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.]