The Three Charters of the Virginia Company of London Part 8

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 a.s.sembled 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 a.s.signes 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 s.h.i.+pping, 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 pa.s.sing 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 s.p.a.ce 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 pa.s.se 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 s.h.i.+p 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 c.u.n.trie 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 n.o.ble, 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 a.s.sent 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 s.p.a.ce 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 finis.h.i.+ng 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 a.s.sisting 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; St.i.th, 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 a.s.sembly. 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 flouris.h.i.+ng state might, in process of time by the blessing of Almighty G.o.d, be raised. Now our trust being that under the goverment of you, Captain Yeardly, with the advice and a.s.sistance of the said Council of State, such public provisions of corn and cattle will again be raised as may draw on those mult.i.tudes 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 a.s.sent of His Majesties Council here of Virginia, being a.s.sembled 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 a.s.signed to Captain Argal at his going Deputy Governor, or sithence by him a.s.sumed, 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 s.h.i.+pped 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 s.h.i.+ping 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 s.p.a.ce 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 s.h.i.+llings paid [for such share], allotted and set out to be held by them, their heirs and a.s.signs, 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 a.s.signs, for ever; paying for every fifty acres the yearly free rent of one s.h.i.+lling 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 s.h.i.+lling 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 G.o.dly, learned and painful ministers may be placed there for the service of Almighty G.o.d & for the spiritual benefit and comfort of the people, we further will and ordain that in every of those cities or burroughs the several quant.i.ty 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 quant.i.ties 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 G.o.dly 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 ab.u.t.teth upon a creek there called Mapsc.o.c.k 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 Mapsc.o.c.k 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 ab.u.t.teth 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 quant.i.ty 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 a.s.signs, 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 a.s.signs for ever, upon condition that the said tradesman, his heirs and a.s.signs 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 mult.i.tudes, either by divers of the ancient adventurers a.s.sociating themselves together (as the Society of Smiths Hundred and Martins Hundred) or by some ancient adventurer or planter a.s.sociating 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 a.s.signed him and then by your discretions to remove to some farther place by themselves, to be chosen with the allowance and a.s.sent 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 a.s.sociates 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 a.s.sociates; 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 a.s.sociates 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 a.s.sociated 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 a.s.sociation to masters of s.h.i.+ps 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 a.s.sociate to any other unto them then such as were their a.s.sociates 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 a.s.sociation 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 a.s.sociation 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 a.s.sist 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 a.s.sociates, 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 pa.s.sed 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 s.h.i.+llings 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 s.h.i.+ped 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 a.s.signment 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 s.h.i.+llings 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, s.e.x, trades and conditions of every such person so transported or s.h.i.+ped, 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 s.h.i.+ped 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, s.e.x, trades and conditions of every such person so transported or s.h.i.+ped, 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, a.s.sociating 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 G.o.d, 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 s.p.a.ce.]

[Footnote 25: Blank s.p.a.ce.]

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 G.o.d and observance of his divine lawes and that the people in Virginia bee trained up in true religion, G.o.d lives and vertue, that ther example may be a meanes to winn the infidells to G.o.d: 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 purcha.s.ses 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 G.o.d 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 a.s.sist 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 a.s.soone 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 G.o.d will goe a long uppon the Collony ther as wee are a.s.sured 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 establis.h.i.+ng 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.