An ordinance and constitution enlarging the number of our
Councel for the two several Colonies and plantations in
Virginia and America between 34 and 45 degrees of northerly
latitude, and augmenting their authority for the better
directing and ordering of such things as shall concerne the
said Colonies.
James, by the grace of God, &c. Whereas wee, by our letters patents
under our Great Seale of England bearing date the tenth day of April
last past, have given licence to sundry our loving subjects named in the
said letters patents and to their associates to deduce and conduct two
several Colonies or plantations of sundry our loving people willing to
abide and inhabit in certaine parts of Virginia and America with divers
preheminences, priviledges, authorities and other things, as in and by
the said letters patents more particularly it appeareth; and whereas
wee, according to the effect and true meaning of the said letters
patents, have by a former instrument, signed with our hand and signe
manuel and sealed with our Privy Seal of our realme of England,
established and ordained that our trusty and welbeloved Sir William
Wade, Knight, our Lieutanant of our Tower of London; Sir Thomas Smith,
Knight; Sir Walter Cope, Knight; Sir George Moor, Knight; Sir Francis
Popeham, Knight; Sir Ferdinando Gorges, Knight; Sir John Trevor, Knight;
Sir Henry Montague, Knight, Recorder of our citty of London; Sir William
Rumney, Knight; John Dodderidge, Esqr., our Solicitor General; Thomas
Warr, Esq.; John Eldred, of our city of London, merchant; Thomas James,
of our citty of Bristol, merchant; and James Bagge, of Plymouth in our
county of Devon, merchant; should be our Councel for all matters which
should happen in Virginia or any the territories of America aforesaid,
or any actions, businesse or causes for and concerning the same, which
Councel is from time to time to be encreased, altered or changed att the
nomination of us, our heires and successors, and att our and their will
and pleasure; & whereas our said Councel have found by experience their
number being but fourteen in all and most of them dispersed by reason of
their several habitations far and remote the one from the other, and
many of them in like manner far remote from our citty of London where,
if need require, they may receive directions from us and our Privy
Councel and from whence instructions and directions may be by them left
and more readily given for the said Colonies; that when very needful
occasion requireth there cannot be any competent number of them by any
meanes be drawne together for consultation; for remedy whereof our said
loving subjects of the several Colonies aforesaid have been humble
suitors unto us and have to that purpose offered to our Royal
consideration the names of certaine sage and discreet persons, & having
with like humility entreated us that the said persons, or soe many of
them as to us should seem good, might be added unto them and might
(during our pleasure) be of our Councel for the foresaid Colonies of
Virginia; wee therefore for the better establishing, disposing,
orderring and directing of the said several Colonies within the degrees
aforesaid, and of all such affaires, matters and things as shall touch
and concerne the same, doe, by these presents signed with our hand and
signe manuel and sealed with our Privy Seale of our realme of England,
establish and ordaine that our trusty and welbeloved Sir Thomas
Challonor, Knight; Sir Henry Nevil, Knight; Sir Fulks Grevil, Knight;
Sir John Scot, Knight; Sir Robert Mansfield, Knight; Sir Oliver Cromwel,
Knight; Sir Morrice Berkeley, Knight; Sir Edward Michelbourne, Knight;
Sir Thomas Holcroft, Knight; Sir Thomas Smith, Knight, Clerk of our
Privy Councel; Sir Robert Kelligrew, Knight; Sir Robert Croft, Knight;
Sir George Copping, Knight; Sir Edwyn Sandys, Knight; Sir Thomas Row,
Knight; and Sir Anthony Palmer, Knight; nominated unto us by and on the
behalfe of the said First Colony; Sir Edward Hungerford, Knight; Sir
John Mallet, Knight; Sir John Gilbert, Knight; Sir Thomas Freale,
Knight; Sir Richard Hawkings, Knight; Sir Bartholomew Mitchel, Knight;
Edward Seamour, Esq.; Bernard Greenville, Esq.; Edward Rogers, Esq.; and
Matthew Sutcliffe, Doctor of Divinity; nominated to us by and on the
behalfe of the said Second Colony, shall together with the persons
formerly named, be our Councel for all matters which shall or may
conduct to the aforesaid plantations or which shall happen in Virginia
or any the territories of America between 34 & 45 degrees of northerly
latitude from the aequinoctial line and the islands to the several
Colonies limited and assigned, that is to say, the First Colony from 34
to 41 degrees of the said latitude, and the Second Colony between 38 and
45 degrees of the said latitude. And our further will and pleasure is,
and by these presents for us, our heires and successors wee doe grant
unto our said Councel of Virginia, that they or any twelve of them att
the least, for the time being, whereof six att the least to be members
of one of the said Colonies, and six more att the least to be members of
the other Colony, shall have full power and authority to ordaine,
nominate, elect and choose any other person or persons att their
discretion to be and to serve as officer or officers to all offices and
places that shall by them be thought fitt and requisite for the
businesse and affaires of our said Councel and concerning the plantation
or plantations aforesaid, and for the summoning, calling and assembling
of the said Councel together when need shall require, or for summoning
and calling before the said Councel any of the adventurors or others
which shall passe on unto the said several Colonies to inhabit or to
traffick there, or any other such like officer or officers which in time
shall or may be found of use, behoofe or importance unto the Councel
aforesaid. [And the said Council or any twelve of them as is aforesaid
shall have full power and authority from time to time to continue or to
alter or change the said officers and to elect and appoint others in
their roomes and places, to make and ordain acts and ordinances for the
better ordering, disposing and marshalling of the said several Colonies
and the several adventurers or persons going to inhabit in the same
several Colonies, or of any provision or provisions for the same, or for
the direction of the officers aforesaid, or for the making of them to be
subordinate or under jurisdiction one of another, and to do and execute
all and every of their act and things which by any our grants or letters
patents heretofore made they are warranted or authorised to do or
execute so as always none of the said acts and ordinances or other
things be contrary or repugnant to the true intent and meaning of our
said letters patents granted for the plantation of the said several
Colonies in Virginia and territories of America as aforesaid, or
contrary to the laws and statutes in this our realm of England, or in
derogation of our prerogative royal. Witness ourself at Westminster the
ninth day of March (1607) in the year of our reign of England, France
and Ireland the fourth, and of Scotland the fortieth, &c.][4]
Virginia State Library, "Patents, No. 2, 1643-1651"; Hening, Vol. I, pp.
76-79.
[Footnote 4: Bracketed passage supplied from text in Hening.]