The Project Gutenberg EBook of The Three Charters of the Virginia Company
of London, by Virginia 350th Anniversary Celebration Corporation

This eBook is for the use of anyone anywhere at no cost and with
almost no restrictions whatsoever.  You may copy it, give it away or
re-use it under the terms of the Project Gutenberg License included
with this eBook or online at www.gutenberg.net


Title: The Three Charters of the Virginia Company of London
       With Seven Related Documents; 1606-1621

Author: Virginia 350th Anniversary Celebration Corporation

Release Date: May 21, 2011 [EBook #36181]

Language: English

Character set encoding: ASCII

*** START OF THIS PROJECT GUTENBERG EBOOK CHARTERS--VIRGINIA CO. OF LONDON ***




Produced by Mark C. Orton, Carol Ann Brown and the Online
Distributed Proofreading Team at http://www.pgdp.net.





  THE THREE CHARTERS OF THE
  VIRGINIA COMPANY OF LONDON

  With Seven Related Documents;

  1606-1621

  With an introduction by

  Samuel M. Bemiss
  President, Virginia Historical Society


  VIRGINIA 350TH ANNIVERSARY CELEBRATION CORPORATION
  WILLIAMSBURG, VIRGINIA
  1957

  COPYRIGHT(C), 1957 BY
  VIRGINIA 350TH ANNIVERSARY CELEBRATION
  CORPORATION, WILLIAMSBURG, VIRGINIA

  Jamestown 350th Anniversary
  Historical Booklet Number 4




  CONTENTS



  Introduction                                                  v

  The First Charter, April 10, 1606                             1

  Articles, Instructions and Orders
    November 20, 1606                                          13

  Ordinance and Constitution, March 9, 1607                    23

  The Second Charter, May 23, 1609                             27

  Virginia Council Instructions to
    Sir Thomas Gates, May, 1609                                55

  Virginia Council Instructions to
    Sir Thomas West, 1609/10                                   70

  The Third Charter, March 12, 1612                            76

  Virginia Company Instructions to
    Sir George Yeardley, November 18, 1618                     95
    (Sometimes called "The Great Charter")

  Virginia Company Instructions to Governor and
    Council in Virginia, July 24, 1621                        109

  Treasurer and Company. An Ordinance and Constitution
    for Council and Assembly in Virginia, July 24, 1621       126




INTRODUCTION


Historians may trace in the Royal charters issued to the Virginia
Company of London a course of empire; a Company organized for profit by
the ablest businessmen of their time--merchants, manufacturers,
statesmen, and artists who bound themselves together in a joint stock
enterprise. The historian may also find in the three charters here
published a pattern for a parliamentary system and its development into
the American form of government. He might even perceive the inception of
a new society.

The origin of the joint stock company was probably primitive. Its later
genesis may readily be seen in the medieval guild. It became an English
institution in its application by Sir Walter Raleigh to his magnificent
adventures in both honest trade and romantic piracy.

The Company provided an agency for assembling adventure capital and
supplying able management to enterprises of great moment. It offered an
invitation to the industrious to participate in the growing wealth and
expanding power of the great English middle class. It supplied an
opportunity to small investors and it limited their liability. It was an
adaptation by practical people to practical problems.

Subscribers, or shareholders, met in their quarterly courts to discuss
the business of the Company and participate in its management. These
courts were the counterpart of our present day corporate stockholders'
meetings and were characterized by the same sort of discussions. King
James could protest vehemently against the "democratical principles of
the Company." He could see in their charters the final death warrant of
feudalism. He could execute Raleigh "chiefly for giving satisfaction to
the King of Spain." He could revoke the charters in 1624, but he could
not stop the rising tide of representative institutions nor darken the
great vision of the liberal Elizabethans. A new day had dawned.

The General Assembly which met at Jamestown in 1619 was the natural
child of the Company. Some of the planters along the James River were
shareholders in the Company. They had a voice in its management. In the
management of the civil affairs of the Colony it was, therefore, logical
that the plantations should elect their representatives to the local
governing body. It was thus that the first freely elected parliament of
a self-governing people in the Western World came into existence. Its
principles were based on those of the corporation chartered and
organized for profit by businessmen.

The three charters here published, changed successively to meet changing
conditions, were the rules and the by-laws for the commercial, economic,
and political development of a homogeneous, industrious English society
in a land of opportunity. The principal authors and executors of the
charters, Sir Thomas Smith and Sir Edwin and George Sandys, were
businessmen. They were practical men. They found a practical way to
assemble capital and ability, and coordinate them in constructive
enterprise.

A hundred years before the great Virginia adventure, Luther, Erasmus,
and Columbus rang down the curtain on the weary and confined drama of
the Middle Ages. Expanding horizons challenged man's vision and
intellect. Great courage made Englishmen adventurers in all things.

The charters here presented are among the world's great documents. The
first which was drawn while Sir Edward Coke was Lord Chief Justice is
replete with certain traditional and feudal principles, reverence for
the English common law and the supreme authority of the King and his
agents. The second, principally the work of the liberal Sir Edwin Sandys
with the approving participation of Sir Francis Bacon, great exponent of
natural law, marks a transition from government by arbitrary royal
authority to the concept that government rests on the consent of the
governed and on the fundamental right of man to enjoy the fruits of his
labor. Students may read in this charter the first principles of the
American Constitution. The third charter is an attempt to refine
principles enunciated in the second in the light of experience. In
addition to its political significance, the second charter proved a
tremendous stimulus to the Virginia enterprise.

Gondomar, the Spanish Ambassador, wrote to his King that "fourteen
Counts and Barons have given 40,000 ducats, the merchants give much more
and there is no poor little man or woman who is not willing to subscribe
something." The landed aristocracy, gentry, merchants, and yeomen had
joined in a company which they directed to provide capital and ability
for a great enterprise.

The text of the three charters of the Virginia Company is taken from a
contemporary copy recently discovered among the Chancery Rolls of the
Public Record Office in London--contemporary enrollments "representing
the official text of the charters kept in official custody," according
to the Deputy Keeper, Mr. D. L. Evans. A photostatic copy of this
manuscript is in possession of the Virginia State Library. Each charter
was transcribed in England by Doctor Nellie J. M. Kerling for the
editor's use.

Heretofore scholars have had access to the charters only through the
text in William Stith's _The History of the First Discovery and
Settlement of Virginia_ (Williamsburg, Printed by William Parks, 1747),
in sources based upon this, or in Alexander Brown's _The Genesis of the
United States_ (Boston, 1890).

No original of any of the charters is known to exist, although other
copies of varying degrees of completeness have been located in England
and on the continent. One copy, made with the authority of the Governor,
Council, and House of Burgesses of the Colony, was used as evidence to
support a petition against Lord Culpeper's land grants. This is included
in the Henry Coventry papers in the library of the Marquess of Bath at
Longleat, Wiltshire, England (Vol. LXXVI, _Papers relating to Virginia,
Barbados, and other Colonies, 1606-1675_). These documents have been
microfilmed by the American Council of Learned Societies, "British
Manuscripts Project." Many of them will soon be published by the
Virginia Historical Society under the editorship of Dr. W. E. Washburn.

Another copy of the charters is in the Public Record Office, "Entry
books of letters, commissions, instructions, charters, warrants,
patents, grants, etc." (formerly "Record book No. LXXIX"), an abstract
of which appears in the _Calendar of State Papers, Colonial Series_,
Vol. I. Microfilm copies of this text are in the Library of Congress and
the Virginia State Library. Other copies have recently been discovered
in France and Spain by Dr. George Reese who has been employed by the
Virginia 350th Anniversary Celebration Corporation to search foreign
libraries for documentary material pertinent to the study of 17th
century Virginia. Ultimately, microfilm copies of these records will be
made available to research libraries in the United States.

The seven accompanying documents, included to illustrate the practical
rather than theoretical basis of the administration of the Colony, have
been taken from the best available manuscript or printed source. These
official papers, together with the three charters of the Virginia
Company, may be termed the constitutions and are the basic sources for
the study of the Colony during the first fifteen years of its existence.

A few necessary liberties have been taken in transcribing these
documents: abbreviations and contractions have been spelled out,
capitalization and punctuation have been adjusted according to modern
usage and, to prevent possible confusion, certain letters used
interchangeably (such as "i" and "j", "v" and "u") are employed
according to twentieth century practice. In the text of the three
charters, omitted words or phrases have been supplied in brackets from
the text in Stith. Brackets are also employed to supply the name of an
adventurer if there is any deviation in spelling between Stith and the
manuscript version: _e.g._, "Sir Charles Willmott, Knight [Wilmot]."

This publication owes its issuance to the inspiration and leadership
furnished by Dr. Earl G. Swem, Librarian Emeritus of the College of
William and Mary. I should like also to acknowledge the faithful
transcription of the text by Dr. Nellie J. N. Kerling, and the deep
interest and active support of Dr. Gertrude R. B. Richards, who most
patiently assisted in the transcription; also to Mr. Francis L.
Berkeley, Jr., Archivist of the Alderman Library, University of Virginia
and to Mr. John M. Jennings, Director of the Virginia Historical
Society. To Mr. James A. Servies, Reference Librarian of the Library of
William and Mary College, has fallen the arduous and difficult task of a
comparative, detailed study of all the texts in the different versions.
The printed text in these pages is from a typed copy by Mr. Servies,
prepared with the most painstaking application, as the result of the
comparison of copies transcribed by Dr. Kerling and Dr. Richards, and of
the printed pages in Stith. The merit of an accurate and readable text
must be ascribed to the industry and scholarly perception of Mr.
Servies.


                   SAMUEL M. BEMISS




  THE THREE CHARTERS OF THE VIRGINIA
  COMPANY OF LONDON




THE FIRST CHARTER

APRIL 10, 1606


James, by the grace of God [King of England, Scotland, France, and
Ireland, Defender of the Faith], etc. Whereas our loving and weldisposed
subjects, Sir Thomas Gates and Sir George Somers, Knightes; Richarde
Hackluit, Clarke, Prebendarie of Westminster; and Edwarde Maria
Winghfeilde,[1] Thomas Hannam and Raleighe Gilberde, Esquiers; William
Parker and George Popham, Gentlemen; and divers others of our loving
subjects, have been humble sutors unto us that wee woulde vouchsafe unto
them our licence to make habitacion, plantacion and to deduce a colonie
of sondrie of our people into that parte of America commonly called
Virginia, and other parts and territories in America either appartaining
unto us or which are not nowe actuallie possessed by anie Christian
prince or people, scituate, lying and being all along the sea coastes
between fower and thirtie degrees of northerly latitude from the
equinoctiall line and five and fortie degrees of the same latitude and
in the maine lande betweene the same fower and thirtie and five and
fourtie degrees, and the ilandes thereunto adjacente or within one
hundred miles of the coaste thereof;

    [Footnote 1: Throughout, this and the following two names
    are spelled as "Wingfield," "Hanham," and "Gilbert" in
    Stith.]

And to that ende, and for the more speedy accomplishemente of theire
saide intended plantacion and habitacion there, are desirous to devide
themselves into two severall colonies and companies, the one consisting
of certaine Knightes, gentlemen, marchanntes and other adventurers of
our cittie of London, and elsewhere, which are and from time to time
shalbe joined unto them which doe desire to begin theire plantacions and
habitacions in some fitt and conveniente place between fower and thirtie
and one and fortie degrees of the said latitude all alongest the coaste
of Virginia and coastes of America aforesaide; and the other consisting
of sondrie Knightes, gentlemen, merchanntes, and other adventurers of
our citties of Bristoll and Exeter, and of our towne of Plymouthe, and
of other places which doe joine themselves unto that colonie which doe
desire to beginn theire plantacions and habitacions in some fitt and
convenient place betweene eighte and thirtie degrees and five and fortie
degrees of the saide latitude all alongst the saide coaste of Virginia
and America as that coaste lieth;

Wee, greately commending and graciously accepting of theire desires to
the furtherance of soe noble a worke which may, by the providence of
Almightie God, hereafter tende to the glorie of His Divine Majestie in
propagating of Christian religion to suche people as yet live in
darkenesse and miserable ignorance of the true knoweledge and worshippe
of God and may in tyme bring the infidels and salvages living in those
parts to humane civilitie and to a setled and quiet govermente, doe by
theise our lettres patents graciously accepte of and agree to theire
humble and well intended desires;

And doe, therefore, for us, our heires and successors, grannte and agree
that the saide Sir Thomas Gates, Sir George Sumers, Richarde Hackluit
and Edwarde Maria Winghfeilde, adventurers of and for our cittie of
London, and all suche others as are or shalbe joined unto them of that
Colonie, shalbe called the Firste Colonie, and they shall and may
beginne theire saide firste plantacion and seate of theire firste aboade
and habitacion at anie place upon the saide coaste of Virginia or
America where they shall thincke fitt and conveniente betweene the saide
fower and thirtie and one and fortie degrees of the saide latitude; and
that they shall have all the landes, woods, soile, groundes, havens,
ports, rivers, mines, mineralls, marshes, waters, fishinges, commodities
and hereditamentes whatsoever, from the said first seate of theire
plantacion and habitacion by the space of fiftie miles of Englishe
statute measure all alongest the saide coaste of Virginia and America
towardes the weste and southe weste as the coaste lieth, with all the
islandes within one hundred miles directlie over againste the same sea
coaste; and alsoe all the landes, soile, groundes, havens, ports,
rivers, mines, mineralls, woods, marrishes [marshes], waters, fishinges,
commodities and hereditamentes whatsoever, from the saide place of
theire firste plantacion and habitacion for the space of fiftie like
Englishe miles, all alongest the saide coaste of Virginia and America
towardes the easte and northeaste [or toward the north] as the coaste
lieth, together with all the islandes within one hundred miles directlie
over againste the same sea coaste; and alsoe all the landes, woodes,
soile, groundes, havens, portes, rivers, mines, mineralls, marrishes,
waters, fishinges, commodities and hereditamentes whatsoever, from the
same fiftie miles everie waie on the sea coaste directly into the maine
lande by the space of one hundred like Englishe miles; and shall and may
inhabit and remaine there; and shall and may alsoe builde and fortifie
within anie the same for theire better safegarde and defence, according
to theire best discrecions and the direction of the Counsell of that
Colonie; and that noe other of our subjectes shalbe permitted or
suffered to plante or inhabit behinde or on the backside of them
towardes the maine lande, without the expresse licence or consente of
the Counsell of that Colonie thereunto in writing firste had or
obtained.

And wee doe likewise for us, our heires and successors, by theise
presentes grannte and agree that the saide Thomas Hannam and Raleighe
Gilberde, William Parker and George Popham, and all others of the towne
of Plymouthe in the countie of Devon, or elsewhere, which are or shalbe
joined unto them of that Colonie, shalbe called the Seconde Colonie; and
that they shall and may beginne theire saide firste plantacion and seate
of theire first aboade and habitacion at anie place upon the saide
coaste of Virginia and America, where they shall thincke fitt and
conveniente, betweene eighte and thirtie degrees of the saide latitude
and five and fortie degrees of the same latitude; and that they shall
have all the landes, soile, groundes, havens, ports, rivers, mines,
mineralls, woods, marishes, waters, fishinges, commodities and
hereditaments whatsoever, from the firste seate of theire plantacion and
habitacion by the space of fiftie like Englishe miles, as is aforesaide,
all alongeste the saide coaste of Virginia and America towardes the
weste and southwest, or towardes the southe, as the coaste lieth, and
all the islandes within one hundred miles directlie over againste the
saide sea coaste; and alsoe all the landes, soile, groundes, havens,
portes, rivers, mines, mineralls, woods, marishes, waters, fishinges,
commodities and hereditamentes whatsoever, from the saide place of
theire firste plantacion and habitacion for the space of fiftie like
miles all alongest the saide coaste of Virginia and America towardes the
easte and northeaste or towardes the northe, as the coaste liethe, and
all the islandes alsoe within one hundred miles directly over againste
the same sea coaste; and alsoe all the landes, soile, groundes, havens,
ports, rivers, woodes, mines, mineralls, marishes, waters, fishings,
commodities and hereditaments whatsoever, from the same fiftie miles
everie waie on the sea coaste, directlie into the maine lande by the
space of one hundred like Englishe miles; and shall and may inhabit and
remaine there; and shall and may alsoe builde and fortifie within anie
the same for theire better saufegarde according to theire beste
discrecions and the direction of the Counsell of that Colonie; and that
none of our subjectes shalbe permitted or suffered to plante or inhabit
behinde or on the backe of them towardes the maine lande without the
expresse licence or consente of the Counsell of that Colonie, in writing
thereunto, firste had and obtained.

Provided alwaies, and our will and pleasure herein is, that the
plantacion and habitacion of suche of the saide Colonies as shall laste
plante themselves, as aforesaid, shall not be made within one hundred
like Englishe miles of the other of them that firste beganne to make
theire plantacion, as aforesaide.

  [Illustration: Photo by T. L. Williams
  King James I
  from the painting by Paul Van Somer]

And wee doe alsoe ordaine, establishe and agree for [us], our heires and
successors, that eache of the saide Colonies shall have a Counsell which
shall governe and order all matters and causes which shall arise, growe,
or happen to or within the same severall Colonies, according to such
lawes, ordinannces and instructions as shalbe in that behalfe, given and
signed with our hande or signe manuell and passe under the Privie Seale
of our realme of Englande; eache of which Counsells shall consist of
thirteene parsons[2] and to be ordained, made and removed from time to
time according as shalbe directed and comprised in the same
instructions; and shall have a severall seale for all matters that shall
passe or concerne the same severall Counsells, eache of which seales
shall have the Kinges armes engraven on the one side there of and his
pourtraiture on the other; and that the seale for the Counsell of the
saide Firste Colonie shall have engraven rounde about on the one side
theise wordes: Sigillum Regis Magne Britanie, Francie [et] Hibernie; on
the other side this inscripture rounde about: Pro Consillio Prime
Colonie Virginie. And the seale for the Counsell of the saide Seconde
Colonie shall alsoe have engraven rounde about the one side thereof the
foresaide wordes: Sigillum Regis Magne Britanie, Francie [et] Hibernie;
and on the other side: Pro Consilio Secunde Colonie Virginie.

    [Footnote 2: _i.e._, "persons"]

And that alsoe ther shalbe a Counsell established here in Englande which
shall in like manner consist of thirteen parsons to be, for that
purpose, appointed by us, our heires and successors, which shalbe called
our Counsell of Virginia; and shall from time to time have the superior
managing and direction onelie of and for all matters that shall or may
concerne the govermente, as well of the said severall Colonies as of and
for anie other parte or place within the aforesaide precinctes of fower
and thirtie and five and fortie degrees abovementioned; which Counsell
shal in like manner have a seale for matters concerning the Counsell [or
Colonies] with the like armes and purtraiture as aforesaide, with this
inscription engraven rounde about the one side: Sigillum Regis Magne
Britanie, Francie [et] Hibernie; and rounde about the other side: Pro
Consilio Suo Virginie.

And more over wee doe grannte and agree for us, our heires and
successors, that the saide severall Counsells of and for the saide
severall Colonies shall and lawfully may by vertue hereof, from time to
time, without interuption of us, our heires or successors, give and take
order to digg, mine and searche for all manner of mines of goulde,
silver and copper, as well within anie parte of theire saide severall
Colonies as of the saide maine landes on the backside of the same
Colonies; and to have and enjoy the goulde, silver and copper to be
gotten there of to the use and behoofe of the same Colonies and the
plantacions thereof; yeilding therefore yerelie to us, our heires and
successors, the fifte parte onelie of all the same goulde and silver and
the fifteenth parte of all the same copper soe to be gotten or had, as
is aforesaid, and without anie other manner of profitt or accompte to be
given or yeilded to us, our heires or successors, for or in respecte of
the same.

And that they shall or lawfullie may establishe and cawse to be made a
coine, to passe currant there betwene the people of those severall
Colonies for the more ease of traffique and bargaining betweene and
amongest them and the natives there, of such mettall and in such manner
and forme as the same severall Counsells there shall limitt and
appointe. And wee doe likewise for us, our heires and successors, by
theise presents give full power and auctoritie to the said Sir Thomas
Gates, Sir George Sumers, Richarde Hackluit, Edwarde Maria Winghfeilde,
Thomas Hannam, Raleighe Gilberde, William Parker and George Popham, and
to everie of them, and to the saide severall Companies, plantacions and
Colonies, that they and everie of them shall and may at all and everie
time and times hereafter have, take and leade in the saide voyage, and
for and towardes the saide severall plantacions and Colonies, and to
travell thitherwarde and to abide and inhabit there in everie of the
saide Colonies and plantacions, such and somanie of our subjectes as
shall willinglie accompanie them, or anie of them, in the saide voyages
and plantacions, with sufficiente shipping and furniture of armour,
weapon, ordonnance, powder, victall, and all other thinges necessarie
for the saide plantacions and for theire use and defence there: provided
alwaies that none of the said parsons be such as hereafter shalbe
speciallie restrained by us, our heires or successors.

Moreover, wee doe by theise presents, for us, our heires and successors,
give and grannte licence unto the said Sir Thomas Gates, Sir George
Sumers, Richarde Hackluite, Edwarde Maria Winghfeilde, Thomas Hannam,
Raleighe Gilberde, William Parker and George Popham, and to everie of
the said Colinies, that they and everie of them shall and may, from time
to time and at all times for ever hereafter, for theire severall
defences, incounter or expulse, repell and resist, aswell by sea as by
lande, by all waies and meanes whatsoever, all and everie suche parson
and parsons as without espiciall licence of the said severall Colonies
and plantacions shall attempte to inhabit within the saide severall
precincts and limitts of the saide severall Colonies and plantacions, or
anie of them, or that shall enterprise or attempt at anie time hereafter
the hurte, detrimente or annoyance of the saide severall Colonies or
plantacions.

Giving and grannting by theise presents unto the saide Sir Thomas Gates,
Sir George Somers, Richarde Hackluite, and Edwarde Maria Winghfeilde,
and theire associates of the said Firste Colonie, and unto the said
Thomas Hannam, Raleighe Gilberde, William Parker and George Popham, and
theire associates of the saide Second Colonie, and to everie of them
from time to time and at all times for ever hereafter, power and
auctoritie to take and surprize by all waies and meanes whatsoever all
and everie parson and parsons with theire shipps, vessels, goods and
other furniture, which shalbe founde traffiqueing into anie harbor or
harbors, creeke, creekes or place within the limitts or precincts of the
saide severall Colonies and plantacions, not being of the same Colonie,
untill such time as they, being of anie realmes or dominions under our
obedience, shall paie or agree to paie to the handes of the Tresorer of
the Colonie, within whose limitts and precincts theie shall soe
traffique, twoe and a halfe upon anie hundred of anie thing soe by them
traffiqued, boughte or soulde; and being stranngers and not subjects
under our obeysannce, untill they shall paie five upon everie hundred of
suche wares and commoditie as theie shall traffique, buy or sell within
the precincts of the saide severall Colonies wherein theie shall soe
traffique, buy or sell, as aforesaide; which sommes of money or
benefitt, as aforesaide, for and during the space of one and twentie
yeres nexte ensuing the date hereof shalbe whollie imploied to the use,
benefitt and behoofe of the saide severall plantacions where such
trafficque shalbe made; and after the saide one and twentie yeres ended
the same shalbe taken to the use of us, our heires and successors by
such officer and minister as by us, our heires and successors shalbe
thereunto assigned or appointed.

And wee doe further, by theise presentes, for us, our heires and
successors, give and grannte unto the saide Sir Thomas Gates, Sir George
Sumers, Richarde Hachluit, and Edwarde Maria Winghfeilde, and to theire
associates of the saide Firste Colonie and plantacion, and to the saide
Thomas Hannam, Raleighe Gilberde, William Parker and George Popham, and
theire associates of the saide Seconde Colonie and plantacion, that
theie and everie of them by theire deputies, ministers and factors may
transport the goods, chattells, armor, munition and furniture, needfull
to be used by them for theire saide apparrell, defence or otherwise in
respecte of the saide plantacions, out of our realmes of Englande and
Irelande and all other our dominions from time to time, for and during
the time of seaven yeres nexte ensuing the date hereof for the better
releife of the said severall Colonies and plantacions, without anie
custome, subsidie or other dutie unto us, our heires or successors to be
yeilded or paide for the same.

Alsoe wee doe, for us, our heires and successors, declare by theise
presentes that all and everie the parsons being our subjects which shall
dwell and inhabit within everie or anie of the saide severall Colonies
and plantacions and everie of theire children which shall happen to be
borne within the limitts and precincts of the said severall Colonies and
plantacions shall have and enjoy all liberties, franchises and immunites
within anie of our other dominions to all intents and purposes as if
they had been abiding and borne within this our realme of Englande or
anie other of our saide dominions.

Moreover our gracious will and pleasure is, and wee doe by theise
presents, for us, our heires and successors, declare and sett forthe,
that if anie parson or parsons which shalbe of anie of the said Colonies
and plantacions or anie other, which shall trafficque to the saide
Colonies and plantacions or anie of them, shall at anie time or times
hereafter transporte anie wares, marchandize or commodities out of [any]
our dominions with a pretence and purpose to lande, sell or otherwise
dispose the same within anie the limitts and precincts of anie of the
saide Colonies and plantacions, and yet nevertheles being at the sea or
after he hath landed the same within anie of the said Colonies and
plantacions, shall carrie the same into any other forraine countrie with
a purpose there to sell or dispose of the same without the licence of
us, our heires or successors in that behalfe first had or obtained, that
then all the goods and chattels of the saide parson or parsons soe
offending and transporting, together with the said shippe or vessell
wherein suche transportacion was made, shall be forfeited to us, our
heires and successors.

Provided alwaies, and our will and pleasure is and wee doe hereby
declare to all Christian kinges, princes and estates, that if anie
parson or parsons which shall hereafter be of anie of the said severall
Colonies and plantacions, or anie other, by his, theire, or anie of
theire licence or appointment, shall at anie time or times hereafter
robb or spoile by sea or by lande or doe anie acte of unjust and
unlawfull hostilitie to anie the subjects of us, our heires or
successors, or anie of the subjects of anie king, prince, ruler,
governor or state being then in league or amitie with us, our heires or
successors, and that upon suche injurie or upon juste complainte of such
prince, ruler, governor or state or their subjects, wee, our heires or
successors, shall make open proclamation within anie the ports of our
realme of Englande, commodious for that purpose, that the saide parson
or parsons having committed anie such robberie or spoile shall, within
the terme to be limitted by suche proclamations, make full restitucion
or satisfaction of all suche injuries done, soe as the saide princes or
others soe complained may houlde themselves fully satisfied and
contented; and that if the saide parson or parsons having committed such
robberie or spoile shall not make or cause to be made satisfaction
accordingly with[in] such time soe to be limitted, that then it shalbe
lawfull to us, our heires and successors to put the saide parson or
parsons having committed such robberie or spoile and theire procurers,
abbettors or comfortors out of our allegeannce and protection; and that
it shalbe lawefull and free for all princes and others to pursue with
hostilitie the saide offenders and everie of them and theire and everie
of theire procurers, aiders, abbettors and comforters in that behalfe.

And finallie wee doe, for us, our heires and successors, grannte and
agree, to and with the saide Sir Thomas Gates, Sir George Sumers,
Richarde Hackluit and Edwarde Maria Winghfeilde, and all other of the
saide Firste Colonie, that wee, our heires or successors, upon peticion
in that behalfe to be made, shall, by lettres patents under the Greate
[Seale] of Englande, give and grannte unto such parsons, theire heires
and assignees, as the Counsell of that Colonie or the most part of them
shall for that purpose nomminate and assigne, all the landes, tenements
and hereditaments which shalbe within the precincts limitted for that
Colonie, as is aforesaid, to be houlden of us, our heires and successors
as of our mannor of Eastgreenwiche in the countie of Kente, in free and
common soccage onelie and not in capite.

And doe, in like manner, grannte and agree, for us, our heires and
successors, to and with the saide Thomas Hannam, Raleighe Gilberd,
William Parker and George Popham, and all others of the saide Seconde
Colonie, that wee, our heires [and] successors, upon petition in that
behalfe to be made, shall, by lettres patentes under the Great Seale of
Englande, give and grannte unto such parsons, theire heires and
assignees, as the Counsell of that Colonie or the most parte of them
shall for that purpose nomminate and assigne, all the landes, tenementes
and hereditaments which shalbe within the precinctes limitted for that
Colonie as is afore said, to be houlden of us, our heires and successors
as of our mannor of Eastgreenwich in the countie of Kente, in free and
common soccage onelie and not in capite.

All which landes, tenements and hereditaments soe to be passed by the
saide severall lettres patents, shalbe, by sufficient assurances from
the same patentees, soe distributed and devided amongest the undertakers
for the plantacion of the said severall Colonies, and such as shall make
theire plantacion in either of the said severall Colonies, in such
manner and forme and for such estates as shall [be] ordered and sett
[downe] by the Counsell of the same Colonie, or the most part of them,
respectively, within which the same lands, tenements and hereditaments
shall ly or be. Althoughe expresse mencion [of the true yearly value or
certainty of the premises, or any of them, or of any other gifts or
grants, by us or any our progenitors or predecessors, to the aforesaid
Sir Thomas Gates, Knt. Sir George Somers, Knt. Richard Hackluit,
Edward-Maria Wingfield, Thomas Hanham, Ralegh Gilbert, William Parker,
and George Popham, or any of them, heretofore made, in these presents,
is not made; or any statute, act, ordnance, or provision, proclamation,
or restraint, to the contrary hereof had, made, ordained, or any other
thing, cause, or matter whatsoever, in any wise notwithstanding.] In
witnesse wherof [we have caused these our letters to be made patents;]
witnesse our selfe at Westminister the xth day of Aprill [1606, in the
fourth year of our reign of England, France, and Ireland, and of
Scotland the nine and thirtieth.]

                   [Lukin]

         Exactum per breve de private sigillo [etc.]

P. R. O. Chancery Patent Rolls (c. 66), 1709; Stith, Appendix, pp. 1-8;
Hening's _Statutes_, Vol. I, pp. 57-66.




ARTICLES, INSTRUCTIONS AND ORDERS




NOVEMBER 20, 1606


    Articles, instructions and orders made, sett down and
    established by us the twentieth day of November, in the year
    of our raigne of England, France and Ireland the fourth and
    of Scotland the fortieth, for the good order and government
    of the two several Colonies and plantations to be made by
    our loving subjects in the country commonly called Virginia
    and America, between 34 and 45 degrees from the aequinoctial
    line.

Wheras wee, by our letters pattents under our Great Seale of England
bearing date att Westminster the tenth day of Aprill in the year of our
raigne of England, France and Ireland the fourth and of Scotland the
39th, have given lycence to sundry our loving subjects named in the said
letters pattents, and to their associates, to deduce and conduct two
several Collonies or plantations of sundry our loving people willing to
abide and inhabit in certaine parts of Virginia and America, with divers
preheminences, priviledges, authorities and other things, as in and by
the same letters pattents more particularly it appeareth; wee, according
to the effect and true meaning of the same letters pattents, doe by
these presents, signed with our hand, signe manuel and sealed with our
Privy Seale of our realme of England, establish and ordaine that our
trusty and welbeloved Sir William Wade, Knight, our Lieutanant of our
Tower of London; Sir Thomas Smith, Knight; Sir Walter Cope, Knight; Sir
George Moor, Knight; Sir Francis Popeham, Knight; Sir Ferdinando Gorges,
Knight; Sir John Trevor, Knight; Sir Henry Montague, Knight, Recorder of
the citty of London; Sir William Rumney, Knight; John Dodderidge, Esq.,
Solliciter General; Thomas la Warr, Esq.; John Eldred, of the citty of
London, merchant; Thomas James, of the citty of Bristol, merchant; and
James Bagge, of Plymouth, in the county of Devonshire, merchant; shall
be our Councel for all matters which shall happen in Virginia or any the
territories of America between 34 and 45 degrees from the aequinoctial
line northward and the islands to the several Collonies limitted and
assigned; and that they shal be called the King's Councel of Virginia,
which Councel or the most part of them shal have full power and
authority att our pleasure, in our name and under us, our heires and
successors, to give directions to the Councels of the several Colonies
which shal be within any part of the said country of Virginia and
America within the degrees first above mentioned, with the islands
aforesaid, for the good government of the people to be planted in those
parts and for the good ordering and disposing of all causes happening
within the same (and the same to be done for the substance thereof as
neer to the common lawes of England and the equity thereof as may be)
and to passe under our scale app[ointed][3] for that Councel, which
Councel and every or any of them shall from time to [time] be increased,
altered or changed and others put in their places att the [nomi]nation
of us, our heires and successors and att our and their will and
plea[sure]; and the same Councel of Virginia or the more part of them,
for the time bei[ng], shall nominate and appoint the first several
Councellours of those several Councells which are to be appointed for
those two several Colonies whi[ch are] to be made plantations in
Virginia and America between the degrees [before] mentioned, according
to our said letters pattents in that behalfe made; and that each of the
same Councels of the same several Colonies shal, by the major part of
them, choose one of the same Councel, not being the minister of God's
word, to be President of the same Councel and to continue in that office
by the space of one whole year, unlesse he shall in the mean time dye or
be removed from that office; and wee doe further hereby establish &
ordaine that it shal be lawful for the major part of either of the said
Councells, upon any just cause, either absence or otherwise, to remove
the President or any other of that Councel from being either President
or any of that Councel, and upon the deathes or removal of any of the
Presidents or Councel it shal be lawfull for the major part of that
Councel to elect another in the place of the party soe dying or removed,
soo alwaies as they shal not be above thirteen of either of the said
Councellours; and wee doe establish & ordaine that the President shal
not continue in his office of Presidentship above the space of one year;
and wee doe especially ordaine, charge and require the said Presidents
and Councells and the ministers of the said several Colonies
respectively, within their several limits and precincts, that they with
all diligence, care and respect doe provide that the true word and
service of God and Christian faith be preached, planted and used, not
only within every of the said several Colonies and plantations but alsoe
as much as they may amongst the salvage people which doe or shall
adjoine unto them or border upon them, according to the doctrine, rights
and religion now professed and established within our realme of England;
and that they shall not suffer any person or persons to withdrawe any of
the subjects or people inhabiting or which shall inhabit within any of
the said several Colonies and plantations from the same or from their
due allegiance unto us, our heires and successors, as their immediate
soveraigne under God; and if they shall find within any of the said
Colonies and plantations any person or persons soe seeking to withdrawe
any of the subjects of us, our heires or successors, or any of the
people of those lands or territories within the precincts aforesaid,
they shall with all diligence him or them soe offending cause to be
apprehended, arrested and imprisoned until he shall fully and throughly
reforme himselfe, or otherwise, when the cause soe requireth, that he
shall withall convenient speed be sent into our realme of England, here
to receive condigne punishment for his or their said offence or
offences; and moreover wee doe hereby ordaine and establish for us, our
heires and successors that all the lands, tenements and hereditaments to
be had and enjoyed by any of our subjects with the precincts aforesaid
shal be had and inherited and injoyed according as in the like estates
they be had & enjoyed by the lawes within this realme of England; and
that the offences of tumults, rebellion, conspiracies, mutiny and
seditions in those parts which maybe dangerous to the estates there,
together with murther, manslaughter, incest, rapes and adulteries
committed in those parts within the precincts of any the degrees above
mentioned (and noe other offences) shal be punished by death, and that
without the benefit of the clergy except in case of manslaughter, in
which clergie is to be allowed; and that the said several Presidents and
Councells and the greater number of them within every of the several
limits and precincts shall have full power and authority to hear and
determine all and every the offences aforesaid within the precinct of
their several Colonies, in manner and forme following, that is to say,
by twelve honest and indifferent persons sworne upon the Evangelists, to
be returned by such ministers and officers, as every of the said
Presidents and Councells, or the most part of them respectively, shall
assigne; and the twelve persons soe returned and sworne shall, according
to their evidence to be given unto them upon oath and according to the
truth in their consciences, either convict or acquit every of the said
persons soe to be accused & tried by them; and that all and every person
or persons which shall voluntarily confesse any of the said offences to
be committed by him shall, upon such his confession thereof, be
convicted of the same as if he had been found guilty of the same by the
verdict of any such twelve jurors, as is aforesaid; and that every
person and persons which shall be accused of any of the said offences
and which shall stand mute or refusing to make direct answer thereunto,
shall be and be held convicted of the said offence as if he had been
found guilty by the verdict of such twelve jurors, as aforesaid; and
that every person and persons soe convicted either by verdict, his own
confession or by standing mute or by refusing directly to answer as
aforesaid of any of the offences before mentioned, the said Presidents
or Councells, or the greatest number of them within their several
precincts and limitts where such conviction shall be had and made, as
aforesaid, shall have full power and authority by these presents to give
judgment of death upon every such offended [offender] without the
benefit of the clergy, except only in cause of manslaughter, and noe
person soe adjudged, attainted or condemned shall be reprived from the
execution of the said judgment without the consent of the said President
and Councel, or the most part of them by whom such judgment shall be
given; and that noe person shal receive any pardon or be absolutely
discharged of any the said offences for which he shall be condemned to
death, as aforesaid, but by pardon of us, our heires and successors,
under the Great Seale of England; and wee doe in like manner establish
and ordaine if any either of the said Collonies shall offend in any of
the offences before mentioned, within any part between the degrees
aforesaid, out of the precincts of his or their Collony, that then every
such offender or offenders shall be tried and punished as aforesaid
within his or their proper Colony; and that every the said Presidents
and Councells, within their several limits and precincts and the more
part of them, shall have power and authority by these presents to hear
and determine all and every other wrongs, trespasses, offences and
misdemeanors whatsoever, other than those before mentioned, upon
accusation of any person and proofe thereof made by sufficient witnesse
upon oath; and that in all those cases the said President and Councel,
and the greater number of them, shall have power and authority by these
presents respectively, as is aforesaid, to punish the offender or
offenders, either by reasonable corporal punishment and imprisonment or
else by a convenient fine, awarding damages, or other satisfaction to
the party grieved, as to the said President & Councel or to the more
part of them shall be thought fitt and convenient, having regard to the
quality of the offence or state of the cause; and that alsoe the said
President & Councel shall have power and authority by virtue of these
presents to punish all manner of excesse, through drunkennesse or
otherwaies, and all idle, loytering and vagrant persons which shall be
found within their several limits and precincts, according to their best
discretions and with such convenient punishment as they or the most part
of them shall think fitt; alsoe our will and pleasure [is], concerning
the judicial proceedings aforesaid, that the same shall be made and done
summarily and verbally without writing until it come to the judgment or
sentence, and yet, neverthelesse, our will and pleasure is that every
judgment and sentence hereafter to be given in any of the causes
aforesaid, or in any other of the said several Presidents and Councells
or the greater number of them within their several limits and precincts,
shall be breifely and summarily registred into a book to be kept for
that purpose, together with the cause for which the said judgment or
sentence was given; and that the said judgment and sentence soe
registered and written shall be subscribed with the hands or names of
the said President and Councel or such of them as gave the judgment or
sentence; alsoe our will and pleasure is and wee doe hereby establish
and ordaine that the said several Collonies and plantations, and every
person and persons of the same, severally and respectively, shall within
every of their several precincts for the space of five years next after
their first landing upon the said coast of Virginia and America, trade
together all in one stocke, or devideably but in two or three stocks att
the most, and bring not only all the fruits of their labours there but
alsoe all such other goods and commodities which shall be brought out of
England or any other place into the same Collonies, into severall
magazines or storehouses for that purpose to be made and erected there,
and that in such order, manner and form as the Councel of that Collony
or the more part of them shall sett downe and direct; and our will and
pleasure is and wee doe in like manner ordaine that in every of the said
Collonies and plantations there shall be chosen three, elected yearely
by the President and Councell of every of the said several Colonies and
plantations or the more part of them: one person of the same Colony and
plantation to be Treasurer or Cape-merchant of the same Colony and
plantation to take the charge and mannageinge of all such goods, wares
and commodities which shall be brought into or taken out of the several
magazines or storehouses, the same Treasurer or Cape-merchant to
continue in his office by the space of one whole year next after his
said election, unless he shall happen to dye within the said year or
voluntarily give over the same or be removed for any just or reasonalbe
cause; and that thereupon the same President and Councell or the most
part of them shall have power and authority to elect him again or any
other or others in his room or stead to continue in the same office as
aforesaid; and that alsoe there shall be two or more persons of good
discretion within every of the said Colonies and plantations elected and
chosen yearely, during the said terme of five years, by the President
and Councel of the same Collony or the most part of them respectively
within their several limits and precincts, the one or more of them to
keep a book in which shall be registred and entred all such goods, wares
and merchandizes as shall be received into the several magazines or
storehouses within that Colony, being appointed for that purpose, and
the other to keep a like book wherein shall be registred all goods,
wares and merchandizes which shall issue or be taken out of any the
several magazines or storehouses of that Collony, which clarks shall
continue in their said places but att the will of the President and
Councel of that Colony whereof he is, or of the major part of them; and
that every person of every the said several Colonies and plantations
shall be furnished with all necessaries out of those several magazines
or storehouses which shall belong to the said Colony and plantation in
which that person is, for and during the terme and time of five yeares
by the appointment, direction and order of the President and Councell
there, or of the said Cape-merchant and two clerks or of the most part
of them within the said several limits and precincts of the said
Colonies and plantations; alsoe our will and pleasure is and wee doe
hereby ordain that the adventurers of the said First Colony and
plantation shall and may during the said terme of five years elect and
choose out of themselves one or more Companies, each Company consisting
of three persons att the least who shall be resident att or neer London,
or such other place and places as the Councel of the Colony for the time
being, or the most part of them, during the said five years shall think
fitt, who shall there from time to time take charge of the trade and
accompt of all such goods, wares, merchandizes and other things which
shall be sent from thence to the Company of the same Colony or
plantation in Virginia, and likewise of all such wares, goods and
merchandizes as shall be brought from the said Colony or plantation unto
that place within our realme of England, and of all things concerning
the mannaging of the affaires and profits concerning the adventurors of
that Company which shall soe passe out of or come into that place or
port; and likewise our will and pleasure is that the adventurors in the
said Second Colony and plantation shall and may, during the said terme
of five years, elect out of themselves one or more Companies, each
Company consisting of three persons att the least who shall be resident
att or near Plymouth in our county of Devon within our realme of
England, and att such one, two or three other places or ports as the
Councel of that Colony or the most part of them shall think fitt, who
shall there from time to time take care and charge of the trade &
accompt of all such goods, wares, merchandizes and other things which
shall be sent from thence to the same Colony and plantation in Virginia,
and likewise of all such goods, wares and merchandizes as shall be
brought from the said Colony and plantation in Virginia into our realme
of England, and of all things concerning the mannaging of the affaires
and profits of the adventurors of that Company; alsoe our will and
pleasure is that noe person or persons shall be admitted into any of the
said Colonies and plantations, there to abide and remaine, but such as
shall take not only the usual oath of obedience to us, our heires and
successors; but alsoe the oath which is limitted in the last session of
Parliament, holden at Westminster in the fourth year of our raigne, for
their due obedience unto us, our heires and successors, that the trade
to and from any the Colonies aforesaid may be mannaged to and from such
ports & places within our realme of England as is before in these
articles intended, any thing set down heretofore to the contrary
notwithstanding; and that the said President and Councel of each of the
said Colonies, and the more part of them respectively, shall and may
lawfully from time to time constitute, make and ordaine such
constitutions, ordinances and officers for the better order, government
and peace of the people of their several Collonies, soe alwaies as the
same ordinances and constitutions doe not touch any party in life or
member, which constitutions & ordinances shall stand and continue in
full force untill the same shall be otherwise altered or made void by
us, our heires or successors, or our or their Councel of Virginia, soe
alwaies as the same alterations be such as may stand with and be in
substance consonant unto the lawes of England or the equity thereof;
furthermore, our will and pleasure is and wee doe hereby determine and
ordaine that every person and persons being our subjects of every the
said Collonies and plantations shall from time to time well entreate
those salvages in those parts and use all good meanes to draw the
salvages and heathen people of the same several places and of the
territories and countries adjoining to the true service and knowledge of
God, and that all just, kind and charitable courses shall be holden with
such of them as shall conforme themselves to any good and sociable
traffique and dealing with the subjects of us, our heires and successors
which shall be planted there, whereby they may be the sooner drawne to
the true knowledge of God and the obedience of us, our heires and
successors under such severe paines and punishments as shal be inflicted
by the same several Presidents and Councells of the said several
Colonies, or the most part of them, within their several limits and
precincts, on such as shall offend therein or doe the contrary; and that
as the said territories and countries of Virginia and America within the
degrees aforesaid shall from time to time increase in plantation by our
subjects, wee, our heires and successors will, ordaine and give such
order and further instructions, lawes, constitutions and ordinances for
the better rule, order and government of such as soe shall make
plantations there as to us, our heires and successors shall from time to
time be thought fitt & convenient, which alwaies shall be such as may
stand with or be in substance consonant unto the lawes of England or the
equity thereof; and lastly wee doe ordaine and establish for us, our
heires and successors that such oath shall be taken by each of our
Councellors here for Virginia, concerning their place and office of
Councell, as by the Privy Councell of us, our heires and successors of
this our realme of England shall be in that behalf limited & appointed;
and that each Councellor of the said Colonies shall take such oath for
the execution of their place and office of Councel as by the Councel of
us, our heires and successors here in England, for Virginia, shall in
that behalfe be limited and appointed; and aswell those several articles
and instructions herein mentioned and contained as alsoe all such as by
virtue hereof shall hereafter be made and ordained, shall as need shall
require, by the advice of our Councel here for Virginia be transcripted
over unto the said several Councells of the said several Colonies under
the seale to be ordained for our said Councell here for Virginia; In
witnesses &c.

  [Illustration: GREAT SEAL OF JAMES I.
  (A.D. 1603-1625.)
  Photo by T. L. Williams]

Virginia State Library, "Patents, No. 2, 1643-1651"; Hening, Vol. I, pp.
67-75.

    [Footnote 3: The following words or letters missing from the
    manuscript have been supplied from the text in Hening.]




ORDINANCE AND CONSTITUTION




MARCH 9, 1607


    An ordinance and constitution enlarging the number of our
    Councel for the two several Colonies and plantations in
    Virginia and America between 34 and 45 degrees of northerly
    latitude, and augmenting their authority for the better
    directing and ordering of such things as shall concerne the
    said Colonies.

James, by the grace of God, &c. Whereas wee, by our letters patents
under our Great Seale of England bearing date the tenth day of April
last past, have given licence to sundry our loving subjects named in the
said letters patents and to their associates to deduce and conduct two
several Colonies or plantations of sundry our loving people willing to
abide and inhabit in certaine parts of Virginia and America with divers
preheminences, priviledges, authorities and other things, as in and by
the said letters patents more particularly it appeareth; and whereas
wee, according to the effect and true meaning of the said letters
patents, have by a former instrument, signed with our hand and signe
manuel and sealed with our Privy Seal of our realme of England,
established and ordained that our trusty and welbeloved Sir William
Wade, Knight, our Lieutanant of our Tower of London; Sir Thomas Smith,
Knight; Sir Walter Cope, Knight; Sir George Moor, Knight; Sir Francis
Popeham, Knight; Sir Ferdinando Gorges, Knight; Sir John Trevor, Knight;
Sir Henry Montague, Knight, Recorder of our citty of London; Sir William
Rumney, Knight; John Dodderidge, Esqr., our Solicitor General; Thomas
Warr, Esq.; John Eldred, of our city of London, merchant; Thomas James,
of our citty of Bristol, merchant; and James Bagge, of Plymouth in our
county of Devon, merchant; should be our Councel for all matters which
should happen in Virginia or any the territories of America aforesaid,
or any actions, businesse or causes for and concerning the same, which
Councel is from time to time to be encreased, altered or changed att the
nomination of us, our heires and successors, and att our and their will
and pleasure; & whereas our said Councel have found by experience their
number being but fourteen in all and most of them dispersed by reason of
their several habitations far and remote the one from the other, and
many of them in like manner far remote from our citty of London where,
if need require, they may receive directions from us and our Privy
Councel and from whence instructions and directions may be by them left
and more readily given for the said Colonies; that when very needful
occasion requireth there cannot be any competent number of them by any
meanes be drawne together for consultation; for remedy whereof our said
loving subjects of the several Colonies aforesaid have been humble
suitors unto us and have to that purpose offered to our Royal
consideration the names of certaine sage and discreet persons, & having
with like humility entreated us that the said persons, or soe many of
them as to us should seem good, might be added unto them and might
(during our pleasure) be of our Councel for the foresaid Colonies of
Virginia; wee therefore for the better establishing, disposing,
orderring and directing of the said several Colonies within the degrees
aforesaid, and of all such affaires, matters and things as shall touch
and concerne the same, doe, by these presents signed with our hand and
signe manuel and sealed with our Privy Seale of our realme of England,
establish and ordaine that our trusty and welbeloved Sir Thomas
Challonor, Knight; Sir Henry Nevil, Knight; Sir Fulks Grevil, Knight;
Sir John Scot, Knight; Sir Robert Mansfield, Knight; Sir Oliver Cromwel,
Knight; Sir Morrice Berkeley, Knight; Sir Edward Michelbourne, Knight;
Sir Thomas Holcroft, Knight; Sir Thomas Smith, Knight, Clerk of our
Privy Councel; Sir Robert Kelligrew, Knight; Sir Robert Croft, Knight;
Sir George Copping, Knight; Sir Edwyn Sandys, Knight; Sir Thomas Row,
Knight; and Sir Anthony Palmer, Knight; nominated unto us by and on the
behalfe of the said First Colony; Sir Edward Hungerford, Knight; Sir
John Mallet, Knight; Sir John Gilbert, Knight; Sir Thomas Freale,
Knight; Sir Richard Hawkings, Knight; Sir Bartholomew Mitchel, Knight;
Edward Seamour, Esq.; Bernard Greenville, Esq.; Edward Rogers, Esq.; and
Matthew Sutcliffe, Doctor of Divinity; nominated to us by and on the
behalfe of the said Second Colony, shall together with the persons
formerly named, be our Councel for all matters which shall or may
conduct to the aforesaid plantations or which shall happen in Virginia
or any the territories of America between 34 & 45 degrees of northerly
latitude from the aequinoctial line and the islands to the several
Colonies limited and assigned, that is to say, the First Colony from 34
to 41 degrees of the said latitude, and the Second Colony between 38 and
45 degrees of the said latitude. And our further will and pleasure is,
and by these presents for us, our heires and successors wee doe grant
unto our said Councel of Virginia, that they or any twelve of them att
the least, for the time being, whereof six att the least to be members
of one of the said Colonies, and six more att the least to be members of
the other Colony, shall have full power and authority to ordaine,
nominate, elect and choose any other person or persons att their
discretion to be and to serve as officer or officers to all offices and
places that shall by them be thought fitt and requisite for the
businesse and affaires of our said Councel and concerning the plantation
or plantations aforesaid, and for the summoning, calling and assembling
of the said Councel together when need shall require, or for summoning
and calling before the said Councel any of the adventurors or others
which shall passe on unto the said several Colonies to inhabit or to
traffick there, or any other such like officer or officers which in time
shall or may be found of use, behoofe or importance unto the Councel
aforesaid. [And the said Council or any twelve of them as is aforesaid
shall have full power and authority from time to time to continue or to
alter or change the said officers and to elect and appoint others in
their roomes and places, to make and ordain acts and ordinances for the
better ordering, disposing and marshalling of the said several Colonies
and the several adventurers or persons going to inhabit in the same
several Colonies, or of any provision or provisions for the same, or for
the direction of the officers aforesaid, or for the making of them to be
subordinate or under jurisdiction one of another, and to do and execute
all and every of their act and things which by any our grants or letters
patents heretofore made they are warranted or authorised to do or
execute so as always none of the said acts and ordinances or other
things be contrary or repugnant to the true intent and meaning of our
said letters patents granted for the plantation of the said several
Colonies in Virginia and territories of America as aforesaid, or
contrary to the laws and statutes in this our realm of England, or in
derogation of our prerogative royal. Witness ourself at Westminster the
ninth day of March (1607) in the year of our reign of England, France
and Ireland the fourth, and of Scotland the fortieth, &c.][4]

Virginia State Library, "Patents, No. 2, 1643-1651"; Hening, Vol. I, pp.
76-79.

    [Footnote 4: Bracketed passage supplied from text in Hening.]




THE SECOND CHARTER




MAY 23, 1609


James, by the grace of God [King of England, Scotland, France and
Ireland, defender of the faith, etc.] To all [to whom these presents
shall come, greeting.]

Whereas, at the humble suite and request of sondrie oure lovinge and
well disposed subjects intendinge to deduce a colonie and to make
habitacion and plantacion of sondrie of oure people in that parte of
America comonlie called Virginia, and other part and territories in
America either apperteyninge unto us or which are not actually possessed
of anie Christian prince or people within certaine bound and regions,
wee have formerly, by oure lettres patents bearinge date the tenth of
Aprill in the fourth yeare of oure raigne of England, Fraunce, and
Ireland, and the nine and thirtieth of Scotland, graunted to Sir Thomas
Gates, Sir George Somers and others, for the more speedie accomplishment
of the said plantacion and habitacion, that they shoulde devide
themselves into twoe collonies--the one consistinge of divers Knights,
gentlemen, merchaunts and others of our cittie of London, called the
First Collonie; and the other of sondrie Knights, gentlemen and others
of the citties of Bristoll, Exeter, the towne of Plymouth, and other
places, called the Seccond Collonie--and have yielded and graunted maine
and sondrie priviledges and liberties to each Collonie for their quiet
setlinge and good government therein, as by the said lettres patents
more at large appeareth.

Nowe, forasmuch as divers and sondrie of oure lovinge subjects, as well
adventurers as planters, of the said First Collonie (which have alreadie
engaged them selves in furtheringe the businesse of the said plantacion
and doe further intende by the assistance of Almightie God to prosecute
the same to a happie ende) have of late ben humble suiters unto us that,
in respect of their great chardeges and the adventure of manie of their
lives which they have hazarded in the said discoverie and plantacion of
the said countrie, wee woulde be pleased to graunt them a further
enlargement and explanacion of the said graunte, priviledge and
liberties, and that suche counsellors and other officers maie be
appointed amonngest them to manage and direct their affaires [as] are
willinge and readie to adventure with them; as also whose dwellings are
not so farr remote from the cittye of London but that they maie at
convenient tymes be readie at hande to give advice and assistance upon
all occacions requisite.

We, greatlie affectinge the effectual prosecucion and happie successe of
the said plantacion and comendinge their good desires theirin, for their
further encouragement in accomplishinge so excellent a worke, much
pleasinge to God and profitable to oure Kingdomes, doe, of oure speciall
grace and certeine knowledge and meere motion, for us, oure heires and
successors, give, graunt and confirme to oure trustie and welbeloved
subjects,

  Robert, Earle of Salisburie [Salisbury][5]
  Thomas, Earle of Suffolke [Suffolk]
  Henrie, Earle of Southampton
  William, Earle of Pembroke
  [Henrie], Earle of Lincolne [Lincoln]
  Henrie, Earle of Dorsett [Dorset]
  Thomas, Earle of Exeter
  Phillipp, Earle of Mountgommery
  Robert, Lord Vicount Lisle
  Theophilus, Lord Howard of Walden
  James Mountague, Lord Bishopp of Bathe and Wells
  Edward, Lord Zouche
  Thomas, Lord Lawarr
  Wiliam, Lord Mounteagle
  Raphe, Lord Ewre
  Edmond, Lord Sheffeild [Sheffield]
  Grey, Lord Shandis [Chandois]
  [Grey], Lord Compton
  John, Lord Petre
  John, Lord Stanhope
  George, Lord Carew
  Sir Humfrey Welde, Lord Mayor of London [Weld]
  George Pertie, Esquire [Percie]
  Sir Edward Cecill, Knight [Cecil]
  Sir George Wharton, Knight
  Frauncis West, Esquire
  Sir William Waade, Knight [Wade]
  Sir Henrie Nevill, Knight [Nevil]
  Sir Thomas Smithe, Knight [Smith]
  Sir Oliver Cromwell, Knight
  Sir Peter Manwood, Knight
  Sir Dru Drurie, Knight [Drury]
  Sir John Scott, Knight [Scot]
  Sir Thomas Challouer, Knight [Challoner]
  Sir Robert Drurie, Knight [Drury]
  Sir Anthonye Cope, Knight
  Sir Horatio Veere, Knight [Vere]
  Sir Edward Conwaie, Knight [Conway]
  Sir William Browne [Brown]
  Sir Maurice Barkeley, Knight [Berkeley]
  Sir Roberte Maunsell, Knight [Mansel]
  Sir Amias Presou, Knight [Preston]
  Sir Thomas Gates, Knight
  Sir Anthonie Ashley, Knight [Ashly]
  Sir Michaell Sandes, Knight [Sandys]
  Sir Henrie Carew, Knight [Carey]
  Sir Stephen Soame, Knight
  Sir Calisthenes Brooke, Knight
  Sir Edward Michelborne, Knight [Michelborn]
  Sir John Racliffe, Knight [Ratcliffe]
  Sir Charles Willmott, Knight [Wilmot]
  Sir George Moore, Knight [Moor]
  Sir Hugh Wirrall, Knight [Wirral]
  Sir Thomas Dennys, Knight [Dennis]
  Sir John Hollis, Knight [Holles]
  Sir William Godolphin, Knight
  Sir Thomas Monnson, Knight [Monson]
  Sir Thomas Ridgwaie, Knight [Ridgwine]
  Sir John Brooke, Knight
  Sir Roberte Killigrew, Knight
  Sir Henrie Peyton, Knight
  Sir Richard Williamson, Knight
  Sir Ferdinando Weynman, Knight
  Sir William St. John, Knight
  Sir Thomas Holcrofte, Knight [Holcroft]
  Sir John Mallory, Knight
  Sir Roger Ashton, Knight
  Sir Walter Cope, Knight
  Sir Richard Wigmore, Knight
  Sir William Cooke, Knight [Coke]
  Sir Herberte Crofte, Knight
  Sir Henrie Faushawe, Knight [Fanshaw]
  Sir John Smith, Knight
  Sir Francis Wolley, Knight
  Sir Edward Waterhouse, Knight
  Sir Henrie Sekeford, Knight [Seekford]
  Sir Edward Saudes, Knight[6] [Edwin Sandys]
  Sir Thomas Wayneman, Knight [Waynam]
  Sir John Trevor, Knight
  Sir Warrwick Heale, Knight [Heele]
  Sir Robert Wroth, Knight
  Sir John Townnesende, Knight [Townsend]
  Sir Christopher Perkins, Knight
  Sir Daniell Dun, Knight
  Sir Henrie Hobarte, Knight [Hobart]
  Sir Franncis Bacon, Knight
  Sir Henrie Mountague, Knight [Montague]
  Sir Georg Coppin, Knight
  Sir Samuell Sandes, Knight [Sandys]
  Sir Thomas Roe, Knight
  Sir George Somers, Knight
  Sir Thomas Freake, Knight
  Sir Thomas Horwell, Knight [Harwell]
  Sir Charles Kelke, Knight
  Sir Baptist Hucks, Knight [Hicks]
  Sir John Watts, Knight
  Sir Roberte Carey, Knight
  Sir William Romney, Knight
  Sir Thomas Middleton, Knight
  Sir Hatton Cheeke, Knight
  Sir John Ogle, Knighte
  Sir Cavallero Meycot, Knight
  Sir Stephen Riddlesden, Knight [Riddleson]
  Sir Thomas Bludder, Knight
  Sir Anthonie Aucher, Knight
  Sir Robert Johnson, Knight
  Sir Thomas Panton, Knight
  Sir Charles Morgan, Knight
  Sir Stephen Powle, Knight [Pole]
  Sir John Burlacie, Knight
  Sir Christofer Cleane, Knight [Cleave]
  Sir George Hayward, Knight
  Sir Thomas Dane, Knight [Davis]
  Sir Thomas Dutton, Knight [Sutton]
  Sir Anthonie Forrest, Knight [Forest]
  Sir Robert Payne, Knight
  Sir John Digby, Knight
  Sir Dudley Diggs, Knight [Digges]
  Sir Rowland Cotton, Knight
  Doctour Mathewe Rutcliffe [Sutcliffe]
  Doctor Meddowes [Meadows]
  Doctor Turner
  Doctor Poe
  Captaine Pagnam
  Captaine Jeffrey Holcrofte
  Captaine Raunne [Romney]
  Captaine Henrie Spry
  Captaine Shelpton [Shelton]
  Captaine Spark [Sparks]
  [Captain] Thomas Wyatt [Wyat]
  Captaine Brinsley
  Captaine William Courtney
  Captaine Herbert
  Captaine Clarke
  Captaine Dewhurst
  Captaine John Blundell
  Captaine Frier [Fryer]
  Captaine Lewis Orwell
  Captaine Edward Lloyd [Loyd]
  Captaine Slingesby
  Captaine Huntley [Hawley]
  Captaine Orme
  Captaine Woodhouse
  Captaine Mason
  Captaine Thomas Holcroft
  Captaine John Cooke [Coke]
  Captaine Hollis [Holles]
  Captaine William Proude
  Captaine Henrie Woodhouse
  Captaine Richard Lindeley [Lindesey]
  Captaine Dexter
  Captaine William Winter
  Captaine Herle [Pearse]
  Captain John Bingham
  Captaine Burray
  Captaine Thomas Conwey [Conway]
  Captaine Rookwood
  Captaine William Lovelace
  Captaine John Ashley
  Captaine Thomas Wynne
  Captaine Thomas Mewtis
  Captaine Edward Harwood
  Captaine Michaell Evered [Everard]
  Captaine Connoth [Comock]
  Captaine Miles [Mills]
  Captaine Pigott [Pigot]
  Captaine Edward Maria Wingfeild [Wingfield]
  Captaine Christopher Newporte [Newport]
  Captaine John Siclemore, alias Ratcliffe [Sicklemore]
  Captaine John Smith
  Captyn John Martyn [Martin]
  Captaine Peter Wynne
  Captaine Waldoe [Waldo]
  Captyn Thomas Wood
  Captaine Thomas Button
  George Bolls, Esquire, Sheriffe of London
  William Crashawe, [Clerk], Bachelor of Divinite
  William Seabright, Esquire
  Christopher Brook, Esquire
  John Bingley, Esquire
  Thomas Watson, Esquire
  Richard Percivall, Esquire [Percival]
  John Moore, Esquire
  Hugh Brooker, Esquire
  David Waterhouse, Esquire [Woodhouse]
  Anthonie Auther, Esquier [Aucher]
  Roberte Bowyer, Esquire [Boyer]
  Raphe Ewens, Esquire
  Zacharie Jones, Esquire
  George Calvert, Esquire
  William Dobson, Esquire
  Henry Reynold, Esquire [Reynolds]
  Thomas Walker, Esquire
  Anthonie Barnars, Esquire
  Thomas Sandes, Esquire [Sandys]
  Henrie Sand, Esquire [Sandys]
  Richard Sand [Sandys]
  Sonne of Sir Edwin Sandes [Sandys]
  William Oxenbridge, Esquire
  John Moore, Esquire
  Thomas Wilson, Esquire
  John Bullocke, Esquire [Bullock]
  John Waller, [Esquire]
  Thomas Webb
  Jehughe Robinson
  William Brewster
  Robert Evelyn
  Henrie Dabenie [Danby]
  Richard Hacklewte, minister [Hackluit]
  John Eldred, marchaunt [Eldrid]
  William Russell, marchaunt
  John Merrick, marchaunt
  Richard Bannester, merchant [Banister]
  Charles Anthonie, goldsmithe [Anthony]
  John Banck [Banks]
  William Evans
  Richard Humble
  Robert Chamberleyne, marchaunt [Richard Chamberlayne]
  Thomas Barber, marchaunt
  Richard Pevyrell, merchaunt [Pomet]
  John Fletcher, merchant
  Thomas Nicholls, merchant
  John Stoak, merchaunt [Stoke]
  Gabriell Archer
  Franncis Covell [Covel]
  William Bouham [Bonham]
  Edward Harrison
  John Wolstenholme
  Nicholas Salter
  Hugh Evans
  William Barners [Barnes]
  Otho Mawdett [Mawdet]
  Richard Staper, marchant
  John Elkin, marchaunt
  William Cayse [Coyse]
  Thomas Perkin, cooper
  Humfrey Ramell, cooper [Humphrey James]
  Henry Jackson
  Roberte Shingleton [Singleton]
  Christopher Nicholls
  John Harper
  Abraham Chamberlaine [Chamberlayne]
  Thomas Shipton
  Thomas Carpenter
  Anthoine Crewe [Crew]
  George Holman
  Robert Hill
  Cleophas Smithe [Smith]
  Raphe Harrison
  John Farmer
  James Brearley
  William Crosley [Crosby]
  Richard Cocks [Cox]
  John Gearinge [Gearing]
  Richard Strough, iremonnger [Strongarm]
  Thomas Langton
  Griffith Hinton
  Richard Ironside
  Richard Deane [Dean]
  Richard Turner
  William Leveson, mercer [Lawson]
  James Chatfeilde [Chatfield]
  Edward Allen [Edward Allen Tedder]
  Tedder Roberts[7]
  Heldebrand Sprinson [Robert Hildebrand Sprinson]
  Arthur Mouse
  John Gardener [Gardiner]
  James Russell [Russel]
  Richard Casewell [Caswell]
  Richard Evanns [Evans]
  John Hawkins
  Richard Kerrill [Kerril]
  Richard Brooke
  Mathewe Scrivener, gentleman [Screvener]
  William Stallendge, gentleman [Stallenge]
  Arthure Venn, gentleman
  Saund Webb, gentleman [Sandys Webbe]
  Michaell Phettiplace, gentleman
  William Phetiplace, gentleman [Phettiplace]
  Ambrose Brusey, gentleman [Prusey]
  John Taverner, gentleman
  George Pretty, gentleman
  Peter Latham, gentleman
  Thomas Monnford, gentleman [Montford]
  William Cautrell, gentleman [Cantrel]
  Richard Wiffine, gentleman [Wiffin]
  Raphe Mooreton, gentleman [Moreton]
  John Cornellis [Cornelius]
  Martyn Freeman
  Raphe Freeman
  Andreau Moore
  Thomas White
  Edward Perkin
  Robert Offley
  Thomas Whitley
  George Pitt [Pit]
  Roberte Parkehurste [Parkhurst]
  Thomas Morris
  Peter Vaulore [Harloe]
  Jeffrey Duppa
  John Gilbert
  William Hancock
  Mathew Bromrigg [Brown]
  Francis Tirrell[Tyrrel]
  Randall Carter
  Othowell Smithe [Smith]
  Thomas Honnyman [Hamond]
  Marten Bonde, haberdasher [Bond]
  Joan Mousloe [John Moulsoe]
  Roberte Johnson
  William Younge [Young]
  John Woddall [Woodal]
  William Felgate
  Humfrey Westwood
  Richard Champion
  Henrie Robinson
  Franncis Mapes
  William Sambatch [Sambach]
  Rauley Crashawe [Ralegh Crashaw]
  Daniell Tucker
  Thomas Grave
  Hugh Willestone
  Thomas Culpepper, of Wigsell, Esquire
  John Culpepper, gentleman
  Henrie Lee
  Josias Kirton, gentleman [Kerton]
  John Porie, gentleman [Pory]
  Henrie Collins
  George Burton
  William Atkinson
  Thomas Forrest [Forest]
  John Russell [Russel]
  John Houlte [Holt]
  Harman Harrison
  Gabriell Beedell [Beedel]
  John Beedell [Beedel]
  Henrie Dankes [Dawkes]
  George Scott [Scot]
  Edward Fleetewood, gentleman [Fleetwood]
  Richard Rogers, gentleman
  Arthure Robinson
  Robert Robinson
  John Huntley
  John Grey [Gray]
  William Payne
  William Feilde [Field]
  William Wattey
  William Webster
  John Dingley
  Thomas Draper
  Richard Glanvile [Glanvil]
  Arnolde Lulls [Hulls]
  Henrie Rowe [Roe]
  William Moore [More]
  Nicholas Grice [Gryce]
  James Monnger [Monger]
  Nicholas Andrewes [Andrews]
  Jerome Haydon, iremonnger [Jeremy Haydon]
  Phillipp Durrant [Philip Durette]
  John Quales [Quarles]
  John West
  Mathew Springeham [Springham]
  John Johnson
  Christopher Hore
  George Barkeley
  Thomas Sued [Snead]
  George Barkeley [Berkeley]
  Arthure Pett [Pet]
  Thomas Careles
  William Barkley [Berkley]
  Thomas Johnson
  Alexander Bent [Bents]
  Captaine William Kinge [King]
  George Sandes, gentleman [Sandys]
  James White, gentleman
  Edmond Wynn [Wynne]
  Charles Towler
  Richard Reynold
  Edward Webb
  Richard Maplesden
  Thomas Levers [Lever]
  David Bourne
  Thomas Wood
  Raphe Hamer
  Edward Barnes, mercer
  John Wright, mercer
  Robert Middleton
  Edward Litsfeild [Littlefield]
  Katherine West
  Thomas Webb [Web]
  Raphe Kinge [King]
  Roberte Coppine [Coppin]
  James Askewe
  Christopher Nicholls [Christopher Holt]
  William Bardwell
  Alexander Childe [Chiles]
  Lewes Tate
  Edward Ditchfeilde [Ditchfield]
  James Swifte
  Richard Widdowes, goldesmith
  Edmonde Brundell[8] [Brudenell]
  John Hanford [Hansford]
  Edward Wooller
  William Palmer, haberdasher
  John Badger
  John Hodgson
  Peter Monnsill [Mounsel]
  John Carrill [Carril]
  John Busbridge [Bushridge]
  William Dunn [Dun]
  Thomas Johnson
  Nicholas Benson
  Thomas Shipton
  Nathaniell Wade
  Randoll Wettwood [Wetwood]
  Mathew Dequester
  Charles Hawkins
  Hugh Hamersley
  Abraham Cartwright
  George Bennett [Bennet]
  William Cattor [Cater]
  Richard Goddart
  Henrie Cromwell
  Phinees Pett [Pet]
  Roberte Cooper[9]
  Henrie Neite [Newce]
  Edward Wilks [Wilkes]
  Roberte Bateman
  Nicholas Farrar
  John Newhouse
  John Cason
  Thomas Harris, gentleman
  George Etheridge, gentleman
  Thomas Mayle, gentleman
  Richard Stratford [Stafford]
  Thomas
  Richard Cooper
  John Westrowe [Westrow]
  Edward Welshe [Welch]
  Thomas Brittanie [Britain]
  Thomas Knowls [Knowles]
  Octavian Thorne
  Edmonde Smyth [Smith]
  John March
  Edward Carew
  Thomas Pleydall
  Richard Lea [Let]
  Miles Palmer
  Henrie Price
  John Josua, gentleman [Joshua]
  William Clawday [Clauday]
  Jerome Pearsye
  John Bree, gentleman
  William Hampson
  Christopher Pickford
  Thomas Hunt
  Thomas Truston
  Christopher Lanman [Salmon]
  John Haward, clerke [Howard]
  Richarde Partridge
  Allen Cotton [Cassen]
  Felix Wilson
  Thomas Colethurst [Bathurst]
  George Wilmer
  Andrew Wilmer
  Morrice Lewellin
  Thomas Jedwin [Godwin]
  Peter Burgoyne
  Thomas Burgoyne
  Roberte Burgoyne
  Roberte Smithe, merchauntaylor [Smith]
  Edward Cage, grocer
  Thomas Canon, gentleman [Cannon]
  William Welby, stacioner
  Clement Wilmer, gentleman
  John Clapham, gentleman
  Giles Fraunces, gentleman [Francis]
  George Walker, sadler
  John Swinehowe, stacioner [Swinhow]
  Edward Bushoppe, stacioner [Bishop]
  Leonard White, gentleman
  Christopher Barron [Baron]
  Peter Benson
  Richard Smyth [Smith]
  George Prockter, minister [Proctor]
  Millicent Ramesden, widowe [Ramsdent]
  Joseph Soane
  Thomas Hinshawe [Hinshaw]
  John Baker
  Robert Thorneton [Thornton]
  John Davies [Davis]
  Edward Facett [Facet]
  George Nuce, gentleman [Newce]
  John Robinson
  Captaine Thomas Wood
  William Browne, shoemaker [Brown]
  Roberte Barker, shoemaker
  Roberte Penington [Pennington]
  Francis Burley, minister
  William Quick, grocer
  Edward Lewes, grocer [Lewis]
  Laurence Campe, draper
  Aden Perkins, grocer
  Richard Shepparde, preacher [Shepherd]
  William Sheckley, haberdasher [Sherley]
  William Tayler, haberdasher [Taylor]
  Edward Lukyn, gentleman [Edwin Lukin]
  John Francklyn, haberdasher [Franklyn]
  John Southicke [Southwick]
  Peter Peate
  George Johan, iremonnger
  George Yardley, gentleman [Yeardley]
  Henrie Shelly [Shelley]
  John Pratt [Prat]
  Thomas Church, draper
  William Powell, gentleman [Powel]
  Richard Frithe, gentleman [Frith]
  Thomas Wheeler, draper
  Franncis Hasilerigg, gentleman [Haselrig]
  Hughe Shippley, gentleman [Shipley]
  John Andrewes, thelder, [doctor], of Cambridge [Andrews]
  Franncis Whistley, gentleman [Whistler]
  John Vassall, gentleman
  Richard Howle
  Edward Barkeley, gentleman [Berkeley]
  Richard Knerisborough, gentleman [Keneridgburg]
  Nicholas Exton, draper
  William Bennett, fishmonger [Bennet]
  James Hawood, marchaunt [Haywood]
  Nicholas Isaak, merchaunt [Isaac]
  William Gibbs, merchannt
  [William] Bushopp [Bishop]
  Barnard Michell [Mitchel]
  Isaake Michell [Isaac Mitchel]
  John Streat [Streate]
  Edward Gall
  John Marten, gentleman [Martin]
  Thomas Fox
  Luke Lodge
  John Woodleefe, gentleman [Woodliffe]
  Rice Webb [Richard]
  Vincent Lowe [Low]
  Samuell Burnam [Burnham]
  Edmonde Pears, haberdasher
  Josua Goudge [John Googe]
  John St. John
  Edwarde Vaughan
  William Dunn
  Thomas Alcock [Alcocke]
  John Andrewes, the younger, of Cambridge [Andrews]
  Samuell Smithe [Smith]
  Thomas Jerrard [Gerrard]
  Thomas Whittingham
  William Cannynge [Canning]
  Paule Caminge [Canning]
  George Chaudler [Chandler]
  Henrye Vincent
  Thomas Ketley
  James Skelton
  James Montain [Mountaine]
  George Webb, gentleman
  Josephe Newbroughesmith [Joseph Newbridge, smith]
  Josias Mande [Mand]
  Raphe Haman, the younger [Hamer]
  Edward Brewster, the sonne of William Brewster
  Leonard Harwood, mercer
  Phillipp Druerdent
  William Carpenter
  Tristram Hill
  Roberte Cock, grocer
  Laurence Grene, grocer [Greene]
  Daniell Winche, grocer [Samuel Winch]
  Humfrey Stile, grocer
  Averie Dransfeild, grocer [Dransfield]
  Edwarde Hodges, grocer
  Edward Beale, grocer[10]
  Raphe Busby, grocer[11]
  John Whittingham, grocer
  John Hide, grocer
  Mathew Shipperd, grocer [Shepherd]
  Thomas Allen, grocer
  Richard Hooker, grocer
  Laurence Munckas, grocer [Munks]
  John Tanner, grocer
  Peter Gate, grocer
  John Blunt, grocer[12]
  Roberte Berrisford, grocer[13]
  Thomas Wells, gentleman[14]
  John Ellis, grocer
  Henrie Colthurst, grocer
  John Cranage, grocer [Cavady]
  Thomas Jenings, grocer [Jennings]
  Edmond Peshall, grocer [Pashall]
  Timothie Bathurst, grocer
  Gyles Parslowe, grocer[15] [Parslow]
  Roberte Johnson, grocer [Richard]
  William Janson, vintener [Johnson]
  Ezechiell Smith
  Richard Murrettone [Martin]
  William Sharpe
  Roberte Ritche [Rich]
  William Stannerd, inholder [Stannard]
  John Stocken
  William Strachey, gentleman
  George Farmer, gentleman
  Thomas Gypes, clothworker
  Abraham Dawes, gentleman [Davies]
  Thomas Brockett, gentleman [Brocket]
  George Bathe, fishmonger [Bache]
  John Dike, fishmonger
  Henrie Spranger
  Richard Farringdon [Farrington]
  Chistopher Vertue, vintener
  Thomas Baley, vintener [Bayley]
  George Robins, vintener
  Tobias Hinson, grocer
  Urian Spencer [Vrian]
  Clement Chachelley [Chicheley]
  John Searpe, gentleman [Scarpe]
  James Cambell, iremonnger [Campbell]
  Christopher Clitherowe, iremonnger [Clitheroe]
  Phillipp Jacobson
  Peter Jacobson, of Andwarpe
  William Barckley [Berkeley]
  Miles Banck, cutler [Banks]
  Peter Highley, grocer [Higgons]
  Henrie John, gentleman
  John Stoakley, merchauntailor [Stokeley]
  The companie of mercers
  The companie of grocers
  The companie of drapers
  The company of fishmongers
  The companie of gouldsmithes
  The companie of skynners
  The companie merchauntailors
  The companie of haberdashers
  The companie of salters
  The companie of iremongers
  The companie of vintners
  The companie of clothworkers
  The companie of dyers
  The companie of bruers
  The companie of lethersellers
  The companie of pewterers
  The companie of cutlers
  The companie of whitebakers
  The companie of waxchaundlers
  The companie of tallowe chaundlers
  The companie of armorers
  The companie of girdlers
  The companie of butchers
  The companie of sadlers
  The companie of carpenters
  The companie of cordwayners
  The companie of barbor chirurgions
  The companie of painter stayners
  The companie of curriers
  The companie of masons
  The companie of plumbers
  The companie of inholders
  The companie of founders
  The companie of poulterers
  The companie of cookes
  The companie of coopers
  The companie of tylers and bricklayers
  The companie of bowyers
  The companie of fletchers
  The companie of blacksmithes
  The companie of joyners
  The companie of weavers
  The companie of wollmen
  The companie of woodmonngers
  The companie of scrivenors
  The companie of fruterers
  The companie of plasterers
  The companie of brownebakers
  The companie of stacioners
  The companie of imbroderers
  The companie of upholsters
  The companie of musicions
  The companie of turners[16]
  The companie of baskettmakers
  The companie of glasiers
  John Levett, merchaunt [Levet]
  Thomas Nornicott, clothworker [Nornicot]
  Richard Venn, haberdasher
  Thomas Scott, gentleman [Scot]
  Thomas Juxson, merchauntaylor [Juxon]
  George Hankinson
  Thomas Leeyer, gentleman [Seyer]
  Mathew Cooper
  George Butler, gentleman
  Thomas Lawson, gentleman
  Edward Smith, haberdasher
  Stephen Sparrowe
  John Jones, merchaunt
  [John] Reynold, brewer [Reynolds]
  Thomas Plummer, merchaunt
  James Duppa, bruer
  Rowland Coytemore [Coitmore]
  William Sotherne [Southerne]
  George Whittmoore, haberdasher [Whitmore]
  Anthonie Gosoulde, the younger [Gosnold]
  John Allen, fishemonger
  Symonde Yeomans, fishmonger [Simon]
  Launcelot Davis, gentleman
  John Hopkins, an alderman of Bristoll
  John Kettlebye, gentleman [Kettleby]
  Richard Chene, gouldsmithe [Clene]
  George Hooker, gentleman
  Roberte Shevinge, yeoman [Chening]

    [Footnote 5: All names in brackets supplied from text in Stith.]

    [Footnote 6: Stith's footnote: "The adventurers names are
    vastly confused and different in the different M. S. copies
    of this charter. I chose the two fairest and most correct
    copies, that I met with, to transcribe from; and altho' they
    both agree in writing this name, Sir _Edward Sands_, or
    _Sandis_, yet they are both certainly wrong, as might be
    easily proved, were it worth while, and would not be too
    tedious. I was also much puzzled to adjust and set right
    others of the names; and altho' I was at no small pains in
    collating the copies, and in consulting and referring to
    other ancient letters patents and papers, yet I will not
    affirm that I am not often mistaken. But however erroneous
    and perplexed the names of the adventurers may be, yet I
    found the main body, and material parts of the charter, very
    clear, full, and correct."]

    [Footnote 7: Omitted from Stith.]

    [Footnote 8: Between this name and that following Stith
    adds: "Edward Burwell."]

    [Footnote 9: Between this name and that following Stith
    adds: "John Cooper."]

    [Footnote 10: Between this name and that following Stith
    adds: "Thomas Culler, grocer."]

    [Footnote 11: Name given twice in P. R. O. transcript.]

    [Footnote 12: Between this name and that following Stith
    adds: "Robert Phips, grocer."]

    [Footnote 13: Name given twice in P. R. O. transcript.]

    [Footnote 14: Stith reads: "Thomas Wells, grocer."]

    [Footnote 15: Between this name and that following Stith
    adds: "Robert Milmay, grocer."]

    [Footnote 16: Following this Stith adds: "The Company of
    Gardiners."]

And to such and so manie as they doe or shall hereafter admitt to be
joyned with them, in forme hereafter in theis presentes expressed,
whether they goe in their persons to be planters there in the said
plantacion, or whether they goe not, but doe adventure their monyes,
goods or chattels, that they shalbe one bodie or communaltie perpetuall
and shall have perpetual succession and one common seale to serve for
the saide bodie or communaltie; and that they and their successors
shalbe knowne, called and incorporated by the name of The Tresorer and
Companie of Adventurers and Planters of the Citty of London for the
Firste Collonie in Virginia.

And that they and their successors shalbe from hensforth, forever
enabled to take, acquire and purchase, by the name aforesaid (licens for
the same from us, oure heires or successors first had and obtained) anie
manner of lands, tenements and hereditaments, goods and chattels, within
oure realme of England and dominion of Wales; and that they and their
successors shalbe likewise enabled, by the name aforesaid, to pleade and
to be impleaded before anie of oure judges or justices, in anie oure
courts, and in anie accions or suits whatsoever.

And wee doe also, of oure said speciall grace, certaine knowledge and
mere mocion, give, grannte and confirme unto the said Tresorer and
Companie, and their successors, under the reservacions, limittacions and
declaracions hereafter expressed, all those lands, countries and
territories scituat, lieinge and beinge in that place of America called
Virginia, from the pointe of lande called Cape or Pointe Comfort all
alonge the seacoste to the northward twoe hundred miles and from the
said pointe of Cape Comfort all alonge the sea coast to the southward
twoe hundred miles; and all that space and circuit of lande lieinge from
the sea coaste of the precinct aforesaid upp unto the lande,
throughoute, from sea to sea, west and northwest; and also all the
island beinge within one hundred miles alonge the coaste of bothe seas
of the precincte aforesaid; togeather with all the soiles, groundes,
havens and portes, mynes, aswell royall mynes of golde and silver as
other mineralls, pearles and precious stones, quarries, woods, rivers,
waters, fishings, comodities, jurisdictions, royalties, priviledges,
franchisies and preheminences within the said territorie and the
precincts there of whatsoever; and thereto or there abouts, both by sea
and lande, beinge or in anie sorte belonginge or appertayninge, and
which wee by oure lettres patents maie or cann graunte; and in as ample
manner and sorte as wee or anie oure noble progenitors have heretofore
graunted to anie companie, bodie pollitique or corporate, or to anie
adventurer or adventurers, undertaker or undertakers, of anie
discoveries, plantacions or traffique of, in, or into anie forraine
parts whatsoever; and in as large and ample manner as if the same were
herin particulerly mentioned and expressed: to have, houlde, possesse
and enjoye all and singuler the said landes, countries and territories
with all and singuler other the premisses heretofore by theis [presents]
graunted or mencioned to be grannted, to them, the said Tresorer and
Companie, their successors and assignes, forever; to the sole and proper
use of them, the said Tresorer and Companie, their successors and
assignes [forever], to be holden of us, oure heires and successors, as
of oure mannour of Estgreenewich, in free and common socage and not in
capite; yeldinge and payinge, therefore, to us, oure heires and
successors, the fifte parte onlie of all oare of gould and silver that
from tyme to time, and at all times hereafter, shalbe there gotton, had
and obtained, for all manner of service.

And, nevertheles, oure will and pleasure is, and wee doe by theis
presentes chardge, commannde, warrant and auctorize, that the said
Tresorer and Companie and their successors, or the major parte of them
which shall be present and assembled for that purpose, shall from time
to time under their common seale distribute, convey, assigne and set
over such particuler porcions of lands, tenements and hereditaments, by
theise presents formerly grannted, unto such oure lovinge subjects
naturallie borne of denizens, or others, aswell adventurers as planters,
as by the said Companie, upon a commission of survey and distribucion
executed and retourned for that purpose, shalbe named, appointed and
allowed, wherein oure will and pleasure is, that respect be had as well
of the proporcion of the adventure[r] as to the speciall service,
hazarde, exploite or meritt of anie person so as to be recompenced,
advannced or rewarded.

And for as muche as the good and prosperous successe of the said
plantacion cannot but cheiflie depende, next under the blessinge of God
and the supporte of oure royall aucthoritie, upon the provident and good
direccion of the whole enterprise by a carefull and understandinge
Counsell, and that it is not convenient that all the adventurers shalbe
so often drawne to meete and assemble as shalbe requisite for them to
have metings and conference aboute theire affaires, therefore we doe
ordaine, establishe and confirme that there shalbe perpetually one
Counsell here resident, accordinge to the tenor of oure former lettres
patents, which Counsell shall have a seale for the better governement
and administracion of the said plantacion besides the legall seale of
the Companie or Corporacion, as in oure former lettres patents is also
expressed.

And further wee establishe and ordaine that

  Henrie, Earl of Southampton
  William, Earl of Pembrooke
  Henrie, Earl of Lincoln
  Thomas, Earl of Exeter
  Roberte, Lord Viscounte Lisle
  Lord Theophilus Howard
  James, Lord Bishopp of Bathe and Wells
  Edward, Lord Zouche
  Thomas, Lord Laware
  William, Lord Mounteagle
  Edmunde, Lord Sheffeilde
  Grey, Lord Shanndoys [Chandois][17]
  John, Lord Stanhope
  George, Lord Carew
  Sir Humfrey Welde, Lord Mayor of London
  Sir Edward Cecil
  Sir William Waad [Wade]
  Sir Henrie Nevill
  Sir Thomas Smith
  Sir Oliver Cromwell
  Sir Peter Manwood
  Sir Thomas Challoner
  Sir Henrie Hovarte [Hobart]
  Sir Franncis Bacon
  Sir George Coppin
  Sir John Scott
  Sir Henrie Carey
  Sir Roberte Drurie [Drury]
  Sir Horatio Vere
  Sir Eward Conwaye [Conway]
  Sir Maurice Berkeley [Barkeley]
  Sir Thomas Gates
  Sir Michaele Sands [Sandys]
  Sir Roberte Mansfeild [Mansel]
  Sir John Trevor
  Sir Amyas Preston
  Sir William Godolphin
  Sir Walter Cope
  Sir Robert Killigrewe
  Sir Henrie Faushawe [Fanshaw]
  Sir Edwyn Sandes [Sandys]
  Sir John Watts
  Sir Henrie Montague
  Sir William Romney
  Sir Thomas Roe
  Sir Baptiste Hicks
  Sir Richard Williamson
  Sir Stephen Powle [Poole]
  Sir Dudley Diggs
  Christopher Brooke, [Esq.]
  John Eldred, and
  John Wolstenholme

shalbe oure Counsell for the said Companie of Adventurers and Planters
in Virginia.

    [Footnote 17: All names in brackets are taken from the text
    in Stith.]

And the said Sir Thomas Smith wee ordaine to be Tresorer of the said
Companie, which Tresorer shall have aucthoritie to give order for the
warninge of the Counsell and sommoninge the Companie to their courts and
meetings.

And the said Counsell and Tresorer or anie of them shalbe from
henceforth nominated, chosen, contynued, displaced, chaunged, altered
and supplied, as death or other severall occasions shall require, out of
the Companie of the said adventurers by the voice of the greater parte
of the said Counsell and adventurers in their assemblie for that
purpose; provided alwaies that everie Councellor so newlie elected
shalbe presented to the Lord Channcellor of England, or to the Lord
Highe Treasurer of England, or the Lord Chambleyne of the housholde of
us, oure heires and successors, for the tyme beinge to take his oathe of
a Counsellor to us, oure heires and successors, for the said Companie
and Collonie in Virginia.

And wee doe by theis presents, of oure especiall grace, certaine
knowledge and meere motion, for us, oure heires and successors, grannte
unto the said Tresorer and Companie and their successors, that if it
happen at anie time or times the Tresorer for the tyme beinge to be
sick, or to have anie such cause of absente from the cittie of London as
shalbe allowed by the said Counsell or the greater parte of them
assembled, so as he cannot attende the affaires of that Companie, in
everie such case it shall and maie be lawfull for such Tresorer for the
tyme beinge to assigne, constitute and appointe one of the Counsell for
Companie to be likewise allowed by the Counsell or the greater parte of
them assembled to be the deputie Tresorer for the said Companie; which
Deputie shall have power to doe and execute all things which belonge to
the said Tresorer duringe such tyme as such Tresorer shalbe sick or
otherwise absent, upon cause allowed of by the said Counsell or the
major parte of them as aforesaid, so fullie and wholie and in as large
and ample manner and forme and to all intents and purposes as the said
Tresorer if he were present himselfe maie or might doe and execute the
same.

And further of oure especiall grace, certaine knowledge and meere
mocion, for us, oure heires and successors, wee doe by theis presents
give and grannt full power and aucthoritie to oure said Counsell here
resident aswell at this present tyme as hereafter, from time to time, to
nominate, make, constitute, ordaine and confirme by such name or names,
stile or stiles as to them shall seeme good, and likewise to revoke,
dischardge, channge and alter aswell all and singuler governors, oficers
and ministers which alreadie hath ben made, as also which hereafter
shalbe by them thought fitt and meedefull to be made or used for the
government of the said Colonie and plantacion.

And also to make, ordaine and establishe all manner of orders, lawes,
directions, instructions, formes and ceremonies of government and
magistracie, fitt and necessarie, for and concerninge the government of
the said Colonie and plantacion; and the same att all tymes hereafter to
abrogate, revoke or chaunge, not onely within the precincts of the said
Colonie but also upon the seas in goeing and cominge to and from the
said Collonie, as they in their good discrecions shall thinke to be
fittest for [the] good of the adventurers and inhabiters there.

And we doe also declare that for divers reasons and consideracions us
thereunto especiallie moving, oure will and pleasure is and wee doe
hereby ordaine that imediatlie from and after such time as anie such
governour or principall officer so to be nominated and appointed by oure
said Counsell for the governement of the said Colonie, as aforesaid,
shall arive in Virginia and give notice unto the Collonie there resident
of oure pleasure in this behalfe, the government, power and aucthority
of the President and Counsell, heretofore by oure former lettres patents
there established, and all lawes and constitucions by them formerlie
made, shall utterly cease and be determined; and all officers,
governours and ministers formerly constituted or appointed shalbe
dischardged, anie thinge in oure said former lettres patents conserninge
the said plantacion contayned in aniewise to the contrarie
notwithstandinge; streightlie chardginge and commaundinge the President
and Counsell nowe resident in the said Collonie upon their alleadgiance
after knowledge given unto them of oure will and pleasure by theis
presentes signified and declared, that they forth with be obedient to
such governor or governers as by oure said Counsell here resident shalbe
named and appointed as aforesaid; and to all direccions, orders and
commandements which they shall receive from them, aswell in the present
resigninge and giveinge upp of their aucthoritie, offices, chardg and
places, as in all other attendannce as shalbe by them from time to time
required.

And wee doe further by theis presentes ordaine and establishe that the
said Tresorer and Counsell here resident, and their successors or anie
fower of them assembled (the Tresorer beinge one), shall from time to
time have full power and aucthoritie to admitt and receive anie other
person into their companie, corporacion and freedome; and further, in a
generall assemblie of the adventurers, with the consent of the greater
parte upon good cause, to disfranchise and putt oute anie person or
persons oute of the said fredome and Companie.

And wee doe also grannt and confirme for us, oure heires and successors
that it shalbe lawfull for the said Tresorer and Companie and their
successors, by direccion of the Governors there, to digg and to serche
for all manner of mynes of goulde, silver, copper, iron, leade, tinne
and other mineralls aswell within the precincts aforesaid as within anie
parte of the maine lande not formerly graunted to anie other; and to
have and enjoye the gould, silver, copper, iron, leade, and tinn, and
all other mineralls to be gotten thereby, to the use and behoofe of the
said Companie of Planters and Adventurers, yeldinge therefore and
payinge yerelie unto us, oure heires and successors, as aforesaid.

And wee doe further of oure speciall grace, certaine knowledge and meere
motion, for us, oure heires and successors, grannt, by theis presents to
and withe the said Tresorer and Companie and their successors, that it
shalbe lawfull and free for them and their assignes at all and everie
time and times here after, oute of oure realme of England and oute of
all other [our] dominions, to take and leade into the said voyage, and
for and towards the said plantacion, and to travell thitherwards and to
abide and inhabite therein the said Colonie and plantacion, all such and
so manie of oure lovinge subjects, or anie other straungers that
wilbecomme oure lovinge subjects and live under oure allegiance, as
shall willinglie accompanie them in the said voyadge and plantation with
sufficient shippinge, armour, weapons, ordinannce, municion, powder,
shott, victualls, and such merchaundize or wares as are esteemed by the
wilde people in those parts, clothinge, implements, furnitures, catle,
horses and mares, and all other thinges necessarie for the said
plantation and for their use and defence and trade with the people
there, and in passinge and retourninge to and from without yeldinge or
payinge subsedie, custome, imposicion, or anie other taxe or duties to
us, oure heires or successors, for the space of seaven yeares from the
date of theis presents; provided, that none of the said persons be such
as shalbe hereafter by speciall name restrained by us, oure heires or
successors.

And for their further encouragement, of oure speciall grace and favour,
wee doe by theis present for us, oure heires and successors, yeild and
graunte to and with the said Tresorer and Companie and their successors
and everie of them, their factors and assignes, that they and every of
them shalbe free and quiett of all subsedies and customes in Virginia
for the space of one and twentie yeres, and from all taxes and
imposicions for ever, upon anie goods or merchaundizes at anie time or
times hereafter, either upon importation thither or exportation from
thence into oure realme of England or into anie other of oure [realms
or] dominions, by the said Tresorer and Companie and their successors,
their deputies, factors [or] assignes or anie of them, except onlie the
five pound per centum due for custome upon all such good and
merchanndizes as shalbe brought or imported into oure realme of England
or anie other of theis oure dominions accordinge to the auncient trade
of merchannts, which five poundes per centum onely beinge paid, it
shalbe thensforth lawfull and free for the said Adventurers the same
goods [and] merchaundizes to export and carrie oute of oure said
dominions into forraine partes without anie custome, taxe or other duty
to be paide to us, oure heires or successors or to anie other oure
officers or deputies; provided, that the saide goods and merchaundizes
be shipped out within thirteene monethes after their first landinge
within anie parte of those dominions.

And wee doe also confirme and grannt to the said Tresorer and Companie,
and their successors, as also to all and everie such governer or other
officers and ministers as by oure said Counsell shalbe appointed, to
have power and aucthoritie of governement and commannd in or over the
said Colonie or plantacion; that they and everie of them shall and
lawfullie maie from tyme to tyme and at all tymes forever hereafter, for
their severall defence and safetie, enconnter, expulse, repell and
resist by force and armes, aswell by sea as by land, and all waies and
meanes whatsoever, all and everie such person and persons whatsoever as
without the speciall licens of the said Tresorer and Companie and their
successors shall attempte to inhabite within the said severall precincts
and lymitts of the said Colonie and plantacion; and also, all and everie
such person and persons whatsoever as shall enterprise, or attempte at
anie time hereafter, destruccion, invasion, hurte, detriment or
annoyannce to the said Collonye and plantacion, as is likewise specified
in the said former grannte.

And that it shalbe lawful for the said Tresorer and Companie, and their
successors and everie of them, from time to time and at all times
hereafter, and they shall have full power and aucthoritie, to take and
surprise by all waies and meanes whatsoever all and everie person and
persons whatsoever, with their shippes, goods and other furniture,
traffiquinge in anie harbor, creeke or place within the limitts or
precincts of the said Colonie and plantacion, [not] beinge[18] allowed
by the said Companie to be adventurers or planters of the said Colonie,
untill such time as they beinge of anie realmes or dominions under oure
obedience shall paie or agree to paie, to the hands of the Tresorer or
[of] some other officer deputed by the said governors in Virginia (over
and above such subsedie and custome as the said Companie is or here
after shalbe to paie) five poundes per centum upon all goods and
merchaundizes soe brought in thither, and also five per centum upon all
goods by them shipped oute from thence; and being straungers and not
under oure obedience untill they have payed (over and above such
subsedie and custome as the same Tresorer and Companie and their
successors is or hereafter shalbe to paie) tenn pounds per centum upon
all such goods, likewise carried in and oute, any thinge in the former
lettres patents to the contrarie not withstandinge; and the same sommes
of monie and benefitt as aforesaid for and duringe the space of one and
twentie yeares shalbe wholie imploied to the benefitt and behoof of the
said Colonie and plantacion; and after the saide one and twentie yeares
ended, the same shalbe taken to the use of us, oure heires or
successors, by such officer and minister as by us, oure heires or
successors, shalbe thereunto assigned and appointed, as is specified in
the said former lettres patents.

    [Footnote 18: Stith's footnote: "It is _and being_ in the
    original; but the sense carried me so clearly to it, that I
    ventured to make this correction, letting the reader at the
    same time know it."]

Also wee doe, for us, oure heires and successors, declare by theis
presents, that all and everie the persons beinge oure subjects which
shall goe and inhabit within the said Colonye and plantacion, and everie
of their children and posteritie which shall happen to be borne within
[any] the lymitts thereof, shall have [and] enjoye all liberties,
franchesies and immunities of free denizens and naturall subjects within
anie of oure other dominions to all intents and purposes as if they had
bine abidinge and borne within this oure kingdome of England or in anie
other of oure dominions.

And forasmuch as it shalbe necessarie for all such our lovinge subjects
as shall inhabitt within the said precincts of Virginia aforesaid to
determine to live togither in the feare and true woorshipp of Almightie
God, Christian peace and civill quietnes, each with other, whereby
everie one maie with more safety, pleasure and profitt enjoye that where
unto they shall attaine with great paine and perill, wee, for us, oure
heires and successors, are likewise pleased and contented and by theis
presents doe give and graunte unto the said Tresorer and Companie and
their successors and to such governors, officers and ministers as
shalbe, by oure said Councell, constituted and appointed, accordinge to
the natures and lymitts of their offices and places respectively, that
they shall and maie from time to time for ever hereafter, within the
said precincts of Virginia or in the waie by the seas thither and from
thence, have full and absolute power and aucthority to correct, punishe,
pardon, governe and rule all such the subjects of us, oure heires and
successors as shall from time to time adventure themselves in anie
voiadge thither or that shall at anie tyme hereafter inhabitt in the
precincts and territorie of the said Colonie as aforesaid, accordinge to
such order, ordinaunces, constitution, directions and instruccions as by
oure said Counsell, as aforesaid, shalbe established; and in defect
thereof, in case of necessitie according to the good discretions of the
said governours and officers respectively, aswell in cases capitall and
criminall as civill, both marine and other, so alwaies as the said
statuts, ordinannces and proceedinges as neere as convenientlie maie be,
be agreable to the lawes, statutes, government and pollicie of this oure
realme of England.

And we doe further of oure speciall grace, certeine knowledge and mere
mocion, grant, declare and ordaine that such principall governour as
from time to time shall dulie and lawfullie be aucthorised and
appointed, in manner and forme in theis presents heretofore expressed,
shall [have] full power and aucthoritie to use and exercise marshall
lawe in cases of rebellion or mutiny in as large and ample manner as
oure leiutenant in oure counties within oure realme of England have or
ought to have by force of their comissions of lieutenancy.

And furthermore, if anie person or persons, adventurers or planters, of
the said Colonie, or anie other at anie time or times hereafter, shall
transporte anie monyes, goods or marchaundizes oute of anie [of] oure
kingdomes with a pretence or purpose to lande, sell or otherwise dispose
the same within the lymitts and bounds of the said Collonie, and yet
nevertheles beinge at sea or after he hath landed within anie part of
the said Colonie shall carrie the same into anie other forraine
Countrie, with a purpose there to sell and dispose there of that, then
all the goods and chattels of the said person or persons so offendinge
and transported, together with the shipp or vessell wherein such
transportacion was made, shalbe forfeited to us, oure heires and
successors.

And further, oure will and pleasure is, that in all questions and doubts
that shall arrise upon anie difficultie of construccion or
interpretacion of anie thinge contained either in this or in oure said
former lettres patents, the same shalbe taken and interpreted in most
ample and beneficiall manner for the said Tresorer and Companie and
their successors and everie member there of.

And further, wee doe by theis presents ratifie and confirme unto the
said Tresorer and Companie and their successors all privuleges,
franchesies, liberties and immunties graunted in oure said former
lettres patents and not in theis oure lettres patents revoked, altered,
channged or abridged.

And finallie, oure will and pleasure is and wee doe further hereby for
us, oure heires and successors grannte and agree, to and with the said
Tresorer and Companie and their successors, that all and singuler person
and persons which shall at anie time or times hereafter adventure anie
somme or sommes of money in and towards the said plantacion of the said
Colonie in Virginia and shalbe admitted by the said Counsell and
Companie as adventurers of the said Colonie, in forme aforesaid, and
shalbe enrolled in the booke or record of the adventurers of the said
Companye, shall and maie be accompted, accepted, taken, helde and
reputed Adventurers of the said Collonie and shall and maie enjoye all
and singuler grannts, priviledges, liberties, benefitts, profitts,
commodities [and immunities], advantages and emoluments whatsoever as
fullie, largely, amplie and absolutely as if they and everie of them had
ben precisely, plainely, singulerly and distinctly named and inserted in
theis oure lettres patents.

And lastely, because the principall effect which wee cann desier or
expect of this action is the conversion and reduccion of the people in
those partes unto the true worshipp of God and Christian religion, in
which respect wee would be lothe that anie person should be permitted to
passe that wee suspected to affect the superstitions of the Churche of
Rome, wee doe hereby declare that it is oure will and pleasure that none
be permitted to passe in anie voiadge from time to time to be made into
the saide countrie but such as firste shall have taken the oath of
supremacie, for which purpose wee doe by theise presents give full power
and aucthoritie to the Tresorer for the time beinge, and anie three of
the Counsell, to tender and exhibite the said oath to all such persons
as shall at anie time be sent and imploied in the said voiadge.

Although expresse mention [of the true yearly value or certainty of the
premises, or any of them, or of any other gifts or grants, by us or any
of our progenitors or predecessors, to the aforesaid Treasurer and
Company heretofore made, in these presents is not made; or any act,
statute, ordinance, provision, proclamation, or restraint, to the
contrary hereof had, made, ordained, or provided, or any other thing,
cause, or matter, whatsoever, in any wise notwithstanding.] In witnes
whereof [we have caused these our letters to be made patent. Witness
ourself at Westminster, the 23d day of May (1609) in the seventh year of
our reign of England, France, and Ireland, and of Scotland the ****]

          Per ipsum Regem exactum.

P. R. O. Chancery Patent Rolls (c. 66), 1796, 5; Stith, Appendix, pp.
8-22; Hening, Vol. I, pp. 80-98.




  VIRGINIA COUNCIL. "INSTRUCCIONS
  ORDERS AND CONSTITUCIONS ...
  TO SR THOMAS GATES KNIGHT GOVERNOR
  OF VIRGINIA"




MAY, 1609


    Instructions, orders and constitucions by way of advise sett
    downe, declared and propounded to Sir Thomas Gates, Knight,
    Governor of Virginia and of the Colony there planted and to
    be planted, and of all the inhabitants thereof, by us His
    Majesties Counsell for the direction of the affaires of that
    countrey for his better disposinge and proceedinge in the
    government thereof accordinge to the authority and power
    given unto us by virtue of His Majesties lettres patents.

1. Havinge considered the greate sufficiency and zealous affection which
you, Sir Thomas Gates, have many waies manifested unto us, and havinge
therefore by our Commission under our hands and seales constituted and
ordained you to be the Governor of Virginia, wee His Majesties Counsell
for that plantacion, have consulted and advised uppon divers
instructions for your safer and more deliberate proceedinge therein; and
therefore doe requier and charge you, accordinge to the Comission in
that behalf directed unto you, presently with all convenient speede to
take the charge and of our fleete consistinge of eight good shippes and
one pinnace and of sixe hundred land men to be transported under your
commaund, and with the first winde to sett saile for Virginia. And in
your passage thither you shall not land nor touch any of the Kinge of
Spaines his Dominions quetly possessed, without the leave or licence of
the governor of such place as you shal by accident or contrary windes be
forced into. You shall also hold counsell with the masters and pilotts
and men of the best experience what way is safest and fittest for you to
take, because we hold it daungerous that you should keepe the old course
of Dominico and Meins lest you fall into the hand of the Spaniard, who
may attend in that roade ready to intercept you:

2. When it shall please God that you have safely attained the Kings
River, and our porte and seate of James Towne in Virginia, wee advise
you to call by proclamacion into some publique place, all the governors,
officers, and other His Majesties subjects aswell already seated there
as transported with you, to whom you shall cause your Commission to be
directly reade, whereby significacion may be had of His Majesties
pleasure in establishinge you the Governor of that countrey and
plantacion, and the President, Councell and Colony there may take notice
of the revocacion of that fourme of governement by the first lettres
patents constituted and confirmed, and accordingly yeald due obedience
unto you, their Governor.

3. You shall demaund then and resume into your hands the former lettres
pattents and all instruccions & publique instruments given or sent unto
them and all bookes and records whatsoever of the generall proceedings
untill this time, and dispose of them in the future accordinge to your
discrecion.

4. Beinge setled in your government, you shall call unto you, for your
further advise and graver proceedinge, their principall officers and
gentlemen whom we do ordaine and appointe to be of the Councell and who
for earliness of their undertakings and their greate paines and merits
doe well deserve this honor & respect from us: Sir George Summers,
Knight, and Admirall of Virginia; Captaine John Smith, nowe President;
Captaine John Radclif; Captaine Peter Winne, Seirjant Major of the fort;
Mr. Mathewe Scrivenor, whom out of our good experience of his abilities
in that kinde we doe name and appointe to be Secretary of that Councell;
Captaine John Martine; Captaine Richard Waldoe, master of the workes;
Captaine Woode; and Mr. Fleetwoode, whom we assure ourselves you will
use with all good respecte in their places and to whome wee expecte that
you shall give such other preferrements as their former paines have
deserved, and in all matters of importance we require you to call them
to consultacion and to proceede therein with their advice; and wee doe
give further power and authority to you, to give the oathe of Counsellor
to such as are now named, or any other oathe in the like case,
accordinge to your direccion. Provided that they shall not have, single
nor together, anie bindinge or negative voice or power uppon your
conclusions but doe give you full authority, uppon just occasion to
sequester any of them from the execucion of any place whatsover, and to
depute another thereunto untill significacion unto us be here made:

5. You shall have power and authority to dispose and graunte any other
officer or commaunds whatsoever, either of governement or warr, except
such as are already disposed of by us to any persons of rancke or merite
(adventurers beings first regarded), accordinge to your discrecion and
so discharge or revoke the same or to sequester any so made or
constituted by us.

6. You shall take principall order and care for the true and reverent
worship of God that his worde be duely preached and his holy sacraments
administred accordinge to the constitucions of the Church of England in
all fundamentall pointes, and his ministers had in due observance and
respecte agreeable to the dignity of their callinge. And that all
atheisme, prophanes, popery, or schisme be exemplarily punished to the
honor of God and to the peace and safety of his Church, over which, in
this tendernes and infancy, you must be especially solicitous &
watchefull.

7. You shall, with all propensenes and diligence, endeavour the
conversion of the natives to the knowledge and worship of the true God
and their redeemer Christ Jesus, as the most pious and noble end of this
plantacion, which the better to effect you must procure from them some
convenient nomber of their children to be brought up in your language
and manners, and if you finde it convenient, we thinke it reasonable you
first remove from them their Iniocasockes or Priestes by a surprise of
them all and detaininge them prisoners, for they are so wrapped up in
the fogge and miserie of their iniquity and so tirrified with their
continuall tirrany, chained under the bond of deathe unto the divell
that while they live amounge them to poison and infecte them their
mindes, you shall never make any great progres into this glorious worke,
nor have any civill peace or concurre with them. And in case of
necessity or conveniency, we pronounce it not crueltie nor breache of
charity to deale more sharpely with them and to proceede even to dache
[death?] with these murtherers of soules and sacrificers of God's images
to the divill, referringe the consideracion of this as a waighty matter
of important consequence to the circumstances of the busines and place
in your discrecion.

8. You shall for capitall and criminal justice in case of rebellion and
mutiny and in all such cases of [provident (?)] necessity, proceede by
martiall lawe accordinge to your comission as of most dispatch and
terror and fittest for this governement; and in all other causes of that
nature as also in all matters of civill justice, you shall finde it
properest and usefullest for your governement to proceede rather as a
chauncelor than as a judge, rather uppon the naturall right and equity
then uppon the nicenes and lettre of the lawe which perplexeth in this
tender body, rather then dispatcheth all causes so that a summary and
arbitrary way of justice discreetely mingled with those gravities and
fourmes of magistracy as shall in your discrecion seeme aptest for you
and that place, wilbe of most use both for expedicion and for example:

9. You shall for the more regard and respect of your place, to begett
reverence to your authority and to refresh their mindes that obey the
gravity of those lawes under which they were borne; at your discrecion
use such fourmes and ensignes of governement as by our lettres pattents
wee are enabled to grant unto you; as also the attendance of a guarde
uppon your person, and in all such like cases you shall have power to
make, adde or distinguishe any lawes or ordinances at your discrecion
accordinge to the authority limited in your comission.

10. You shall, for the choice of plantacions observe two generall
rulles: that you rather seeke to the sun then from it, which is under
God the first cause both of health and riches; and that such places
which you resolve to build and inhabite uppon have at the leaste one
good outlett into the sea & fresh water to the land; that it be a dry
and wholesome earth and as free from woode as possiblie you may, whereby
you may have roome to discover about you and unshady ground to plant
nere you.

11. You must in every plantacion principally provide of your owne a
common graunge and storehowse of corne, besides that which you will
obtaine by tribute or trade with the natives.

12. In the distribucion of your men accordinge to these advises and
relacions which wee have receaved, we advise you to continue the
plantacion at James Towne with a convenient nomber of men, but not as
your situacion or citty, because the place is unwholsome and but in the
marish of Virginia, and to keepe it onely as a fitt porte for your
shippes to ride before to arive and unlade att; butt neither shall you
make it your principall storehowse or magazin either of armes, victualls
or goods, but because it is so accessable with shippinge that an enemy
may be easily uppon you with all the provision of ordinance and municion
and it is not to be expected that anie fortificacion there can endure an
enemy that hath the leasure to sitt downe before it.

13. The place you chose for your principall residence and seate to have
your catle, provisions of corne, foode, and magazin of other municion
in, as your greatest strength, trust and retraite, must be removed some
good distance from any navigable river, except with small boates, by
which no enemy shall dare to seeke your habitacion; and if in this place
some good fortificacion be made to which no ordinance can be brought by
water, if you be provided of victuall, you may dispute possession till a
straunger be wearied and starved.

14. Above the over falles of the Kinges River it is likely you shall
finde some convenient place to this purpose whither no enemy with ease
can approache nor with ordinance at all but by land, with at howe greate
disadvauntage he shall seeke when he must discover and fight at once
uppon straightes, in woodes, at foordes, and places of all
inconveniency, is easy to be considered; besides, you shall have the
commodity of the braunche of the river to bringe downe your provisions
from within the land in canooes and smalle boates in the River of
Chechehounnack, neere unto you and not farre of another navagable
outlett into the sea by the River of Pamaouke.

15. Foure dayes journey from your forte southewards is a towne called
Ohonahorn seated where the River of Choanocki devideth it self into
three braunches and falleth into the sea of Rawnocke in thirtie five
degrees; this place, if you seeke by Indian guides from James forte to
Winocke by water, from thence to Manqueocke, some twenty miles from
thence to Caththega, as much and from thence to Oconahoen, you shall
finde a brave and fruiteful seate every way unaccessable by a straunger
enemy, much more abundant in pochon and in the grasse silke called Cour
del Cherva and in vines, then any parte of this land knowne unto us.
Here we suppose, if you make your principall and cheife seate, you shall
doe most safely and richely because you are in the part of the land
inclined to the southe, and two of the best rivers will supply you;
besides you are neere to riche copper mines of Ritanoc and may passe
them by one braunche of this river, and by another, Peccarecamicke,
where you shall finde foure of the Englishe alive, left by Sir Walter
Rawely, which escaped from the slaughter of Powhaton of Roanocke, uppon
the first arrivall of our Colonie, and live under the proteccion of a
wiroane called Gepanocon, enemy to Powhaton by whose consent you shall
never recover them; one of these were worth much labour, and if you
finde them not, yet seach [search?] into this countrey, it is more
probable then towards the north.

16. These three habitations seeme enoughe for the nomber of the people
nowe transported, over every one of which you must appointe a discreete
commaunder that shall sett your men to severall workes accordinge to
their undertakings in the bookes by which they were receaved; in every
one of these there must be builte a church and a storehowse and a parte
of land sett out for corne for the publique and some allotted to the
care of manuringe and preparinge thereof. In buildinge your towns you
shall as easily keepe decorous and order as confusion; and so you shall
prepare for ornament and safety at once, for every streete may answere
one another and all of them the markett place or storehowse in the midle
which at the leaste must be paved and made firme and dry.

17. Your enemies can be but of two sortes, straungers and natives; for
the first, your defence must be uppon advauntage of the place and way
unto it, for fortes have no other use but that a fewe men may defend and
dispute their footinge with them against a greater nomber and to winne
time which, if you can do, a stranger cannot longe abide where he must
bringe all his releis [relief?] with him, and he shall have no way to
beseidge you but by blockinge you in and plantinge between you and the
sea, to which if you have two outeletts he must be very able and
powerfull that can do it; to prevent this you shall build some small
forte that may discry the sea neere Cape Comforte, and there hold a
reasonable garrison and keepe alwaies watch and longe boate that may be
ready to take the alarum and able to cary away our men, and munition if
you shall not be able to defend it. Besides it is not safe to lett any
of the savages dwell betwene you and the sea least they be made guides
to your enemies. To this commaunde wee desire Captaine Smith may be
allotted aswell for his earnest desire as the greate confidence & trust
that we have in his care & diligence.

18. The second enemy is the natives who can no way hurte you but by fire
or by destroyinge your catle, or hinderinge your workes by stealth or
your passages in small nombers; and in this sorte of warr there is most
perill if you be not very carefull, for if they may destroy but one
harvest or burne your townes in the night they will leave you naked and
exposed to famine and cold, and convey themselves into wodes where
revenge wilbe as difficult as unnecessary; to prevent that you must
keepe good watches in the fielde and suffer none of them to come nere
your corne in those daungerous seasons; and continuall centinells
without the walles or uttermost defences in the night; and you must give
order that your catle be kept in heards waited and attended on by some
small watch or so enclosed by them selves that they destroy not your
corne and other seed provisions.

19. For Powhaton and his Weroances it is clere even to reason beside our
experience that he loved not our neighbourhood and therefore you may no
way trust him, but if you finde it not best to make him your prisoner
yet you must make him your tributary, and all other his weroances about
him first to acknowledge no other lord but Kinge James, and so we shall
free them all from the tirrany of Powhaton ... uppon them. Every lord of
a province shall pay you and send you into your forte where you make
your cheif residence so many measures of corne at every harvest, soe
many basketts of dye, so many dozens of skins, so many of his people to
worke weekely, and of every thinge somewhat, accordinge to his
proporcion in greatenes of territory and men; by which meanes you shall
quietly drawe to your selves an annuall revenue of every commodity
growinge in that countrey and this tribute payd to you, for which you
shall deliver them from the exeacions of Powhaton which are now
burdensome, and protect and defend them from all their enemies; shall
also be a meanes of clearinge much ground of wood and of reducing them
to laboure and trade seinge for this rent onely they shall enjoye their
howses, and the rest of their travell quietly and many other commodities
and blessings of which they are yet insensible.

20. If you hope to winne them and to provide for your selves by trade
you wilbe deceaved, for already your copper is embased by your abundance
and neglect of prisinge it and they will never feede you but for feare.
Wherefore, if you perceave that they, uppon your landinge, fly up into
the countrey and forsake their habitacion, you must seise into your
custody half there corne and harvest and their Weroances and all other
their knowne successors at once whom, if you intreate well and educate
those which are younge and to succeede in the governement in your
manners and religion, their people will easily obey you and become in
time civill and Christian.

21. If you make freindship with any of these nations, as you must doe,
choose to doe it with those that are farthest from you and enemies unto
those amonge whom you dwell, for you shall have least occasion to have
differences with them and by that meanes a suerer league of amity, and
you shalbe suer of their trade partely for covetousnes and to serve
their owne ends, where the copper is yett in his primary estimacion
which Pohaton hath hitherto engrossed and partely for feare of
constrainte. Monocon, to the east and head of our river, Powhatons
enemy; and the Manahockes, to the northeast to the head of the River of
Moyompo in the necke of the land to the west betweene our bay and the
sea; Cathcatapeius, a greater Weroance then he is, also his enemy to the
Southeast and South--he hath no freinde to the north; the Masawoymekes
make continuall incursions uppon him and uppon all those that inhabite
the Rivers of Bolus and Myomps and to the northwest; Pocoughtuwonough
infecteth him with a terrible warr. With those you may hold trade and
freindeship good cheape for their emotenes [remoteness?] will prevent
all offence which must needes happen betweene us and them which we are
mingled with to the North. At the head bay is a large towne where is
store of copper and furres called Cataaneon that trade and discovery
wilbe to greate purpose, if it may be setled yearely.

22. Such trade as you shall finde necessary or profitable for you with
the Indians you shall endeavour to drawe them to seeke of you and to
bringe their commodities into your forte, which will greatly ease the
imployment of many men, and this you may bringe to passe by seeminge to
make litle estimacion of trade with them and by pretendinge to be so
able to consist within your selves as that you neede care for nothinge
of theires, but rather that you doe them a curtesy to spare such
necessaries as they want as leetle iron tooles, or copper, or the like
such as are convenient for traffique; and so one officer or two in every
forte, whom you must onely appointe to be truncmasters, may dispatch the
whole busines of trade which els will cost you many mens laboures if you
seeke it far from home. And besides these you must, by proclamacion or
edicte publiquely affixed, prohibite and forbidd uppon paine or
punishement of your discrecion all other persons to trade or exchange
for anythinge but such as shalbe necessarie for foode or clothinge; and
uppon all such commodities of yours as shall passe away from you
whatsoever, you must sett prises and values under which the
trunckemaster must not trade, and so you shalbe such to uphold the
reputacion of your commodity and to make your traffique rich, desired
and certaine; over this truncemaster there must be appointed a cape
merchant or officer belonginge to the store or provision house that must
deliver by booke all such things as shalbe allowed for trade and receave
and take an accounte of whatsover is retourned, accordinge to the prises
therein sett, and so beinge booked must store them up, to the publique
use of the colony.

23. You must constitute and declare some sharpe lawe with a penaltie
thereon to restraine the trade of any prohibited goods, especially of
swordes, pikeheads, gunnes, daggers, or any thinge of iron that may be
turned against you, and in case of such offence punishe severely; have
also especially regard that no arte or trade tendinge to armes in any
wise, as smithey, carpentry, of or such like, be taught the savages or
used in their presence, as they may learne therein.

24. Havinge deduced your colony into severall seates and plantacions
that may commodiously answere and receive one another, you must devide
your people into tennes, twenties, & so upwards, to every necessary
worke a competent nomber, over every one of which you must appointe some
man of care and [skill] in that worke to oversee them and to take daily
accounte of their laboures; and you must ordaine that every overseer of
such a nomber of workemen deliver once a weeke an accounte of the wholle
committed to his charge [to] the cheife governor or captaine of the
fourte; and that they also once a moneth make the like accounte to you
or your officer and that such goodes or provisions as are advanced or
gotten above expence may be receaved and entred into the capemarchantes
booke and so stored and preserved to the publique use of the colony. And
thus you shall both knowe howe your men are imployed, what they gett &
where it is, as also the measure of your provision and wealth.

25. For such of your men as shall attend any worke in or nere aboute
every towne, you shall doe best to lett them eate together at seasonable
howers in some publique place, beinge messed by sixe or five to a messe,
in which you must see there bee equality and sufficient that so they may
come and retourne to their worke without any delay and have no cause to
complaine of measure or to excuse their idlenes uppon the dressinge or
want of diett. You may well allowe them three howers in a somers day and
two in the winter, and shall call them together by ringinge of a bell
and by the same worne them againe to worke; for such as attend any
labouer so farre from the forte, as they cannot returne at seasonable
times, there must be a steward appointed that shall oversee there diett
and provision, els thoughe you give every one a reasonalbe allowance for
many dayes some will eate two meales at one & soe:

26. You shall give especiall order to the cheif commaunder of every
forte that the armes, powder and munition be well stored and looked into
and that the men be disposed into severall companies for warr and
captaines appointed over every fifty to traine them at convenient times
and to teache them the use of their armes and weapons and they may knowe
whether uppon all occasions and sudden attempts they shall repaire to
find them in a readines.

27. You must take especiall care what relacions come into England and
what lettres are written and that all thinges of that nature may be
boxed up and sealed and sent to first to the Councell here, accordinge
to a former instruccion unto the late president in that behalf directed;
and that at the arivall and retourne of every shippinge you endeavour to
knowe all the particuler passages and informacions given on both sides
and to advertise us accordingly.

28. Whensoever you consult of any busines of importance, wee advise you
to consider and deliberate all thinges patiently & willingly and to
heare every man his oppinion and objeccion, but the resultants out of
them or your owne determinacion what you intend to doe not to imparte to
any whatsoever, but to such onely as shall execute it, and to them also
under the sealle of your commaundement and but at the instant of their
partinge from you or the execucion of your will.

29. Next after buildinge, husbandry and manuringe the countrey for the
provision of life and conveniency, wee comend unto your care foure
principall waies of enrichinge the colonies and providinge returne of
commodity, of which you must be very solicitouse that our fleetes come
not home empty nor laden with useles marchandize. The first is discovery
either of the southe seas or royall mines, in the search of both which
we must referre you to the circumstances of your peace and your owne
discrecion; the second is trade whereby you recover all the commodities
of those countreys that ly far of and yet are accessable by water; the
third is tribute, by which you shall advaunce parte of what soever the
next lande can provide you can produce; the fourth is labour of your
owne men in makinge wines, pitche, tarre, sope, ashes, steele, iron,
pipestaves, in sowinge of hempe and flaxe, in gatheringe silke of the
grasse, and providinge the worme and in fishinge for pearle, codd,
sturgion, and such like.

30. Wee require you to call before you Captaine John Radcliffe and one
... Webbe who hath complained by peticion delivered unto you of divers
injuries and insolences done unto him in the governement of the said
Captaine Radcliffe, and accordingly to heare the cause and doe justice
in it as you shall finde reason in it your owne discrecion.

31. Whereas suite hath bine made unto us as for the retourne of Richard
Potts, David Wiffin and Post Ginnet, and sufficient reasons declared to
move us to graunte the same which hath bine agreed unto by the Councell
assembled, wee require you to give them their licence to come backe by
the next shippinge with such condicions or limitacions of retorne or
otherwise as you shall thinke good.

32. Whereas peticion hath bine made by the friends of John Tavernor,
capemarchant of the forte and store in Virginia, for his retorne uppon
some urgent occasion and for some time into England, we require you to
licence him so to do if it be his desire when you arive there; and we
doe nominate and appointe Thomas Wittingham into his roome and office,
beinge one in whose sufficiency and honesty we have greate confidence.

33. There beinge one George Liste, servant to John Woodall and sent over
by him with a chest of cheurgery sufficiently furnished, we require you
to give your licence to William Wilson, his fellowe, if the said George
Liste doe stay with you, to come backe in this passage, the better to
enfourme us what medicines and drugges are fittest to be provided for
the use of the colonie against the next supply.

34. You shall be very wary of grantinge freedomes and of givinge your
sealle to any but uppon good consideracion and greate merite, least you
make cheape the best way of our recompence; and in those you doe you
shall give with such limitacions of retorne in reasonable time as in
your discrecion shall seeme good.

35. If it shall please God that you should dy either in your way or in
your governement (which his mercy forbid) before other order be taken by
us therein, wee requier and commaund that the Councell there established
open a blacke boxe, marked with the figure of one and sealed with our
sealle, wherein they shall finde our determinacion concerninge the
successor to the governement; and do, in His Majesties name, charge and
commaund every person within the precincte of the Colony to give and
yeild due obedience to him so named and appointed accordinge unto his
commission unto him, directed as they will aunswere to the contrary at
their uttermost perill.

36. Wee also requier you, the present Governor & all your successors, to
keepe secret to your selves, unsealed and unbroken up, all such lettres,
schedules and instruments and whatsoever wee shall deliver you soe under
our sealle, especially two blacke boxes with divers markes wherein are
our commissions in cases of death or other vacacion of the Governor
untill such time as you shall find your self unlikely to live or
determined to returne, uppon which occasions wee requier you that they
be delivered before all the Councell to be opened successively after
such death or departure out of Virginia of any Governor.

Provided that in all thinges herein contained, except onely the
succession, wee doe by these our lettres instruccions binde you to
nothinge so strictely but that uppon due consideracion and good reason,
and uppon divers circumstances of time and place wherein we cannot here
conclude, you may in your discrecion departe and dissent from them and
change, alter or establishe, execute and doe all ordinances or acts
whatsoever that may best conducte to the glory of God, the honor of our
Kinge and nation to the good and perfect establishement of our Colony.
Geven under our hands and Councell sealle the      day of May, in the
seaventh yeare of His Majesties ragne of England, Fraunce & Ireland and
Scotland the two and fortithe.

Kingsbury, _Records of the Virginia Company of London_, Vol. III, pp.
12-24.




  VIRGINIA COUNCIL. "INSTRUCTIONS,
  ORDERS AND CONSTITUCIONS ... TO ...
  SIR THOMAS WEST, KNIGHT, LORD LA
  WARR."




1609/10(?)


    Instructions, orders and constitucions by way of advise sett
    downe, declared, propounded and delivered to the Right
    Honourable Sir Thomas West, Knight, Lord La Warr, Lord
    Governor and Capten Generall of Virginea and of the Colonies
    there planted and to be planted and of all other the
    inhabitants thereof, by us, His Majesties Counsell for the
    Companie of Adventurers and Planters in Virginea resident in
    England under the hands of some of us for the direccion of
    the affares of that countrey for his better disposinge and
    proceedinge in the government thereof, according to the
    authoritie and power given unto us by His Majesties lettres
    patents in that behalf, together with a copie of certaine of
    the cheifest instruccions which have bene formerlie given to
    Sir Thomas Gates, Knight, for his direccion, which coppie we
    have given to his Lordship to peruse and looke into but
    leave it to his discretion to use and put them in execution
    or to beare to be advised or directed by them further then
    in his owne discretion he shall thinke meete.

We, the said Councell, havinge considered the great & zealous affeccion
which you, Sir Thomas West, Knight, Lord Lawarr, have many wayes
manifested unto us and for the furtherance and advaunceinge of the
plantacion of Virginea have therefore by our commission under the handes
of some of us, constituted you to be Lord Governor and Captaine Generall
of Virginea and for your more safe and deliberate proceedinge in your
goverment there, have advised, constituted & agreed uppon divers
instructions followinge, vizt:

1. First, we require your Lordship to take into your charge our fleete
consistinge of three good shippes with the masters, mariners, sailors
and one hundred and fiftie landmen goinge in them to be transported
under your commaund with what speed conveniently you maye unto Virginea
and with the first winde to sett saile for that place and in your
passage thither not to lande or touche uppon anye of the Kinge of Spaine
his dominions by him quietly possessed without the licence of the
governour of such place first obtained, unles by necessitie of winde and
weather you shalbe forced thereunto; in which passage you shall holde
councell with the masters, pilates and men of best experience what way
is safest and fitt for you to take for your arrivinge in Virginea.

2. Your Lordships beinge landed there, we wishe you should (with what
convenientcy you may by proclamacion made) call into some publique place
all the governors, officers and other His Majesties subjects, aswell
already seated there as transported with you, to whom you shall manifest
your commission and cause it to be publiquely read to them, to the end
His Majesties pleasure may be knowne as alsoe our choise in
establishinge your Lordship Governor of Virginea and of the plantacion
there; and that the President, Counsell and Colony there may take notice
of our revocacion of all former kindes and formes of goverment,
constituted or confirmed, and that they accordingely may yeild due
obedience unto you, theire Lord Governor and Captaine Generall, at which
time we holde it fitt you tender unto every of them the oath of
supremacy to be by them taken whereby they shall manifest theire
obedience and loyaltie to His Majestie and you thereby the better
assured of theire fidelities as alsoe to be the rather encouraged to
comitt matter of counsell and charge unto them; att which time alsoe
your Lordship shall, in our opinions, doe well to give generall
commaundement that all former private or publique quarels, greivancs or
grudgs be from thenceforth from amongest them utterly abbandoned and
forgotten and they willingly embrace peace and love as becommeth
Christians without discention or hindrance to the common good or quiet.

3. Moreover, your Lordship shall demaunde and resume into your hands all
former commissions and all instructions and publique instruments given
or sent unto them and all bookes and records whatsoever of all the
proceedings untill this time and dispose of all theire offices and
places in the future accordinge to your discretion; except the office of
Leiuetennante Governor, which your Lordship is by your commission to
bestowe upon Sir Thomas Gates, if he shalbe there to execute the same,
and office of Marshall uppon Sir Thomas Dale, at this cominge thither,
and the office of Admirall upon Sir George Sumers, if he shalbe there,
and the office of Viceadmirall upon Capten Newport, he beinge there to
supplye the said place.

4. Your shippes beinge discharged of theire provision, we wishe that
they, the seamen and soe manie others as shalbe needfull for that worke,
be, with what convenient speed you may, employed to theire fishinge for
sturgeons and other fish; which done we desier your Lordship should make
up the residue of theire fraight with divers of the best severall
patternes of the land, commodities that you can gett there havinge
regarde more to the goodnes and qualitie of them then to the quantity;
and to retorne the said shippes for England with as quick dispatch as
you may for easinge of the Companie of Adventurers of the charge both of
wages of the said shippes, seamen and victualls which they must be att
untill they retorne.

5. After your Lordship is settled in your governement, we thinke it very
behofefull that you employ soe many of your people as shalbe needfull in
sowing, setting and plantinge of corne and such rootes for foode as you
for your better provision, sustentacion and maintennance shall thinke
meete to be planted.

6. As touchinge your landmen, we thinke fitt your Lordship should reduce
them all into severall bandes and companies of fifties or more when you
thinke good and to committ the charge of them to severall officers and
captaines to be exercised and trained up in martiall manner and warlike
discipline.

7. Your Lordship is to take principall order and care for the true
worship and service of God as by havinge the Gospell preched, frequent
prayers and the sacraments often administred as becommeth Christians.
And that such your ministers and preachers as shalbe with you be had in
due respect agreable to theire dignitie and callinge and that your
Lordship, with the counsell of your said prechers and ministers, doe, as
occasion shall be offered, proceede in punishinge of all atheisme,
prophanisme, popery and scisme by exemplary punishment to the honor of
God and to the peace and safety of his church over which in this
tendernes and infancy your Lordship must be especially solicitous and
watchfull.

8. It is very expedient that your Lordship with all diligence indeavor
the conversion of the natives and savages to the knowledge and worship
of the true God and theire redemer Christ Jesus as the most pious and
noble end of this plantacion; which the better to effecte you are to
procure from them some of theire children to be brought up in our
language and manners and, if you finde it convenient, we thinke it
necesserie you first remove from them the iniococks or priests by a
surprise of them and detaninge them prisoners and in case they shalbe
willfull and obstinate then to send over some three or foure of them
into England, we may endevor theire conversion here.

9. We holde it requisite that your Lordship in causes of civill justice,
proceede rather as a counsellor then as a judge; that is to saie, rather
uppon the right and equitie of the thinge in demaunde then uppon the
nicenes and letter of the lawe, which perplexeth in this tender body
rather then dispatcheth causes. Soe that a summary and arbitrary way of
justice, mingled with discreet formes of magistracy as shall in your
discretion seeme aptest for your Lordship to exercise in that place,
wilbe of most use both for expedicion and example and for criminall
causes, you are to deale therein according to your comission and good
discretion.

10. That your Lordship doe not permitt any shippe or vessell to trade or
traffique within your precincte to carrie from thence any commodities or
marchandizes without warrant brought you or sent to your Lordship from
the Councell for the Company of Adventurers under the Councell seale.

11. We doe require your Lordship that with what possible speed and
conveniency you may, after you are setled, you appointe a convenient
number with guides and some discreete commaunder to discover northwest,
south and southwest, beyonde the faulls ten or twelve dayes journey, and
that assone as may be your Lordship send unto us the narracion of that
voyage what rivers, lakes or seas they finde or here of with the
circumstanc there unto belonginge.

12. If Sir Thomas Gates be there arived and Sir George Sommers and
Capten Newport, or any of them, that your Lordship doe give unto Sir
Thomas Gates the place or office of Leiuetennant Governor to your
Lordship duringe the time of your Lordship and his abode there together,
and in your Lordships absence he beinge there to be your deputy and
cheif generall and commaunder of the whole Colonye and Companie, and to
rule and governe according to suche instructions as your Lordship shall
limitt and appointe him; and that Sir George Sommers may have the office
of Cheif Admirall under your Lordship and that Sir Ferdinando Weyneman
may have the office of Master of the ordinance, and that Capten Newport
may have the office of Viceadmirall unto your Lordship.

13. Your Lordship must take especiall care what relacions come into
England and what lettres are written & that all things of that nature
may be boxed up and sealed and sent first to the Counsell here,
accordinge to a former instruction unto the late Governor in that behalf
directed; and that att the arrival and retorne of every shippinge you
endeavor to knowe all the particuler passages and informacions given on
both sides and to advertise us accordingly.

14. Last of all, for temporall goverment & perticuler proceedinge in
your plantacion, in respect of the shortnes of time, we commende unto
your Lordship the copie of some of the cheifest of the old instruccions
before mencioned to have bene formerly delivered to Sir Thomas Gates, to
be used or refused as you shall in your wisdome thinke fitt, neither is
or meanes to tie your Lordship to the stricte perfourmance of theis newe
instructions but as occasion of time, place or necessetie shall requir
your Lordship may doe therein as shall seeme best in your owne
discretion. Southampton, Pembroke, Philip Mountgomery, Edward Cecill,
Walter Cope, Dudly Diggs, William Rumney, Thomas Smith, Robert Drewrye,
Robert Maunsell, Baptist Hicks, Christofer Brooke.

The copie of the old instruccions which were formerly with others
delivered to Sir Thomas Gates, Knight, att his goinge to Virginea for
his direccion in his goverment there, and noew are by us, His Majesties
Councill for the Companie of Adventurers for Virginea, given to the
Right Honourable, the Lord La Warr to looke into and advise on and at
his discretion to use [or] forbeare to put them in execucion.

Such of the old instructions which were formerly given to Sir Thomas
Gates, Knight, and nowe delivered to the Lord La Warre, beginne att the
ninth instruccion in the articles in thi booke which by waye of advise
were sett down to the said Sir Thomas Gates and soe are written ontill
you come to the thirtith instruccion which 30th, 31, 32 & 33
instructions are not given his Lordship but the 34th is given him, but
not the 35 nor 36, but the effect of the provisoe followinge is given.

Kingsbury, Vol. III, pp. 24-29




THE THIRD CHARTER




MARCH 12, 1612


James, by the grace of God [King of England, Scotland, France and
Ireland, Defender of the Faith;] to all to whom [these presents shall
come,] greeting. Whereas at the humble suite of divers and sundry our
lovinge subjects, aswell adventurers as planters of the First Colonie in
Virginia, and for the propagacion of Christian religion and reclayminge
of people barbarous to civilitie and humanitie, we have by our lettres
patent bearing date at Westminster the three and twentieth daie of May
in the seaventh yeare of our raigne of England, Frannce and Ireland, and
the twoe and fortieth of Scotland, given and grannted unto them, that
they and all suche and soe manie of our loving subjects as shold from
time to time for ever after be joyned with them as planters or
adventurers in the said plantacion, and their successors for ever, shold
be one body politique incorporated by the name of The Treasorer and
Planters of the Cittie of London for the First Colonie in Virginia;

And whereas allsoe for the greater good and benefitt of the said
Companie and for the better furnishing and establishing of the said
plantacion we did further [give], grannte and confirme by our said
lettres patent unto the said Treasorer and Companie and their successors
for ever, all those landes, contries and territories scituate, lyeing
and being in that part of America called Virginia, from the point of
land called Cape [or] Pointe Comfort all along the seacoste to the
northward twoe hundred miles, and from the said point of Cape Comfort
all along the seacoste to the sowthward twoe hundred miles, and all the
space and circuit of land lying from the sea coste of the precinct
aforesaid up or into the land throughout from sea to sea, west and
northwest, and allso all the islandes lying within one hundred miles
along the coast of both the seas of the precinct aforsaid, with diverse
other grannts, liberties, franchises, preheminences, privileges,
proffitts, benefitts, and commodities, grannted in and by our said
lettres patent to the said Tresorer and Companie, and their successors,
for ever:

Now for asmuchas we are given to undestande that in these seas adjoyning
to the said coast of Virginia and without the compasse of those twoe
hundred miles by us soe grannted unto the said Treasurer and Companie as
aforesaid, and yet not farr distant from the said Colony in Virginia,
there are or may be divers islandes lying desolate and uninhabited, some
of which are already made knowne and discovered by the industry,
travell, and expences of the said Company, and others allsoe are
supposed to be and remaine as yet unknowen and undiscovered, all and
every of which itt maie importe the said Colony both in safety and
pollecy of trade to populate and plant, in regard where of, aswell for
the preventing of perill as for the better comodity and prosperity of
the said Colony, they have bin humble suitors unto us that we wold be
pleased to grannt unto them an inlardgement of our said former lettres
patent, aswell for a more ample extent of their limitts and territories
into the seas adjoyning to and uppon the coast of Virginia as allsoe for
some other matters and articles concerning the better government of the
said Company and Collony, in which point our said former lettres patents
doe not extende soe farre as time and experience hath found to be
needfull and convenient:

We, therefore, tendring the good and happy successe of the said
plantacion both in respect of the generall weale of humane society as in
respect of the good of our owne estate and kingedomes, and being willing
to give furtherannt untoall good meanes that may advannce the benefitt
of the said Company and which maie secure the safety of our loving
subjects, planted in our said Colony under the favour and protection of
God Almighty and of our royall power and authority, have therefore of
our especiall grace, certain knowledge and mere mocion, given, grannted
and confirmed, and for us, our heires and successors we doe by theis
presents, give, grannt and confirme unto the said Treasurer and Company
of Adventurers and Planters of the said Citty of London for the First
Colony in Virginia, and to their heires and successors for ever, all and
singuler the said iselandes [whatsoever] scituat and being in anie part
of the said ocean bordering upon the coast of our said First Colony in
Virginia and being within three hundred leagues of anie the partes
hertofore grannted to the said Treasorer and Company in our said former
lettres patents as aforesaid, and being within or betweene the one and
fortie and thirty degrees of Northerly latitude, together with all and
singuler [soils] landes, groundes, havens, ports, rivers, waters,
fishinges, mines and mineralls, aswell royal mines of gold and silver as
other mines and mineralls, perles, precious stones, quarries, and all
and singuler other commodities, jurisdiccions, royalties, priviledges,
franchises and preheminences, both within the said tract of lande uppon
the maine and allso within the said iselandes and seas adjoyning,
whatsoever, and thereunto or there abouts both by sea and land being or
scituat; and which, by our lettres patents, we maie or cann grannt and
in as ample manner and sort as we or anie our noble progenitors have
heretofore grannted to anie person or persons or to anie Companie, bodie
politique or corporate or to any adventurer or adventurers, undertaker
or undertakers of anie discoveries, plantacions or traffique, of, in, or
into anie foreigne parts whatsoever, and in as lardge and ample manner
as if the same were herein particularly named, mencioned and expressed:
provided allwaies that the said iselandes or anie the premisses herein
mencioned and by theis presents intended and meant to be grannted be not
already actually possessed or inhabited by anie other Christian prince
or estate, nor be within the bounds, limitts or territories of the
Northerne Colonie, hertofore by us grannted to be planted by divers of
our loving subjects in the northpartes of Virginia. To have and to hold,
possesse and injoie all and singuler the said iselandes in the said
ocean seas soe lying and bordering uppon the coast or coasts of the
territories of the said First Colony in Virginia as aforesaid, with all
and singuler the said soiles, landes and groundes and all and singular
other the premisses heretofore by theis presents grannted, or mencioned
to be grannted, to them, the said Treasurer and Companie of Adventurers
and Planters of the Cittie of London for the First Colonie in Virginia,
and to their heires, successors and assignes for ever, to the sole and
proper use and behoofe of them, the said Treasurer and Companie and
their heires, successores and assignes for ever; to be holden of us, our
heires and successors as of our mannor of Eastgreenwich, in free and
common soccage and not in capite, yealding and paying therefore, to us,
our heires and successors, the fifte part of the oare of all gold and
silver which shalbe there gotten, had or obteined for all manner of
services, whatsoever.

And further our will and pleasure is, and we doe by theis presents
grannt and confirme for the good and welfare of the said plantacion, and
that posterity maie hereafter knowe whoe have adventured and not bin
sparing of their purses in such a noble and generous accion for the
generall good of theire cuntrie, and at the request and with the consent
of the Companie aforesaid, that our trusty and welbeloved subjects.[19]

    [Footnote 19: Stith gives the following names only: "George,
    Lord Archbishop of Canterbury, Henry, Earl of Huntington,
    Edward, Earl of Bedford, Richard, Earl of Clanrickard, &c."
    The following names in brackets are taken from the text in
    Brown's _Genesis_.]

  George, Lord Archbishopp of Canterbury
  Gilbert, Earle of Shrewsberry
  Mary, Countesse of Shrewesbeiry
  Elizabeth, Countesse of Derby
  Margarett, Countesse of Comberland
  Henry, Earle of Huntingdon
  Edward, Earle of Beddford
  Lucy, Countesse of Bedford
  Marie, Countesse of Pembroke
  Richard, Earle of Clanrickard
  Lady Elizabeth Graie
  William, Lord Viscount Cramborne
  William, Lord Bishopp of Duresme
  Henry, Lord Bishopp of Worceter
  John, Lord Bishopp of Oxonford
  William, Lord Pagett
  Dudley, Lord North
  Franncis, Lord Norries
  William, Lord Knollis
  John, Lord Harrington
  Robert, Lord Spencer
  Edward, Lord Denny
  William, Lord Cavendishe
  James, Lord Hay
  Elianor, Lady Cave [Carre]
  Maistres Elizabeth Scott, widdow
  Edward Sackvill, Esquier
  Sir Henry Nevill, of Aburgavenny, Knight
  Sir Robert Riche, Knight
  Sir John Harrington, Knight
  Sir Raphe Wimwood, Knight
  Sir John Graie, Knight
  Sir Henry Riche, Knight
  Sir Henry Wotton, Knight
  Peregrine Berly, Esquier [Berty]
  Sir Edward Phelipps, Knight, Maister of the Rolls
  Sir Moile Finche, Knight
  Sir Thomas Mansell, Knight
  Sir John St. John, Knight
  Sir Richard Spencer, Knight
  Sir Franncis Barrington, Knight
  Sir George Carie of Devonshire, Knight
  Sir William Twisden, Knight
  Sir John Leveson, Knight
  Sir Thomas Walsingham, Knight
  Sir Edward Care, Knight
  Sir Arthure Manwaringe, Knight
  Sir Thomas Jermyn, Knight
  Sir Valentine Knightley, Knight
  Sir John Dodderidge, Knight
  Sir John Hungerford, Knight
  Sir John Stradling, Knight
  Sir John Bourchidd, Knight [Bourchier]
  Sir John Bennett, Knight
  Sir Samuel Leonard, Knight
  Sir Franncis Goodwin, Knight
  Sir Wareham St. Legier, Knight
  Sir James Scudamore, Knight
  Sir Thomas Mildmaie, Knight
  Sir Percivall Harte, Knight
  Sir Percivall Willoughby, Knight
  Sir Franncis Leigh, Knight
  Sir Henry Goodere, Knight
  Sir John Cutt, Knight
  Sir James Parrett, Knight
  Sir William Craven, Knight
  Sir John Sammes, Knight
  Sir Carey Raleigh, Knight
  Sir William Maynard, Knight
  Sir Edmund Bowyer, Knight
  Sir William Cornewallis, Knight
  Sir Thomas Beomont, Knight
  Sir Thomas Cunningsby, Knight
  Sir Henry Beddingfeild, Knight
  Sir David Murray, Knight
  Sir William Poole, Knight
  Sir William Throgmorton, Knight
  Sir Thomas Grantham, Knight
  Sir Thomas Stewkley, Knight
  Sir Edward Heron, Knight
  Sir Ralph Shelten, Knight
  Sir Lewes Thesam, Knight
  Sir Walter Aston, Knight
  Sir Thomas Denton, Knight
  Sir Ewstace Hart, Knight
  Sir John Ogle, Knight
  Sir Thomas Dale, Knight
  Sir William Boulstrod, Knight
  Sir William Fleetwood, Knight
  Sir John Acland, Knight
  Sir John Hanham, Knight
  Sir Roberte Meller, Knight [Millor]
  Sir Thomas Wilford, Knight
  Sir William Lower, Knight
  Sir Thomas Lerdes, Knight [Leedes]
  Sir Franncis Barneham, Knight
  Sir Walter Chate, Knight
  Sir Thomas Tracy, Knight
  Sir Marmaduke Darrell, Knight
  Sir William Harrys, Knight
  Sir Thomas Gerrand, Knight
  Sir Peter Freetchvile, Knight
  Sir Richard Trevor, Knight
  Sir Amias Bamfeild
  Sir William Smith of Essex, Knight
  Sir Thomas Hewett, Knight
  Sir Richard Smith, Knight
  Sir John Heyward, Knight
  Sir Christopher Harris, Knight
  Sir John Pettus, Knight
  Sir William Strode, Knight
  Sir Thomas Harfleet, Knight
  Sir Walter Vaughan, Knight
  Sir William Herrick, Knight
  Sir Samuell Saltonstall, Knight
  Sir Richard Cooper, Knight
  Sir Henry Fane, Knight
  Sir Franncis Egiok, Knight
  Sir Robert Edolph, Knight
  Sir Arthure Harries, Knight
  Sir George Huntley, Knight
  Sir George Chute, Knight
  Sir Robert Leigh, Knight
  Sir Richard Lovelace, Knight
  Sir William Lovelace, Knight
  Sir Robert Yaxley, Knight
  Sir Franncis Wortley, Knight
  Sir Franncis Heiborne, Knight
  Sir Guy Palme, Knight
  Sir Richard Bingley, Knight
  Sir Ambrose Turvill, Knight
  Sir Nicholas Stoddard, Knight
  Sir William Gree, Knight
  Sir Walter Coverte, Knight
  Sir Thomas Eversfeild, Knight
  Sir Nicholas Parker, Knight
  Sir Edward Culpeper, Knight
  Sir William Ayliffe, Knight, and
  Sir John Keile, Knight
  Doctor George Mountaine, Dean of Westminster
  Lawrence Bohan, Docktor in Phisick
  Anthony Hinton, Doctor in Phisick
  John Pawlett
  Arthure Ingram
  Anthony Irby
  John Weld
  John Walter
  John Harris
  Anthony Dyott
  William Ravenscrofte
  Thomas Warre
  William Hackwill
  Lawrence Hide
  Nicholas Hide
  Thomas Stevens
  Franncis Tate
  Thomas Coventry
  John Hare
  Robert Askwith
  George Sanndys
  Franncis Jones
  Thomas Wentworth
  Henry Cromewell
  John Arundell
  John Culpeper
  John Hoskins
  Walter Fitz Williams
  Walter Kirkham
  William Roscarrock
  Richard Carmerdon
  Edward Carne
  Thomas Merry
  Nicholas Lichfeild
  John Middleton
  John Smithe, and
  Thomas Smith, the sonnes of Sir Thomas Smith
  Peter Franke
  George Gerrand
  Gregory Sprynte
  John Drake
  Roger Puleston
  Oliver Nicholas
  Richard Nunnington [Monyngton]
  John Vaughan
  John Evelin
  Lamorock Stradling
  John Riddall
  John Kettleby
  Warren Townsend
  Lionell Cranfeild
  Edward Salter
  William Litton
  Humfrey May
  George Thorpe
  Henry Sandys, and
  Edwin Sandys, the sonnes of Sir Edwin Sandys
  Thomas Conway
  Captaine Owen Gwinn
  Captaine Giles Hawkridge
  Edward Dyer
  Richard Connock
  Benjamin Brand
  Richard Leigh, and
  Thomas Pelham, Esquiers
  Thomas Digges, and
  John Digges, Esquiers, the sonnes of Sir Dudley Diggs, Knight
  Franncis Bradley
  Richard Buckminster [Buck]
  Franncis Burley
  John Procter
  Alexannder Whitakers
  Thomas Frake, thelder, and
  Henry Freake, thelder, Ministers of God's word
  The mayor and citizens of Chichester
  The mayor and jurates of Dover
  The bailiffs, burgesses and comonalty of Ipswich
  The mayor and comunalty of Lyme Regis
  The mayor and comonalty of Sandwich
  The wardens, assistants and companie of the Trinity House
  Thomas Martin
  Franncis Smaleman
  Augustine Steward
  Richard Tomlins
  Humfrey Jobson
  John Legate
  Robert Backley [Barkley]
  John Crowe
  Edward Backley [Barkley]
  William Flett [Fleet]
  Henry Wolstenholme
  Edmund Alleyn
  George Tucker
  Franncis Glanville
  Thomas Gouge
  John Evelin
  William Hall
  John Smithe
  George Samms
  John Robinson
  William Tucker
  John Wolstenholme, and
  Henry Wolstenholme, sonnes of John Wolstenholme, Esquier
  William Hodges
  Jonathan Mattall [Nuttall]
  Phinees Pett
  Captaine John Kinge
  Captaine William Beck
  Giles Alington
  Franncis Heiton, and
  Samuell Holliland, gentleman
  Richard Chamberlaine
  George Chamberlaine
  Hewett Staper
  Humfrey Handford
  Raph Freeman
  George Twinhoe [Swinhoe]
  Richard Pigott
  Elias Roberts
  Roger Harris
  Devereux Wogan
  Edward Baber
  William Greenewell
  Thomas Stilles [Shilds]
  Nicholas Hooker
  Robert Garsett
  Thomas Cordell
  William Bright
  John Reynold
  Peter Bartley
  John Willett
  Humfry Smithe
  Roger Dye
  Nicholas Leate
  Thomas Wale
  Lewes Tate
  Humfrey Merrett
  Roberte Peake
  Powell Isaackson
  Sebastian Viccars
  Jarvis Mundes
  Richard Warner
  Gresham Hogan Warner
  Daniell Deruley
  Andrew Troughton
  William Barrett
  Thomas Hodges
  John Downes
  Richard Harper
  Thomas Foxall
  William Haselden
  James Harrison
  William Burrell
  John Hodsall
  Richard Fishborne
  John Miller
  Edward Cooke
  Richard Hall, marchaunt
  Richard Hall, ankersmith
  John Delbridge
  Richard Francklin
  Edmund Scott
  John Britten
  Robert Stratt
  Edmund Pond
  Edward James
  Robert Bell
  Richard Herne
  William Ferrers
  William Millett
  Anthony Abdy
  Roberte Gore
  Benjamin Decrow
  Henry Tunberley [Timberly]
  Humfrey Basse
  Abraham Speckart
  Richard Moorer
  William Compton
  Richard Poulsoune [Pontsonne]
  William Wolaston
  John Desmont, clothier [Beomont]
  Alexannder Childe
  William Fald, fishmonger
  Franncis Baldwin
  John Jones, marchant
  Thomas Plomer
  Edward Plomer, marchants
  John Stoickden
  Robert Tindall
  Peter Erundell
  Ruben Bourne
  Thomas Hampton, and
  Franncis Carter, citizens of London,

whoe since our said last lettres patent are become adventurers and have
joined themselves with the former adventurers and planters of the said
Companie and societie, shall from henceforth be reputed, deemed and
taken to be and shalbe brethren and free members of the Companie and
shall and maie, respectively, and according to the proportion and value
of their severall adventures, have, hold and enjoie all suche interest,
right, title, priviledges, preheminences, liberties, franchises,
immunities, profitts and commodities whatsoever, in as lardge, ample and
beneficiall manner to all intents, construccions and purposes as anie
other adventures nominated and expressed in anie our former lettres
patent, or anie of them have or maie have by force and vertue of theis
presents, or anie our former lettres patent whatsoever.

And we are further pleased and we doe by theis presents grannt and
confirm that[20]

  Phillipp, Earle of Montgomery
  William, Lord Paget
  Sir John Harrington, Knight
  Sir William Cavendish, Knight
  Sir John Sammes, Knight
  Sir Samuell Sandys, Knight
  Sir Thomas Freke, Knight
  Sir William St. John, Knight
  Sir Richard Grobham, Knight
  Sir Thomas Dale, Knight
  Sir Cavalliero Maycott, Knight
  Richard Martin, Esquier
  John Bingley, Esquier
  Thomas Watson, Esquier, and
  Arthure Ingram, Esquier,

whome the said Treasurer and Companie have, since the said [last]
lettres patent, nominated and sett downe as worthy and discreete persons
fitt to serve us as Counsellors, to be of our Counsell for the said
plantacion, shalbe reputed, deemed and taken as persons of our said
Councell for the said First Colonie in such manner and sort to all
intents and purposes as those whoe have bin formerly ellected and
nominated as our Counsellors for that Colonie and whose names have bin
or are incerted and expressed in our said former lettres patent.

    [Footnote 20: Stith gives the following names only: "Philip,
    Earl of Mongomery, William, Lord Paget, Sir John
    Starrington, Knt. &c."]

And we doe hereby ordaine and grannt by theis presents that the said
Treasurer and Companie of Adventurers and Planters, aforesaid, shall and
maie, once everie weeke or oftener at their pleasure, hold and keepe a
court and assembly for the better ordening [ordering] and government of
the said plantacion and such thinges as shall concerne the same; and
that anie five persons of the said Counsell for the said First Collonie
in Virginia, for the time being, of which Companie the Treasurer or his
deputie allwaies to be one, and the nomber of fifteene others at the
least of the generality of the said Companie assembled together in such
court or assembly in such manner as is and hath bin heretofore used and
accustomed, shalbe said, taken, held and reputed to be and shalbe a full
and sufficient court of the said Companie for the handling, ordring and
dispatching of all such casuall and particuler occurrences and
accidentall matters of lesse consequence and waight, as shall from time
to time happen, touching and concerning the said plantacion.

And that, nevertheles, for the handling, ordring and disposing of
matters and affaires of great waight and importance and such as shall or
maie in anie sort concerne the weale publike and generall good of the
said Companie and plantacion as namely, the manner of government from
time to time to be used, the ordring and disposing of the said
possessions and the setling and establishing of a trade there, or such
like, there shalbe held and kept everie yeare uppon the last Wednesdaie
save one of Hillary, Easter, Trinity and Michaelmas termes, for ever,
one great, generall and solemne assembly, which fower severall
assemblies shalbe stiled and called The Fower Great and Generall Courts
of the Counsell and Companie of Adventurers for Virginia; in all and
every of which said great and generall Courts soe assembled our will and
pleasure is and we doe, for us, our heires and successors forever, give
and grannt to the said Treasurer and Companie and their successors for
ever by theis presents, that they, the said Treasurer and Companie or
the greater nomber of them soe assembled, shall and maie have full power
and authoritie from time to time and att all times hereafter to ellect
and choose discreet persons to be of our [said] Counsell for the said
First Colonie in Virginia and to nominate and appoint such officers as
theie shall thinke fitt and requisit for the government, managing,
ordring and dispatching of the affaires of the said Companie; and shall
likewise have full power and authority to ordaine and make such lawes
and ordinances for the good and wellfare of the said plantacion as to
them from time to time shalbe thought requisite and meete: soe allwaies
as the same be not contrary to the lawes and statutes of this our realme
of England; and shall in like manner have power and authority to
expulse, disfranchise and putt out of and from their said Companie and
societie for ever all and everie such person and persons as having
either promised or subscribed their names to become adventurers to the
said plantacion of the said First Colonie in Virginia, or having bin
nominated for adventurers in theis or anie our lettres patent or having
bin otherwise admitted and nominated to be of the said Companie, have
nevertheles either not putt in anie adventure [at] all for and towards
the said plantacion or els have refused and neglected, or shall refuse
and neglect, to bringe in his or their adventure by word or writing
promised within sixe monthes after the same shalbe soe payable and due.

And wheras the failing and nonpaiment of such monies as have bin
promised in adventure for the advanncement of the said plantacion hath
bin often by experience found to be danngerous and prejudiciall to the
same and much to have hindred the progresse and proceeding of the said
plantacion; and for that itt seemeth to us a thing reasonable that such
persons as by their handwriting have engaged themselves for the payment
of their adventures, and afterwards neglecting their faith and promise,
shold be compellable to make good and kepe the same; therefore our will
and pleasure is that in anie suite or suites comenced or to be comenced
in anie of our courts att Westminster, or elswhere, by the said
Treasurer and Companie or otherwise against anie such persons, that our
judges for the time being both in our Court of Channcerie and at the
common lawe doe favour and further the said suits soe farre forth as law
and equitie will in anie wise suffer and permitt.

And we doe, for us, our heires and successors, further give and grannt
to the said Tresorer and Companie, and their successors for ever, that
theie, the said Tresorer and Companie or the greater part of them for
the time being, so in a full and generall court assembled as aforesaid
shall and maie, from time to time and att all times hereafter, for ever,
ellect, choose and permitt into their Company and society anie person or
persons, as well straungers and aliens borne in anie part beyond the
seas wheresoever, being in amity with us, as our naturall liedge
subjects borne in anie our realmes and dominions; and that all such
persons soe elected, chosen and admitted to be of the said Companie as
aforesaid shall thereuppon be taken, reputed and held and shalbe free
members of the said Companie and shall have, hold and enjoie all and
singuler freedoms, liberties, franchises, priviledges, immunities,
benefitts, profitts and commodities, whatsoever, to the said Companie in
anie sort belonging or apperteining as fully, freely [and] amplie as
anie other adventurer or adventurers now being, or which hereafter att
anie time shalbe, of the said Companie, hath, have, shall, maie, might
or ought to have or enjoy the same to all intents and purposes
whatsoever.

And we doe further of our speciall grace, certaine knowledge and mere
mocion, for us, our heires and successors, give and grantt to the said
Tresorer and Companie and their successors, for ever by theis present,
that itt shalbe lawfull and free for them and their assignes att all and
everie time and times hereafter, out of anie our realmes and dominions
whatsoever, to take, lead, carry and transport in and into the said
voyage and for and towards the said plantacion of our said First
Collonie in Virginia, all such and soe manie of our loving subjects or
anie other straungers that will become our loving subjects and live
under our allegiance as shall willingly accompanie them in the said
voyage and plantacion; with shipping, armour, weapons, ordinannce,
munition, powder, shott, victualls, and all manner of merchandizes and
wares, and all manner of clothing, implement, furniture, beasts,
cattell, horses, mares, and all other thinges necessarie for the said
plantacion and for their use and defence, and for trade with the people
there and in passing and retourning to and froe, without paying or
yealding anie subsedie, custome or imposicion, either inward or outward,
or anie other dutie to us, our heires or successors, for the same, for
the space of seven yeares from the date of theis present.

And we doe further, for us, our heires and successors, give and grannt
to the said Treasurer and Companie and their successors for ever, by
theis present, that the said Treasurer of the said Companie, or his
deputie for the time being or anie twoe others of our said Counsell for
the said First Colonie in Virginia for the time being, shall and maie
attall times hereafter and from time to time, have full power and
authoritie to minister and give the oath and oathes of supremacie and
allegiannce, or either of them, to all and every person and persons
which shall, at anie time and times hereafter, goe or passe to the said
Colonie in Virginia:

And further, that itt shalbe likewise lawfull for the said Tresorer, or
his deputy for the time, or anie twoe others of our said Counsell for
the said First Colonie in Virginia, for the time being, from time to
time and att all times hereafter, to minister such a formall oathe as by
their discrescion shalbe reasonably devised, aswell unto anie person or
persons imployed or to be imployed in, for, or touching the said
plantacion for their honest, faithfull and just dischardge of their
service in all such matters as shalbe committed unto them for the good
and benefitt of the said Company, Colonie and plantacion; as alsoe unto
such other person or persons as the said Treasurer or his deputie, with
twoe others of the said Counsell, shall thinke meete for the examinacion
or clearing of the truith in anie cause whatsoever concerninge the said
plantacion or anie business from thence proceeding or there unto
proceeding or thereunto belonging.

And, furthermore, whereas we have ben certefied that diverse lewde and
ill disposed persons, both sailors, souldiers, artificers, husbandmen,
laborers, and others, having received wages, apparrell or other
entertainment from the said Company or having contracted and agreed with
the said Companie to goe, to serve, or to be imployed in the said
plantacion of the said First Colonie in Virginia, have afterwards either
withdrawen, hid or concealed themselves, or have refused to goe thither
after they have bin soe entertained and agreed withall; and that divers
and sundry persons allso which have bin sent and imployed in the said
plantacion of the said First Colonie in Virginia at and upon the chardge
of the said Companie, and having there misbehaved themselves by
mutinies, sedition, and other notorious misdemeanors, or having bin
employed or sent abroad by the governor of Virginia or his deputie with
some ship or pinnace for provisions for the said Colonie, or for some
discoverie or other buisines and affaires concerning the same, have from
thence most trecherouslie either come back againe and retorned into our
realme of England by stelth or without licence of our Governor of our
said Colonie in Virginia for the time being, or have bin sent hither as
misdoers and offenders; and that manie allsoe of those persons after
their retourne from thence, having bin questioned by our said Counsell
here for such their misbehaviors and offences, by their insolent and
contemptuous carriage in the presence of our said Counsaile, have shewed
little respect and reverence, either to the place or authoritie in which
we have placed and appointed them; and others, for the colouring of
their lewdnes and misdemeanors committed in Virginia, have endeavored
them by most vile and slanndrous reports made and divulged, aswell of
the cuntrie of Virginia as alsoe of the government and estate of the
said plantacion and Colonie, as much as in them laie, to bring the said
voyage and plantacion into disgrace and contempt; by meanes where of not
only the adventures and planters alreadie ingaged in the said plantacion
have bin exceedingly abused and hindred, and a greate nomber of other
our loving and welldisposed subjects otherwise well affected and
inclyning to joine and adventure insoe noble, Christian and worthie an
action have bin discouraged from the same, but allsoe the utter
overthrow and ruine of the said enterprise hath bin greatlie indanngered
which cannott miscarrie without some dishonor to us and our kingdome;

Now, for asmuch as it appeareth unto us that theis insolences,
misdemeanors and abuses, not to be tollerated in anie civill government,
have for the most part growne and proceeded inregard of our Counsaile
have not anie direct power and authoritie by anie expresse wordes in our
former lettres patent to correct and chastise such offenders, we
therefore, for the more speedy reformacion of soe greate and enormous
abuses and misdemeanors heretofore practised and committed, and for the
preventing of the like hereafter, doe by theis present for us, our
heires and successors, give and grannt to the said Treasurer and
Companie, and their successors for ever, that itt shall and maie be
lawfull for our said Councell for the said First Colonie in Virginia or
anie twoe of them, whereof the said Tresorer or his deputie for the time
being to be allwaies one, by warrant under their handes to send for, or
cause to be apprehended, all and every such person and persons who
shalbe noted or accused or found, att anie time or times here after, to
offend or misbehave themselves in anie the offences before mencioned and
expressed; and uppon the examinacion of anie such offender or offendors
and just proofe made by oath taken before the Counsaile of anie such
notorious misdemeanors by them committed as aforesaid; and allsoe uppon
anie insolent, contemptuous or unreverent carriage and misbehavior to or
against our said Counsell shewed or used by anie such person or persons
soe called, convented and apearing before them as aforesaid; that in all
such cases theie, our said Counsell or anie twoe of them for the time
being, shall and maie have full power and authoritie either here to
binde them over with good suerties for their good behaviour and further
therein to proceed to all intents and purposes, as itt is used in other
like cases within our realme of England; or ells att their discrescion
to remannd and send back the said offenders or anie of them unto the
said Colonie in Virginia, there to be proceeded against and punished as
the Governor, deputie and Counsell there for the time being shall thinke
meete; or otherwise, according to such lawes and ordinannces as are or
shalbe in use there for the well ordring and good governement of the
said Colonie.

And, for the more effectuall advanncing of the said plantacion, we doe
further, for us, our heires and successors, of our especiall grace and
favour, by vertue of our prorogative royall and by the assent and
consent of the Lordes and others of our Privie Counsalle, give and
grannte unto the said Tresorer and Companie full power and authoritie,
free leave, libertie and licence to sett forth, errect and publishe one
or more lotterie or lotteries to have continuance and to [endure] and be
held for the space of one whole yeare next after the opening of the
same, and after the end and expiracion of the said terme the said
lotterie or lotteries to continue and be further kept, during our will
and pleasure onely and not otherwise. And yet, nevertheles, we are
contented and pleased, for the good and wellfare of the said plantacion,
that the said Tresorer and Companie shall, for the dispatch and
finishing of the said lotterie or lotteries, have six months warninge
after the said yeare ended before our will and pleasure shall, for and
on that behalfe, be construed, deemed and adjudged to be in anie wise
altered and determined.

And our further will and pleasure is that the said lottery or lottaries
shall and maie be opened and held within our cittie of London or in anie
other cittie or citties, or ellswheare within this our realme of
England, with such prises, articles, condicions and limitacions as to
them, the said Tresorer and Companie, in their discreascions shall seeme
convenient.

And that itt shall and may be lawfull to and for the said Tresorer and
Companie to ellect and choose receivors, auditors, surveyors,
comissioners, or anie other officers whatsoever, att their will and
pleasure for the better marshalling and guiding and governing of the
said lottarie or lottaryes; and that itt shalbe likewise lawfull to and
for the said Tresorer and anie twoe of the said Counsell to minister
unto all and everie such persons soe ellected and chosen for officers as
aforesaid one or more oathes for their good behaviour, just and true
dealing in and about the lottarie or lottaries to the intent and purpose
that none of our loving subjects, putting in their monies or otherwise
adventuring in the said generall lotterie or lottaries, maie be in anie
wise defrauded and deceived of their said monies or evill and
indirectlie dealt withall in their said adventures.

And we further grannt in manner and forme aforesaid, that itt shall and
maie be lawfull to and for the said Treasurer and Companie, under the
scale of our Counsell for the plantacion, to publishe or to cause and
procure to be published by proclamacion or otherwise, the said
proclamacion to be made in their name by vertue of theise present, the
said lottarie or lotteries in all citties, townes, boroughts,
throughfaires and other places within our said realme of England; and we
will and commande all mayors, justices of peace, sheriffs, bayliffs,
constables and other our officers and loving subjects whatsoever, that
in noe wise theie hinder or delaie the progresse and proceeding of the
said lottarie or lottaries but be therein and, touching the premisses,
aiding and assisting by all honest, good and lawfull meanes and
endevours.

And further our will and pleasure is that in all questions and dobts
that shall arise uppon anie difficultie of construccion or
interpretacion of anie thing conteined in theis or anie other our former
lettres patent the same shalbe taken and interpreted in most ample and
beneficiall manner for the said Tresorer and Companie and their
successors and everie member there of.

And lastly we doe by theis present retifie and confirme unto the said
Treasorer and Companie, and their successors for ever, all and all
manner of priviledges, franchises, liberties, immunities, preheminences,
profitts and commodities whatsoever grannted unto them in anie our
[former] lettres patent and not in theis present revoked, altered,
channged or abridged. Although expresse mencion [of the true yearly
value or certainty of the premises, or any of them, or of any other gift
or grant, by us or any of our progenitors or predecessors, to the
aforesaid Tresurer and Company heretofore made, in these Presents is not
made; or any statute, act, ordinance, provisions, proclamation, or
restraint, to the contrary thereof heretofore made, ordained, or
provided, or any other matter, cause, or thing, whatsoever, to the
contrary, in any wise, notwithstanding.]

In witnes whereof [we have caused these our letters to be made patents.]
Wittnes our selfe att Westminster, the twelveth daie of March [1612] [in
the ninth year of our reign of England, France, and Ireland, and of
Scotland the five and fortieth.]

          Per breve de privato sigillo, etc.

P. R. O. Chancery Patent Rolls (c. 66), 1709; Stith, Appendix, pp.
23-32; Hening, Vol. I, pp. 98-110.




  VIRGINIA COMPANY. INSTRUCTIONS TO
  GEORGE YEARDLEY

  (Sometimes called "The Great Charter")[21]

    [Footnote 21: There is no authority in these Instructions
    for the Governor to establish a General Assembly. There is,
    however, evidence in the Instructions to Wyatt (p. 123) that
    a "Commission" was given to Yeardley which granted this
    authority.]




NOVEMBER 18, 1618


The Treasurer and Companie of Adventurers and Planters of the City of
London for the First Colony in Virginia to Captain George Yeardley,
Elect Governor of Virginia, and to the Council of State there being or
to be, greeting:

Our former cares and endeavours have been chiefly bent to the procuring
and sending people to plant in Virginia so to prepare a way and to lay a
foundation whereon a flourishing state might, in process of time by the
blessing of Almighty God, be raised. Now our trust being that under the
goverment of you, Captain Yeardly, with the advice and assistance of the
said Council of State, such public provisions of corn and cattle will
again be raised as may draw on those multitudes who, in great abundance
from diverse parts of the realm, were preparing to remove thither, if by
the late decay of the said public store their hopes had not been made
frustrate and their minds thereby clene discouraged. We have thought
good to bend our present cares and consultations, according to the
authority granted unto us from His Majesty under his Great Seal, to the
setling there of a laudable form of government by majestracy and just
laws for the happy guiding and governing of the people there inhabiting,
like as we have already done for the well ordering of our courts here
and of our officers and accions for the behoof of that plantation. And
because our intent is to ease all the inhabitants of Virginia forever of
all taxes and public burthens, as much as may be, and to take away all
occasion of oppression and corruption, we have thought fit to begin
(according to the laudable example of the most famous common wealthes
both past and present) to alot and lay out a convenient portion of
public lands for the maintenance and support as well of magistracy and
officers as of other public charges both here and there from time to
time arising. We, therefore, the said Treasurer and Company, upon a
solemn treaty and resolution and with the advice, consent and assent of
His Majesties Council here of Virginia, being assembled in a great and
general Court of the Council and Company of Adventurers for Virginia,
require you, the said Governor and Council of Estate, to put in
execution with all convenient speed a former order of our courts (which
had been commended also to Captain Argal at his making Deputy Governor)
for the laying and seting out by bounds and metes of three thousand
acres of land in the best and most convenient place of the territory of
James town in Virginia and next adjoining to the said town to be the
seat and land of the Governor of Virginia for the time being, and his
successors, and to be called by the name of the Governors Land, which
Governors Land shall be of the freed grounds by the common labor of the
people sent thither at the Companies charges, and of the lands formerly
conquered or purchased of the Paspeheies and of other grounds next
adjoining. In like sort we require you to set and lay out by bounds and
metes other three thousand acres of good land within the territory of
James town which shall be convenient, and in such place or places as in
your discretions you shall find meet; which latter three thousand acres
shall be and so called the Companies Land. And we require you, Captain
Yeardley, that immediately upon your arrival you take unto you the guard
assigned to Captain Argal at his going Deputy Governor, or sithence by
him assumed, to be of your guard [for the better defence][22] of your
Government; and that as well the said guard as also fifty other persons,
now sent and transported with you, you place as tennants on the said
Governors Land and that all other persons heretofore transported at the
common charge of the Company since the coming away of Sir Thomas Dale,
Knight, late Deputy Governor, be placed as tennants on the said
Companies Lands. And we will and ordain that all the said tennants on
the Governors and Companies Lands shall occupy the same to the half part
of the profits of the said lands, so as the one half to be and belong to
the said tennants themselves and the other half respectively to the said
Governor and to us, the said Treasurer and Company and our successors.
And we further will and ordain that of the half profits arising out of
the said Companies Lands and belonging to us, the said Treasurer and
Company, the one moiety be imploied for the entertainment of the said
Councel of Estate there residing and of other public officers of the
general Colony and plantation (besides the Governor), according to the
proportion as hereafter we shall express and in the mean time as you in
your discretions shall think meet. And the other moiety be carefully
gathered, kept and shipped for England for the public use of us, the
said Treasurer and Company and our successors. And we will and ordain
that, out of the half profits of the said Companies Lands to us
belonging, one fifth part be deducted and alotted for the wages of the
bailiffs and other officers which shall have the oversight and goverment
of the said tenants and lands, and the dividing, gathering, keeping or
shiping of the particular moiety of the profits belonging either to the
said Council and officer there or to us, the said Treasurer and Company
and our successors, as aforesaid. Provided alwaies, that out of the said
Companies Land a sufficient part be exempted and reserved for the
securing and wintering of all sorts of cattle which are or shall be the
public stock and store of the said Company. And forasmuch as our intent
is to establish one equal [blank of several lines][23] plantations,
whereof we shall speak afterwards, be reduced into four cities or
burroughs, namely: the cheif city called James town, Charles City,
Henrico, and the Burrough of Kiccowtan. And that in all these foresaid
cities or burroughs and ancient adventurers and planters which [were]
transported thither, with intent to inhabit at their own costs and
charges, before the coming away of Sir Thomas Dale, Knight, and have so
continued during the space of three years, shall have upon a first
division, to be afterward by us augmented, one hundred acres of land for
their personal adventure and as much for every single share of twelve
pound ten shillings paid [for such share], allotted and set out to be
held by them, their heirs and assigns, forever. And that for all such
planters as were brought thither at the Companies charge to inhabit
there, before the coming away of the said Sir Thomas Dale, after the
time of their service to the Company on the common Land agreed shall be
expired, there be set out one hundred acres of land for each of their
personal adventurers to be held by them, their heirs and assigns, for
ever; paying for every fifty acres the yearly free rent of one shilling
to the said Treasurer and Company and their successors, at one entire
payment on the feast day of St Michael the Archangel, for ever. And in
regard that by the singular industry and virtue of the said Sir Thomas
Dale the former difficulties and dangers were in greatest part overcome
to the great ease and security of such as have been since that time
transported thither, we do, therefore, hereby ordain that all such
persons as sithence the coming away of the said Sir Thomas Dale have at
their own charges been transported thither to inhabit, and so continued
as aforesaid, there be allotted and set out upon a first division fifty
acres of land to them and their heirs, for ever, for their personal
adventure, paying a free rent of one shilling yearly in manner
aforesaid.

    [Footnote 22: Editorial insertion by Kingsbury.]

    [Footnote 23: Editorial note by Kingsbury.]

And that all persons which since the going away of the said Sir Thomas
Dale have been transported thither at the Companies charges, or which
hereafter shall be so transported, be placed as tenants on the Companies
lands for term of seven years, occupy the same to the half part of the
profits as is abovesaid. We therefore will and ordain that other three
thousand acres of land be set out in the fields and territory of Charles
City; and other three thousand acres of land in the fields and
territories of Henrico; and other three thousand acres of land in the
fields and territory of Kiccowtan, all which to be and be called the
Companies Lands and to be occupied by the Companies tenants for half
profits as afore said. And that the profits belonging to the Company be
disposed by their several moieties in the same manner as before set down
touching the Companies lands in the territory of James Town with like
allowance to the bailies and reservation of ground for the common store
of cattle in those several places, as is there set down. And our will is
that such of the Companies tenants as already inhabite in those several
cities or burroughs be not removed to any other city or burrough but
placed on the Companies Lands belonging to those cities or burroughs
where they now inhabite; provided alwaies, that if any private person,
without fraud or injurious intent to the public at his own charges, have
freed any of the said lands formerly appointed to the Governor, he may
continue and inhabite there till a valuable recompence be made him for
his said charges. And we do hereby ordain that the Governors house in
James town, first built by Sir Thomas Gates, Knight, at the charges and
by the servants of the Company, and since enlarged by others by the very
same means, be and continue for ever the Governors house, any pretended
undue grant made by misinformation and not in a general and quarter
court to the contrary in anywise notwithstanding. And to the intent that
godly, learned and painful ministers may be placed there for the service
of Almighty God & for the spiritual benefit and comfort of the people,
we further will and ordain that in every of those cities or burroughs
the several quantity of one hundred acres of land be set out in quality
of glebe land toward the maintenance of the several ministers of the
parishes to be there limited; and for a further supply of their
maintenance there be raised a yearly standing and certain contribution
out of the profits growing or renuing within the several farmes of the
said parish; and so as to make the living of every minister, two hundred
pounds sterling per annum or more as hereafter there shall be cause. And
for a further ease to the inhabitants of all taxes and contributions for
the support and entertainment of the particular magistrates and officers
and of other charges to the said citys and burroughs, respectively
belonging, we likewise will and ordain that within the precincts or
territories of the said cities and burroughs shall be set out and
alotted the several quantities of fifteen hundred acres of land to be
the common land of the said citie or burrough, for the uses aforesaid,
and to be known and called by the name of the Cities or Burroughs Land.
And whereas, by a special grant and licence from His Majesty, a general
contribution over this realm hath been made for the building and
planting of a college for the training up of the children of those
infidels in true religion, moral virtue and civility, and for other
godly uses, we do, therefore, according to a former grant and order,
hereby ratifie, confirm and ordain that a convenient place be chosen and
set out for the planting of a university at the said Henrico in time to
come and that in the mean time preparation be there made for the
building of the said college for the children of the infidels, according
to such instructions as we shall deliver; and we will and ordain that
ten thousand acres, partly of the lands they impaled and partly of other
land within the territory of the said Henrico, be alotted and set out
for the endowing of the said university and college with convenient
possessions. Whereas also we have heretofore, by order of court in
consideration of the long, good and faithful service done by you,
Captain George Yeardley, in our said Colony and plantation of Virginia,
and in reward there of as also in regard of two single shares in money
paid into our treasury, granted unto you, the said Captain Yeardley, all
that parcel of marsh ground called Weynock and also one other peice and
percel of land adjoining to the same marsh called by the Natives
_Konwan_, one parcel whereof abutteth upon a creek there called Mapscock
towards the east, and the other parcel thereof towards a creek there
called Queens Creek on the west and extendeth in breadth to landward
from the head of the said creek called Mapscock up to the head of the
said creek called Queens Creek (which creek called Queens Creek is
opposite to that point there which is now called the Tobacco point and
abutteth south upon the River and north to the Landward), all which
several lands are or shall be henceforward accounted to be lying within
the territory of the said Charles City and exceed not the quantity of
two thousand and two hundred acres, we therefore, the said Treasurer and
Company, do hereby again grant, ratifie and confirm unto you, the said
Captain George Yeardley, the said several grounds and lands; to have and
to hold the said grounds and lands to you, the said Captain George
Yeardley, your heirs and assigns, for ever. And for the better
encouragement of all sorts of necessary and laudable trades to be set up
and exercised within the said four cities burroughs, we do hereby ordain
that if any artizans or trademen shall be desirous rather to follow his
particular art or trade then to be imploied in husbandry or other rural
business, it shall be lawful for you, the said Governor and Councel, to
alot and set out within any of the precincts aforesaid one dwelling
house with four acres of land adjoining and held in fee simple to every
said tradsman, his heirs and assigns for ever, upon condition that the
said tradesman, his heirs and assigns do continue and exercise his trade
in the said house paying only a free rent of four pence by the year to
us, the said Treasurer and Company and our successors, at the feast of
St Michael the Archangel, for ever. And touching all other particular
plantations set out or like to be set out in convenient multitudes,
either by divers of the ancient adventurers associating themselves
together (as the Society of Smiths Hundred and Martins Hundred) or by
some ancient adventurer or planter associating others unto him (as the
plantation of Captain Samuel Argall and Captain John Martin and that by
the late Lord La Warre advanced) or by some new adventurers joining
themselves under one head (as the plantation of Christopher Lawne,
Gentleman, and others now in providing), our intent being according to
the rules of justice and good government to alot unto every one his due
yet so as neither to breed disturbance to the right of others nor to
interrupt the good form of government intended for the benefit of the
people and strength of the Colony; we do therefore will and ordain that
of the said particular plantations none be placed within five miles of
the said former cities and boroughs, and that if any man, out of his own
presumption or pleasure without special direction from us, hath
heretofore done otherwise a convenient time be assigned him and then by
your discretions to remove to some farther place by themselves, to be
chosen with the allowance and assent of the Governor for the time being
and the Council of Estate; and that the inhabitants of the said city or
burrough too near unto which he or they were placed make him and them a
valuable recompense for their charges and expence of time in freeing of
grounds and building within those precincts; in like sort, we ordain
that no latter particular plantation shall at any time hereafter be
seated within ten miles of a former; we also will and ordain that no
particular plantation be or shall be placed straglingly in divers places
to the weakening of them, but be united together in one seat and
territory that so also they may be incorporated by us into one body
corporate and live under equal and like law and orders with the rest of
the Colony; we will and ordain also for the preventing of all fraud in
abusing of our grants, contrary to the intent and just meaning of them,
that all such person or persons as have procured or hereafter shall
procure grants from us in general words unto themselves and their
associates or to like effect shall within one year after the date hereof
deliver up to us in writing, under their hands and seals, as also unto
you, the said Governor and Councel, what be or were the names of those
their first associates; and if they be of the adventurers of us, the
Company which have paid into our treasury money for their shares, that
then they express in that their writing for how many shares they join in
the said particular plantation, to the end a due proportion of land may
be set out unto them and we the said Treasurer and Company be not
defrauded of our due; and if they be not of the adventurers of the
Company which have paid into our treasury money for their shares, yet
are gone to inhabit there and so continue for three years, there be
allotted and set out fifty acres of land for every such person paying a
free rent of twelve pence the year, in manner aforesaid, and all such
persons having been planted there since the coming away of Sir Thomas
Dale; and forasmuch as we understand that certain persons, having
procured such grants in general words to themselves and their associates
or to like effect, have corruptly of late endeavoured for gain and worse
respects to draw many of the ancient planters of the said four cities or
burroughs to take grants also of them and thereby to become associated
unto them with intent also by such means to overstrengthen their party;
and thereupon have adventured on divers enormous courses tending to the
great hurt and hindrance of the Colony; yea, and have also made grants
of like association to masters of ships and mariners never intending
there to inhabit, thereby to defraud His Majesty of the customs due unto
him; we, to remedy and prevent such unlawful and greedy courses tending
also directly to faction and sedition, do hereby ordain that it shall
not be lawful for the grantees of such grants to associate to any other
unto them then such as were their associates from the first time of the
said grants, without express licence of us, the said Treasurer and
Company, in a great general and quarter court under our seal obtained;
and that all such after or under grants of association made or to be
made by the said grantees shall be to all intents and purposes utterly
void. And for as much as we understand that divers particular persons
(not members of our Company), with their companies, have provided or are
in providing to remove into Virginia with intent (as appeareth) by way
of association to shroud themselves under the general grants last
aforesaid, which may tend to the great disorder of our Colony and
hinderance of the good government which we desire to establish, we do
therefore hereby ordain that all such persons as of their own voluntary
will and authority shall remove into Virginia, without any grant from us
in a great general and quarter court in writing under our seal, shall be
deemed (as they are) to be occupiers of our land, that is to say, of the
common lands of us, the said Treasurer and Company; and shall yearly pay
unto us for the said occupying of our land one full fourth part of the
profits thereof till such time as the same shall be granted unto them by
us in manner aforesaid, and touching all such as being members of our
Company and adventurers by their monies paid into our treasury, shall
either in their own person or by their agents, tennants or servants set
up in Virginia any such particular plantation, tho with the privity of
us, the said Treasurer and Company, yet without any grant in writing
made in our said general quarter courts as is requisite, we will and
ordain that the said adventurers or planters shall, within two year
after the arrival of them or their company in Virginia, procure our
grant in writing to be made, in our general quarter court and under our
seal, of the lands by them possessed or occupied, or from thenceforth
shall be deemed only occupiers of the common land, as is aforesaid, till
such times as our said grant shall be obtained. We also not more
intending the reformation of the errors of the said     [24] than for
advancing of them into good courses and therein to assist them by all
good means, we further hereby ordain that to all such of the said
particular [24] as shall truly fully observe the orders afore and
hereafter specified there be alotted and set out, over and above our
former grants, one hundred acres of glebe land for the Minister of every
[24] and fifteen hundred acres of burough land for the public use of the
said plantation; not intending yet hereby either to abridge or enlarge
such grant of glebe or common land as shall be made in any of our grants
in writing to any of the said particular plantations; we also will and
ordain that the like proportion of maintenance out of the     [24] and
profits of the earth be made for the several ministers of the said
particular plantations as have been before set down for the Ministers of
the said former cities and burroughs; we will and ordain that the
Governor for the time being and the said Council of Estate do justly
perform or cause to be performed all such grants, covenants and articles
as have or shall be in writing in our great and general quarter courts
to any of the said particular plantations, declaring all other grants of
lands in Virginia, not made in one of our great and general quarter
courts, by force of His Majesties letters patents to be void. And to the
end aforesaid we will and ordain that all our grants in writing under
our seal, made in our great and general quarter courts, be entered into
your records to be kept there in Virginia; yet directly forbiding that a
charter of land granted to Captain Samuel Argal and his associates,
bearing date the twentieth of March, 1616, be entered in your records or
otherwise at all respected, forasmuch as the same was obtained by slight
and cunning; and afterwards upon suffering him to go Governor of
Virginia was by his own voluntary act left in our custody to be
cancelled upon grant of a new charter which     [24] We do also hereby
declare that heretofore in one of our said general and quarter courts we
have ordained and enacted and in this present court have ratified and
confirmed these orders and laws following: that all grants of lands,
privileges and liberties in Virginia hereafter to be made, be passed by
indenture, a counterpart whereof to be sealed by the grantees and to be
kept     [25] the Companies     [25] evidences; and that the Secretary of
the Company have the engrossing of all such indentures; that no patents
or indentures of grants of land in Virginia be made and sealed but in a
full, general and quarter court, the same having been first thoroughly
perused and approved under the hands of a select committee for that
purpose     [25] that all grants of     [25] in Virginia to such
adventurers as have heretofore brought in their money here to the
treasury for their several shares, being of twelve pounds ten shillings
the share, be of one hundred acres the share upon the first division and
of as many more upon a second division, when the land of the first
division shall be sufficiently peopled; and for every person which they
shall transport thither within seven years after Midsummer Day, one
thousand six hundred and eighteen, if he continue there three years or
dye in the mean time after he is shiped it be of fifty acres the person
upon the first division and fifty more upon a second division, the land
of the first being sufficiently peopled, without paying any rent to the
Company for the one or the other; and that in all such grants the names
of the said adventurers and the several number of each of their shares
be expressed; provided alwaies, and it is ordained, that if the said
adventurers or any of them do not truly and effectually, with one year
next after the sealing of the said grant, pay and discharge all such
sums of money wherein by subscription (or otherwise upon notice thereof
given from the auditors) they stand indebted to the Company, or if the
said adventurers, or any of them having not lawful right, either by
purchase from the Company or by assignment from some other former
adventurers, within one year after the said grant or by special gift of
the Company upon merit preceding in a full quarter court, to so many
shares as he or they pretend, do not within one year after the said
grant, satisfie and pay to the said Treasurer and Company for every
share so wanting after the rate of twelve pounds ten shillings the
share, that then the said grant for so much as concerneth the     [25]
part and all the shares of the said person so behind and not satisfying
as aforesaid shall be utterly void; provided also, and it is ordained,
that the grantees shall from time to time during the said seven years
make a true certificate to the said Treasurer, Councel and Company from
the chief officer or officers of the places respectively, of the number,
names, ages, sex, trades and conditions of every such person so
transported or shiped, to be entered by the Secretary into a register
book for that purpose to be made; that for all persons not comprised in
the order next before which during the next seven years after Midsummer
day, 1618, shall go into Virginia with intent there to inhabite, if they
continue there three years or dye after they are shiped there shall be a
grant made of fifty acres for every person upon a first division and as
many more upon a second division (the first being peopled), which grants
to be made respectively to such persons and their heirs at whose charges
the said persons going to inhabite in Virginia shall be transported with
reservation of twelve pence yearly rent for every fifty acres to be
answered to the said Treasurer and Company and their successors for
ever, after the first seven years of every such grant; in which grants a
provisoe to be inserted that the grantees shall from time to time during
the said seven years make a true certificate to the said Treasurer,
Councel and Company, from the chief officer or officers of places
respectively, of the number, names, ages, sex, trades and conditions of
every such person so transported or shiped, to be entred by the
Secretary into a register book for that purpose to be made; that all
grants as well of one sort as the other respectively be made with equal
favours, and grants of like liberties and immunities as near as may be
to the end that all complaint of partiality [or] differencie may be
prevented. All which said orders we hereby will and ordain to be firmly
and unvoilably kept and observed and that the inhabitants of Virginia
have notice of them for their use and benefit. Lastly, we do hereby
require and authorize you, the said Captain George Yeardley and the said
Council of Etats, associating with you such other as you shall there
find meet, to survey or cause to be survey'd all the lands and
territories in Virginia above mentioned and the same to set out by
bounds and metes, especially so as that the territories of the said
several cities and buroughs and other particular plantations may be
conveniently divided and known the one from the other; each survey to be
set down distinctly in writing and returned to us under your hands and
seals. In witness whereof we have hereunto set our common seal, given in
a great and general court of the Council and Company of Adventurers of
Virginia held the eighteenth day of November, 1618; and in the years of
the reign of our soverain Lord James, by the grace of God, King of
England, Scotland, France and Ireland, Defender of the Faith, &c., Vizt.
of England, France and Ireland the sixteenth and of Scotland the two and
fiftieth. Novr. 18, 1618.

Kingsbury, Vol. III, pp. 98-109.

    [Footnote 24: Blank space.]

    [Footnote 25: Blank space.]




  VIRGINIA COMPANY. INSTRUCTIONS TO
  THE GOVERNOR AND COUNCIL OF STATE
  IN VIRGINIA




JULY 24, 1621


Instructions to the Governor for the time being and Counsell of State in
Virginia:

1. First wee requier you in gennerall take into spetiall regard and
estimation the service of Almightie God and observance of his divine
lawes and that the people in Virginia bee trained up in true religion,
god lives and vertue, that ther example may be a meanes to winn the
infidells to God: wherin wee pray you especiallie to have in daly
rememberance that the patterne which you shall give in your owne persons
& in your families wilbee of singular and chief moment whatt may soever
itt shall propend. And since our gennerall endeavours and designes have
nott yett effected a due establishment of the honor and rights
belonginge to the Church and ministerie, wee must requier your most
earnest care to advance all things appertayninge thereunto, seriously
endeavoring the establishment of due order in administringe of all
services according to the usuall forme and discipline of the Church of
England and carefullie avoidinge all factious and needlesse novelties
tending onlie to the disturbance of peace and unitie; and that such
ministers as have been or shalbe sent from time to time may bee
respected and mainteined according to the orders made in that behalfe,
also for accomodatinge the churches or places for divine service.

2. Wee praie you likewise take care, that the people now ther or
hereafter inhabitinge bee kept in due obedience to His Majestie and that
they all take the oaths of supremacie and allegiance; and that you
provide that justice bee equallie administered to all His Majesties
subjects ther resideing, and as neare as may be after the forme of this
realme of England, wherin you are to have a vigilant care to prevent
corruption amongst your inferior officers tending to the perverting or
delaying of justice; wee praie you also to have espetiall care that no
injurie or oppresion bee wrought by the English against any of the
natives of that countrie wherby the present peace may be disturbed and
ancient quarrells (now buried) might be revived; provided, nevertheles,
that the honor of our nation and safety of our people bee still
preserved and all maner of insolence committed by the natives be
severely and sharpelie punished.

3. Item: that you cause our people to applie themselves to an
industrious course of life in followeinge ther buissinesies, each in the
several degre and proffession, and that no man bee suffered to live
idly, the example wherof might prove pernicious to the rest; in
perticular that you bee carefull now in the begining to suppresse too
much gaming and above all things that odious vice of drunkenes; and that
all kinde of riott both in apparrell & otherwise bee eschewed; and that
an edict bee speedily published that no person residing in Virginia
(excepting those of the Counsill and heads of hundreds and plantations,
ther wives & chilldren) shall weare any gold in ther clothes or any
apparrell of silke, untill such time they have itt of the silke ther
made by silkewormes & raised by ther owne industry.

4. Item: that you use good prudence that no just cause of offence bee
given to any other prince, state or people which are in league or amitie
with His Majestie; and that no captaine or other of our Colonie under
pretence of trade to the coast of the West Indies bee suffred to saile
out with anie vessell ther to robb & spoile wherby to provoke any other
nation against us; and that no piratts have cause by ... accesse to
retier with ther purchasses to the coast of Virginia, but that they be
severlie punnished & ther goods confiscated: for the preventing of
which, as alsoe for securing your selves against all forraigne ennimies,
wee require your serious considerations for the speedie errecting of
fortresses or blockhouses at the mouth of the river as also for all
other manner of needfull fortifications in all places, and to the
effecting hereof wee requirer you, as well private persons as hundreds
and corporations, bee ratablie proportioned to the performance of
certaine dayes worke by the yeare.

5. Item: that the best meanes bee used to draw the better disposed of
the natives to converse with our people and labor amongst them with
convenient reward that therby they may growe to a likeing and love of
civility and finallie bee brought to the knowledge and love of God and
true religion, which may prove also of great strength to our people
against the savages or other invadors, whatsoever; and they may bee fitt
instruments to assist afterwards in the more gennerall conversion of the
heathen people which wee somuch desier.

6. Item: that for the laying of the surer foundation for the said
conversion, that each towne, cittie, burrough and other particular
plantation bee procured to obtaine to themselves by just meanes a
certaine number of the chilldren of the natives to be educated by them
in true religion and a civill course of life; of which chilldren the
most towardlie boyes in will and graces of nature to bee brought up by
them in the first elements of literature so to bee fitted for the
colledge, in the fabricke whereof we purpose to proceed assoone as any
proffit returned from the tenantes shall enhable us; and doe therfore
verie ernestlie requier your uttermost helps aswell for the improveinge
of ther labors, as for the true account and returne of the proffitts
already due, that so that busines of the colledge may goe forward with
which wee doubt not a particular blessing of God will goe a long uppon
the Collony ther as wee are assured the love of all good men here to the
plantation will therby be encreased.

7. Item: that imediatlie after the gatheringe in of the present yeares
cropp by Sir George Yeardlie, wee requier that the land belonging to the
place of Governor bee resigned to Sir Francis Wyate and that ther bee
delivered to him by Sir George Yeardly the hundred tenants well
furnished which wee sent him for the place; and if ther bee any of them
wanting, Sir George Yeardly is out of his private to make good the full
nomber of a hundred, which wee hope hee will gladlie doe, remembringe
our courtesie in the addition of thirtie able persons sent him the
former springe to supplie those that wee understood through mortallitie
had failed; as also our refusing to accept of his offer to depart
[part?] with all the proffitt by the Governors land or tenants, onlie
exspecting his care to cultivate well that land and to uphold that
nomber of a hundred tenants for the place.

8. Item: imediatelie upon the expiracion of Sir George Yeardlys
goverment on the eighteenth of November next, you shall admitt Sir
Francis Wiats commission to bee read, whom accordinglie you shall
receave and publish Governor and Captaine Generall, yealding unto his
person and place all our respect, honor and observance.

9. Item: the comission for establishing of the Counsell you shall
publish uppon the deliverie therof and as speedylie as convenientlie you
may to administer the oath of Counsellors unto the severall persons
therin named.

10. And forasmuch as ther hath ben in theise late yeares great fault or
defect in nott putting in execucion our orders of court and Counsell for
the setting upp & upholdinge those staple comodities which are
necessarie for the subsisting and encrease of the plantation, which hath
happned in part by the our chargeing the Governor with toe much
buissnes, wee have uppon espetiall approvement of the industry and
sufficiency of George Sandis, Esqr., as also for his faithfulnes and
plenarie intelligence of our intendments and counsells here (wherunto
hee hath from time to time bein privie, not only elected and athorised
him to bee Treasurer in Virginia, butt also committed to his spetiall
and extreordinarie care the execution of all our orders, charters and
instructions tending to the setting upp, encrease and maintaininge of
the said staple comodities); wee, therefore, requier you that upon all
such occationes wherin the said master ... shall have occation to bee
employed, you give him all such countenance, help and power in the
execution therof as you would doe to the Governor himselfe if hee were
personallie present; and that provition bee made for convenient
transporting him from place upon all those occations; we have by order
of our quarter court bearing date the second day of May last, allotted
unto the place of Treasuror fifteen hundred acres of land and fifty
tenants wherof twenty five are now sent and twenty five more are to bee
sent the next Spring; to the place of Marshall (wherunto wee have chosen
Sir William Neuce) wee have likewise allotted fifteene hundred acres of
land and fifty tenantes now provided and furnished and deliverid to the
said Sir William Newce to bee transported this present somer; to the
place of the Companies Deputie (wherunto wee have formerlie allotted
twelve hundred acres and forty men) wee have added three hundred acres
of land and tenn tenants more to bee sent the next springe; to the
phisitions place wee have allotted twenty tenantes sent last spring and
five hundred acres of land; to the Secretarie, five hundred acres of
land and twenty tenantes sent out the last springe; for the accomateinge
of which severall persons in ther places & offices in the best manner
according to our promises, furtherance that in you lieth.

11. Item: wee pray you likewise with convenient speed to reveive the
commissiones formerlie directed to Sir George Yeardly, then Governor,
and to the Counsell of State ther beareinge date the 18 of November,
1618, conteining the lawes & orders for dividing the citties and
burroughs with ther land and people, and sondrie other particularities
for the well settling of that State. And haveing sent you coppies of all
such instructions, letters, charters & directions as have here before
been sent from time to time, wee pray you to peruse them all and what
soever you shall find not contrarie to any of theise instructions and
requisite for the behouf of Collonie ther or of the Companie here, wee
wish you to observe itt as though the same were here particularly
inserted. Also all orders of courtes that shall bee certified uppon
peticions or otherwise, under the attest of our Secretaries hand
referred unto the Governor or Counsell ther, wee pray you see that a due
course bee taken accordinglie to doe the partie whome it shall concerne
right and justice, no lesse then if they had been particularly here by
name commended unto you.

12. Item: that the captaines and heades of everie particular plantation
or hundreds, as likewise everie cheif officer that hath people under his
charge, deliver severall catalogues at one of the fower quarter sessions
of the Counsell yearly as well of the severall names, conditions and
qualities of those that bee liveing, as also of those that bee dead, and
likewise of the mariages and christnings hapninge with that place; and
that the personall goods and estate of the partie deceased bee
carefullie keptt & reserved to the rightt owners therof; and lastlie
that a list bee kept of the nomber of all sorts of cattell in each
particular burrough or plantation; and that you cause the Secretarie
once everie yeare to returne us hether a perfect coppie of all the
premisses.

13. Item: that whereas the principall hope of the plantacion dependes
much on the prosperity of particular Colonies or hundreds, itt wilbe
verie necessarie that in case of the death or other misaccidents of the
chief heads of those Colonies, you take into your carefull regaurd the
conservation of the bodie and sinews of that plantation united,
preserving the remaines by the best meanes that either industry or
charity can effect.

14. Item: that according to His Majesties gratious advise and the desire
& expectacion of the whole state here, you draw the people from the
excessive planting of tobacco and that, according to a late order of
court in that behalfe made the thirteenth of June last, you suffer them
not to plaint in one yeare alone one hundred waight tobacco the head,
that is the person; and that you do provide by some generall course to
bee held amongst them that they apply themselves to the soweing and
planting of corne in good plentie that ther may bee alwaies a large
proportion not onlie for their owne use, but store also for such as in
great multitudes wee hope yearly to send; likewise by the same generall
course to cause the generall inhabitants and households to enclose by
pale & strong fences some fitting portion of our land for the keping of
cowes, tame swine and poultrie; and for the making all due provitiones
for the encrease & preservation of the bread of all sorts of cattle, and
in particular kine, wherof wee thinke itt most unfitt that any should
bee as yett killed and requier your vigilent care for the inhibiting
thereof.

15. Item: after corne, wee comend unto your care the matter of silke
which his Majesty heretofore espetially to commended unto us and out of
his owne store hath moste gratiouslie been pleased often to furnish our
Company with seed: in supply of which more hath bin since sent and a
greater quantitie shall likewise followe hereafter as soone as itt shall
come to our hands. Wee requier therfore that you cause in everie
particular plantation great nomber of mulbery trees to bee plainted
neare ther dwellings, and such as are already groweing to bee preserved
for planting, of which many excellent bookes have binn already sent in
December last, unto which wee referr you for your better direction
therin, as also to divers French and other experienced men, late sent &
procured at extraordinarie charge, of whose generall subsistence wee
expect your assidious care.

16. Item: silke grasse, being a comoditie of spetiall hope and much use,
not with standing through negligence and want of experience, it hath
lately been declared to bee full of difficullty and hazard both in
groweing and curing, yett we doe especially recomend unto your care and
that you direct some good way to bring it to perfection by experimenting
the soiles, the seasons and true maner of cultivating of itt, being
confident that that which growes so naturally in those parts will much
more by art and industry bee at lenght brought to perfection, and being
many wayes so usefull will bring great honor an [and?] proffitt unto the
action.

17. Item: wee doe also especially recommend unto you the planting of
vines in aboundance and that the vignerons sent with so great charge to
the Company bee fairely & carefullie provided for.

18. Item: wee requier also that all sorts of artsmen be employed in ther
severall trades and that store of aprentizes bee placed & held to learne
ther occupations, especially those that are most usefull or most
comodious; and that you duely consider the quallities and trades of all
those people sent over for the Companies or any of the Collonies servis
& that you cause them to bee held to ther trades and occupations wherin
ther are like to deserve & win most bennifitt; and not to suffer them to
forsake ther former occupacions for planting tobacco or such uselesse
comodities. And here wee earnestly commend unto your care the Dutchemen
sent for the erecting of sawing mills, a worke most necessarie since the
materialls for howsing and shipping can not otherwise without much more
troble, paines and charge bee provided; & although wee have received
some notice that fitting places for ther works and not ther easilie
found out, yett wee hope that dillegence fitting to bee used in a case
of so generall benifitt hath discoverid how to make use of ther skills
by this time. Nor doe wee here apprehend any difficullty of finding
accomodation for that purpose about the falls or towards the heads of
some river or brookes by the station, wherof timber may be brought unto
them verie easili and by the current of the river the plankes or boords
sawen may bee transported for the generall use of all or the greatest
part of our people.

19. Item: that your corne mills bee presentlie erected and pupliqe
bakehowses in everie burrough bee built with all speed and dilligence.

20. Item: that all apparent or proved contracts made in England or in
Virginia betweene the owners of land in Virginia and ther tenants or
servants be truly performed and the breach of them reformed by due
punishment as justice shall requier.

21. Item: that you suffer no crafty or advantageous meanes to bee used
to entice a way the tenants or servants of any particular plantacion
from the place they are ... ceited and that all offenders herein bee
severlie punished and the partie drawne away bee returned to ther former
place.

[22]. Wee commend unto your especiall regard the providing for such
persons as have already bin sent or are now or shall be hereafter
entertained for the erecting of iron works; that all possible meanes bee
used for ther encouradgment & for the performing of generall contracts
here made with the Company wherby justice unto them and profitt to the
plantation may arise. And whereas Mr. John Berkly hath bin approved unto
us here by extreordinary recommendations to bee industrious and
intelligent gentleman many ways, butt espetially for iron works, wee
desier hee & his company may bee cherished by you and supported by the
helpe of the whole Colonie if need shall requier, therby to enhable him
to perfect that worke wherupon the Company have already expended great
somes of money & itt is a com[modity] so necessarie as few other are to
bee valewed in comparrison therof. Upon the successe therof also, mens
eyes are generally fixed & therfore if itt should now (as by former
misaccident or negligence) fall to the ground, ther were little hope
that ever they would bee revived againe; and whereas wee have bin so
circomspect as to contraict with many masters severally for the erecting
of the said works, wherby wee hoped though some miscarried or failled
others should have proceeded; if by want of workes or necessarie
materialls the said masters cannot for present bee seatted or enjoy the
conditions of ther contraicts, wee thinke fitt you should accomodate
them according to ther several habillities in some secondarie or
subordinarie places of assistance to Mr. Berkly, or when another worke
may be advanced to worke them over that, according (as neere as may bee)
to ther contraictes made here with the Company, wherby this worke of so
great consequence & generall expectacion, infinitt com[modity] &
unspeakeable benifitt to the plantacion may bee dilligentlie prosecuted
& upheld.

23. Item: salt, pich and tarr, soape ashes, &c., often recommended and
sett up, and for which fittinge men & matterialles have been sent to the
great charge of the Company and yett daylie complaints come to us of the
want of them, wee desier you will now prosecute and further with all
dilligence & care.

24. Item: your makeing of oile of wallnuts, your employing your
apothecaries in distilling of hott waters out of your lees of beere and
searching after minierall dyes, gummes, druggs, and the like things, wee
desier you not to forgett and good quanteties of all sorts to send us by
all shipps.

25. Item: since wee have conceaved itt most fitting to ordaine that a
small quantety of tobacco shall bee plainted or cherished in Virginia,
wee hold itt verie necessarie to use all possible care that the
proporcion limmitted may bee improved in goodnes as much as may bee; and
therefore that some good order bee taken to see itt well cured and duely
ordred that bringing itt into request may cause any certaine benifitt to
the planters.

26. Item: that due proceeding bee used in the erection of those howses
appointed for lodgeing of new men upon ther landing, according to former
directions; and that from time to time a course bee taken for ther
repaire, cleane & neat; keeping likewise, for comon store, howses in
convenient places as well for other needs necessary provitions, as upper
roomes for conservation of a proportion of gounpouder ready for use.

27. Item: whereas wee have many times found losse & interuption in our
buissines through want of frequent relacion from Virginia, wee therefore
requier you att least to make a quarterly dispatch unto us, the
duplicate wherof to bee duely sentt by the next oppertunitie of shipping
after.

28. Item: whereas Capt. William Norton and certaine Itallians, now by
the general Company and other worthy minded adventures att a verie great
charge, sent for the erecting of a glasse furnace in Virginia, wee
hartilie desire you to afford them all favor possible. And in particular
that the guesthowses built by Leftenant Whitakers bee allowed them for
ther habitacion till they may convenientlie provide themselves of ther
owne; and that all orders given them from hence bee exactlie putt in
execucion.

29. Item: a gentleman's great dilligence in our affaires, accompaned
with extreordinarie capacity and judgement, haveing proceeded the
treatise of the buissnes belonging to the plantacion, approved by us to
bee full of exellent observances for those that are emmenly employd in
Virginia, as well for us here, wee sent a coppy to ly amongst the
records of your Counsell from whence, from the often veiw of former
passadgs, wee wish every Counsellor may make permanent instructions, and
no doubt much helps and furtherance may bee produced in most occasiones
for the advancement of the plantacion.

30. Item: that ther be espetiall care taken both of generall and
particular survaies wherby not onlie a true mapp and face of the whole
country, costs, creeks, rivers, highe ground & lowe ground, &c., may bee
exactlie discoverid, but also the boundaries of the severall hundreds
and plantacions, with the perticuler directions in them bee perfectlie
sett forth from time to time, mainetained to prevent therby future
differences that arise upon questions of possestion, wherin also itt may
be fitting and moste usefull to posteritie to cast an imaginarie eye and
view, wher and which way the grand highewayes may bee like to strike and
passe through the dominions; in which course the hard mountaines, the
fords, the places for bridges, &c., may nott unfittlie bee considered;
for performance of all which the premises (and for the better
sattisfaction) of the planters, whoe have so often required ther lands
may bee devided and bounded, wee have now sent and furnished out Mr.
William Cleyburne, gentleman, recomended unto us as very [fitt] in the
art of surveying.

31. Item: the oppressing and imoderate fees heretofore exacted in
Virginia by divers officers in valuacion of ther paines & travell for
the Colonies service have partlie occationed the settling a competent
revenue to arrise therby tenants to everie cheif officer; wee now
forbidd that officer so provided for, or otherwise by allotted parts out
of the common profitt recompenced, doe take any other fees for execution
of ther severall places either directly or indirectly; neverthelesse,
that clarks & such like may have a reward for ther dilligence, wee
require you by order to sett downe some small proportion for passes,
warrants, copies of orders, seales, &c., or proportionably to the merits
of servants paines and attendance.

32. Item: the Governor & Counsell assembled within a short time after
the arivall of this shipp are to sett downe the fittest months after
ther quarterlie meeting of the Counsell of State according to the
seasons and to fitting meanes for ther entertayment, together with
regaurd of the best ease and benifitt of the people, that shall have
occasion to addresse themselves unto the Counsell, either for justice or
direction; considering also the times of making ther dispathes to
England, according to the oppertunities of shiping ther comeing or
goeing.

33. That the Governor for the time being in or about the foresaid time
doe summon by an officer appointed for that purpose the Counsell of
State to appeare at a day and to bee together for the space of one whole
month or more if need shall requier to advise & consult upon matter of
Counsell of State and of the generall affaires of the Colonie, and as
ther shalbee cause to order and determine the greater causes of
consequence or such matter as shall growe or arise within the Colonie,
either by reference or judgment; and that free accesse bee permitted to
all suiters to make knowne ther perticuler grevances, bee itt against
what person soever. And if the plaint appeare to bee important, to
record the same ther & to returne a coppy ther of together with the
report of your proceeding therin.

34. As also to keepe a perfect register of all the acts of each quarter
sessions duely and orderlie and therof to returne a perfect transcript
unto us by the first oppertunitie of shipping from time to time. And
that at everie sessions you cause all instructions and charters that are
already or shall hereafter bee sent from hence to bee read and so from
sessions to sessions untill our directory shall bee fullie executed.

35. Item: in case of the Governor death or removall or suspencion by
order from hence untill other direction from us can come, wee requier
that the Counsell or major part of them then residing in Virginia doe
imedialie assemble themselves and within fourteene dayes or sooner from
out of ther body to elect one to supplie the place for the time; and to
preserve the state of bussinesse still in the same current that it was.

36. The relation of which act of Counsell wee will you send us with as
much speede as may bee, and if ther should bee an unexpected division in
the voices of the counsell that a just halfe should bee willing to elect
one and the other halfe desirous of another, then wee will that election
bee made of the Leftennant Governor; and in his absence or necessarie
cause of declining the Marshall, and in case of his default or such
refusall then the Treasurer, then one of the two deputies or the other
till the place of Governor be settled in on [one] of our said cheif
officers.

37. Item: whereas ther hath bin severall directions given to the former
Governor for fixing the tenants uppon the lands as well belonging to the
Governor place as other the officers seated by the Governor, which uppon
pretences hath bin allowed and neglected and the men lett out to the
heir; wee requier you that hereafter no officer bee permitted to lett
out his tenants, butt settle them uppon the lands sett out for his
place, enjoining them to enclose gardens, build howses, deviding them
into families or societies, to place them upon the land appropriated to
his office, excepting onlie the Counsell shall have power to make a
convenient order at one of the quarter sessions to dispence with this
article for the space of six months & that in case onlie of extreeme
necessitie.

38. Item: the Governor, onlie for the time being, shall summon Counsells
and sine warrants & execute or give athoritie for execution of the
Counsells orders, except in cases which seeme to appertaine to the
imediate execucions of Liftenant Generall, Marshall, Tresuror, or
deputies, wherin according to ther severall comissions or by a conceaved
order from a quarter counsell the officers are severallie directed and
authorised.

39. The Governor for the time being shall have absolute power and
authoritie according to the implicacion of his particular commission to
direct, determine and punish at his good discretion any emergent
buissnes, neglect or contempt of authority in any kind or what soever
negligence or contempt may bee found in any person ther residing or
being, except only those of the Counsell for ther on persons whoe are in
such cases to bee summoned to appeare at the next quarter session of the
Counsell holdne ther abide ther censure; in the meane time if the
Governor shall thinke itt may concerne either the quiett of that state
to proceed more speedily with such an offendor, itt shall bee lawful to
summon a Counsell extreordinarie, wherat six of the Counsell at lest are
to bee present with the said Governor and by the main parte of ther
voices committ any Counsellor to saife custody or upon baile to appere
and abide the order of the nextt quarter counsell.

40. Everie order and decree of the Counsell of State shalbe concluded by
the major parte of voices at that Assembly, wherin the Governor for the
time being is to have a casting voice if the nomber of Counsellors
should bee even or should bee equally devided in oppinnion;
neverthelesse reserving to the said Governor a negative voice att any
Generall Assembly according to a former comission granted.[26]

    [Footnote 26: One of the few references to the _Commission_,
    not the "Instructions", to Yeardley, authorizing a General
    Assembly.]

41. Item: wee pray you likewise to take into your care the protexcion of
the people, that they suffer no wrong by the engrossing commodity &
forestalling the marketts, butt preserve them open for all men freely or
indifferently to buy or sell.

42. Item: wee requier you expecially to see the publicke labors to bee
from time to time equally charged & burdned for the people that one mans
tenants bee nott favored above others or officers tenants favored more
then those of the puplique; and to the end those services may fall as
easy to all ports as may bee, wee thinke in the punishment of all
enormus misdemeanors, &c., ill deservers bee condemned to a nomber of
days works for puplique use & building, or to finnishing of a fence or
dike, or to cariage or roweing according to the meritt of the offence.

43. Item: where as the Right Honourable the Earle of Pembroke with
divers his associates have undertaken to plaint thirty thousand acres of
land in Virginia, we therfore intreat you to make choice of the best
seate on that river that is not yett inhabited; and herin to take the
advise of Mr. Leech, whoe now goes over to veiw the cuntrie and to bee
enployd in that plantacion which being sett out wee desier to be
informed therof.

44. Item: as wee hold itt most necessarie that you provide for the
generall safety and securing of your selves and estats together, so doe
wee conceave it a matter of exceeding great advantage & incouragment to
discover everie day farther by the sea coast and within land about which
wee requier you to conceave a fitting course from time espetiallie to
find good fishing betweene James river and Cape Cod or any wher within
our limmittes wherin wee suppose the new trade of commodities found
wilbe like to recompence the troble and charge bestowed therin, for wee
are certainely informed that the Dutchmen within 20 or 30 leagues of
your plantacion steile a trade for furrs, &c., to ther verie great gaine
& content.

45. Item: for as much as planting of staple commodities is useuallie
much advanced by example taken one from another, wee expect that the
cheif officers by ther owne particular employment of ther people & land,
& setting forth the benifitts & hopes of such endeavors, shall
exceedinglie advance the state of commodity and trade.

46. Item: wee doe moreover requier that according to your oaths and
severall charges your thoughts & endeavors be unanimouslie employed for
performance of our instructions in generall, & particuler that chieflie
aiminge at the establishment of the Colonie your selves & all of us that
have endeavorid therein may bee comforted in a happie apparence of
prosperity of the plantacion which wilbe glorious before God and
infinitt honor, strenght & profitt to our King & Cuntry.

47. Lastly wee pray you that no shipp that now or at any time wee shall
send at the companies charge to Virginia bee suffered to stay ther above
thirty dayes for avoiding of charge which hath heretofore grown uppon
long voydges in freight & wages & that you suffer not in the said shipps
any goods provicions sent thither to bee brought from thence againe by
any marriners, passengers or others uppon paine of some punishment to be
inflicted upon them; and although the infancy of the plantacion may nott
some time afford the more valuable comodities to freight the shipps home
uppon so short a stay, yett wee suppose that a prudent course &
preperacion may at last afford them choice timber as clear walnutt or
some other such lesse valueable commodity to add to ther lading which
will yeild more profitt to the Companie with the shipps quicke returne
then is usueally raised by ther best comodities when longer accompt for
freightt hath drawne on a further charge. Given under the Counsell scale
the fower and twentith day of Julie, 1621; and in the yeare of the raign
of our soveraigne Lord James, by the grace of God of England, Scotland,
France and Ireland, Defender of the faith, &c., that is to say of
England, France and Ireland the nineteenth and Scottland the fower and
fiftith.

  Signed by the Earl of Southampton

  Sir Edwin Sandis
  Mr. John Davers
  Mr. John Ferrar, deputy
  Mr. Thomas Gibbs
  Mr. Sam Wrote
  Mr. Nicholas Ferrar
  Doctor Anthony
  Doctor Williamson
  Doctor Galston
  Mr. George Sandys

Kingsbury, Vol. III, pp. 468-482.




  TREASURER AND COMPANY. AN
  ORDINANCE AND CONSTITUTION FOR
  COUNCIL AND ASSEMBLY IN VIRGINIA




JULY 24, 1621


    To all people to whom these presents shall come, bee seen or
    heard, the Treasuror, Council and Company of Adventurers and
    Planters of the Citty of London for the First Collony in
    Virginia send greeting: knowe yee that wee, the said
    Treasuror, Counsell and Company, takeing into our carefull
    consideracion the present state of the said Colony in
    Virginia, and intending by the Devine assistance to settle
    such a forme of government ther as may bee to the greatest
    benifitt and comfort of the people and wherby all injustice,
    grevance and oppression may bee prevented and kept of as
    much as is possible from the said Colony, have thought fitt
    to make our entrance by ordaining & establishing such
    supreame Counsells as may not only bee assisting to the
    Governor for the time being in administracion of justice and
    the executing of other duties to his office belonging, but
    also by ther vigilent care & prudence may provide as well
    for remedy of all inconveniencies groweing from time to time
    as also for the advancing of encrease, strength, stabillitie
    and prosperitie of the said Colony:

Wee therefore, the said Treasuror, Counsell and Company, by authoritie
directed to us from His Majestie under his Great Seale, upon mature
deliberacion doe hereby order & declare that from hence forward ther bee
towe supreame Counsells in Virginia for the better government of the
said Colony as aforesaid: the one of which Counsells to bee called the
Counsell of State and whose office shall cheiflie bee assisting, wth
ther care, advise & circomspection, to the said Governor; shall be
chosen, nominated, placed and displaced from time to time by us, the
said Treasurer, Counsell & Company and our successors; which Counsell of
State shall consiste for the present onlie of those persons whose names
are here inserted, vizt.: Sir Francis Wyatt, Governor of Virginia;
Captaine Francis West; Sir George Yeardley, Knight; Sir William Newce,
Knight, Marshall of Virginia; Mr. George Sandys, Tresuror; Mr. George
Thorpe, Deputy of the Colledge; Captaine Thomas Newce, Deputy for the
Company; Mr. Christopher Davison, Secretarie; Doctor Potts, Phesition to
the Company; Mr. Paulet; Mr. Leech; Captaine Nathaniell Powell; Mr.
Roger Smith; Mr. John Berkley; Mr. John Rolfe; Mr. Ralfe Hamer; Mr. John
Pountus; Mr. Michael Lapworth; Mr. Harwood; [and] Mr. Samuel Macocke.
Which said Counsellors and Counsell wee earnestlie pray & desier, and in
His Majesties name strictlie charge and command, that all factious
parcialties and sinister respects laid aside, they bend ther care and
endeavors to assist the said Governor first and principallie in
advancement of the honor and service of Almightie God and the
enlargement of His kingdome amongste those heathen people; and next in
the erecting of the said Colonie in one obedience to His Majestie and
all lawful authoritie from His Majestis dirived; and lastlie in
maitaining the said people in justice and Christian conversation among
themselves and in strength and habillitie to wth stand ther ennimies.
And this Counsell is to bee alwaies, or for the most part, residing
about or neere the said Governor. The other Counsell, more generall, to
bee called by the Governor, and yeerly, of course, & no oftner but for
very extreordinarie & important occasions, shall consist for present of
the said Counsell of State and of tow burgesses out of every towne,
hunder [hundred] and other particuler plantacion to bee respetially
chosen by the inhabitants. Which Counsell shalbee called the Generall
Assemblie, wherein as also in the said Counsell of State, all matters
shall be decided, determined & ordered by the greater part of the voices
then present, reserveing alwaies to the Governor a negative voice. And
this Generall Assembly shall have free power to treat, consult &
conclude as well of all emergent occasions concerning the pupliqe weale
of the said Colony and evrie parte therof as also to make, ordeine &
enact such generall lawes & orders for the behoof of the said Colony and
the good govermt therof as shall time to time appeare necessarie or
requisite. Wherin as in all other things wee requier the said Gennerall
Assembly, as also the said Counsell of State, to imitate and followe the
policy of the forme of goverment, lawes, custome, manners of loyall and
other administracion of justice used in the realme of England, as neere
as may bee even as ourselves by His Majesties lettres patents are
required; provided that noe lawes or ordinance made in the said Generall
Assembly shalbe and continew in force and validitie, unlese the same
shalbe sollemlie ratified and confirmed in a generall greater court of
the said court here in England and so ratified and returned to them
under our seale. It being our intent to affoord the like measure also
unto the said Colony that after the goverment of the [said Colony, shall
once have been well framed & settled accordingly, which is to be done by
us as by authoritie derived from] his Majestie and the sa[me shall] have
bene soe by us declared, no orders of our court afterwarde shall binde
[the said] Colony unles they bee ratified in like manner in ther
Generall Assembly.

In wittnes wherof wee have hereunto sett our common seale the 24th day
of [July] 1621, and in the yeare of the raigne of our governoure, Lord
James by the ... of God of England, Scotland, France & Ireland, King,
Defendor of the ... vizt., of England, France and Scotland the
nineteenth and of Scotland the fower and fiftieth.

Kingsbury, Vol. III, pp. 482-484. Stith, Appendix, pp. 32-34.




  Transcriber's Notes:

  This is one of a series of 23 pamphlets produced in 1957 in celebration
    of the 350th anniversary of the founding of the Jamestown colony in
    Virginia. Research indicates that the copyright on this book was not
    renewed.
  Spelling was left unchanged throughout.
  Footnotes were indented and moved after the paragraph to which they
    pertain.
  Extra spaces within lists of names were removed. Extra spaces within
    text were retained where they indicate omitted text in the original
    manuscript. The printer used multiple footnote anchors, numbered 24
    and 25, to indicate some of these blank spaces.
  A comma was replaced with a period at the end of a sentence in the
    Introduction: ... governing body. It was thus ...
  A semicolon was replaced with a period at the end of numbered paragraph
    9 in the "Instructions ... to Sir Thomas West ..."
  In the "Instructions to the Governor and Council of State," brackets
    around paragraph number 22 are indicate the number was missing in the
    original. These brackets are not a footnote anchor.





End of the Project Gutenberg EBook of The Three Charters of the Virginia
Company of London, by Virginia 350th Anniversary Celebration Corporation

*** END OF THIS PROJECT GUTENBERG EBOOK CHARTERS--VIRGINIA CO. OF LONDON ***

***** This file should be named 36181.txt or 36181.zip *****
This and all associated files of various formats will be found in:
        http://www.gutenberg.org/3/6/1/8/36181/

Produced by Mark C. Orton, Carol Ann Brown and the Online
Distributed Proofreading Team at http://www.pgdp.net.


Updated editions will replace the previous one--the old editions
will be renamed.

Creating the works from public domain print editions means that no
one owns a United States copyright in these works, so the Foundation
(and you!) can copy and distribute it in the United States without
permission and without paying copyright royalties.  Special rules,
set forth in the General Terms of Use part of this license, apply to
copying and distributing Project Gutenberg-tm electronic works to
protect the PROJECT GUTENBERG-tm concept and trademark.  Project
Gutenberg is a registered trademark, and may not be used if you
charge for the eBooks, unless you receive specific permission.  If you
do not charge anything for copies of this eBook, complying with the
rules is very easy.  You may use this eBook for nearly any purpose
such as creation of derivative works, reports, performances and
research.  They may be modified and printed and given away--you may do
practically ANYTHING with public domain eBooks.  Redistribution is
subject to the trademark license, especially commercial
redistribution.



*** START: FULL LICENSE ***

THE FULL PROJECT GUTENBERG LICENSE
PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK

To protect the Project Gutenberg-tm mission of promoting the free
distribution of electronic works, by using or distributing this work
(or any other work associated in any way with the phrase "Project
Gutenberg"), you agree to comply with all the terms of the Full Project
Gutenberg-tm License (available with this file or online at
http://gutenberg.net/license).


Section 1.  General Terms of Use and Redistributing Project Gutenberg-tm
electronic works

1.A.  By reading or using any part of this Project Gutenberg-tm
electronic work, you indicate that you have read, understand, agree to
and accept all the terms of this license and intellectual property
(trademark/copyright) agreement.  If you do not agree to abide by all
the terms of this agreement, you must cease using and return or destroy
all copies of Project Gutenberg-tm electronic works in your possession.
If you paid a fee for obtaining a copy of or access to a Project
Gutenberg-tm electronic work and you do not agree to be bound by the
terms of this agreement, you may obtain a refund from the person or
entity to whom you paid the fee as set forth in paragraph 1.E.8.

1.B.  "Project Gutenberg" is a registered trademark.  It may only be
used on or associated in any way with an electronic work by people who
agree to be bound by the terms of this agreement.  There are a few
things that you can do with most Project Gutenberg-tm electronic works
even without complying with the full terms of this agreement.  See
paragraph 1.C below.  There are a lot of things you can do with Project
Gutenberg-tm electronic works if you follow the terms of this agreement
and help preserve free future access to Project Gutenberg-tm electronic
works.  See paragraph 1.E below.

1.C.  The Project Gutenberg Literary Archive Foundation ("the Foundation"
or PGLAF), owns a compilation copyright in the collection of Project
Gutenberg-tm electronic works.  Nearly all the individual works in the
collection are in the public domain in the United States.  If an
individual work is in the public domain in the United States and you are
located in the United States, we do not claim a right to prevent you from
copying, distributing, performing, displaying or creating derivative
works based on the work as long as all references to Project Gutenberg
are removed.  Of course, we hope that you will support the Project
Gutenberg-tm mission of promoting free access to electronic works by
freely sharing Project Gutenberg-tm works in compliance with the terms of
this agreement for keeping the Project Gutenberg-tm name associated with
the work.  You can easily comply with the terms of this agreement by
keeping this work in the same format with its attached full Project
Gutenberg-tm License when you share it without charge with others.

1.D.  The copyright laws of the place where you are located also govern
what you can do with this work.  Copyright laws in most countries are in
a constant state of change.  If you are outside the United States, check
the laws of your country in addition to the terms of this agreement
before downloading, copying, displaying, performing, distributing or
creating derivative works based on this work or any other Project
Gutenberg-tm work.  The Foundation makes no representations concerning
the copyright status of any work in any country outside the United
States.

1.E.  Unless you have removed all references to Project Gutenberg:

1.E.1.  The following sentence, with active links to, or other immediate
access to, the full Project Gutenberg-tm License must appear prominently
whenever any copy of a Project Gutenberg-tm work (any work on which the
phrase "Project Gutenberg" appears, or with which the phrase "Project
Gutenberg" is associated) is accessed, displayed, performed, viewed,
copied or distributed:

This eBook is for the use of anyone anywhere at no cost and with
almost no restrictions whatsoever.  You may copy it, give it away or
re-use it under the terms of the Project Gutenberg License included
with this eBook or online at www.gutenberg.net

1.E.2.  If an individual Project Gutenberg-tm electronic work is derived
from the public domain (does not contain a notice indicating that it is
posted with permission of the copyright holder), the work can be copied
and distributed to anyone in the United States without paying any fees
or charges.  If you are redistributing or providing access to a work
with the phrase "Project Gutenberg" associated with or appearing on the
work, you must comply either with the requirements of paragraphs 1.E.1
through 1.E.7 or obtain permission for the use of the work and the
Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or
1.E.9.

1.E.3.  If an individual Project Gutenberg-tm electronic work is posted
with the permission of the copyright holder, your use and distribution
must comply with both paragraphs 1.E.1 through 1.E.7 and any additional
terms imposed by the copyright holder.  Additional terms will be linked
to the Project Gutenberg-tm License for all works posted with the
permission of the copyright holder found at the beginning of this work.

1.E.4.  Do not unlink or detach or remove the full Project Gutenberg-tm
License terms from this work, or any files containing a part of this
work or any other work associated with Project Gutenberg-tm.

1.E.5.  Do not copy, display, perform, distribute or redistribute this
electronic work, or any part of this electronic work, without
prominently displaying the sentence set forth in paragraph 1.E.1 with
active links or immediate access to the full terms of the Project
Gutenberg-tm License.

1.E.6.  You may convert to and distribute this work in any binary,
compressed, marked up, nonproprietary or proprietary form, including any
word processing or hypertext form.  However, if you provide access to or
distribute copies of a Project Gutenberg-tm work in a format other than
"Plain Vanilla ASCII" or other format used in the official version
posted on the official Project Gutenberg-tm web site (www.gutenberg.net),
you must, at no additional cost, fee or expense to the user, provide a
copy, a means of exporting a copy, or a means of obtaining a copy upon
request, of the work in its original "Plain Vanilla ASCII" or other
form.  Any alternate format must include the full Project Gutenberg-tm
License as specified in paragraph 1.E.1.

1.E.7.  Do not charge a fee for access to, viewing, displaying,
performing, copying or distributing any Project Gutenberg-tm works
unless you comply with paragraph 1.E.8 or 1.E.9.

1.E.8.  You may charge a reasonable fee for copies of or providing
access to or distributing Project Gutenberg-tm electronic works provided
that

- You pay a royalty fee of 20% of the gross profits you derive from
     the use of Project Gutenberg-tm works calculated using the method
     you already use to calculate your applicable taxes.  The fee is
     owed to the owner of the Project Gutenberg-tm trademark, but he
     has agreed to donate royalties under this paragraph to the
     Project Gutenberg Literary Archive Foundation.  Royalty payments
     must be paid within 60 days following each date on which you
     prepare (or are legally required to prepare) your periodic tax
     returns.  Royalty payments should be clearly marked as such and
     sent to the Project Gutenberg Literary Archive Foundation at the
     address specified in Section 4, "Information about donations to
     the Project Gutenberg Literary Archive Foundation."

- You provide a full refund of any money paid by a user who notifies
     you in writing (or by e-mail) within 30 days of receipt that s/he
     does not agree to the terms of the full Project Gutenberg-tm
     License.  You must require such a user to return or
     destroy all copies of the works possessed in a physical medium
     and discontinue all use of and all access to other copies of
     Project Gutenberg-tm works.

- You provide, in accordance with paragraph 1.F.3, a full refund of any
     money paid for a work or a replacement copy, if a defect in the
     electronic work is discovered and reported to you within 90 days
     of receipt of the work.

- You comply with all other terms of this agreement for free
     distribution of Project Gutenberg-tm works.

1.E.9.  If you wish to charge a fee or distribute a Project Gutenberg-tm
electronic work or group of works on different terms than are set
forth in this agreement, you must obtain permission in writing from
both the Project Gutenberg Literary Archive Foundation and Michael
Hart, the owner of the Project Gutenberg-tm trademark.  Contact the
Foundation as set forth in Section 3 below.

1.F.

1.F.1.  Project Gutenberg volunteers and employees expend considerable
effort to identify, do copyright research on, transcribe and proofread
public domain works in creating the Project Gutenberg-tm
collection.  Despite these efforts, Project Gutenberg-tm electronic
works, and the medium on which they may be stored, may contain
"Defects," such as, but not limited to, incomplete, inaccurate or
corrupt data, transcription errors, a copyright or other intellectual
property infringement, a defective or damaged disk or other medium, a
computer virus, or computer codes that damage or cannot be read by
your equipment.

1.F.2.  LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right
of Replacement or Refund" described in paragraph 1.F.3, the Project
Gutenberg Literary Archive Foundation, the owner of the Project
Gutenberg-tm trademark, and any other party distributing a Project
Gutenberg-tm electronic work under this agreement, disclaim all
liability to you for damages, costs and expenses, including legal
fees.  YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT
LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE
PROVIDED IN PARAGRAPH 1.F.3.  YOU AGREE THAT THE FOUNDATION, THE
TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE
LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR
INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH
DAMAGE.

1.F.3.  LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a
defect in this electronic work within 90 days of receiving it, you can
receive a refund of the money (if any) you paid for it by sending a
written explanation to the person you received the work from.  If you
received the work on a physical medium, you must return the medium with
your written explanation.  The person or entity that provided you with
the defective work may elect to provide a replacement copy in lieu of a
refund.  If you received the work electronically, the person or entity
providing it to you may choose to give you a second opportunity to
receive the work electronically in lieu of a refund.  If the second copy
is also defective, you may demand a refund in writing without further
opportunities to fix the problem.

1.F.4.  Except for the limited right of replacement or refund set forth
in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE.

1.F.5.  Some states do not allow disclaimers of certain implied
warranties or the exclusion or limitation of certain types of damages.
If any disclaimer or limitation set forth in this agreement violates the
law of the state applicable to this agreement, the agreement shall be
interpreted to make the maximum disclaimer or limitation permitted by
the applicable state law.  The invalidity or unenforceability of any
provision of this agreement shall not void the remaining provisions.

1.F.6.  INDEMNITY - You agree to indemnify and hold the Foundation, the
trademark owner, any agent or employee of the Foundation, anyone
providing copies of Project Gutenberg-tm electronic works in accordance
with this agreement, and any volunteers associated with the production,
promotion and distribution of Project Gutenberg-tm electronic works,
harmless from all liability, costs and expenses, including legal fees,
that arise directly or indirectly from any of the following which you do
or cause to occur: (a) distribution of this or any Project Gutenberg-tm
work, (b) alteration, modification, or additions or deletions to any
Project Gutenberg-tm work, and (c) any Defect you cause.


Section  2.  Information about the Mission of Project Gutenberg-tm

Project Gutenberg-tm is synonymous with the free distribution of
electronic works in formats readable by the widest variety of computers
including obsolete, old, middle-aged and new computers.  It exists
because of the efforts of hundreds of volunteers and donations from
people in all walks of life.

Volunteers and financial support to provide volunteers with the
assistance they need are critical to reaching Project Gutenberg-tm's
goals and ensuring that the Project Gutenberg-tm collection will
remain freely available for generations to come.  In 2001, the Project
Gutenberg Literary Archive Foundation was created to provide a secure
and permanent future for Project Gutenberg-tm and future generations.
To learn more about the Project Gutenberg Literary Archive Foundation
and how your efforts and donations can help, see Sections 3 and 4
and the Foundation web page at http://www.pglaf.org.


Section 3.  Information about the Project Gutenberg Literary Archive
Foundation

The Project Gutenberg Literary Archive Foundation is a non profit
501(c)(3) educational corporation organized under the laws of the
state of Mississippi and granted tax exempt status by the Internal
Revenue Service.  The Foundation's EIN or federal tax identification
number is 64-6221541.  Its 501(c)(3) letter is posted at
http://pglaf.org/fundraising.  Contributions to the Project Gutenberg
Literary Archive Foundation are tax deductible to the full extent
permitted by U.S. federal laws and your state's laws.

The Foundation's principal office is located at 4557 Melan Dr. S.
Fairbanks, AK, 99712., but its volunteers and employees are scattered
throughout numerous locations.  Its business office is located at
809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email
business@pglaf.org.  Email contact links and up to date contact
information can be found at the Foundation's web site and official
page at http://pglaf.org

For additional contact information:
     Dr. Gregory B. Newby
     Chief Executive and Director
     gbnewby@pglaf.org


Section 4.  Information about Donations to the Project Gutenberg
Literary Archive Foundation

Project Gutenberg-tm depends upon and cannot survive without wide
spread public support and donations to carry out its mission of
increasing the number of public domain and licensed works that can be
freely distributed in machine readable form accessible by the widest
array of equipment including outdated equipment.  Many small donations
($1 to $5,000) are particularly important to maintaining tax exempt
status with the IRS.

The Foundation is committed to complying with the laws regulating
charities and charitable donations in all 50 states of the United
States.  Compliance requirements are not uniform and it takes a
considerable effort, much paperwork and many fees to meet and keep up
with these requirements.  We do not solicit donations in locations
where we have not received written confirmation of compliance.  To
SEND DONATIONS or determine the status of compliance for any
particular state visit http://pglaf.org

While we cannot and do not solicit contributions from states where we
have not met the solicitation requirements, we know of no prohibition
against accepting unsolicited donations from donors in such states who
approach us with offers to donate.

International donations are gratefully accepted, but we cannot make
any statements concerning tax treatment of donations received from
outside the United States.  U.S. laws alone swamp our small staff.

Please check the Project Gutenberg Web pages for current donation
methods and addresses.  Donations are accepted in a number of other
ways including including checks, online payments and credit card
donations.  To donate, please visit: http://pglaf.org/donate


Section 5.  General Information About Project Gutenberg-tm electronic
works.

Professor Michael S. Hart is the originator of the Project Gutenberg-tm
concept of a library of electronic works that could be freely shared
with anyone.  For thirty years, he produced and distributed Project
Gutenberg-tm eBooks with only a loose network of volunteer support.


Project Gutenberg-tm eBooks are often created from several printed
editions, all of which are confirmed as Public Domain in the U.S.
unless a copyright notice is included.  Thus, we do not necessarily
keep eBooks in compliance with any particular paper edition.


Most people start at our Web site which has the main PG search facility:

     http://www.gutenberg.net

This Web site includes information about Project Gutenberg-tm,
including how to make donations to the Project Gutenberg Literary
Archive Foundation, how to help produce our new eBooks, and how to
subscribe to our email newsletter to hear about new eBooks.