John Walter + John Harris + Anthony Dyott + William Ravenscrofte + Thomas Warre + William Hackwill + Lawrence Hide + Nicholas Hide + Thomas Stevens + Franncis Tate + Thomas Coventry + John Hare + Robert Askwith + George Sanndys + Franncis Jones + Thomas Wentworth + Henry Cromewell + John Arundell + John Culpeper + John Hoskins + Walter Fitz Williams + Walter Kirkham + William Roscarrock + Richard Carmerdon + Edward Carne + Thomas Merry + Nicholas Lichfeild + John Middleton + John Smithe, and + Thomas Smith, the sonnes of Sir Thomas Smith + Peter Franke + George Gerrand + Gregory Sprynte + John Drake + Roger Puleston + Oliver Nicholas + Richard Nunnington [Monyngton] + John Vaughan + John Evelin + Lamorock Stradling + John Riddall + John Kettleby + Warren Townsend + Lionell Cranfeild + Edward Salter + William Litton + Humfrey May + George Thorpe + Henry Sandys, and + Edwin Sandys, the sonnes of Sir Edwin Sandys + Thomas Conway + Captaine Owen Gwinn + Captaine Giles Hawkridge + Edward Dyer + Richard Connock + Benjamin Brand + Richard Leigh, and + Thomas Pelham, Esquiers + Thomas Digges, and + John Digges, Esquiers, the sonnes of Sir Dudley Diggs, Knight + Franncis Bradley + Richard Buckminster [Buck] + Franncis Burley + John Procter + Alexannder Whitakers + Thomas Frake, thelder, and + Henry Freake, thelder, Ministers of God's word + The mayor and citizens of Chichester + The mayor and jurates of Dover + The bailiffs, burgesses and comonalty of Ipswich + The mayor and comunalty of Lyme Regis + The mayor and comonalty of Sandwich + The wardens, assistants and companie of the Trinity House + Thomas Martin + Franncis Smaleman + Augustine Steward + Richard Tomlins + Humfrey Jobson + John Legate + Robert Backley [Barkley] + John Crowe + Edward Backley [Barkley] + William Flett [Fleet] + Henry Wolstenholme + Edmund Alleyn + George Tucker + Franncis Glanville + Thomas Gouge + John Evelin + William Hall + John Smithe + George Samms + John Robinson + William Tucker + John Wolstenholme, and + Henry Wolstenholme, sonnes of John Wolstenholme, Esquier + William Hodges + Jonathan Mattall [Nuttall] + Phinees Pett + Captaine John Kinge + Captaine William Beck + Giles Alington + Franncis Heiton, and + Samuell Holliland, gentleman + Richard Chamberlaine + George Chamberlaine + Hewett Staper + Humfrey Handford + Raph Freeman + George Twinhoe [Swinhoe] + Richard Pigott + Elias Roberts + Roger Harris + Devereux Wogan + Edward Baber + William Greenewell + Thomas Stilles [Shilds] + Nicholas Hooker + Robert Garsett + Thomas Cordell + William Bright + John Reynold + Peter Bartley + John Willett + Humfry Smithe + Roger Dye + Nicholas Leate + Thomas Wale + Lewes Tate + Humfrey Merrett + Roberte Peake + Powell Isaackson + Sebastian Viccars + Jarvis Mundes + Richard Warner + Gresham Hogan Warner + Daniell Deruley + Andrew Troughton + William Barrett + Thomas Hodges + John Downes + Richard Harper + Thomas Foxall + William Haselden + James Harrison + William Burrell + John Hodsall + Richard Fishborne + John Miller + Edward Cooke + Richard Hall, marchaunt + Richard Hall, ankersmith + John Delbridge + Richard Francklin + Edmund Scott + John Britten + Robert Stratt + Edmund Pond + Edward James + Robert Bell + Richard Herne + William Ferrers + William Millett + Anthony Abdy + Roberte Gore + Benjamin Decrow + Henry Tunberley [Timberly] + Humfrey Basse + Abraham Speckart + Richard Moorer + William Compton + Richard Poulsoune [Pontsonne] + William Wolaston + John Desmont, clothier [Beomont] + Alexannder Childe + William Fald, fishmonger + Franncis Baldwin + John Jones, marchant + Thomas Plomer + Edward Plomer, marchants + John Stoickden + Robert Tindall + Peter Erundell + Ruben Bourne + Thomas Hampton, and + Franncis Carter, citizens of London, + +whoe since our said last lettres patent are become adventurers and have +joined themselves with the former adventurers and planters of the said +Companie and societie, shall from henceforth be reputed, deemed and +taken to be and shalbe brethren and free members of the Companie and +shall and maie, respectively, and according to the proportion and value +of their severall adventures, have, hold and enjoie all suche interest, +right, title, priviledges, preheminences, liberties, franchises, +immunities, profitts and commodities whatsoever, in as lardge, ample and +beneficiall manner to all intents, construccions and purposes as anie +other adventures nominated and expressed in anie our former lettres +patent, or anie of them have or maie have by force and vertue of theis +presents, or anie our former lettres patent whatsoever. + +And we are further pleased and we doe by theis presents grannt and +confirm that[20] + + Phillipp, Earle of Montgomery + William, Lord Paget + Sir John Harrington, Knight + Sir William Cavendish, Knight + Sir John Sammes, Knight + Sir Samuell Sandys, Knight + Sir Thomas Freke, Knight + Sir William St. John, Knight + Sir Richard Grobham, Knight + Sir Thomas Dale, Knight + Sir Cavalliero Maycott, Knight + Richard Martin, Esquier + John Bingley, Esquier + Thomas Watson, Esquier, and + Arthure Ingram, Esquier, + +whome the said Treasurer and Companie have, since the said [last] +lettres patent, nominated and sett downe as worthy and discreete persons +fitt to serve us as Counsellors, to be of our Counsell for the said +plantacion, shalbe reputed, deemed and taken as persons of our said +Councell for the said First Colonie in such manner and sort to all +intents and purposes as those whoe have bin formerly ellected and +nominated as our Counsellors for that Colonie and whose names have bin +or are incerted and expressed in our said former lettres patent. + + [Footnote 20: Stith gives the following names only: "Philip, + Earl of Mongomery, William, Lord Paget, Sir John + Starrington, Knt. &c."] + +And we doe hereby ordaine and grannt by theis presents that the said +Treasurer and Companie of Adventurers and Planters, aforesaid, shall and +maie, once everie weeke or oftener at their pleasure, hold and keepe a +court and assembly for the better ordening [ordering] and government of +the said plantacion and such thinges as shall concerne the same; and +that anie five persons of the said Counsell for the said First Collonie +in Virginia, for the time being, of which Companie the Treasurer or his +deputie allwaies to be one, and the nomber of fifteene others at the +least of the generality of the said Companie assembled together in such +court or assembly in such manner as is and hath bin heretofore used and +accustomed, shalbe said, taken, held and reputed to be and shalbe a full +and sufficient court of the said Companie for the handling, ordring and +dispatching of all such casuall and particuler occurrences and +accidentall matters of lesse consequence and waight, as shall from time +to time happen, touching and concerning the said plantacion. + +And that, nevertheles, for the handling, ordring and disposing of +matters and affaires of great waight and importance and such as shall or +maie in anie sort concerne the weale publike and generall good of the +said Companie and plantacion as namely, the manner of government from +time to time to be used, the ordring and disposing of the said +possessions and the setling and establishing of a trade there, or such +like, there shalbe held and kept everie yeare uppon the last Wednesdaie +save one of Hillary, Easter, Trinity and Michaelmas termes, for ever, +one great, generall and solemne assembly, which fower severall +assemblies shalbe stiled and called The Fower Great and Generall Courts +of the Counsell and Companie of Adventurers for Virginia; in all and +every of which said great and generall Courts soe assembled our will and +pleasure is and we doe, for us, our heires and successors forever, give +and grannt to the said Treasurer and Companie and their successors for +ever by theis presents, that they, the said Treasurer and Companie or +the greater nomber of them soe assembled, shall and maie have full power +and authoritie from time to time and att all times hereafter to ellect +and choose discreet persons to be of our [said] Counsell for the said +First Colonie in Virginia and to nominate and appoint such officers as +theie shall thinke fitt and requisit for the government, managing, +ordring and dispatching of the affaires of the said Companie; and shall +likewise have full power and authority to ordaine and make such lawes +and ordinances for the good and wellfare of the said plantacion as to +them from time to time shalbe thought requisite and meete: soe allwaies +as the same be not contrary to the lawes and statutes of this our realme +of England; and shall in like manner have power and authority to +expulse, disfranchise and putt out of and from their said Companie and +societie for ever all and everie such person and persons as having +either promised or subscribed their names to become adventurers to the +said plantacion of the said First Colonie in Virginia, or having bin +nominated for adventurers in theis or anie our lettres patent or having +bin otherwise admitted and nominated to be of the said Companie, have +nevertheles either not putt in anie adventure [at] all for and towards +the said plantacion or els have refused and neglected, or shall refuse +and neglect, to bringe in his or their adventure by word or writing +promised within sixe monthes after the same shalbe soe payable and due. + +And wheras the failing and nonpaiment of such monies as have bin +promised in adventure for the advanncement of the said plantacion hath +bin often by experience found to be danngerous and prejudiciall to the +same and much to have hindred the progresse and proceeding of the said +plantacion; and for that itt seemeth to us a thing reasonable that such +persons as by their handwriting have engaged themselves for the payment +of their adventures, and afterwards neglecting their faith and promise, +shold be compellable to make good and kepe the same; therefore our will +and pleasure is that in anie suite or suites comenced or to be comenced +in anie of our courts att Westminster, or elswhere, by the said +Treasurer and Companie or otherwise against anie such persons, that our +judges for the time being both in our Court of Channcerie and at the +common lawe doe favour and further the said suits soe farre forth as law +and equitie will in anie wise suffer and permitt. + +And we doe, for us, our heires and successors, further give and grannt +to the said Tresorer and Companie, and their successors for ever, that +theie, the said Tresorer and Companie or the greater part of them for +the time being, so in a full and generall court assembled as aforesaid +shall and maie, from time to time and att all times hereafter, for ever, +ellect, choose and permitt into their Company and society anie person or +persons, as well straungers and aliens borne in anie part beyond the +seas wheresoever, being in amity with us, as our naturall liedge +subjects borne in anie our realmes and dominions; and that all such +persons soe elected, chosen and admitted to be of the said Companie as +aforesaid shall thereuppon be taken, reputed and held and shalbe free +members of the said Companie and shall have, hold and enjoie all and +singuler freedoms, liberties, franchises, priviledges, immunities, +benefitts, profitts and commodities, whatsoever, to the said Companie in +anie sort belonging or apperteining as fully, freely [and] amplie as +anie other adventurer or adventurers now being, or which hereafter att +anie time shalbe, of the said Companie, hath, have, shall, maie, might +or ought to have or enjoy the same to all intents and purposes +whatsoever. + +And we doe further of our speciall grace, certaine knowledge and mere +mocion, for us, our heires and successors, give and grantt to the said +Tresorer and Companie and their successors, for ever by theis present, +that itt shalbe lawfull and free for them and their assignes att all and +everie time and times hereafter, out of anie our realmes and dominions +whatsoever, to take, lead, carry and transport in and into the said +voyage and for and towards the said plantacion of our said First +Collonie in Virginia, all such and soe manie of our loving subjects or +anie other straungers that will become our loving subjects and live +under our allegiance as shall willingly accompanie them in the said +voyage and plantacion; with shipping, armour, weapons, ordinannce, +munition, powder, shott, victualls, and all manner of merchandizes and +wares, and all manner of clothing, implement, furniture, beasts, +cattell, horses, mares, and all other thinges necessarie for the said +plantacion and for their use and defence, and for trade with the people +there and in passing and retourning to and froe, without paying or +yealding anie subsedie, custome or imposicion, either inward or outward, +or anie other dutie to us, our heires or successors, for the same, for +the space of seven yeares from the date of theis present. + +And we doe further, for us, our heires and successors, give and grannt +to the said Treasurer and Companie and their successors for ever, by +theis present, that the said Treasurer of the said Companie, or his +deputie for the time being or anie twoe others of our said Counsell for +the said First Colonie in Virginia for the time being, shall and maie +attall times hereafter and from time to time, have full power and +authoritie to minister and give the oath and oathes of supremacie and +allegiannce, or either of them, to all and every person and persons +which shall, at anie time and times hereafter, goe or passe to the said +Colonie in Virginia: + +And further, that itt shalbe likewise lawfull for the said Tresorer, or +his deputy for the time, or anie twoe others of our said Counsell for +the said First Colonie in Virginia, for the time being, from time to +time and att all times hereafter, to minister such a formall oathe as by +their discrescion shalbe reasonably devised, aswell unto anie person or +persons imployed or to be imployed in, for, or touching the said +plantacion for their honest, faithfull and just dischardge of their +service in all such matters as shalbe committed unto them for the good +and benefitt of the said Company, Colonie and plantacion; as alsoe unto +such other person or persons as the said Treasurer or his deputie, with +twoe others of the said Counsell, shall thinke meete for the examinacion +or clearing of the truith in anie cause whatsoever concerninge the said +plantacion or anie business from thence proceeding or there unto +proceeding or thereunto belonging. + +And, furthermore, whereas we have ben certefied that diverse lewde and +ill disposed persons, both sailors, souldiers, artificers, husbandmen, +laborers, and others, having received wages, apparrell or other +entertainment from the said Company or having contracted and agreed with +the said Companie to goe, to serve, or to be imployed in the said +plantacion of the said First Colonie in Virginia, have afterwards either +withdrawen, hid or concealed themselves, or have refused to goe thither +after they have bin soe entertained and agreed withall; and that divers +and sundry persons allso which have bin sent and imployed in the said +plantacion of the said First Colonie in Virginia at and upon the chardge +of the said Companie, and having there misbehaved themselves by +mutinies, sedition, and other notorious misdemeanors, or having bin +employed or sent abroad by the governor of Virginia or his deputie with +some ship or pinnace for provisions for the said Colonie, or for some +discoverie or other buisines and affaires concerning the same, have from +thence most trecherouslie either come back againe and retorned into our +realme of England by stelth or without licence of our Governor of our +said Colonie in Virginia for the time being, or have bin sent hither as +misdoers and offenders; and that manie allsoe of those persons after +their retourne from thence, having bin questioned by our said Counsell +here for such their misbehaviors and offences, by their insolent and +contemptuous carriage in the presence of our said Counsaile, have shewed +little respect and reverence, either to the place or authoritie in which +we have placed and appointed them; and others, for the colouring of +their lewdnes and misdemeanors committed in Virginia, have endeavored +them by most vile and slanndrous reports made and divulged, aswell of +the cuntrie of Virginia as alsoe of the government and estate of the +said plantacion and Colonie, as much as in them laie, to bring the said +voyage and plantacion into disgrace and contempt; by meanes where of not +only the adventures and planters alreadie ingaged in the said plantacion +have bin exceedingly abused and hindred, and a greate nomber of other +our loving and welldisposed subjects otherwise well affected and +inclyning to joine and adventure insoe noble, Christian and worthie an +action have bin discouraged from the same, but allsoe the utter +overthrow and ruine of the said enterprise hath bin greatlie indanngered +which cannott miscarrie without some dishonor to us and our kingdome; + +Now, for asmuch as it appeareth unto us that theis insolences, +misdemeanors and abuses, not to be tollerated in anie civill government, +have for the most part growne and proceeded inregard of our Counsaile +have not anie direct power and authoritie by anie expresse wordes in our +former lettres patent to correct and chastise such offenders, we +therefore, for the more speedy reformacion of soe greate and enormous +abuses and misdemeanors heretofore practised and committed, and for the +preventing of the like hereafter, doe by theis present for us, our +heires and successors, give and grannt to the said Treasurer and +Companie, and their successors for ever, that itt shall and maie be +lawfull for our said Councell for the said First Colonie in Virginia or +anie twoe of them, whereof the said Tresorer or his deputie for the time +being to be allwaies one, by warrant under their handes to send for, or +cause to be apprehended, all and every such person and persons who +shalbe noted or accused or found, att anie time or times here after, to +offend or misbehave themselves in anie the offences before mencioned and +expressed; and uppon the examinacion of anie such offender or offendors +and just proofe made by oath taken before the Counsaile of anie such +notorious misdemeanors by them committed as aforesaid; and allsoe uppon +anie insolent, contemptuous or unreverent carriage and misbehavior to or +against our said Counsell shewed or used by anie such person or persons +soe called, convented and apearing before them as aforesaid; that in all +such cases theie, our said Counsell or anie twoe of them for the time +being, shall and maie have full power and authoritie either here to +binde them over with good suerties for their good behaviour and further +therein to proceed to all intents and purposes, as itt is used in other +like cases within our realme of England; or ells att their discrescion +to remannd and send back the said offenders or anie of them unto the +said Colonie in Virginia, there to be proceeded against and punished as +the Governor, deputie and Counsell there for the time being shall thinke +meete; or otherwise, according to such lawes and ordinannces as are or +shalbe in use there for the well ordring and good governement of the +said Colonie. + +And, for the more effectuall advanncing of the said plantacion, we doe +further, for us, our heires and successors, of our especiall grace and +favour, by vertue of our prorogative royall and by the assent and +consent of the Lordes and others of our Privie Counsalle, give and +grannte unto the said Tresorer and Companie full power and authoritie, +free leave, libertie and licence to sett forth, errect and publishe one +or more lotterie or lotteries to have continuance and to [endure] and be +held for the space of one whole yeare next after the opening of the +same, and after the end and expiracion of the said terme the said +lotterie or lotteries to continue and be further kept, during our will +and pleasure onely and not otherwise. And yet, nevertheles, we are +contented and pleased, for the good and wellfare of the said plantacion, +that the said Tresorer and Companie shall, for the dispatch and +finishing of the said lotterie or lotteries, have six months warninge +after the said yeare ended before our will and pleasure shall, for and +on that behalfe, be construed, deemed and adjudged to be in anie wise +altered and determined. + +And our further will and pleasure is that the said lottery or lottaries +shall and maie be opened and held within our cittie of London or in anie +other cittie or citties, or ellswheare within this our realme of +England, with such prises, articles, condicions and limitacions as to +them, the said Tresorer and Companie, in their discreascions shall seeme +convenient. + +And that itt shall and may be lawfull to and for the said Tresorer and +Companie to ellect and choose receivors, auditors, surveyors, +comissioners, or anie other officers whatsoever, att their will and +pleasure for the better marshalling and guiding and governing of the +said lottarie or lottaryes; and that itt shalbe likewise lawfull to and +for the said Tresorer and anie twoe of the said Counsell to minister +unto all and everie such persons soe ellected and chosen for officers as +aforesaid one or more oathes for their good behaviour, just and true +dealing in and about the lottarie or lottaries to the intent and purpose +that none of our loving subjects, putting in their monies or otherwise +adventuring in the said generall lotterie or lottaries, maie be in anie +wise defrauded and deceived of their said monies or evill and +indirectlie dealt withall in their said adventures. + +And we further grannt in manner and forme aforesaid, that itt shall and +maie be lawfull to and for the said Treasurer and Companie, under the +scale of our Counsell for the plantacion, to publishe or to cause and +procure to be published by proclamacion or otherwise, the said +proclamacion to be made in their name by vertue of theise present, the +said lottarie or lotteries in all citties, townes, boroughts, +throughfaires and other places within our said realme of England; and we +will and commande all mayors, justices of peace, sheriffs, bayliffs, +constables and other our officers and loving subjects whatsoever, that +in noe wise theie hinder or delaie the progresse and proceeding of the +said lottarie or lottaries but be therein and, touching the premisses, +aiding and assisting by all honest, good and lawfull meanes and +endevours. + +And further our will and pleasure is that in all questions and dobts +that shall arise uppon anie difficultie of construccion or +interpretacion of anie thing conteined in theis or anie other our former +lettres patent the same shalbe taken and interpreted in most ample and +beneficiall manner for the said Tresorer and Companie and their +successors and everie member there of. + +And lastly we doe by theis present retifie and confirme unto the said +Treasorer and Companie, and their successors for ever, all and all +manner of priviledges, franchises, liberties, immunities, preheminences, +profitts and commodities whatsoever grannted unto them in anie our +[former] lettres patent and not in theis present revoked, altered, +channged or abridged. Although expresse mencion [of the true yearly +value or certainty of the premises, or any of them, or of any other gift +or grant, by us or any of our progenitors or predecessors, to the +aforesaid Tresurer and Company heretofore made, in these Presents is not +made; or any statute, act, ordinance, provisions, proclamation, or +restraint, to the contrary thereof heretofore made, ordained, or +provided, or any other matter, cause, or thing, whatsoever, to the +contrary, in any wise, notwithstanding.] + +In witnes whereof [we have caused these our letters to be made patents.] +Wittnes our selfe att Westminster, the twelveth daie of March [1612] [in +the ninth year of our reign of England, France, and Ireland, and of +Scotland the five and fortieth.] + + Per breve de privato sigillo, etc. + +P. R. O. Chancery Patent Rolls (c. 66), 1709; Stith, Appendix, pp. +23-32; Hening, Vol. I, pp. 98-110. + + + + + VIRGINIA COMPANY. INSTRUCTIONS TO + GEORGE YEARDLEY + + (Sometimes called "The Great Charter")[21] + + [Footnote 21: There is no authority in these Instructions + for the Governor to establish a General Assembly. There is, + however, evidence in the Instructions to Wyatt (p. 123) that + a "Commission" was given to Yeardley which granted this + authority.] + + + + +NOVEMBER 18, 1618 + + +The Treasurer and Companie of Adventurers and Planters of the City of +London for the First Colony in Virginia to Captain George Yeardley, +Elect Governor of Virginia, and to the Council of State there being or +to be, greeting: + +Our former cares and endeavours have been chiefly bent to the procuring +and sending people to plant in Virginia so to prepare a way and to lay a +foundation whereon a flourishing state might, in process of time by the +blessing of Almighty God, be raised. Now our trust being that under the +goverment of you, Captain Yeardly, with the advice and assistance of the +said Council of State, such public provisions of corn and cattle will +again be raised as may draw on those multitudes who, in great abundance +from diverse parts of the realm, were preparing to remove thither, if by +the late decay of the said public store their hopes had not been made +frustrate and their minds thereby clene discouraged. We have thought +good to bend our present cares and consultations, according to the +authority granted unto us from His Majesty under his Great Seal, to the +setling there of a laudable form of government by majestracy and just +laws for the happy guiding and governing of the people there inhabiting, +like as we have already done for the well ordering of our courts here +and of our officers and accions for the behoof of that plantation. And +because our intent is to ease all the inhabitants of Virginia forever of +all taxes and public burthens, as much as may be, and to take away all +occasion of oppression and corruption, we have thought fit to begin +(according to the laudable example of the most famous common wealthes +both past and present) to alot and lay out a convenient portion of +public lands for the maintenance and support as well of magistracy and +officers as of other public charges both here and there from time to +time arising. We, therefore, the said Treasurer and Company, upon a +solemn treaty and resolution and with the advice, consent and assent of +His Majesties Council here of Virginia, being assembled in a great and +general Court of the Council and Company of Adventurers for Virginia, +require you, the said Governor and Council of Estate, to put in +execution with all convenient speed a former order of our courts (which +had been commended also to Captain Argal at his making Deputy Governor) +for the laying and seting out by bounds and metes of three thousand +acres of land in the best and most convenient place of the territory of +James town in Virginia and next adjoining to the said town to be the +seat and land of the Governor of Virginia for the time being, and his +successors, and to be called by the name of the Governors Land, which +Governors Land shall be of the freed grounds by the common labor of the +people sent thither at the Companies charges, and of the lands formerly +conquered or purchased of the Paspeheies and of other grounds next +adjoining. In like sort we require you to set and lay out by bounds and +metes other three thousand acres of good land within the territory of +James town which shall be convenient, and in such place or places as in +your discretions you shall find meet; which latter three thousand acres +shall be and so called the Companies Land. And we require you, Captain +Yeardley, that immediately upon your arrival you take unto you the guard +assigned to Captain Argal at his going Deputy Governor, or sithence by +him assumed, to be of your guard [for the better defence][22] of your +Government; and that as well the said guard as also fifty other persons, +now sent and transported with you, you place as tennants on the said +Governors Land and that all other persons heretofore transported at the +common charge of the Company since the coming away of Sir Thomas Dale, +Knight, late Deputy Governor, be placed as tennants on the said +Companies Lands. And we will and ordain that all the said tennants on +the Governors and Companies Lands shall occupy the same to the half part +of the profits of the said lands, so as the one half to be and belong to +the said tennants themselves and the other half respectively to the said +Governor and to us, the said Treasurer and Company and our successors. +And we further will and ordain that of the half profits arising out of +the said Companies Lands and belonging to us, the said Treasurer and +Company, the one moiety be imploied for the entertainment of the said +Councel of Estate there residing and of other public officers of the +general Colony and plantation (besides the Governor), according to the +proportion as hereafter we shall express and in the mean time as you in +your discretions shall think meet. And the other moiety be carefully +gathered, kept and shipped for England for the public use of us, the +said Treasurer and Company and our successors. And we will and ordain +that, out of the half profits of the said Companies Lands to us +belonging, one fifth part be deducted and alotted for the wages of the +bailiffs and other officers which shall have the oversight and goverment +of the said tenants and lands, and the dividing, gathering, keeping or +shiping of the particular moiety of the profits belonging either to the +said Council and officer there or to us, the said Treasurer and Company +and our successors, as aforesaid. Provided alwaies, that out of the said +Companies Land a sufficient part be exempted and reserved for the +securing and wintering of all sorts of cattle which are or shall be the +public stock and store of the said Company. And forasmuch as our intent +is to establish one equal [blank of several lines][23] plantations, +whereof we shall speak afterwards, be reduced into four cities or +burroughs, namely: the cheif city called James town, Charles City, +Henrico, and the Burrough of Kiccowtan. And that in all these foresaid +cities or burroughs and ancient adventurers and planters which [were] +transported thither, with intent to inhabit at their own costs and +charges, before the coming away of Sir Thomas Dale, Knight, and have so +continued during the space of three years, shall have upon a first +division, to be afterward by us augmented, one hundred acres of land for +their personal adventure and as much for every single share of twelve +pound ten shillings paid [for such share], allotted and set out to be +held by them, their heirs and assigns, forever. And that for all such +planters as were brought thither at the Companies charge to inhabit +there, before the coming away of the said Sir Thomas Dale, after the +time of their service to the Company on the common Land agreed shall be +expired, there be set out one hundred acres of land for each of their +personal adventurers to be held by them, their heirs and assigns, for +ever; paying for every fifty acres the yearly free rent of one shilling +to the said Treasurer and Company and their successors, at one entire +payment on the feast day of St Michael the Archangel, for ever. And in +regard that by the singular industry and virtue of the said Sir Thomas +Dale the former difficulties and dangers were in greatest part overcome +to the great ease and security of such as have been since that time +transported thither, we do, therefore, hereby ordain that all such +persons as sithence the coming away of the said Sir Thomas Dale have at +their own charges been transported thither to inhabit, and so continued +as aforesaid, there be allotted and set out upon a first division fifty +acres of land to them and their heirs, for ever, for their personal +adventure, paying a free rent of one shilling yearly in manner +aforesaid. + + [Footnote 22: Editorial insertion by Kingsbury.] + + [Footnote 23: Editorial note by Kingsbury.] + +And that all persons which since the going away of the said Sir Thomas +Dale have been transported thither at the Companies charges, or which +hereafter shall be so transported, be placed as tenants on the Companies +lands for term of seven years, occupy the same to the half part of the +profits as is abovesaid. We therefore will and ordain that other three +thousand acres of land be set out in the fields and territory of Charles +City; and other three thousand acres of land in the fields and +territories of Henrico; and other three thousand acres of land in the +fields and territory of Kiccowtan, all which to be and be called the +Companies Lands and to be occupied by the Companies tenants for half +profits as afore said. And that the profits belonging to the Company be +disposed by their several moieties in the same manner as before set down +touching the Companies lands in the territory of James Town with like +allowance to the bailies and reservation of ground for the common store +of cattle in those several places, as is there set down. And our will is +that such of the Companies tenants as already inhabite in those several +cities or burroughs be not removed to any other city or burrough but +placed on the Companies Lands belonging to those cities or burroughs +where they now inhabite; provided alwaies, that if any private person, +without fraud or injurious intent to the public at his own charges, have +freed any of the said lands formerly appointed to the Governor, he may +continue and inhabite there till a valuable recompence be made him for +his said charges. And we do hereby ordain that the Governors house in +James town, first built by Sir Thomas Gates, Knight, at the charges and +by the servants of the Company, and since enlarged by others by the very +same means, be and continue for ever the Governors house, any pretended +undue grant made by misinformation and not in a general and quarter +court to the contrary in anywise notwithstanding. And to the intent that +godly, learned and painful ministers may be placed there for the service +of Almighty God & for the spiritual benefit and comfort of the people, +we further will and ordain that in every of those cities or burroughs +the several quantity of one hundred acres of land be set out in quality +of glebe land toward the maintenance of the several ministers of the +parishes to be there limited; and for a further supply of their +maintenance there be raised a yearly standing and certain contribution +out of the profits growing or renuing within the several farmes of the +said parish; and so as to make the living of every minister, two hundred +pounds sterling per annum or more as hereafter there shall be cause. And +for a further ease to the inhabitants of all taxes and contributions for +the support and entertainment of the particular magistrates and officers +and of other charges to the said citys and burroughs, respectively +belonging, we likewise will and ordain that within the precincts or +territories of the said cities and burroughs shall be set out and +alotted the several quantities of fifteen hundred acres of land to be +the common land of the said citie or burrough, for the uses aforesaid, +and to be known and called by the name of the Cities or Burroughs Land. +And whereas, by a special grant and licence from His Majesty, a general +contribution over this realm hath been made for the building and +planting of a college for the training up of the children of those +infidels in true religion, moral virtue and civility, and for other +godly uses, we do, therefore, according to a former grant and order, +hereby ratifie, confirm and ordain that a convenient place be chosen and +set out for the planting of a university at the said Henrico in time to +come and that in the mean time preparation be there made for the +building of the said college for the children of the infidels, according +to such instructions as we shall deliver; and we will and ordain that +ten thousand acres, partly of the lands they impaled and partly of other +land within the territory of the said Henrico, be alotted and set out +for the endowing of the said university and college with convenient +possessions. Whereas also we have heretofore, by order of court in +consideration of the long, good and faithful service done by you, +Captain George Yeardley, in our said Colony and plantation of Virginia, +and in reward there of as also in regard of two single shares in money +paid into our treasury, granted unto you, the said Captain Yeardley, all +that parcel of marsh ground called Weynock and also one other peice and +percel of land adjoining to the same marsh called by the Natives +_Konwan_, one parcel whereof abutteth upon a creek there called Mapscock +towards the east, and the other parcel thereof towards a creek there +called Queens Creek on the west and extendeth in breadth to landward +from the head of the said creek called Mapscock up to the head of the +said creek called Queens Creek (which creek called Queens Creek is +opposite to that point there which is now called the Tobacco point and +abutteth south upon the River and north to the Landward), all which +several lands are or shall be henceforward accounted to be lying within +the territory of the said Charles City and exceed not the quantity of +two thousand and two hundred acres, we therefore, the said Treasurer and +Company, do hereby again grant, ratifie and confirm unto you, the said +Captain George Yeardley, the said several grounds and lands; to have and +to hold the said grounds and lands to you, the said Captain George +Yeardley, your heirs and assigns, for ever. And for the better +encouragement of all sorts of necessary and laudable trades to be set up +and exercised within the said four cities burroughs, we do hereby ordain +that if any artizans or trademen shall be desirous rather to follow his +particular art or trade then to be imploied in husbandry or other rural +business, it shall be lawful for you, the said Governor and Councel, to +alot and set out within any of the precincts aforesaid one dwelling +house with four acres of land adjoining and held in fee simple to every +said tradsman, his heirs and assigns for ever, upon condition that the +said tradesman, his heirs and assigns do continue and exercise his trade +in the said house paying only a free rent of four pence by the year to +us, the said Treasurer and Company and our successors, at the feast of +St Michael the Archangel, for ever. And touching all other particular +plantations set out or like to be set out in convenient multitudes, +either by divers of the ancient adventurers associating themselves +together (as the Society of Smiths Hundred and Martins Hundred) or by +some ancient adventurer or planter associating others unto him (as the +plantation of Captain Samuel Argall and Captain John Martin and that by +the late Lord La Warre advanced) or by some new adventurers joining +themselves under one head (as the plantation of Christopher Lawne, +Gentleman, and others now in providing), our intent being according to +the rules of justice and good government to alot unto every one his due +yet so as neither to breed disturbance to the right of others nor to +interrupt the good form of government intended for the benefit of the +people and strength of the Colony; we do therefore will and ordain that +of the said particular plantations none be placed within five miles of +the said former cities and boroughs, and that if any man, out of his own +presumption or pleasure without special direction from us, hath +heretofore done otherwise a convenient time be assigned him and then by +your discretions to remove to some farther place by themselves, to be +chosen with the allowance and assent of the Governor for the time being +and the Council of Estate; and that the inhabitants of the said city or +burrough too near unto which he or they were placed make him and them a +valuable recompense for their charges and expence of time in freeing of +grounds and building within those precincts; in like sort, we ordain +that no latter particular plantation shall at any time hereafter be +seated within ten miles of a former; we also will and ordain that no +particular plantation be or shall be placed straglingly in divers places +to the weakening of them, but be united together in one seat and +territory that so also they may be incorporated by us into one body +corporate and live under equal and like law and orders with the rest of +the Colony; we will and ordain also for the preventing of all fraud in +abusing of our grants, contrary to the intent and just meaning of them, +that all such person or persons as have procured or hereafter shall +procure grants from us in general words unto themselves and their +associates or to like effect shall within one year after the date hereof +deliver up to us in writing, under their hands and seals, as also unto +you, the said Governor and Councel, what be or were the names of those +their first associates; and if they be of the adventurers of us, the +Company which have paid into our treasury money for their shares, that +then they express in that their writing for how many shares they join in +the said particular plantation, to the end a due proportion of land may +be set out unto them and we the said Treasurer and Company be not +defrauded of our due; and if they be not of the adventurers of the +Company which have paid into our treasury money for their shares, yet +are gone to inhabit there and so continue for three years, there be +allotted and set out fifty acres of land for every such person paying a +free rent of twelve pence the year, in manner aforesaid, and all such +persons having been planted there since the coming away of Sir Thomas +Dale; and forasmuch as we understand that certain persons, having +procured such grants in general words to themselves and their associates +or to like effect, have corruptly of late endeavoured for gain and worse +respects to draw many of the ancient planters of the said four cities or +burroughs to take grants also of them and thereby to become associated +unto them with intent also by such means to overstrengthen their party; +and thereupon have adventured on divers enormous courses tending to the +great hurt and hindrance of the Colony; yea, and have also made grants +of like association to masters of ships and mariners never intending +there to inhabit, thereby to defraud His Majesty of the customs due unto +him; we, to remedy and prevent such unlawful and greedy courses tending +also directly to faction and sedition, do hereby ordain that it shall +not be lawful for the grantees of such grants to associate to any other +unto them then such as were their associates from the first time of the +said grants, without express licence of us, the said Treasurer and +Company, in a great general and quarter court under our seal obtained; +and that all such after or under grants of association made or to be +made by the said grantees shall be to all intents and purposes utterly +void. And for as much as we understand that divers particular persons +(not members of our Company), with their companies, have provided or are +in providing to remove into Virginia with intent (as appeareth) by way +of association to shroud themselves under the general grants last +aforesaid, which may tend to the great disorder of our Colony and +hinderance of the good government which we desire to establish, we do +therefore hereby ordain that all such persons as of their own voluntary +will and authority shall remove into Virginia, without any grant from us +in a great general and quarter court in writing under our seal, shall be +deemed (as they are) to be occupiers of our land, that is to say, of the +common lands of us, the said Treasurer and Company; and shall yearly pay +unto us for the said occupying of our land one full fourth part of the +profits thereof till such time as the same shall be granted unto them by +us in manner aforesaid, and touching all such as being members of our +Company and adventurers by their monies paid into our treasury, shall +either in their own person or by their agents, tennants or servants set +up in Virginia any such particular plantation, tho with the privity of +us, the said Treasurer and Company, yet without any grant in writing +made in our said general quarter courts as is requisite, we will and +ordain that the said adventurers or planters shall, within two year +after the arrival of them or their company in Virginia, procure our +grant in writing to be made, in our general quarter court and under our +seal, of the lands by them possessed or occupied, or from thenceforth +shall be deemed only occupiers of the common land, as is aforesaid, till +such times as our said grant shall be obtained. We also not more +intending the reformation of the errors of the said [24] than for +advancing of them into good courses and therein to assist them by all +good means, we further hereby ordain that to all such of the said +particular [24] as shall truly fully observe the orders afore and +hereafter specified there be alotted and set out, over and above our +former grants, one hundred acres of glebe land for the Minister of every +[24] and fifteen hundred acres of burough land for the public use of the +said plantation; not intending yet hereby either to abridge or enlarge +such grant of glebe or common land as shall be made in any of our grants +in writing to any of the said particular plantations; we also will and +ordain that the like proportion of maintenance out of the [24] and +profits of the earth be made for the several ministers of the said +particular plantations as have been before set down for the Ministers of +the said former cities and burroughs; we will and ordain that the +Governor for the time being and the said Council of Estate do justly +perform or cause to be performed all such grants, covenants and articles +as have or shall be in writing in our great and general quarter courts +to any of the said particular plantations, declaring all other grants of +lands in Virginia, not made in one of our great and general quarter +courts, by force of His Majesties letters patents to be void. And to the +end aforesaid we will and ordain that all our grants in writing under +our seal, made in our great and general quarter courts, be entered into +your records to be kept there in Virginia; yet directly forbiding that a +charter of land granted to Captain Samuel Argal and his associates, +bearing date the twentieth of March, 1616, be entered in your records or +otherwise at all respected, forasmuch as the same was obtained by slight +and cunning; and afterwards upon suffering him to go Governor of +Virginia was by his own voluntary act left in our custody to be +cancelled upon grant of a new charter which [24] We do also hereby +declare that heretofore in one of our said general and quarter courts we +have ordained and enacted and in this present court have ratified and +confirmed these orders and laws following: that all grants of lands, +privileges and liberties in Virginia hereafter to be made, be passed by +indenture, a counterpart whereof to be sealed by the grantees and to be +kept [25] the Companies [25] evidences; and that the Secretary of +the Company have the engrossing of all such indentures; that no patents +or indentures of grants of land in Virginia be made and sealed but in a +full, general and quarter court, the same having been first thoroughly +perused and approved under the hands of a select committee for that +purpose [25] that all grants of [25] in Virginia to such +adventurers as have heretofore brought in their money here to the +treasury for their several shares, being of twelve pounds ten shillings +the share, be of one hundred acres the share upon the first division and +of as many more upon a second division, when the land of the first +division shall be sufficiently peopled; and for every person which they +shall transport thither within seven years after Midsummer Day, one +thousand six hundred and eighteen, if he continue there three years or +dye in the mean time after he is shiped it be of fifty acres the person +upon the first division and fifty more upon a second division, the land +of the first being sufficiently peopled, without paying any rent to the +Company for the one or the other; and that in all such grants the names +of the said adventurers and the several number of each of their shares +be expressed; provided alwaies, and it is ordained, that if the said +adventurers or any of them do not truly and effectually, with one year +next after the sealing of the said grant, pay and discharge all such +sums of money wherein by subscription (or otherwise upon notice thereof +given from the auditors) they stand indebted to the Company, or if the +said adventurers, or any of them having not lawful right, either by +purchase from the Company or by assignment from some other former +adventurers, within one year after the said grant or by special gift of +the Company upon merit preceding in a full quarter court, to so many +shares as he or they pretend, do not within one year after the said +grant, satisfie and pay to the said Treasurer and Company for every +share so wanting after the rate of twelve pounds ten shillings the +share, that then the said grant for so much as concerneth the [25] +part and all the shares of the said person so behind and not satisfying +as aforesaid shall be utterly void; provided also, and it is ordained, +that the grantees shall from time to time during the said seven years +make a true certificate to the said Treasurer, Councel and Company from +the chief officer or officers of the places respectively, of the number, +names, ages, sex, trades and conditions of every such person so +transported or shiped, to be entered by the Secretary into a register +book for that purpose to be made; that for all persons not comprised in +the order next before which during the next seven years after Midsummer +day, 1618, shall go into Virginia with intent there to inhabite, if they +continue there three years or dye after they are shiped there shall be a +grant made of fifty acres for every person upon a first division and as +many more upon a second division (the first being peopled), which grants +to be made respectively to such persons and their heirs at whose charges +the said persons going to inhabite in Virginia shall be transported with +reservation of twelve pence yearly rent for every fifty acres to be +answered to the said Treasurer and Company and their successors for +ever, after the first seven years of every such grant; in which grants a +provisoe to be inserted that the grantees shall from time to time during +the said seven years make a true certificate to the said Treasurer, +Councel and Company, from the chief officer or officers of places +respectively, of the number, names, ages, sex, trades and conditions of +every such person so transported or shiped, to be entred by the +Secretary into a register book for that purpose to be made; that all +grants as well of one sort as the other respectively be made with equal +favours, and grants of like liberties and immunities as near as may be +to the end that all complaint of partiality [or] differencie may be +prevented. All which said orders we hereby will and ordain to be firmly +and unvoilably kept and observed and that the inhabitants of Virginia +have notice of them for their use and benefit. Lastly, we do hereby +require and authorize you, the said Captain George Yeardley and the said +Council of Etats, associating with you such other as you shall there +find meet, to survey or cause to be survey'd all the lands and +territories in Virginia above mentioned and the same to set out by +bounds and metes, especially so as that the territories of the said +several cities and buroughs and other particular plantations may be +conveniently divided and known the one from the other; each survey to be +set down distinctly in writing and returned to us under your hands and +seals. In witness whereof we have hereunto set our common seal, given in +a great and general court of the Council and Company of Adventurers of +Virginia held the eighteenth day of November, 1618; and in the years of +the reign of our soverain Lord James, by the grace of God, King of +England, Scotland, France and Ireland, Defender of the Faith, &c., Vizt. +of England, France and Ireland the sixteenth and of Scotland the two and +fiftieth. Novr. 18, 1618. + +Kingsbury, Vol. III, pp. 98-109. + + [Footnote 24: Blank space.] + + [Footnote 25: Blank space.] + + + + + VIRGINIA COMPANY. INSTRUCTIONS TO + THE GOVERNOR AND COUNCIL OF STATE + IN VIRGINIA + + + + +JULY 24, 1621 + + +Instructions to the Governor for the time being and Counsell of State in +Virginia: + +1. First wee requier you in gennerall take into spetiall regard and +estimation the service of Almightie God and observance of his divine +lawes and that the people in Virginia bee trained up in true religion, +god lives and vertue, that ther example may be a meanes to winn the +infidells to God: wherin wee pray you especiallie to have in daly +rememberance that the patterne which you shall give in your owne persons +& in your families wilbee of singular and chief moment whatt may soever +itt shall propend. And since our gennerall endeavours and designes have +nott yett effected a due establishment of the honor and rights +belonginge to the Church and ministerie, wee must requier your most +earnest care to advance all things appertayninge thereunto, seriously +endeavoring the establishment of due order in administringe of all +services according to the usuall forme and discipline of the Church of +England and carefullie avoidinge all factious and needlesse novelties +tending onlie to the disturbance of peace and unitie; and that such +ministers as have been or shalbe sent from time to time may bee +respected and mainteined according to the orders made in that behalfe, +also for accomodatinge the churches or places for divine service. + +2. Wee praie you likewise take care, that the people now ther or +hereafter inhabitinge bee kept in due obedience to His Majestie and that +they all take the oaths of supremacie and allegiance; and that you +provide that justice bee equallie administered to all His Majesties +subjects ther resideing, and as neare as may be after the forme of this +realme of England, wherin you are to have a vigilant care to prevent +corruption amongst your inferior officers tending to the perverting or +delaying of justice; wee praie you also to have espetiall care that no +injurie or oppresion bee wrought by the English against any of the +natives of that countrie wherby the present peace may be disturbed and +ancient quarrells (now buried) might be revived; provided, nevertheles, +that the honor of our nation and safety of our people bee still +preserved and all maner of insolence committed by the natives be +severely and sharpelie punished. + +3. Item: that you cause our people to applie themselves to an +industrious course of life in followeinge ther buissinesies, each in the +several degre and proffession, and that no man bee suffered to live +idly, the example wherof might prove pernicious to the rest; in +perticular that you bee carefull now in the begining to suppresse too +much gaming and above all things that odious vice of drunkenes; and that +all kinde of riott both in apparrell & otherwise bee eschewed; and that +an edict bee speedily published that no person residing in Virginia +(excepting those of the Counsill and heads of hundreds and plantations, +ther wives & chilldren) shall weare any gold in ther clothes or any +apparrell of silke, untill such time they have itt of the silke ther +made by silkewormes & raised by ther owne industry. + +4. Item: that you use good prudence that no just cause of offence bee +given to any other prince, state or people which are in league or amitie +with His Majestie; and that no captaine or other of our Colonie under +pretence of trade to the coast of the West Indies bee suffred to saile +out with anie vessell ther to robb & spoile wherby to provoke any other +nation against us; and that no piratts have cause by ... accesse to +retier with ther purchasses to the coast of Virginia, but that they be +severlie punnished & ther goods confiscated: for the preventing of +which, as alsoe for securing your selves against all forraigne ennimies, +wee require your serious considerations for the speedie errecting of +fortresses or blockhouses at the mouth of the river as also for all +other manner of needfull fortifications in all places, and to the +effecting hereof wee requirer you, as well private persons as hundreds +and corporations, bee ratablie proportioned to the performance of +certaine dayes worke by the yeare. + +5. Item: that the best meanes bee used to draw the better disposed of +the natives to converse with our people and labor amongst them with +convenient reward that therby they may growe to a likeing and love of +civility and finallie bee brought to the knowledge and love of God and +true religion, which may prove also of great strength to our people +against the savages or other invadors, whatsoever; and they may bee fitt +instruments to assist afterwards in the more gennerall conversion of the +heathen people which wee somuch desier. + +6. Item: that for the laying of the surer foundation for the said +conversion, that each towne, cittie, burrough and other particular +plantation bee procured to obtaine to themselves by just meanes a +certaine number of the chilldren of the natives to be educated by them +in true religion and a civill course of life; of which chilldren the +most towardlie boyes in will and graces of nature to bee brought up by +them in the first elements of literature so to bee fitted for the +colledge, in the fabricke whereof we purpose to proceed assoone as any +proffit returned from the tenantes shall enhable us; and doe therfore +verie ernestlie requier your uttermost helps aswell for the improveinge +of ther labors, as for the true account and returne of the proffitts +already due, that so that busines of the colledge may goe forward with +which wee doubt not a particular blessing of God will goe a long uppon +the Collony ther as wee are assured the love of all good men here to the +plantation will therby be encreased. + +7. Item: that imediatlie after the gatheringe in of the present yeares +cropp by Sir George Yeardlie, wee requier that the land belonging to the +place of Governor bee resigned to Sir Francis Wyate and that ther bee +delivered to him by Sir George Yeardly the hundred tenants well +furnished which wee sent him for the place; and if ther bee any of them +wanting, Sir George Yeardly is out of his private to make good the full +nomber of a hundred, which wee hope hee will gladlie doe, remembringe +our courtesie in the addition of thirtie able persons sent him the +former springe to supplie those that wee understood through mortallitie +had failed; as also our refusing to accept of his offer to depart +[part?] with all the proffitt by the Governors land or tenants, onlie +exspecting his care to cultivate well that land and to uphold that +nomber of a hundred tenants for the place. + +8. Item: imediatelie upon the expiracion of Sir George Yeardlys +goverment on the eighteenth of November next, you shall admitt Sir +Francis Wiats commission to bee read, whom accordinglie you shall +receave and publish Governor and Captaine Generall, yealding unto his +person and place all our respect, honor and observance. + +9. Item: the comission for establishing of the Counsell you shall +publish uppon the deliverie therof and as speedylie as convenientlie you +may to administer the oath of Counsellors unto the severall persons +therin named. + +10. And forasmuch as ther hath ben in theise late yeares great fault or +defect in nott putting in execucion our orders of court and Counsell for +the setting upp & upholdinge those staple comodities which are +necessarie for the subsisting and encrease of the plantation, which hath +happned in part by the our chargeing the Governor with toe much +buissnes, wee have uppon espetiall approvement of the industry and +sufficiency of George Sandis, Esqr., as also for his faithfulnes and +plenarie intelligence of our intendments and counsells here (wherunto +hee hath from time to time bein privie, not only elected and athorised +him to bee Treasurer in Virginia, butt also committed to his spetiall +and extreordinarie care the execution of all our orders, charters and +instructions tending to the setting upp, encrease and maintaininge of +the said staple comodities); wee, therefore, requier you that upon all +such occationes wherin the said master ... shall have occation to bee +employed, you give him all such countenance, help and power in the +execution therof as you would doe to the Governor himselfe if hee were +personallie present; and that provition bee made for convenient +transporting him from place upon all those occations; we have by order +of our quarter court bearing date the second day of May last, allotted +unto the place of Treasuror fifteen hundred acres of land and fifty +tenants wherof twenty five are now sent and twenty five more are to bee +sent the next Spring; to the place of Marshall (wherunto wee have chosen +Sir William Neuce) wee have likewise allotted fifteene hundred acres of +land and fifty tenantes now provided and furnished and deliverid to the +said Sir William Newce to bee transported this present somer; to the +place of the Companies Deputie (wherunto wee have formerlie allotted +twelve hundred acres and forty men) wee have added three hundred acres +of land and tenn tenants more to bee sent the next springe; to the +phisitions place wee have allotted twenty tenantes sent last spring and +five hundred acres of land; to the Secretarie, five hundred acres of +land and twenty tenantes sent out the last springe; for the accomateinge +of which severall persons in ther places & offices in the best manner +according to our promises, furtherance that in you lieth. + +11. Item: wee pray you likewise with convenient speed to reveive the +commissiones formerlie directed to Sir George Yeardly, then Governor, +and to the Counsell of State ther beareinge date the 18 of November, +1618, conteining the lawes & orders for dividing the citties and +burroughs with ther land and people, and sondrie other particularities +for the well settling of that State. And haveing sent you coppies of all +such instructions, letters, charters & directions as have here before +been sent from time to time, wee pray you to peruse them all and what +soever you shall find not contrarie to any of theise instructions and +requisite for the behouf of Collonie ther or of the Companie here, wee +wish you to observe itt as though the same were here particularly +inserted. Also all orders of courtes that shall bee certified uppon +peticions or otherwise, under the attest of our Secretaries hand +referred unto the Governor or Counsell ther, wee pray you see that a due +course bee taken accordinglie to doe the partie whome it shall concerne +right and justice, no lesse then if they had been particularly here by +name commended unto you. + +12. Item: that the captaines and heades of everie particular plantation +or hundreds, as likewise everie cheif officer that hath people under his +charge, deliver severall catalogues at one of the fower quarter sessions +of the Counsell yearly as well of the severall names, conditions and +qualities of those that bee liveing, as also of those that bee dead, and +likewise of the mariages and christnings hapninge with that place; and +that the personall goods and estate of the partie deceased bee +carefullie keptt & reserved to the rightt owners therof; and lastlie +that a list bee kept of the nomber of all sorts of cattell in each +particular burrough or plantation; and that you cause the Secretarie +once everie yeare to returne us hether a perfect coppie of all the +premisses. + +13. Item: that whereas the principall hope of the plantacion dependes +much on the prosperity of particular Colonies or hundreds, itt wilbe +verie necessarie that in case of the death or other misaccidents of the +chief heads of those Colonies, you take into your carefull regaurd the +conservation of the bodie and sinews of that plantation united, +preserving the remaines by the best meanes that either industry or +charity can effect. + +14. Item: that according to His Majesties gratious advise and the desire +& expectacion of the whole state here, you draw the people from the +excessive planting of tobacco and that, according to a late order of +court in that behalfe made the thirteenth of June last, you suffer them +not to plaint in one yeare alone one hundred waight tobacco the head, +that is the person; and that you do provide by some generall course to +bee held amongst them that they apply themselves to the soweing and +planting of corne in good plentie that ther may bee alwaies a large +proportion not onlie for their owne use, but store also for such as in +great multitudes wee hope yearly to send; likewise by the same generall +course to cause the generall inhabitants and households to enclose by +pale & strong fences some fitting portion of our land for the keping of +cowes, tame swine and poultrie; and for the making all due provitiones +for the encrease & preservation of the bread of all sorts of cattle, and +in particular kine, wherof wee thinke itt most unfitt that any should +bee as yett killed and requier your vigilent care for the inhibiting +thereof. + +15. Item: after corne, wee comend unto your care the matter of silke +which his Majesty heretofore espetially to commended unto us and out of +his owne store hath moste gratiouslie been pleased often to furnish our +Company with seed: in supply of which more hath bin since sent and a +greater quantitie shall likewise followe hereafter as soone as itt shall +come to our hands. Wee requier therfore that you cause in everie +particular plantation great nomber of mulbery trees to bee plainted +neare ther dwellings, and such as are already groweing to bee preserved +for planting, of which many excellent bookes have binn already sent in +December last, unto which wee referr you for your better direction +therin, as also to divers French and other experienced men, late sent & +procured at extraordinarie charge, of whose generall subsistence wee +expect your assidious care. + +16. Item: silke grasse, being a comoditie of spetiall hope and much use, +not with standing through negligence and want of experience, it hath +lately been declared to bee full of difficullty and hazard both in +groweing and curing, yett we doe especially recomend unto your care and +that you direct some good way to bring it to perfection by experimenting +the soiles, the seasons and true maner of cultivating of itt, being +confident that that which growes so naturally in those parts will much +more by art and industry bee at lenght brought to perfection, and being +many wayes so usefull will bring great honor an [and?] proffitt unto the +action. + +17. Item: wee doe also especially recommend unto you the planting of +vines in aboundance and that the vignerons sent with so great charge to +the Company bee fairely & carefullie provided for. + +18. Item: wee requier also that all sorts of artsmen be employed in ther +severall trades and that store of aprentizes bee placed & held to learne +ther occupations, especially those that are most usefull or most +comodious; and that you duely consider the quallities and trades of all +those people sent over for the Companies or any of the Collonies servis +& that you cause them to bee held to ther trades and occupations wherin +ther are like to deserve & win most bennifitt; and not to suffer them to +forsake ther former occupacions for planting tobacco or such uselesse +comodities. And here wee earnestly commend unto your care the Dutchemen +sent for the erecting of sawing mills, a worke most necessarie since the +materialls for howsing and shipping can not otherwise without much more +troble, paines and charge bee provided; & although wee have received +some notice that fitting places for ther works and not ther easilie +found out, yett wee hope that dillegence fitting to bee used in a case +of so generall benifitt hath discoverid how to make use of ther skills +by this time. Nor doe wee here apprehend any difficullty of finding +accomodation for that purpose about the falls or towards the heads of +some river or brookes by the station, wherof timber may be brought unto +them verie easili and by the current of the river the plankes or boords +sawen may bee transported for the generall use of all or the greatest +part of our people. + +19. Item: that your corne mills bee presentlie erected and pupliqe +bakehowses in everie burrough bee built with all speed and dilligence. + +20. Item: that all apparent or proved contracts made in England or in +Virginia betweene the owners of land in Virginia and ther tenants or +servants be truly performed and the breach of them reformed by due +punishment as justice shall requier. + +21. Item: that you suffer no crafty or advantageous meanes to bee used +to entice a way the tenants or servants of any particular plantacion +from the place they are ... ceited and that all offenders herein bee +severlie punished and the partie drawne away bee returned to ther former +place. + +[22]. Wee commend unto your especiall regard the providing for such +persons as have already bin sent or are now or shall be hereafter +entertained for the erecting of iron works; that all possible meanes bee +used for ther encouradgment & for the performing of generall contracts +here made with the Company wherby justice unto them and profitt to the +plantation may arise. And whereas Mr. John Berkly hath bin approved unto +us here by extreordinary recommendations to bee industrious and +intelligent gentleman many ways, butt espetially for iron works, wee +desier hee & his company may bee cherished by you and supported by the +helpe of the whole Colonie if need shall requier, therby to enhable him +to perfect that worke wherupon the Company have already expended great +somes of money & itt is a com[modity] so necessarie as few other are to +bee valewed in comparrison therof. Upon the successe therof also, mens +eyes are generally fixed & therfore if itt should now (as by former +misaccident or negligence) fall to the ground, ther were little hope +that ever they would bee revived againe; and whereas wee have bin so +circomspect as to contraict with many masters severally for the erecting +of the said works, wherby wee hoped though some miscarried or failled +others should have proceeded; if by want of workes or necessarie +materialls the said masters cannot for present bee seatted or enjoy the +conditions of ther contraicts, wee thinke fitt you should accomodate +them according to ther several habillities in some secondarie or +subordinarie places of assistance to Mr. Berkly, or when another worke +may be advanced to worke them over that, according (as neere as may bee) +to ther contraictes made here with the Company, wherby this worke of so +great consequence & generall expectacion, infinitt com[modity] & +unspeakeable benifitt to the plantacion may bee dilligentlie prosecuted +& upheld. + +23. Item: salt, pich and tarr, soape ashes, &c., often recommended and +sett up, and for which fittinge men & matterialles have been sent to the +great charge of the Company and yett daylie complaints come to us of the +want of them, wee desier you will now prosecute and further with all +dilligence & care. + +24. Item: your makeing of oile of wallnuts, your employing your +apothecaries in distilling of hott waters out of your lees of beere and +searching after minierall dyes, gummes, druggs, and the like things, wee +desier you not to forgett and good quanteties of all sorts to send us by +all shipps. + +25. Item: since wee have conceaved itt most fitting to ordaine that a +small quantety of tobacco shall bee plainted or cherished in Virginia, +wee hold itt verie necessarie to use all possible care that the +proporcion limmitted may bee improved in goodnes as much as may bee; and +therefore that some good order bee taken to see itt well cured and duely +ordred that bringing itt into request may cause any certaine benifitt to +the planters. + +26. Item: that due proceeding bee used in the erection of those howses +appointed for lodgeing of new men upon ther landing, according to former +directions; and that from time to time a course bee taken for ther +repaire, cleane & neat; keeping likewise, for comon store, howses in +convenient places as well for other needs necessary provitions, as upper +roomes for conservation of a proportion of gounpouder ready for use. + +27. Item: whereas wee have many times found losse & interuption in our +buissines through want of frequent relacion from Virginia, wee therefore +requier you att least to make a quarterly dispatch unto us, the +duplicate wherof to bee duely sentt by the next oppertunitie of shipping +after. + +28. Item: whereas Capt. William Norton and certaine Itallians, now by +the general Company and other worthy minded adventures att a verie great +charge, sent for the erecting of a glasse furnace in Virginia, wee +hartilie desire you to afford them all favor possible. And in particular +that the guesthowses built by Leftenant Whitakers bee allowed them for +ther habitacion till they may convenientlie provide themselves of ther +owne; and that all orders given them from hence bee exactlie putt in +execucion. + +29. Item: a gentleman's great dilligence in our affaires, accompaned +with extreordinarie capacity and judgement, haveing proceeded the +treatise of the buissnes belonging to the plantacion, approved by us to +bee full of exellent observances for those that are emmenly employd in +Virginia, as well for us here, wee sent a coppy to ly amongst the +records of your Counsell from whence, from the often veiw of former +passadgs, wee wish every Counsellor may make permanent instructions, and +no doubt much helps and furtherance may bee produced in most occasiones +for the advancement of the plantacion. + +30. Item: that ther be espetiall care taken both of generall and +particular survaies wherby not onlie a true mapp and face of the whole +country, costs, creeks, rivers, highe ground & lowe ground, &c., may bee +exactlie discoverid, but also the boundaries of the severall hundreds +and plantacions, with the perticuler directions in them bee perfectlie +sett forth from time to time, mainetained to prevent therby future +differences that arise upon questions of possestion, wherin also itt may +be fitting and moste usefull to posteritie to cast an imaginarie eye and +view, wher and which way the grand highewayes may bee like to strike and +passe through the dominions; in which course the hard mountaines, the +fords, the places for bridges, &c., may nott unfittlie bee considered; +for performance of all which the premises (and for the better +sattisfaction) of the planters, whoe have so often required ther lands +may bee devided and bounded, wee have now sent and furnished out Mr. +William Cleyburne, gentleman, recomended unto us as very [fitt] in the +art of surveying. + +31. Item: the oppressing and imoderate fees heretofore exacted in +Virginia by divers officers in valuacion of ther paines & travell for +the Colonies service have partlie occationed the settling a competent +revenue to arrise therby tenants to everie cheif officer; wee now +forbidd that officer so provided for, or otherwise by allotted parts out +of the common profitt recompenced, doe take any other fees for execution +of ther severall places either directly or indirectly; neverthelesse, +that clarks & such like may have a reward for ther dilligence, wee +require you by order to sett downe some small proportion for passes, +warrants, copies of orders, seales, &c., or proportionably to the merits +of servants paines and attendance. + +32. Item: the Governor & Counsell assembled within a short time after +the arivall of this shipp are to sett downe the fittest months after +ther quarterlie meeting of the Counsell of State according to the +seasons and to fitting meanes for ther entertayment, together with +regaurd of the best ease and benifitt of the people, that shall have +occasion to addresse themselves unto the Counsell, either for justice or +direction; considering also the times of making ther dispathes to +England, according to the oppertunities of shiping ther comeing or +goeing. + +33. That the Governor for the time being in or about the foresaid time +doe summon by an officer appointed for that purpose the Counsell of +State to appeare at a day and to bee together for the space of one whole +month or more if need shall requier to advise & consult upon matter of +Counsell of State and of the generall affaires of the Colonie, and as +ther shalbee cause to order and determine the greater causes of +consequence or such matter as shall growe or arise within the Colonie, +either by reference or judgment; and that free accesse bee permitted to +all suiters to make knowne ther perticuler grevances, bee itt against +what person soever. And if the plaint appeare to bee important, to +record the same ther & to returne a coppy ther of together with the +report of your proceeding therin. + +34. As also to keepe a perfect register of all the acts of each quarter +sessions duely and orderlie and therof to returne a perfect transcript +unto us by the first oppertunitie of shipping from time to time. And +that at everie sessions you cause all instructions and charters that are +already or shall hereafter bee sent from hence to bee read and so from +sessions to sessions untill our directory shall bee fullie executed. + +35. Item: in case of the Governor death or removall or suspencion by +order from hence untill other direction from us can come, wee requier +that the Counsell or major part of them then residing in Virginia doe +imedialie assemble themselves and within fourteene dayes or sooner from +out of ther body to elect one to supplie the place for the time; and to +preserve the state of bussinesse still in the same current that it was. + +36. The relation of which act of Counsell wee will you send us with as +much speede as may bee, and if ther should bee an unexpected division in +the voices of the counsell that a just halfe should bee willing to elect +one and the other halfe desirous of another, then wee will that election +bee made of the Leftennant Governor; and in his absence or necessarie +cause of declining the Marshall, and in case of his default or such +refusall then the Treasurer, then one of the two deputies or the other +till the place of Governor be settled in on [one] of our said cheif +officers. + +37. Item: whereas ther hath bin severall directions given to the former +Governor for fixing the tenants uppon the lands as well belonging to the +Governor place as other the officers seated by the Governor, which uppon +pretences hath bin allowed and neglected and the men lett out to the +heir; wee requier you that hereafter no officer bee permitted to lett +out his tenants, butt settle them uppon the lands sett out for his +place, enjoining them to enclose gardens, build howses, deviding them +into families or societies, to place them upon the land appropriated to +his office, excepting onlie the Counsell shall have power to make a +convenient order at one of the quarter sessions to dispence with this +article for the space of six months & that in case onlie of extreeme +necessitie. + +38. Item: the Governor, onlie for the time being, shall summon Counsells +and sine warrants & execute or give athoritie for execution of the +Counsells orders, except in cases which seeme to appertaine to the +imediate execucions of Liftenant Generall, Marshall, Tresuror, or +deputies, wherin according to ther severall comissions or by a conceaved +order from a quarter counsell the officers are severallie directed and +authorised. + +39. The Governor for the time being shall have absolute power and +authoritie according to the implicacion of his particular commission to +direct, determine and punish at his good discretion any emergent +buissnes, neglect or contempt of authority in any kind or what soever +negligence or contempt may bee found in any person ther residing or +being, except only those of the Counsell for ther on persons whoe are in +such cases to bee summoned to appeare at the next quarter session of the +Counsell holdne ther abide ther censure; in the meane time if the +Governor shall thinke itt may concerne either the quiett of that state +to proceed more speedily with such an offendor, itt shall bee lawful to +summon a Counsell extreordinarie, wherat six of the Counsell at lest are +to bee present with the said Governor and by the main parte of ther +voices committ any Counsellor to saife custody or upon baile to appere +and abide the order of the nextt quarter counsell. + +40. Everie order and decree of the Counsell of State shalbe concluded by +the major parte of voices at that Assembly, wherin the Governor for the +time being is to have a casting voice if the nomber of Counsellors +should bee even or should bee equally devided in oppinnion; +neverthelesse reserving to the said Governor a negative voice att any +Generall Assembly according to a former comission granted.[26] + + [Footnote 26: One of the few references to the _Commission_, + not the "Instructions", to Yeardley, authorizing a General + Assembly.] + +41. Item: wee pray you likewise to take into your care the protexcion of +the people, that they suffer no wrong by the engrossing commodity & +forestalling the marketts, butt preserve them open for all men freely or +indifferently to buy or sell. + +42. Item: wee requier you expecially to see the publicke labors to bee +from time to time equally charged & burdned for the people that one mans +tenants bee nott favored above others or officers tenants favored more +then those of the puplique; and to the end those services may fall as +easy to all ports as may bee, wee thinke in the punishment of all +enormus misdemeanors, &c., ill deservers bee condemned to a nomber of +days works for puplique use & building, or to finnishing of a fence or +dike, or to cariage or roweing according to the meritt of the offence. + +43. Item: where as the Right Honourable the Earle of Pembroke with +divers his associates have undertaken to plaint thirty thousand acres of +land in Virginia, we therfore intreat you to make choice of the best +seate on that river that is not yett inhabited; and herin to take the +advise of Mr. Leech, whoe now goes over to veiw the cuntrie and to bee +enployd in that plantacion which being sett out wee desier to be +informed therof. + +44. Item: as wee hold itt most necessarie that you provide for the +generall safety and securing of your selves and estats together, so doe +wee conceave it a matter of exceeding great advantage & incouragment to +discover everie day farther by the sea coast and within land about which +wee requier you to conceave a fitting course from time espetiallie to +find good fishing betweene James river and Cape Cod or any wher within +our limmittes wherin wee suppose the new trade of commodities found +wilbe like to recompence the troble and charge bestowed therin, for wee +are certainely informed that the Dutchmen within 20 or 30 leagues of +your plantacion steile a trade for furrs, &c., to ther verie great gaine +& content. + +45. Item: for as much as planting of staple commodities is useuallie +much advanced by example taken one from another, wee expect that the +cheif officers by ther owne particular employment of ther people & land, +& setting forth the benifitts & hopes of such endeavors, shall +exceedinglie advance the state of commodity and trade. + +46. Item: wee doe moreover requier that according to your oaths and +severall charges your thoughts & endeavors be unanimouslie employed for +performance of our instructions in generall, & particuler that chieflie +aiminge at the establishment of the Colonie your selves & all of us that +have endeavorid therein may bee comforted in a happie apparence of +prosperity of the plantacion which wilbe glorious before God and +infinitt honor, strenght & profitt to our King & Cuntry. + +47. Lastly wee pray you that no shipp that now or at any time wee shall +send at the companies charge to Virginia bee suffered to stay ther above +thirty dayes for avoiding of charge which hath heretofore grown uppon +long voydges in freight & wages & that you suffer not in the said shipps +any goods provicions sent thither to bee brought from thence againe by +any marriners, passengers or others uppon paine of some punishment to be +inflicted upon them; and although the infancy of the plantacion may nott +some time afford the more valuable comodities to freight the shipps home +uppon so short a stay, yett wee suppose that a prudent course & +preperacion may at last afford them choice timber as clear walnutt or +some other such lesse valueable commodity to add to ther lading which +will yeild more profitt to the Companie with the shipps quicke returne +then is usueally raised by ther best comodities when longer accompt for +freightt hath drawne on a further charge. Given under the Counsell scale +the fower and twentith day of Julie, 1621; and in the yeare of the raign +of our soveraigne Lord James, by the grace of God of England, Scotland, +France and Ireland, Defender of the faith, &c., that is to say of +England, France and Ireland the nineteenth and Scottland the fower and +fiftith. + + Signed by the Earl of Southampton + + Sir Edwin Sandis + Mr. John Davers + Mr. John Ferrar, deputy + Mr. Thomas Gibbs + Mr. Sam Wrote + Mr. Nicholas Ferrar + Doctor Anthony + Doctor Williamson + Doctor Galston + Mr. George Sandys + +Kingsbury, Vol. III, pp. 468-482. + + + + + TREASURER AND COMPANY. AN + ORDINANCE AND CONSTITUTION FOR + COUNCIL AND ASSEMBLY IN VIRGINIA + + + + +JULY 24, 1621 + + + To all people to whom these presents shall come, bee seen or + heard, the Treasuror, Council and Company of Adventurers and + Planters of the Citty of London for the First Collony in + Virginia send greeting: knowe yee that wee, the said + Treasuror, Counsell and Company, takeing into our carefull + consideracion the present state of the said Colony in + Virginia, and intending by the Devine assistance to settle + such a forme of government ther as may bee to the greatest + benifitt and comfort of the people and wherby all injustice, + grevance and oppression may bee prevented and kept of as + much as is possible from the said Colony, have thought fitt + to make our entrance by ordaining & establishing such + supreame Counsells as may not only bee assisting to the + Governor for the time being in administracion of justice and + the executing of other duties to his office belonging, but + also by ther vigilent care & prudence may provide as well + for remedy of all inconveniencies groweing from time to time + as also for the advancing of encrease, strength, stabillitie + and prosperitie of the said Colony: + +Wee therefore, the said Treasuror, Counsell and Company, by authoritie +directed to us from His Majestie under his Great Seale, upon mature +deliberacion doe hereby order & declare that from hence forward ther bee +towe supreame Counsells in Virginia for the better government of the +said Colony as aforesaid: the one of which Counsells to bee called the +Counsell of State and whose office shall cheiflie bee assisting, wth +ther care, advise & circomspection, to the said Governor; shall be +chosen, nominated, placed and displaced from time to time by us, the +said Treasurer, Counsell & Company and our successors; which Counsell of +State shall consiste for the present onlie of those persons whose names +are here inserted, vizt.: Sir Francis Wyatt, Governor of Virginia; +Captaine Francis West; Sir George Yeardley, Knight; Sir William Newce, +Knight, Marshall of Virginia; Mr. George Sandys, Tresuror; Mr. George +Thorpe, Deputy of the Colledge; Captaine Thomas Newce, Deputy for the +Company; Mr. Christopher Davison, Secretarie; Doctor Potts, Phesition to +the Company; Mr. Paulet; Mr. Leech; Captaine Nathaniell Powell; Mr. +Roger Smith; Mr. John Berkley; Mr. John Rolfe; Mr. Ralfe Hamer; Mr. John +Pountus; Mr. Michael Lapworth; Mr. Harwood; [and] Mr. Samuel Macocke. +Which said Counsellors and Counsell wee earnestlie pray & desier, and in +His Majesties name strictlie charge and command, that all factious +parcialties and sinister respects laid aside, they bend ther care and +endeavors to assist the said Governor first and principallie in +advancement of the honor and service of Almightie God and the +enlargement of His kingdome amongste those heathen people; and next in +the erecting of the said Colonie in one obedience to His Majestie and +all lawful authoritie from His Majestis dirived; and lastlie in +maitaining the said people in justice and Christian conversation among +themselves and in strength and habillitie to wth stand ther ennimies. +And this Counsell is to bee alwaies, or for the most part, residing +about or neere the said Governor. The other Counsell, more generall, to +bee called by the Governor, and yeerly, of course, & no oftner but for +very extreordinarie & important occasions, shall consist for present of +the said Counsell of State and of tow burgesses out of every towne, +hunder [hundred] and other particuler plantacion to bee respetially +chosen by the inhabitants. Which Counsell shalbee called the Generall +Assemblie, wherein as also in the said Counsell of State, all matters +shall be decided, determined & ordered by the greater part of the voices +then present, reserveing alwaies to the Governor a negative voice. And +this Generall Assembly shall have free power to treat, consult & +conclude as well of all emergent occasions concerning the pupliqe weale +of the said Colony and evrie parte therof as also to make, ordeine & +enact such generall lawes & orders for the behoof of the said Colony and +the good govermt therof as shall time to time appeare necessarie or +requisite. Wherin as in all other things wee requier the said Gennerall +Assembly, as also the said Counsell of State, to imitate and followe the +policy of the forme of goverment, lawes, custome, manners of loyall and +other administracion of justice used in the realme of England, as neere +as may bee even as ourselves by His Majesties lettres patents are +required; provided that noe lawes or ordinance made in the said Generall +Assembly shalbe and continew in force and validitie, unlese the same +shalbe sollemlie ratified and confirmed in a generall greater court of +the said court here in England and so ratified and returned to them +under our seale. It being our intent to affoord the like measure also +unto the said Colony that after the goverment of the [said Colony, shall +once have been well framed & settled accordingly, which is to be done by +us as by authoritie derived from] his Majestie and the sa[me shall] have +bene soe by us declared, no orders of our court afterwarde shall binde +[the said] Colony unles they bee ratified in like manner in ther +Generall Assembly. + +In wittnes wherof wee have hereunto sett our common seale the 24th day +of [July] 1621, and in the yeare of the raigne of our governoure, Lord +James by the ... of God of England, Scotland, France & Ireland, King, +Defendor of the ... vizt., of England, France and Scotland the +nineteenth and of Scotland the fower and fiftieth. + +Kingsbury, Vol. III, pp. 482-484. Stith, Appendix, pp. 32-34. + + + + + Transcriber's Notes: + + This is one of a series of 23 pamphlets produced in 1957 in celebration + of the 350th anniversary of the founding of the Jamestown colony in + Virginia. Research indicates that the copyright on this book was not + renewed. + Spelling was left unchanged throughout. + Footnotes were indented and moved after the paragraph to which they + pertain. + Extra spaces within lists of names were removed. Extra spaces within + text were retained where they indicate omitted text in the original + manuscript. The printer used multiple footnote anchors, numbered 24 + and 25, to indicate some of these blank spaces. + A comma was replaced with a period at the end of a sentence in the + Introduction: ... governing body. It was thus ... + A semicolon was replaced with a period at the end of numbered paragraph + 9 in the "Instructions ... to Sir Thomas West ..." + In the "Instructions to the Governor and Council of State," brackets + around paragraph number 22 are indicate the number was missing in the + original. These brackets are not a footnote anchor. + + + + + +End of the Project Gutenberg EBook of The Three Charters of the Virginia +Company of London, by Virginia 350th Anniversary Celebration Corporation + +*** END OF THIS PROJECT GUTENBERG EBOOK CHARTERS--VIRGINIA CO. OF LONDON *** + +***** This file should be named 36181.txt or 36181.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/3/6/1/8/36181/ + +Produced by Mark C. Orton, Carol Ann Brown and the Online +Distributed Proofreading Team at https://www.pgdp.net. + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. Special rules, +set forth in the General Terms of Use part of this license, apply to +copying and distributing Project Gutenberg-tm electronic works to +protect the PROJECT GUTENBERG-tm concept and trademark. Project +Gutenberg is a registered trademark, and may not be used if you +charge for the eBooks, unless you receive specific permission. If you +do not charge anything for copies of this eBook, complying with the +rules is very easy. You may use this eBook for nearly any purpose +such as creation of derivative works, reports, performances and +research. They may be modified and printed and given away--you may do +practically ANYTHING with public domain eBooks. Redistribution is +subject to the trademark license, especially commercial +redistribution. + + + +*** START: FULL LICENSE *** + +THE FULL PROJECT GUTENBERG LICENSE +PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK + +To protect the Project Gutenberg-tm mission of promoting the free +distribution of electronic works, by using or distributing this work +(or any other work associated in any way with the phrase "Project +Gutenberg"), you agree to comply with all the terms of the Full Project +Gutenberg-tm License (available with this file or online at +https://gutenberg.org/license). + + +Section 1. General Terms of Use and Redistributing Project Gutenberg-tm +electronic works + +1.A. By reading or using any part of this Project Gutenberg-tm +electronic work, you indicate that you have read, understand, agree to +and accept all the terms of this license and intellectual property +(trademark/copyright) agreement. If you do not agree to abide by all +the terms of this agreement, you must cease using and return or destroy +all copies of Project Gutenberg-tm electronic works in your possession. +If you paid a fee for obtaining a copy of or access to a Project +Gutenberg-tm electronic work and you do not agree to be bound by the +terms of this agreement, you may obtain a refund from the person or +entity to whom you paid the fee as set forth in paragraph 1.E.8. + +1.B. "Project Gutenberg" is a registered trademark. It may only be +used on or associated in any way with an electronic work by people who +agree to be bound by the terms of this agreement. There are a few +things that you can do with most Project Gutenberg-tm electronic works +even without complying with the full terms of this agreement. See +paragraph 1.C below. There are a lot of things you can do with Project +Gutenberg-tm electronic works if you follow the terms of this agreement +and help preserve free future access to Project Gutenberg-tm electronic +works. See paragraph 1.E below. + +1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation" +or PGLAF), owns a compilation copyright in the collection of Project +Gutenberg-tm electronic works. Nearly all the individual works in the +collection are in the public domain in the United States. If an +individual work is in the public domain in the United States and you are +located in the United States, we do not claim a right to prevent you from +copying, distributing, performing, displaying or creating derivative +works based on the work as long as all references to Project Gutenberg +are removed. Of course, we hope that you will support the Project +Gutenberg-tm mission of promoting free access to electronic works by +freely sharing Project Gutenberg-tm works in compliance with the terms of +this agreement for keeping the Project Gutenberg-tm name associated with +the work. You can easily comply with the terms of this agreement by +keeping this work in the same format with its attached full Project +Gutenberg-tm License when you share it without charge with others. + +1.D. The copyright laws of the place where you are located also govern +what you can do with this work. Copyright laws in most countries are in +a constant state of change. If you are outside the United States, check +the laws of your country in addition to the terms of this agreement +before downloading, copying, displaying, performing, distributing or +creating derivative works based on this work or any other Project +Gutenberg-tm work. The Foundation makes no representations concerning +the copyright status of any work in any country outside the United +States. + +1.E. Unless you have removed all references to Project Gutenberg: + +1.E.1. The following sentence, with active links to, or other immediate +access to, the full Project Gutenberg-tm License must appear prominently +whenever any copy of a Project Gutenberg-tm work (any work on which the +phrase "Project Gutenberg" appears, or with which the phrase "Project +Gutenberg" is associated) is accessed, displayed, performed, viewed, +copied or distributed: + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + +1.E.2. If an individual Project Gutenberg-tm electronic work is derived +from the public domain (does not contain a notice indicating that it is +posted with permission of the copyright holder), the work can be copied +and distributed to anyone in the United States without paying any fees +or charges. If you are redistributing or providing access to a work +with the phrase "Project Gutenberg" associated with or appearing on the +work, you must comply either with the requirements of paragraphs 1.E.1 +through 1.E.7 or obtain permission for the use of the work and the +Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or +1.E.9. + +1.E.3. If an individual Project Gutenberg-tm electronic work is posted +with the permission of the copyright holder, your use and distribution +must comply with both paragraphs 1.E.1 through 1.E.7 and any additional +terms imposed by the copyright holder. Additional terms will be linked +to the Project Gutenberg-tm License for all works posted with the +permission of the copyright holder found at the beginning of this work. + +1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm +License terms from this work, or any files containing a part of this +work or any other work associated with Project Gutenberg-tm. + +1.E.5. Do not copy, display, perform, distribute or redistribute this +electronic work, or any part of this electronic work, without +prominently displaying the sentence set forth in paragraph 1.E.1 with +active links or immediate access to the full terms of the Project +Gutenberg-tm License. + +1.E.6. You may convert to and distribute this work in any binary, +compressed, marked up, nonproprietary or proprietary form, including any +word processing or hypertext form. However, if you provide access to or +distribute copies of a Project Gutenberg-tm work in a format other than +"Plain Vanilla ASCII" or other format used in the official version +posted on the official Project Gutenberg-tm web site (www.gutenberg.org), +you must, at no additional cost, fee or expense to the user, provide a +copy, a means of exporting a copy, or a means of obtaining a copy upon +request, of the work in its original "Plain Vanilla ASCII" or other +form. Any alternate format must include the full Project Gutenberg-tm +License as specified in paragraph 1.E.1. + +1.E.7. Do not charge a fee for access to, viewing, displaying, +performing, copying or distributing any Project Gutenberg-tm works +unless you comply with paragraph 1.E.8 or 1.E.9. + +1.E.8. You may charge a reasonable fee for copies of or providing +access to or distributing Project Gutenberg-tm electronic works provided +that + +- You pay a royalty fee of 20% of the gross profits you derive from + the use of Project Gutenberg-tm works calculated using the method + you already use to calculate your applicable taxes. The fee is + owed to the owner of the Project Gutenberg-tm trademark, but he + has agreed to donate royalties under this paragraph to the + Project Gutenberg Literary Archive Foundation. Royalty payments + must be paid within 60 days following each date on which you + prepare (or are legally required to prepare) your periodic tax + returns. Royalty payments should be clearly marked as such and + sent to the Project Gutenberg Literary Archive Foundation at the + address specified in Section 4, "Information about donations to + the Project Gutenberg Literary Archive Foundation." + +- You provide a full refund of any money paid by a user who notifies + you in writing (or by e-mail) within 30 days of receipt that s/he + does not agree to the terms of the full Project Gutenberg-tm + License. You must require such a user to return or + destroy all copies of the works possessed in a physical medium + and discontinue all use of and all access to other copies of + Project Gutenberg-tm works. + +- You provide, in accordance with paragraph 1.F.3, a full refund of any + money paid for a work or a replacement copy, if a defect in the + electronic work is discovered and reported to you within 90 days + of receipt of the work. + +- You comply with all other terms of this agreement for free + distribution of Project Gutenberg-tm works. + +1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm +electronic work or group of works on different terms than are set +forth in this agreement, you must obtain permission in writing from +both the Project Gutenberg Literary Archive Foundation and Michael +Hart, the owner of the Project Gutenberg-tm trademark. Contact the +Foundation as set forth in Section 3 below. + +1.F. + +1.F.1. Project Gutenberg volunteers and employees expend considerable +effort to identify, do copyright research on, transcribe and proofread +public domain works in creating the Project Gutenberg-tm +collection. Despite these efforts, Project Gutenberg-tm electronic +works, and the medium on which they may be stored, may contain +"Defects," such as, but not limited to, incomplete, inaccurate or +corrupt data, transcription errors, a copyright or other intellectual +property infringement, a defective or damaged disk or other medium, a +computer virus, or computer codes that damage or cannot be read by +your equipment. + +1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right +of Replacement or Refund" described in paragraph 1.F.3, the Project +Gutenberg Literary Archive Foundation, the owner of the Project +Gutenberg-tm trademark, and any other party distributing a Project +Gutenberg-tm electronic work under this agreement, disclaim all +liability to you for damages, costs and expenses, including legal +fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT +LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE +PROVIDED IN PARAGRAPH 1.F.3. YOU AGREE THAT THE FOUNDATION, THE +TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE +LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR +INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH +DAMAGE. + +1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a +defect in this electronic work within 90 days of receiving it, you can +receive a refund of the money (if any) you paid for it by sending a +written explanation to the person you received the work from. If you +received the work on a physical medium, you must return the medium with +your written explanation. The person or entity that provided you with +the defective work may elect to provide a replacement copy in lieu of a +refund. If you received the work electronically, the person or entity +providing it to you may choose to give you a second opportunity to +receive the work electronically in lieu of a refund. If the second copy +is also defective, you may demand a refund in writing without further +opportunities to fix the problem. + +1.F.4. Except for the limited right of replacement or refund set forth +in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER +WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO +WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE. + +1.F.5. Some states do not allow disclaimers of certain implied +warranties or the exclusion or limitation of certain types of damages. +If any disclaimer or limitation set forth in this agreement violates the +law of the state applicable to this agreement, the agreement shall be +interpreted to make the maximum disclaimer or limitation permitted by +the applicable state law. The invalidity or unenforceability of any +provision of this agreement shall not void the remaining provisions. + +1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the +trademark owner, any agent or employee of the Foundation, anyone +providing copies of Project Gutenberg-tm electronic works in accordance +with this agreement, and any volunteers associated with the production, +promotion and distribution of Project Gutenberg-tm electronic works, +harmless from all liability, costs and expenses, including legal fees, +that arise directly or indirectly from any of the following which you do +or cause to occur: (a) distribution of this or any Project Gutenberg-tm +work, (b) alteration, modification, or additions or deletions to any +Project Gutenberg-tm work, and (c) any Defect you cause. + + +Section 2. Information about the Mission of Project Gutenberg-tm + +Project Gutenberg-tm is synonymous with the free distribution of +electronic works in formats readable by the widest variety of computers +including obsolete, old, middle-aged and new computers. It exists +because of the efforts of hundreds of volunteers and donations from +people in all walks of life. + +Volunteers and financial support to provide volunteers with the +assistance they need are critical to reaching Project Gutenberg-tm's +goals and ensuring that the Project Gutenberg-tm collection will +remain freely available for generations to come. In 2001, the Project +Gutenberg Literary Archive Foundation was created to provide a secure +and permanent future for Project Gutenberg-tm and future generations. +To learn more about the Project Gutenberg Literary Archive Foundation +and how your efforts and donations can help, see Sections 3 and 4 +and the Foundation web page at https://www.pglaf.org. + + +Section 3. Information about the Project Gutenberg Literary Archive +Foundation + +The Project Gutenberg Literary Archive Foundation is a non profit +501(c)(3) educational corporation organized under the laws of the +state of Mississippi and granted tax exempt status by the Internal +Revenue Service. The Foundation's EIN or federal tax identification +number is 64-6221541. Its 501(c)(3) letter is posted at +https://pglaf.org/fundraising. Contributions to the Project Gutenberg +Literary Archive Foundation are tax deductible to the full extent +permitted by U.S. federal laws and your state's laws. + +The Foundation's principal office is located at 4557 Melan Dr. S. +Fairbanks, AK, 99712., but its volunteers and employees are scattered +throughout numerous locations. Its business office is located at +809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email +business@pglaf.org. Email contact links and up to date contact +information can be found at the Foundation's web site and official +page at https://pglaf.org + +For additional contact information: + Dr. Gregory B. Newby + Chief Executive and Director + gbnewby@pglaf.org + + +Section 4. Information about Donations to the Project Gutenberg +Literary Archive Foundation + +Project Gutenberg-tm depends upon and cannot survive without wide +spread public support and donations to carry out its mission of +increasing the number of public domain and licensed works that can be +freely distributed in machine readable form accessible by the widest +array of equipment including outdated equipment. Many small donations +($1 to $5,000) are particularly important to maintaining tax exempt +status with the IRS. + +The Foundation is committed to complying with the laws regulating +charities and charitable donations in all 50 states of the United +States. Compliance requirements are not uniform and it takes a +considerable effort, much paperwork and many fees to meet and keep up +with these requirements. We do not solicit donations in locations +where we have not received written confirmation of compliance. To +SEND DONATIONS or determine the status of compliance for any +particular state visit https://pglaf.org + +While we cannot and do not solicit contributions from states where we +have not met the solicitation requirements, we know of no prohibition +against accepting unsolicited donations from donors in such states who +approach us with offers to donate. + +International donations are gratefully accepted, but we cannot make +any statements concerning tax treatment of donations received from +outside the United States. U.S. laws alone swamp our small staff. + +Please check the Project Gutenberg Web pages for current donation +methods and addresses. Donations are accepted in a number of other +ways including including checks, online payments and credit card +donations. To donate, please visit: https://pglaf.org/donate + + +Section 5. General Information About Project Gutenberg-tm electronic +works. + +Professor Michael S. Hart was the originator of the Project Gutenberg-tm +concept of a library of electronic works that could be freely shared +with anyone. For thirty years, he produced and distributed Project +Gutenberg-tm eBooks with only a loose network of volunteer support. + + +Project Gutenberg-tm eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the U.S. +unless a copyright notice is included. Thus, we do not necessarily +keep eBooks in compliance with any particular paper edition. + + +Most people start at our Web site which has the main PG search facility: + + https://www.gutenberg.org + +This Web site includes information about Project Gutenberg-tm, +including how to make donations to the Project Gutenberg Literary +Archive Foundation, how to help produce our new eBooks, and how to +subscribe to our email newsletter to hear about new eBooks. |
