Illustration: Great Seal of James I.
Virginia State Library, "Patents, No. 2, 1643-1651"; Hening, Vol. I, pp. 67-75.
[3]The following words or letters missing from the manuscript have been supplied from the text in Hening.]
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.
[4]Bracketed passage supplied from text in Hening.
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 SouthamptonWilliam, Earle of Pembroke[Henrie], Earle of Lincolne [Lincoln]Henrie, Earle of Dorsett [Dorset]Thomas, Earle of ExeterPhillipp, Earle of MountgommeryRobert, Lord Vicount LisleTheophilus, Lord Howard of WaldenJames Mountague, Lord Bishopp of Bathe and WellsEdward, Lord ZoucheThomas, Lord LawarrWiliam, Lord MounteagleRaphe, Lord EwreEdmond, Lord Sheffeild [Sheffield]Grey, Lord Shandis [Chandois][Grey], Lord ComptonJohn, Lord PetreJohn, Lord StanhopeGeorge, Lord CarewSir Humfrey Welde, Lord Mayor of London [Weld]George Pertie, Esquire [Percie]Sir Edward Cecill, Knight [Cecil]Sir George Wharton, KnightFrauncis West, EsquireSir William Waade, Knight [Wade]Sir Henrie Nevill, Knight [Nevil]Sir Thomas Smithe, Knight [Smith]Sir Oliver Cromwell, KnightSir Peter Manwood, KnightSir Dru Drurie, Knight [Drury]Sir John Scott, Knight [Scot]Sir Thomas Challouer, Knight [Challoner]Sir Robert Drurie, Knight [Drury]Sir Anthonye Cope, KnightSir 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, KnightSir Anthonie Ashley, Knight [Ashly]Sir Michaell Sandes, Knight [Sandys]Sir Henrie Carew, Knight [Carey]Sir Stephen Soame, KnightSir Calisthenes Brooke, KnightSir 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, KnightSir Thomas Monnson, Knight [Monson]Sir Thomas Ridgwaie, Knight [Ridgwine]Sir John Brooke, KnightSir Roberte Killigrew, KnightSir Henrie Peyton, KnightSir Richard Williamson, KnightSir Ferdinando Weynman, KnightSir William St. John, KnightSir Thomas Holcrofte, Knight [Holcroft]Sir John Mallory, KnightSir Roger Ashton, KnightSir Walter Cope, KnightSir Richard Wigmore, KnightSir William Cooke, Knight [Coke]Sir Herberte Crofte, KnightSir Henrie Faushawe, Knight [Fanshaw]Sir John Smith, KnightSir Francis Wolley, KnightSir Edward Waterhouse, KnightSir Henrie Sekeford, Knight [Seekford]Sir Edward Saudes, Knight[6][Edwin Sandys]Sir Thomas Wayneman, Knight [Waynam]Sir John Trevor, KnightSir Warrwick Heale, Knight [Heele]Sir Robert Wroth, KnightSir John Townnesende, Knight [Townsend]Sir Christopher Perkins, KnightSir Daniell Dun, KnightSir Henrie Hobarte, Knight [Hobart]Sir Franncis Bacon, KnightSir Henrie Mountague, Knight [Montague]Sir Georg Coppin, KnightSir Samuell Sandes, Knight [Sandys]Sir Thomas Roe, KnightSir George Somers, KnightSir Thomas Freake, KnightSir Thomas Horwell, Knight [Harwell]Sir Charles Kelke, KnightSir Baptist Hucks, Knight [Hicks]Sir John Watts, KnightSir Roberte Carey, KnightSir William Romney, KnightSir Thomas Middleton, KnightSir Hatton Cheeke, KnightSir John Ogle, KnighteSir Cavallero Meycot, KnightSir Stephen Riddlesden, Knight [Riddleson]Sir Thomas Bludder, KnightSir Anthonie Aucher, KnightSir Robert Johnson, KnightSir Thomas Panton, KnightSir Charles Morgan, KnightSir Stephen Powle, Knight [Pole]Sir John Burlacie, KnightSir Christofer Cleane, Knight [Cleave]Sir George Hayward, KnightSir Thomas Dane, Knight [Davis]Sir Thomas Dutton, Knight [Sutton]Sir Anthonie Forrest, Knight [Forest]Sir Robert Payne, KnightSir John Digby, KnightSir Dudley Diggs, Knight [Digges]Sir Rowland Cotton, KnightDoctour Mathewe Rutcliffe [Sutcliffe]Doctor Meddowes [Meadows]Doctor TurnerDoctor PoeCaptaine PagnamCaptaine Jeffrey HolcrofteCaptaine Raunne [Romney]Captaine Henrie SpryCaptaine Shelpton [Shelton]Captaine Spark [Sparks][Captain] Thomas Wyatt [Wyat]Captaine BrinsleyCaptaine William CourtneyCaptaine HerbertCaptaine ClarkeCaptaine DewhurstCaptaine John BlundellCaptaine Frier [Fryer]Captaine Lewis OrwellCaptaine Edward Lloyd [Loyd]Captaine SlingesbyCaptaine Huntley [Hawley]Captaine OrmeCaptaine WoodhouseCaptaine MasonCaptaine Thomas HolcroftCaptaine John Cooke [Coke]Captaine Hollis [Holles]Captaine William ProudeCaptaine Henrie WoodhouseCaptaine Richard Lindeley [Lindesey]Captaine DexterCaptaine William WinterCaptaine Herle [Pearse]Captain John BinghamCaptaine BurrayCaptaine Thomas Conwey [Conway]Captaine RookwoodCaptaine William LovelaceCaptaine John AshleyCaptaine Thomas WynneCaptaine Thomas MewtisCaptaine Edward HarwoodCaptaine 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 SmithCaptyn John Martyn [Martin]Captaine Peter WynneCaptaine Waldoe [Waldo]Captyn Thomas WoodCaptaine Thomas ButtonGeorge Bolls, Esquire, Sheriffe of LondonWilliam Crashawe, [Clerk], Bachelor of DiviniteWilliam Seabright, EsquireChristopher Brook, EsquireJohn Bingley, EsquireThomas Watson, EsquireRichard Percivall, Esquire [Percival]John Moore, EsquireHugh Brooker, EsquireDavid Waterhouse, Esquire [Woodhouse]Anthonie Auther, Esquier [Aucher]Roberte Bowyer, Esquire [Boyer]Raphe Ewens, EsquireZacharie Jones, EsquireGeorge Calvert, EsquireWilliam Dobson, EsquireHenry Reynold, Esquire [Reynolds]Thomas Walker, EsquireAnthonie Barnars, EsquireThomas Sandes, Esquire [Sandys]Henrie Sand, Esquire [Sandys]Richard Sand [Sandys]Sonne of Sir Edwin Sandes [Sandys]William Oxenbridge, EsquireJohn Moore, EsquireThomas Wilson, EsquireJohn Bullocke, Esquire [Bullock]John Waller, [Esquire]Thomas WebbJehughe RobinsonWilliam BrewsterRobert EvelynHenrie Dabenie [Danby]Richard Hacklewte, minister [Hackluit]John Eldred, marchaunt [Eldrid]William Russell, marchauntJohn Merrick, marchauntRichard Bannester, merchant [Banister]Charles Anthonie, goldsmithe [Anthony]John Banck [Banks]William EvansRichard HumbleRobert Chamberleyne, marchaunt [Richard Chamberlayne]Thomas Barber, marchauntRichard Pevyrell, merchaunt [Pomet]John Fletcher, merchantThomas Nicholls, merchantJohn Stoak, merchaunt [Stoke]Gabriell ArcherFranncis Covell [Covel]William Bouham [Bonham]Edward HarrisonJohn WolstenholmeNicholas SalterHugh EvansWilliam Barners [Barnes]Otho Mawdett [Mawdet]Richard Staper, marchantJohn Elkin, marchauntWilliam Cayse [Coyse]Thomas Perkin, cooperHumfrey Ramell, cooper [Humphrey James]Henry JacksonRoberte Shingleton [Singleton]Christopher NichollsJohn HarperAbraham Chamberlaine [Chamberlayne]Thomas ShiptonThomas CarpenterAnthoine Crewe [Crew]George HolmanRobert HillCleophas Smithe [Smith]Raphe HarrisonJohn FarmerJames BrearleyWilliam Crosley [Crosby]Richard Cocks [Cox]John Gearinge [Gearing]Richard Strough, iremonnger [Strongarm]Thomas LangtonGriffith HintonRichard IronsideRichard Deane [Dean]Richard TurnerWilliam Leveson, mercer [Lawson]James Chatfeilde [Chatfield]Edward Allen [Edward Allen Tedder]Tedder Roberts[7]Heldebrand Sprinson [Robert Hildebrand Sprinson]Arthur MouseJohn Gardener [Gardiner]James Russell [Russel]Richard Casewell [Caswell]Richard Evanns [Evans]John HawkinsRichard Kerrill [Kerril]Richard BrookeMathewe Scrivener, gentleman [Screvener]William Stallendge, gentleman [Stallenge]Arthure Venn, gentlemanSaund Webb, gentleman [Sandys Webbe]Michaell Phettiplace, gentlemanWilliam Phetiplace, gentleman [Phettiplace]Ambrose Brusey, gentleman [Prusey]John Taverner, gentlemanGeorge Pretty, gentlemanPeter Latham, gentlemanThomas Monnford, gentleman [Montford]William Cautrell, gentleman [Cantrel]Richard Wiffine, gentleman [Wiffin]Raphe Mooreton, gentleman [Moreton]John Cornellis [Cornelius]Martyn FreemanRaphe FreemanAndreau MooreThomas WhiteEdward PerkinRobert OffleyThomas WhitleyGeorge Pitt [Pit]Roberte Parkehurste [Parkhurst]Thomas MorrisPeter Vaulore [Harloe]Jeffrey DuppaJohn GilbertWilliam HancockMathew Bromrigg [Brown]Francis Tirrell[Tyrrel]Randall CarterOthowell Smithe [Smith]Thomas Honnyman [Hamond]Marten Bonde, haberdasher [Bond]Joan Mousloe [John Moulsoe]Roberte JohnsonWilliam Younge [Young]John Woddall [Woodal]William FelgateHumfrey WestwoodRichard ChampionHenrie RobinsonFranncis MapesWilliam Sambatch [Sambach]Rauley Crashawe [Ralegh Crashaw]Daniell TuckerThomas GraveHugh WillestoneThomas Culpepper, of Wigsell, EsquireJohn Culpepper, gentlemanHenrie LeeJosias Kirton, gentleman [Kerton]John Porie, gentleman [Pory]Henrie CollinsGeorge BurtonWilliam AtkinsonThomas Forrest [Forest]John Russell [Russel]John Houlte [Holt]Harman HarrisonGabriell Beedell [Beedel]John Beedell [Beedel]Henrie Dankes [Dawkes]George Scott [Scot]Edward Fleetewood, gentleman [Fleetwood]Richard Rogers, gentlemanArthure RobinsonRobert RobinsonJohn HuntleyJohn Grey [Gray]William PayneWilliam Feilde [Field]William WatteyWilliam WebsterJohn DingleyThomas DraperRichard 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 WestMathew Springeham [Springham]John JohnsonChristopher HoreGeorge BarkeleyThomas Sued [Snead]George Barkeley [Berkeley]Arthure Pett [Pet]Thomas CarelesWilliam Barkley [Berkley]Thomas JohnsonAlexander Bent [Bents]Captaine William Kinge [King]George Sandes, gentleman [Sandys]James White, gentlemanEdmond Wynn [Wynne]Charles TowlerRichard ReynoldEdward WebbRichard MaplesdenThomas Levers [Lever]David BourneThomas WoodRaphe HamerEdward Barnes, mercerJohn Wright, mercerRobert MiddletonEdward Litsfeild [Littlefield]Katherine WestThomas Webb [Web]Raphe Kinge [King]Roberte Coppine [Coppin]James AskeweChristopher Nicholls [Christopher Holt]William BardwellAlexander Childe [Chiles]Lewes TateEdward Ditchfeilde [Ditchfield]James SwifteRichard Widdowes, goldesmithEdmonde Brundell[8][Brudenell]John Hanford [Hansford]Edward WoollerWilliam Palmer, haberdasherJohn BadgerJohn HodgsonPeter Monnsill [Mounsel]John Carrill [Carril]John Busbridge [Bushridge]William Dunn [Dun]Thomas JohnsonNicholas BensonThomas ShiptonNathaniell WadeRandoll Wettwood [Wetwood]Mathew DequesterCharles HawkinsHugh HamersleyAbraham CartwrightGeorge Bennett [Bennet]William Cattor [Cater]Richard GoddartHenrie CromwellPhinees Pett [Pet]Roberte Cooper[9]Henrie Neite [Newce]Edward Wilks [Wilkes]Roberte BatemanNicholas FarrarJohn NewhouseJohn CasonThomas Harris, gentlemanGeorge Etheridge, gentlemanThomas Mayle, gentlemanRichard Stratford [Stafford]ThomasRichard CooperJohn Westrowe [Westrow]Edward Welshe [Welch]Thomas Brittanie [Britain]Thomas Knowls [Knowles]Octavian ThorneEdmonde Smyth [Smith]John MarchEdward CarewThomas PleydallRichard Lea [Let]Miles PalmerHenrie PriceJohn Josua, gentleman [Joshua]William Clawday [Clauday]Jerome PearsyeJohn Bree, gentlemanWilliam HampsonChristopher PickfordThomas HuntThomas TrustonChristopher Lanman [Salmon]John Haward, clerke [Howard]Richarde PartridgeAllen Cotton [Cassen]Felix WilsonThomas Colethurst [Bathurst]George WilmerAndrew WilmerMorrice LewellinThomas Jedwin [Godwin]Peter BurgoyneThomas BurgoyneRoberte BurgoyneRoberte Smithe, merchauntaylor [Smith]Edward Cage, grocerThomas Canon, gentleman [Cannon]William Welby, stacionerClement Wilmer, gentlemanJohn Clapham, gentlemanGiles Fraunces, gentleman [Francis]George Walker, sadlerJohn Swinehowe, stacioner [Swinhow]Edward Bushoppe, stacioner [Bishop]Leonard White, gentlemanChristopher Barron [Baron]Peter BensonRichard Smyth [Smith]George Prockter, minister [Proctor]Millicent Ramesden, widowe [Ramsdent]Joseph SoaneThomas Hinshawe [Hinshaw]John BakerRobert Thorneton [Thornton]John Davies [Davis]Edward Facett [Facet]George Nuce, gentleman [Newce]John RobinsonCaptaine Thomas WoodWilliam Browne, shoemaker [Brown]Roberte Barker, shoemakerRoberte Penington [Pennington]Francis Burley, ministerWilliam Quick, grocerEdward Lewes, grocer [Lewis]Laurence Campe, draperAden Perkins, grocerRichard Shepparde, preacher [Shepherd]William Sheckley, haberdasher [Sherley]William Tayler, haberdasher [Taylor]Edward Lukyn, gentleman [Edwin Lukin]John Francklyn, haberdasher [Franklyn]John Southicke [Southwick]Peter PeateGeorge Johan, iremonngerGeorge Yardley, gentleman [Yeardley]Henrie Shelly [Shelley]John Pratt [Prat]Thomas Church, draperWilliam Powell, gentleman [Powel]Richard Frithe, gentleman [Frith]Thomas Wheeler, draperFranncis Hasilerigg, gentleman [Haselrig]Hughe Shippley, gentleman [Shipley]John Andrewes, thelder, [doctor], of Cambridge [Andrews]Franncis Whistley, gentleman [Whistler]John Vassall, gentlemanRichard HowleEdward Barkeley, gentleman [Berkeley]Richard Knerisborough, gentleman [Keneridgburg]Nicholas Exton, draperWilliam 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 GallJohn Marten, gentleman [Martin]Thomas FoxLuke LodgeJohn Woodleefe, gentleman [Woodliffe]Rice Webb [Richard]Vincent Lowe [Low]Samuell Burnam [Burnham]Edmonde Pears, haberdasherJosua Goudge [John Googe]John St. JohnEdwarde VaughanWilliam DunnThomas Alcock [Alcocke]John Andrewes, the younger, of Cambridge [Andrews]Samuell Smithe [Smith]Thomas Jerrard [Gerrard]Thomas WhittinghamWilliam Cannynge [Canning]Paule Caminge [Canning]George Chaudler [Chandler]Henrye VincentThomas KetleyJames SkeltonJames Montain [Mountaine]George Webb, gentlemanJosephe Newbroughesmith [Joseph Newbridge, smith]Josias Mande [Mand]Raphe Haman, the younger [Hamer]Edward Brewster, the sonne of William BrewsterLeonard Harwood, mercerPhillipp DruerdentWilliam CarpenterTristram HillRoberte Cock, grocerLaurence Grene, grocer [Greene]Daniell Winche, grocer [Samuel Winch]Humfrey Stile, grocerAverie Dransfeild, grocer [Dransfield]Edwarde Hodges, grocerEdward Beale, grocer[10]Raphe Busby, grocer[11]John Whittingham, grocerJohn Hide, grocerMathew Shipperd, grocer [Shepherd]Thomas Allen, grocerRichard Hooker, grocerLaurence Munckas, grocer [Munks]John Tanner, grocerPeter Gate, grocerJohn Blunt, grocer[12]Roberte Berrisford, grocer[13]Thomas Wells, gentleman[14]John Ellis, grocerHenrie Colthurst, grocerJohn Cranage, grocer [Cavady]Thomas Jenings, grocer [Jennings]Edmond Peshall, grocer [Pashall]Timothie Bathurst, grocerGyles Parslowe, grocer[15][Parslow]Roberte Johnson, grocer [Richard]William Janson, vintener [Johnson]Ezechiell SmithRichard Murrettone [Martin]William SharpeRoberte Ritche [Rich]William Stannerd, inholder [Stannard]John StockenWilliam Strachey, gentlemanGeorge Farmer, gentlemanThomas Gypes, clothworkerAbraham Dawes, gentleman [Davies]Thomas Brockett, gentleman [Brocket]George Bathe, fishmonger [Bache]John Dike, fishmongerHenrie SprangerRichard Farringdon [Farrington]Chistopher Vertue, vintenerThomas Baley, vintener [Bayley]George Robins, vintenerTobias Hinson, grocerUrian Spencer [Vrian]Clement Chachelley [Chicheley]John Searpe, gentleman [Scarpe]James Cambell, iremonnger [Campbell]Christopher Clitherowe, iremonnger [Clitheroe]Phillipp JacobsonPeter Jacobson, of AndwarpeWilliam Barckley [Berkeley]Miles Banck, cutler [Banks]Peter Highley, grocer [Higgons]Henrie John, gentlemanJohn Stoakley, merchauntailor [Stokeley]The companie of mercersThe companie of grocersThe companie of drapersThe company of fishmongersThe companie of gouldsmithesThe companie of skynnersThe companie merchauntailorsThe companie of haberdashersThe companie of saltersThe companie of iremongersThe companie of vintnersThe companie of clothworkersThe companie of dyersThe companie of bruersThe companie of lethersellersThe companie of pewterersThe companie of cutlersThe companie of whitebakersThe companie of waxchaundlersThe companie of tallowe chaundlersThe companie of armorersThe companie of girdlersThe companie of butchersThe companie of sadlersThe companie of carpentersThe companie of cordwaynersThe companie of barbor chirurgionsThe companie of painter staynersThe companie of curriersThe companie of masonsThe companie of plumbersThe companie of inholdersThe companie of foundersThe companie of poulterersThe companie of cookesThe companie of coopersThe companie of tylers and bricklayersThe companie of bowyersThe companie of fletchersThe companie of blacksmithesThe companie of joynersThe companie of weaversThe companie of wollmenThe companie of woodmonngersThe companie of scrivenorsThe companie of fruterersThe companie of plasterersThe companie of brownebakersThe companie of stacionersThe companie of imbroderersThe companie of upholstersThe companie of musicionsThe companie of turners[16]The companie of baskettmakersThe companie of glasiersJohn Levett, merchaunt [Levet]Thomas Nornicott, clothworker [Nornicot]Richard Venn, haberdasherThomas Scott, gentleman [Scot]Thomas Juxson, merchauntaylor [Juxon]George HankinsonThomas Leeyer, gentleman [Seyer]Mathew CooperGeorge Butler, gentlemanThomas Lawson, gentlemanEdward Smith, haberdasherStephen SparroweJohn Jones, merchaunt[John] Reynold, brewer [Reynolds]Thomas Plummer, merchauntJames Duppa, bruerRowland Coytemore [Coitmore]William Sotherne [Southerne]George Whittmoore, haberdasher [Whitmore]Anthonie Gosoulde, the younger [Gosnold]John Allen, fishemongerSymonde Yeomans, fishmonger [Simon]Launcelot Davis, gentlemanJohn Hopkins, an alderman of BristollJohn Kettlebye, gentleman [Kettleby]Richard Chene, gouldsmithe [Clene]George Hooker, gentlemanRoberte Shevinge, yeoman [Chening]
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 SouthamptonWilliam, Earl of PembrookeHenrie, Earl of LincolnThomas, Earl of ExeterRoberte, Lord Viscounte LisleLord Theophilus HowardJames, Lord Bishopp of Bathe and WellsEdward, Lord ZoucheThomas, Lord LawareWilliam, Lord MounteagleEdmunde, Lord SheffeildeGrey, Lord Shanndoys [Chandois][17]John, Lord StanhopeGeorge, Lord CarewSir Humfrey Welde, Lord Mayor of LondonSir Edward CecilSir William Waad [Wade]Sir Henrie NevillSir Thomas SmithSir Oliver CromwellSir Peter ManwoodSir Thomas ChallonerSir Henrie Hovarte [Hobart]Sir Franncis BaconSir George CoppinSir John ScottSir Henrie CareySir Roberte Drurie [Drury]Sir Horatio VereSir Eward Conwaye [Conway]Sir Maurice Berkeley [Barkeley]Sir Thomas GatesSir Michaele Sands [Sandys]Sir Roberte Mansfeild [Mansel]Sir John TrevorSir Amyas PrestonSir William GodolphinSir Walter CopeSir Robert KilligreweSir Henrie Faushawe [Fanshaw]Sir Edwyn Sandes [Sandys]Sir John WattsSir Henrie MontagueSir William RomneySir Thomas RoeSir Baptiste HicksSir Richard WilliamsonSir Stephen Powle [Poole]Sir Dudley DiggsChristopher Brooke, [Esq.]John Eldred, andJohn Wolstenholme
shalbe oure Counsell for the said Companie of Adventurers and Planters in Virginia.
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.
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.
[5]All names in brackets supplied from text in Stith.
[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, SirEdward Sands, orSandis, 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."
[7]Omitted from Stith.
[8]Between this name and that following Stith adds: "Edward Burwell."
[9]Between this name and that following Stith adds: "John Cooper."
[10]Between this name and that following Stith adds: "Thomas Culler, grocer."
[11]Name given twice in P. R. O. transcript.
[12]Between this name and that following Stith adds: "Robert Phips, grocer."
[13]Name given twice in P. R. O. transcript.
[14]Stith reads: "Thomas Wells, grocer."
[15]Between this name and that following Stith adds: "Robert Milmay, grocer."
[16]Following this Stith adds: "The Company of Gardiners."
[17]All names in brackets are taken from the text in Stith.
[18]Stith's footnote: "It isand beingin 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."
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.