Henrie, Earl of Southampton
William, Earl of Pembrooke
Henrie, Earl of Lincoln
Thomas, Earl of Exeter
Roberte, Lord Viscounte Lisle
Lord Theophilus Howard
James, Lord Bishopp of Bathe and Wells
Edward, Lord Zouche
Thomas, Lord Laware
William, Lord Mounteagle
Edmunde, Lord Sheffeilde
Grey, Lord Shanndoys [Chandois][17]
John, Lord Stanhope
George, Lord Carew
Sir Humfrey Welde, Lord Mayor of London
Sir Edward Cecil
Sir William Waad [Wade]
Sir Henrie Nevill
Sir Thomas Smith
Sir Oliver Cromwell
Sir Peter Manwood
Sir Thomas Challoner
Sir Henrie Hovarte [Hobart]
Sir Franncis Bacon
Sir George Coppin
Sir John Scott
Sir Henrie Carey
Sir Roberte Drurie [Drury]
Sir Horatio Vere
Sir Eward Conwaye [Conway]
Sir Maurice Berkeley [Barkeley]
Sir Thomas Gates
Sir Michaele Sands [Sandys]
Sir Roberte Mansfeild [Mansel]
Sir John Trevor
Sir Amyas Preston
Sir William Godolphin
Sir Walter Cope
Sir Robert Killigrewe
Sir Henrie Faushawe [Fanshaw]
Sir Edwyn Sandes [Sandys]
Sir John Watts
Sir Henrie Montague
Sir William Romney
Sir Thomas Roe
Sir Baptiste Hicks
Sir Richard Williamson
Sir Stephen Powle [Poole]
Sir Dudley Diggs
Christopher Brooke, [Esq.]
John Eldred, and
John Wolstenholme
shalbe oure Counsell for the said Companie of Adventurers and Planters
in Virginia.
[Footnote 17: All names in brackets are taken from the text
in Stith.]
And the said Sir Thomas Smith wee ordaine to be Tresorer of the said
Companie, which Tresorer shall have aucthoritie to give order for the
warninge of the Counsell and sommoninge the Companie to their courts and
meetings.
And the said Counsell and Tresorer or anie of them shalbe from
henceforth nominated, chosen, contynued, displaced, chaunged, altered
and supplied, as death or other severall occasions shall require, out of
the Companie of the said adventurers by the voice of the greater parte
of the said Counsell and adventurers in their assemblie for that
purpose; provided alwaies that everie Councellor so newlie elected
shalbe presented to the Lord Channcellor of England, or to the Lord
Highe Treasurer of England, or the Lord Chambleyne of the housholde of
us, oure heires and successors, for the tyme beinge to take his oathe of
a Counsellor to us, oure heires and successors, for the said Companie
and Collonie in Virginia.
And wee doe by theis presents, of oure especiall grace, certaine
knowledge and meere motion, for us, oure heires and successors, grannte
unto the said Tresorer and Companie and their successors, that if it
happen at anie time or times the Tresorer for the tyme beinge to be
sick, or to have anie such cause of absente from the cittie of London as
shalbe allowed by the said Counsell or the greater parte of them
assembled, so as he cannot attende the affaires of that Companie, in
everie such case it shall and maie be lawfull for such Tresorer for the
tyme beinge to assigne, constitute and appointe one of the Counsell for
Companie to be likewise allowed by the Counsell or the greater parte of
them assembled to be the deputie Tresorer for the said Companie; which
Deputie shall have power to doe and execute all things which belonge to
the said Tresorer duringe such tyme as such Tresorer shalbe sick or
otherwise absent, upon cause allowed of by the said Counsell or the
major parte of them as aforesaid, so fullie and wholie and in as large
and ample manner and forme and to all intents and purposes as the said
Tresorer if he were present himselfe maie or might doe and execute the
same.
And further of oure especiall grace, certaine knowledge and meere
mocion, for us, oure heires and successors, wee doe by theis presents
give and grannt full power and aucthoritie to oure said Counsell here
resident aswell at this present tyme as hereafter, from time to time, to
nominate, make, constitute, ordaine and confirme by such name or names,
stile or stiles as to them shall seeme good, and likewise to revoke,
dischardge, channge and alter aswell all and singuler governors, oficers
and ministers which alreadie hath ben made, as also which hereafter
shalbe by them thought fitt and meedefull to be made or used for the
government of the said Colonie and plantacion.
And also to make, ordaine and establishe all manner of orders, lawes,
directions, instructions, formes and ceremonies of government and
magistracie, fitt and necessarie, for and concerninge the government of
the said Colonie and plantacion; and the same att all tymes hereafter to
abrogate, revoke or chaunge, not onely within the precincts of the said
Colonie but also upon the seas in goeing and cominge to and from the
said Collonie, as they in their good discrecions shall thinke to be
fittest for [the] good of the adventurers and inhabiters there.
And we doe also declare that for divers reasons and consideracions us
thereunto especiallie moving, oure will and pleasure is and wee doe
hereby ordaine that imediatlie from and after such time as anie such
governour or principall officer so to be nominated and appointed by oure
said Counsell for the governement of the said Colonie, as aforesaid,
shall arive in Virginia and give notice unto the Collonie there resident
of oure pleasure in this behalfe, the government, power and aucthority
of the President and Counsell, heretofore by oure former lettres patents
there established, and all lawes and constitucions by them formerlie
made, shall utterly cease and be determined; and all officers,
governours and ministers formerly constituted or appointed shalbe
dischardged, anie thinge in oure said former lettres patents conserninge
the said plantacion contayned in aniewise to the contrarie
notwithstandinge; streightlie chardginge and commaundinge the President
and Counsell nowe resident in the said Collonie upon their alleadgiance
after knowledge given unto them of oure will and pleasure by theis
presentes signified and declared, that they forth with be obedient to
such governor or governers as by oure said Counsell here resident shalbe
named and appointed as aforesaid; and to all direccions, orders and
commandements which they shall receive from them, aswell in the present
resigninge and giveinge upp of their aucthoritie, offices, chardg and
places, as in all other attendannce as shalbe by them from time to time
required.
And wee doe further by theis presentes ordaine and establishe that the
said Tresorer and Counsell here resident, and their successors or anie
fower of them assembled (the Tresorer beinge one), shall from time to
time have full power and aucthoritie to admitt and receive anie other
person into their companie, corporacion and freedome; and further, in a
generall assemblie of the adventurers, with the consent of the greater
parte upon good cause, to disfranchise and putt oute anie person or
persons oute of the said fredome and Companie.
And wee doe also grannt and confirme for us, oure heires and successors
that it shalbe lawfull for the said Tresorer and Companie and their
successors, by direccion of the Governors there, to digg and to serche
for all manner of mynes of goulde, silver, copper, iron, leade, tinne
and other mineralls aswell within the precincts aforesaid as within anie
parte of the maine lande not formerly graunted to anie other; and to
have and enjoye the gould, silver, copper, iron, leade, and tinn, and
all other mineralls to be gotten thereby, to the use and behoofe of the
said Companie of Planters and Adventurers, yeldinge therefore and
payinge yerelie unto us, oure heires and successors, as aforesaid.
And wee doe further of oure speciall grace, certaine knowledge and meere
motion, for us, oure heires and successors, grannt, by theis presents to
and withe the said Tresorer and Companie and their successors, that it
shalbe lawfull and free for them and their assignes at all and everie
time and times here after, oute of oure realme of England and oute of
all other [our] dominions, to take and leade into the said voyage, and
for and towards the said plantacion, and to travell thitherwards and to
abide and inhabite therein the said Colonie and plantacion, all such and
so manie of oure lovinge subjects, or anie other straungers that
wilbecomme oure lovinge subjects and live under oure allegiance, as
shall willinglie accompanie them in the said voyadge and plantation with
sufficient shippinge, armour, weapons, ordinannce, municion, powder,
shott, victualls, and such merchaundize or wares as are esteemed by the
wilde people in those parts, clothinge, implements, furnitures, catle,
horses and mares, and all other thinges necessarie for the said
plantation and for their use and defence and trade with the people
there, and in passinge and retourninge to and from without yeldinge or
payinge subsedie, custome, imposicion, or anie other taxe or duties to
us, oure heires or successors, for the space of seaven yeares from the
date of theis presents; provided, that none of the said persons be such
as shalbe hereafter by speciall name restrained by us, oure heires or
successors.
And for their further encouragement, of oure speciall grace and favour,
wee doe by theis present for us, oure heires and successors, yeild and
graunte to and with the said Tresorer and Companie and their successors
and everie of them, their factors and assignes, that they and every of
them shalbe free and quiett of all subsedies and customes in Virginia
for the space of one and twentie yeres, and from all taxes and
imposicions for ever, upon anie goods or merchaundizes at anie time or
times hereafter, either upon importation thither or exportation from
thence into oure realme of England or into anie other of oure [realms
or] dominions, by the said Tresorer and Companie and their successors,
their deputies, factors [or] assignes or anie of them, except onlie the
five pound per centum due for custome upon all such good and
merchanndizes as shalbe brought or imported into oure realme of England
or anie other of theis oure dominions accordinge to the auncient trade
of merchannts, which five poundes per centum onely beinge paid, it
shalbe thensforth lawfull and free for the said Adventurers the same
goods [and] merchaundizes to export and carrie oute of oure said
dominions into forraine partes without anie custome, taxe or other duty
to be paide to us, oure heires or successors or to anie other oure
officers or deputies; provided, that the saide goods and merchaundizes
be shipped out within thirteene monethes after their first landinge
within anie parte of those dominions.
And wee doe also confirme and grannt to the said Tresorer and Companie,
and their successors, as also to all and everie such governer or other
officers and ministers as by oure said Counsell shalbe appointed, to
have power and aucthoritie of governement and commannd in or over the
said Colonie or plantacion; that they and everie of them shall and
lawfullie maie from tyme to tyme and at all tymes forever hereafter, for
their severall defence and safetie, enconnter, expulse, repell and
resist by force and armes, aswell by sea as by land, and all waies and
meanes whatsoever, all and everie such person and persons whatsoever as
without the speciall licens of the said Tresorer and Companie and their
successors shall attempte to inhabite within the said severall precincts
and lymitts of the said Colonie and plantacion; and also, all and everie
such person and persons whatsoever as shall enterprise, or attempte at
anie time hereafter, destruccion, invasion, hurte, detriment or
annoyannce to the said Collonye and plantacion, as is likewise specified
in the said former grannte.
And that it shalbe lawful for the said Tresorer and Companie, and their
successors and everie of them, from time to time and at all times
hereafter, and they shall have full power and aucthoritie, to take and
surprise by all waies and meanes whatsoever all and everie person and
persons whatsoever, with their shippes, goods and other furniture,
traffiquinge in anie harbor, creeke or place within the limitts or
precincts of the said Colonie and plantacion, [not] beinge[18] allowed
by the said Companie to be adventurers or planters of the said Colonie,
untill such time as they beinge of anie realmes or dominions under oure
obedience shall paie or agree to paie, to the hands of the Tresorer or
[of] some other officer deputed by the said governors in Virginia (over
and above such subsedie and custome as the said Companie is or here
after shalbe to paie) five poundes per centum upon all goods and
merchaundizes soe brought in thither, and also five per centum upon all
goods by them shipped oute from thence; and being straungers and not
under oure obedience untill they have payed (over and above such
subsedie and custome as the same Tresorer and Companie and their
successors is or hereafter shalbe to paie) tenn pounds per centum upon
all such goods, likewise carried in and oute, any thinge in the former
lettres patents to the contrarie not withstandinge; and the same sommes
of monie and benefitt as aforesaid for and duringe the space of one and
twentie yeares shalbe wholie imploied to the benefitt and behoof of the
said Colonie and plantacion; and after the saide one and twentie yeares
ended, the same shalbe taken to the use of us, oure heires or
successors, by such officer and minister as by us, oure heires or
successors, shalbe thereunto assigned and appointed, as is specified in
the said former lettres patents.
[Footnote 18: Stith's footnote: "It is _and being_ in the
original; but the sense carried me so clearly to it, that I
ventured to make this correction, letting the reader at the
same time know it."]
Also wee doe, for us, oure heires and successors, declare by theis
presents, that all and everie the persons beinge oure subjects which
shall goe and inhabit within the said Colonye and plantacion, and everie
of their children and posteritie which shall happen to be borne within
[any] the lymitts thereof, shall have [and] enjoye all liberties,
franchesies and immunities of free denizens and naturall subjects within
anie of oure other dominions to all intents and purposes as if they had
bine abidinge and borne within this oure kingdome of England or in anie
other of oure dominions.
And forasmuch as it shalbe necessarie for all such our lovinge subjects
as shall inhabitt within the said precincts of Virginia aforesaid to
determine to live togither in the feare and true woorshipp of Almightie
God, Christian peace and civill quietnes, each with other, whereby
everie one maie with more safety, pleasure and profitt enjoye that where
unto they shall attaine with great paine and perill, wee, for us, oure
heires and successors, are likewise pleased and contented and by theis
presents doe give and graunte unto the said Tresorer and Companie and
their successors and to such governors, officers and ministers as
shalbe, by oure said Councell, constituted and appointed, accordinge to
the natures and lymitts of their offices and places respectively, that
they shall and maie from time to time for ever hereafter, within the
said precincts of Virginia or in the waie by the seas thither and from
thence, have full and absolute power and aucthority to correct, punishe,
pardon, governe and rule all such the subjects of us, oure heires and
successors as shall from time to time adventure themselves in anie
voiadge thither or that shall at anie tyme hereafter inhabitt in the
precincts and territorie of the said Colonie as aforesaid, accordinge to
such order, ordinaunces, constitution, directions and instruccions as by
oure said Counsell, as aforesaid, shalbe established; and in defect
thereof, in case of necessitie according to the good discretions of the
said governours and officers respectively, aswell in cases capitall and
criminall as civill, both marine and other, so alwaies as the said
statuts, ordinannces and proceedinges as neere as convenientlie maie be,
be agreable to the lawes, statutes, government and pollicie of this oure
realme of England.
And we doe further of oure speciall grace, certeine knowledge and mere
mocion, grant, declare and ordaine that such principall governour as
from time to time shall dulie and lawfullie be aucthorised and
appointed, in manner and forme in theis presents heretofore expressed,
shall [have] full power and aucthoritie to use and exercise marshall
lawe in cases of rebellion or mutiny in as large and ample manner as
oure leiutenant in oure counties within oure realme of England have or
ought to have by force of their comissions of lieutenancy.
And furthermore, if anie person or persons, adventurers or planters, of
the said Colonie, or anie other at anie time or times hereafter, shall
transporte anie monyes, goods or marchaundizes oute of anie [of] oure
kingdomes with a pretence or purpose to lande, sell or otherwise dispose
the same within the lymitts and bounds of the said Collonie, and yet
nevertheles beinge at sea or after he hath landed within anie part of
the said Colonie shall carrie the same into anie other forraine
Countrie, with a purpose there to sell and dispose there of that, then
all the goods and chattels of the said person or persons so offendinge
and transported, together with the shipp or vessell wherein such
transportacion was made, shalbe forfeited to us, oure heires and
successors.
And further, oure will and pleasure is, that in all questions and doubts
that shall arrise upon anie difficultie of construccion or
interpretacion of anie thinge contained either in this or in oure said
former lettres patents, the same shalbe taken and interpreted in most
ample and beneficiall manner for the said Tresorer and Companie and
their successors and everie member there of.
And further, wee doe by theis presents ratifie and confirme unto the
said Tresorer and Companie and their successors all privuleges,
franchesies, liberties and immunties graunted in oure said former
lettres patents and not in theis oure lettres patents revoked, altered,
channged or abridged.
And finallie, oure will and pleasure is and wee doe further hereby for
us, oure heires and successors grannte and agree, to and with the said
Tresorer and Companie and their successors, that all and singuler person
and persons which shall at anie time or times hereafter adventure anie
somme or sommes of money in and towards the said plantacion of the said
Colonie in Virginia and shalbe admitted by the said Counsell and
Companie as adventurers of the said Colonie, in forme aforesaid, and
shalbe enrolled in the booke or record of the adventurers of the said
Companye, shall and maie be accompted, accepted, taken, helde and
reputed Adventurers of the said Collonie and shall and maie enjoye all
and singuler grannts, priviledges, liberties, benefitts, profitts,
commodities [and immunities], advantages and emoluments whatsoever as
fullie, largely, amplie and absolutely as if they and everie of them had
ben precisely, plainely, singulerly and distinctly named and inserted in
theis oure lettres patents.
And lastely, because the principall effect which wee cann desier or
expect of this action is the conversion and reduccion of the people in
those partes unto the true worshipp of God and Christian religion, in
which respect wee would be lothe that anie person should be permitted to
passe that wee suspected to affect the superstitions of the Churche of
Rome, wee doe hereby declare that it is oure will and pleasure that none
be permitted to passe in anie voiadge from time to time to be made into
the saide countrie but such as firste shall have taken the oath of
supremacie, for which purpose wee doe by theise presents give full power
and aucthoritie to the Tresorer for the time beinge, and anie three of
the Counsell, to tender and exhibite the said oath to all such persons
as shall at anie time be sent and imploied in the said voiadge.
Although expresse mention [of the true yearly value or certainty of the
premises, or any of them, or of any other gifts or grants, by us or any
of our progenitors or predecessors, to the aforesaid Treasurer and
Company heretofore made, in these presents is not made; or any act,
statute, ordinance, provision, proclamation, or restraint, to the
contrary hereof had, made, ordained, or provided, or any other thing,
cause, or matter, whatsoever, in any wise notwithstanding.] In witnes
whereof [we have caused these our letters to be made patent. Witness
ourself at Westminster, the 23d day of May (1609) in the seventh year of
our reign of England, France, and Ireland, and of Scotland the ****]
Per ipsum Regem exactum.
P. R. O. Chancery Patent Rolls (c. 66), 1796, 5; Stith, Appendix, pp.
8-22; Hening, Vol. I, pp. 80-98.
VIRGINIA COUNCIL. "INSTRUCCIONS
ORDERS AND CONSTITUCIONS ...
TO SR THOMAS GATES KNIGHT GOVERNOR
OF VIRGINIA"