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.
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.
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]
George, Lord Archbishopp of CanterburyGilbert, Earle of ShrewsberryMary, Countesse of ShrewesbeiryElizabeth, Countesse of DerbyMargarett, Countesse of ComberlandHenry, Earle of HuntingdonEdward, Earle of BeddfordLucy, Countesse of BedfordMarie, Countesse of PembrokeRichard, Earle of ClanrickardLady Elizabeth GraieWilliam, Lord Viscount CramborneWilliam, Lord Bishopp of DuresmeHenry, Lord Bishopp of WorceterJohn, Lord Bishopp of OxonfordWilliam, Lord PagettDudley, Lord NorthFranncis, Lord NorriesWilliam, Lord KnollisJohn, Lord HarringtonRobert, Lord SpencerEdward, Lord DennyWilliam, Lord CavendisheJames, Lord HayElianor, Lady Cave [Carre]Maistres Elizabeth Scott, widdowEdward Sackvill, EsquierSir Henry Nevill, of Aburgavenny, KnightSir Robert Riche, KnightSir John Harrington, KnightSir Raphe Wimwood, KnightSir John Graie, KnightSir Henry Riche, KnightSir Henry Wotton, KnightPeregrine Berly, Esquier [Berty]Sir Edward Phelipps, Knight, Maister of the RollsSir Moile Finche, KnightSir Thomas Mansell, KnightSir John St. John, KnightSir Richard Spencer, KnightSir Franncis Barrington, KnightSir George Carie of Devonshire, KnightSir William Twisden, KnightSir John Leveson, KnightSir Thomas Walsingham, KnightSir Edward Care, KnightSir Arthure Manwaringe, KnightSir Thomas Jermyn, KnightSir Valentine Knightley, KnightSir John Dodderidge, KnightSir John Hungerford, KnightSir John Stradling, KnightSir John Bourchidd, Knight [Bourchier]Sir John Bennett, KnightSir Samuel Leonard, KnightSir Franncis Goodwin, KnightSir Wareham St. Legier, KnightSir James Scudamore, KnightSir Thomas Mildmaie, KnightSir Percivall Harte, KnightSir Percivall Willoughby, KnightSir Franncis Leigh, KnightSir Henry Goodere, KnightSir John Cutt, KnightSir James Parrett, KnightSir William Craven, KnightSir John Sammes, KnightSir Carey Raleigh, KnightSir William Maynard, KnightSir Edmund Bowyer, KnightSir William Cornewallis, KnightSir Thomas Beomont, KnightSir Thomas Cunningsby, KnightSir Henry Beddingfeild, KnightSir David Murray, KnightSir William Poole, KnightSir William Throgmorton, KnightSir Thomas Grantham, KnightSir Thomas Stewkley, KnightSir Edward Heron, KnightSir Ralph Shelten, KnightSir Lewes Thesam, KnightSir Walter Aston, KnightSir Thomas Denton, KnightSir Ewstace Hart, KnightSir John Ogle, KnightSir Thomas Dale, KnightSir William Boulstrod, KnightSir William Fleetwood, KnightSir John Acland, KnightSir John Hanham, KnightSir Roberte Meller, Knight [Millor]Sir Thomas Wilford, KnightSir William Lower, KnightSir Thomas Lerdes, Knight [Leedes]Sir Franncis Barneham, KnightSir Walter Chate, KnightSir Thomas Tracy, KnightSir Marmaduke Darrell, KnightSir William Harrys, KnightSir Thomas Gerrand, KnightSir Peter Freetchvile, KnightSir Richard Trevor, KnightSir Amias BamfeildSir William Smith of Essex, KnightSir Thomas Hewett, KnightSir Richard Smith, KnightSir John Heyward, KnightSir Christopher Harris, KnightSir John Pettus, KnightSir William Strode, KnightSir Thomas Harfleet, KnightSir Walter Vaughan, KnightSir William Herrick, KnightSir Samuell Saltonstall, KnightSir Richard Cooper, KnightSir Henry Fane, KnightSir Franncis Egiok, KnightSir Robert Edolph, KnightSir Arthure Harries, KnightSir George Huntley, KnightSir George Chute, KnightSir Robert Leigh, KnightSir Richard Lovelace, KnightSir William Lovelace, KnightSir Robert Yaxley, KnightSir Franncis Wortley, KnightSir Franncis Heiborne, KnightSir Guy Palme, KnightSir Richard Bingley, KnightSir Ambrose Turvill, KnightSir Nicholas Stoddard, KnightSir William Gree, KnightSir Walter Coverte, KnightSir Thomas Eversfeild, KnightSir Nicholas Parker, KnightSir Edward Culpeper, KnightSir William Ayliffe, Knight, andSir John Keile, KnightDoctor George Mountaine, Dean of WestminsterLawrence Bohan, Docktor in PhisickAnthony Hinton, Doctor in PhisickJohn PawlettArthure IngramAnthony IrbyJohn WeldJohn WalterJohn HarrisAnthony DyottWilliam RavenscrofteThomas WarreWilliam HackwillLawrence HideNicholas HideThomas StevensFranncis TateThomas CoventryJohn HareRobert AskwithGeorge SanndysFranncis JonesThomas WentworthHenry CromewellJohn ArundellJohn CulpeperJohn HoskinsWalter Fitz WilliamsWalter KirkhamWilliam RoscarrockRichard CarmerdonEdward CarneThomas MerryNicholas LichfeildJohn MiddletonJohn Smithe, andThomas Smith, the sonnes of Sir Thomas SmithPeter FrankeGeorge GerrandGregory SprynteJohn DrakeRoger PulestonOliver NicholasRichard Nunnington [Monyngton]John VaughanJohn EvelinLamorock StradlingJohn RiddallJohn KettlebyWarren TownsendLionell CranfeildEdward SalterWilliam LittonHumfrey MayGeorge ThorpeHenry Sandys, andEdwin Sandys, the sonnes of Sir Edwin SandysThomas ConwayCaptaine Owen GwinnCaptaine Giles HawkridgeEdward DyerRichard ConnockBenjamin BrandRichard Leigh, andThomas Pelham, EsquiersThomas Digges, andJohn Digges, Esquiers, the sonnes of Sir Dudley Diggs, KnightFranncis BradleyRichard Buckminster [Buck]Franncis BurleyJohn ProcterAlexannder WhitakersThomas Frake, thelder, andHenry Freake, thelder, Ministers of God's wordThe mayor and citizens of ChichesterThe mayor and jurates of DoverThe bailiffs, burgesses and comonalty of IpswichThe mayor and comunalty of Lyme RegisThe mayor and comonalty of SandwichThe wardens, assistants and companie of the Trinity HouseThomas MartinFranncis SmalemanAugustine StewardRichard TomlinsHumfrey JobsonJohn LegateRobert Backley [Barkley]John CroweEdward Backley [Barkley]William Flett [Fleet]Henry WolstenholmeEdmund AlleynGeorge TuckerFranncis GlanvilleThomas GougeJohn EvelinWilliam HallJohn SmitheGeorge SammsJohn RobinsonWilliam TuckerJohn Wolstenholme, andHenry Wolstenholme, sonnes of John Wolstenholme, EsquierWilliam HodgesJonathan Mattall [Nuttall]Phinees PettCaptaine John KingeCaptaine William BeckGiles AlingtonFranncis Heiton, andSamuell Holliland, gentlemanRichard ChamberlaineGeorge ChamberlaineHewett StaperHumfrey HandfordRaph FreemanGeorge Twinhoe [Swinhoe]Richard PigottElias RobertsRoger HarrisDevereux WoganEdward BaberWilliam GreenewellThomas Stilles [Shilds]Nicholas HookerRobert GarsettThomas CordellWilliam BrightJohn ReynoldPeter BartleyJohn WillettHumfry SmitheRoger DyeNicholas LeateThomas WaleLewes TateHumfrey MerrettRoberte PeakePowell IsaacksonSebastian ViccarsJarvis MundesRichard WarnerGresham Hogan WarnerDaniell DeruleyAndrew TroughtonWilliam BarrettThomas HodgesJohn DownesRichard HarperThomas FoxallWilliam HaseldenJames HarrisonWilliam BurrellJohn HodsallRichard FishborneJohn MillerEdward CookeRichard Hall, marchauntRichard Hall, ankersmithJohn DelbridgeRichard FrancklinEdmund ScottJohn BrittenRobert StrattEdmund PondEdward JamesRobert BellRichard HerneWilliam FerrersWilliam MillettAnthony AbdyRoberte GoreBenjamin DecrowHenry Tunberley [Timberly]Humfrey BasseAbraham SpeckartRichard MoorerWilliam ComptonRichard Poulsoune [Pontsonne]William WolastonJohn Desmont, clothier [Beomont]Alexannder ChildeWilliam Fald, fishmongerFranncis BaldwinJohn Jones, marchantThomas PlomerEdward Plomer, marchantsJohn StoickdenRobert TindallPeter ErundellRuben BourneThomas Hampton, andFranncis 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 MontgomeryWilliam, Lord PagetSir John Harrington, KnightSir William Cavendish, KnightSir John Sammes, KnightSir Samuell Sandys, KnightSir Thomas Freke, KnightSir William St. John, KnightSir Richard Grobham, KnightSir Thomas Dale, KnightSir Cavalliero Maycott, KnightRichard Martin, EsquierJohn Bingley, EsquierThomas Watson, Esquier, andArthure 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.
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.
[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'sGenesis.
[20]Stith gives the following names only: "Philip, Earl of Mongomery, William, Lord Paget, Sir John Starrington, Knt. &c."
(Sometimes called "The Great Charter")[21]
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.
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 NativesKonwan, 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[24a]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[24b]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[24c]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[24d]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[25a]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[25b]that all grants of[25c]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[25d]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.