The Three Charters of the Virginia Company of London Part 9

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, b.u.t.t 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 princ.i.p.all 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 mult.i.tudes 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 quant.i.tie 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 a.s.sidious care.

16. Item: silke gra.s.se, 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 s.h.i.+pping 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, b.u.t.t 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 a.s.sistance 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 s.h.i.+pps.

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 s.h.i.+pping 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 gla.s.se 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 pa.s.sadgs, 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 pa.s.se 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 pa.s.ses, warrants, copies of orders, seales, &c., or proportionably to the merits of servants paines and attendance.

32. Item: the Governor & Counsell a.s.sembled within a short time after the arivall of this s.h.i.+pp 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 s.h.i.+ping 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 s.p.a.ce 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 s.h.i.+pping 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 a.s.semble 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, b.u.t.t 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 s.p.a.ce 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 a.s.sembly, 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 a.s.sembly 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 a.s.sembly.]

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, b.u.t.t 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 finnis.h.i.+ng 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 a.s.sociates 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 c.u.n.trie 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 fis.h.i.+ng 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 G.o.d and infinitt honor, strenght & profitt to our King & c.u.n.try.

47. Lastly wee pray you that no s.h.i.+pp 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 s.h.i.+pps any goods provicions sent thither to bee brought from thence againe by any marriners, pa.s.sengers 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 s.h.i.+pps 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 s.h.i.+pps 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 twent.i.th day of Julie, 1621; and in the yeare of the raign of our soveraigne Lord James, by the grace of G.o.d 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 fift.i.th.

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 CONSt.i.tUTION FOR COUNCIL AND a.s.sEMBLY 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 a.s.sistance 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 & establis.h.i.+ng such supreame Counsells as may not only bee a.s.sisting 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 a.s.sisting, 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.