James, by the grace of God [King of England, Scotland, France and
Ireland, Defender of the Faith;] to all to whom [these presents shall
come,] greeting. Whereas at the humble suite of divers and sundry our
lovinge subjects, aswell adventurers as planters of the First Colonie in
Virginia, and for the propagacion of Christian religion and reclayminge
of people barbarous to civilitie and humanitie, we have by our lettres
patent bearing date at Westminster the three and twentieth daie of May
in the seaventh yeare of our raigne of England, Frannce and Ireland, and
the twoe and fortieth of Scotland, given and grannted unto them, that
they and all suche and soe manie of our loving subjects as shold from
time to time for ever after be joyned with them as planters or
adventurers in the said plantacion, and their successors for ever, shold
be one body politique incorporated by the name of The Treasorer and
Planters of the Cittie of London for the First Colonie in Virginia;
And whereas allsoe for the greater good and benefitt of the said
Companie and for the better furnishing and establishing of the said
plantacion we did further [give], grannte and confirme by our said
lettres patent unto the said Treasorer and Companie and their successors
for ever, all those landes, contries and territories scituate, lyeing
and being in that part of America called Virginia, from the point of
land called Cape [or] Pointe Comfort all along the seacoste to the
northward twoe hundred miles, and from the said point of Cape Comfort
all along the seacoste to the sowthward twoe hundred miles, and all the
space and circuit of land lying from the sea coste of the precinct
aforesaid up or into the land throughout from sea to sea, west and
northwest, and allso all the islandes lying within one hundred miles
along the coast of both the seas of the precinct aforsaid, with diverse
other grannts, liberties, franchises, preheminences, privileges,
proffitts, benefitts, and commodities, grannted in and by our said
lettres patent to the said Tresorer and Companie, and their successors,
for ever:
Now for asmuchas we are given to undestande that in these seas adjoyning
to the said coast of Virginia and without the compasse of those twoe
hundred miles by us soe grannted unto the said Treasurer and Companie as
aforesaid, and yet not farr distant from the said Colony in Virginia,
there are or may be divers islandes lying desolate and uninhabited, some
of which are already made knowne and discovered by the industry,
travell, and expences of the said Company, and others allsoe are
supposed to be and remaine as yet unknowen and undiscovered, all and
every of which itt maie importe the said Colony both in safety and
pollecy of trade to populate and plant, in regard where of, aswell for
the preventing of perill as for the better comodity and prosperity of
the said Colony, they have bin humble suitors unto us that we wold be
pleased to grannt unto them an inlardgement of our said former lettres
patent, aswell for a more ample extent of their limitts and territories
into the seas adjoyning to and uppon the coast of Virginia as allsoe for
some other matters and articles concerning the better government of the
said Company and Collony, in which point our said former lettres patents
doe not extende soe farre as time and experience hath found to be
needfull and convenient:
We, therefore, tendring the good and happy successe of the said
plantacion both in respect of the generall weale of humane society as in
respect of the good of our owne estate and kingedomes, and being willing
to give furtherannt untoall good meanes that may advannce the benefitt
of the said Company and which maie secure the safety of our loving
subjects, planted in our said Colony under the favour and protection of
God Almighty and of our royall power and authority, have therefore of
our especiall grace, certain knowledge and mere mocion, given, grannted
and confirmed, and for us, our heires and successors we doe by theis
presents, give, grannt and confirme unto the said Treasurer and Company
of Adventurers and Planters of the said Citty of London for the First
Colony in Virginia, and to their heires and successors for ever, all and
singuler the said iselandes [whatsoever] scituat and being in anie part
of the said ocean bordering upon the coast of our said First Colony in
Virginia and being within three hundred leagues of anie the partes
hertofore grannted to the said Treasorer and Company in our said former
lettres patents as aforesaid, and being within or betweene the one and
fortie and thirty degrees of Northerly latitude, together with all and
singuler [soils] landes, groundes, havens, ports, rivers, waters,
fishinges, mines and mineralls, aswell royal mines of gold and silver as
other mines and mineralls, perles, precious stones, quarries, and all
and singuler other commodities, jurisdiccions, royalties, priviledges,
franchises and preheminences, both within the said tract of lande uppon
the maine and allso within the said iselandes and seas adjoyning,
whatsoever, and thereunto or there abouts both by sea and land being or
scituat; and which, by our lettres patents, we maie or cann grannt and
in as ample manner and sort as we or anie our noble progenitors have
heretofore grannted to anie person or persons or to anie Companie, bodie
politique or corporate or to any adventurer or adventurers, undertaker
or undertakers of anie discoveries, plantacions or traffique, of, in, or
into anie foreigne parts whatsoever, and in as lardge and ample manner
as if the same were herein particularly named, mencioned and expressed:
provided allwaies that the said iselandes or anie the premisses herein
mencioned and by theis presents intended and meant to be grannted be not
already actually possessed or inhabited by anie other Christian prince
or estate, nor be within the bounds, limitts or territories of the
Northerne Colonie, hertofore by us grannted to be planted by divers of
our loving subjects in the northpartes of Virginia. To have and to hold,
possesse and injoie all and singuler the said iselandes in the said
ocean seas soe lying and bordering uppon the coast or coasts of the
territories of the said First Colony in Virginia as aforesaid, with all
and singuler the said soiles, landes and groundes and all and singular
other the premisses heretofore by theis presents grannted, or mencioned
to be grannted, to them, the said Treasurer and Companie of Adventurers
and Planters of the Cittie of London for the First Colonie in Virginia,
and to their heires, successors and assignes for ever, to the sole and
proper use and behoofe of them, the said Treasurer and Companie and
their heires, successores and assignes for ever; to be holden of us, our
heires and successors as of our mannor of Eastgreenwich, in free and
common soccage and not in capite, yealding and paying therefore, to us,
our heires and successors, the fifte part of the oare of all gold and
silver which shalbe there gotten, had or obteined for all manner of
services, whatsoever.
And further our will and pleasure is, and we doe by theis presents
grannt and confirme for the good and welfare of the said plantacion, and
that posterity maie hereafter knowe whoe have adventured and not bin
sparing of their purses in such a noble and generous accion for the
generall good of theire cuntrie, and at the request and with the consent
of the Companie aforesaid, that our trusty and welbeloved subjects.[19]
[Footnote 19: Stith gives the following names only: "George,
Lord Archbishop of Canterbury, Henry, Earl of Huntington,
Edward, Earl of Bedford, Richard, Earl of Clanrickard, &c."
The following names in brackets are taken from the text in
Brown's _Genesis_.]
George, Lord Archbishopp of Canterbury
Gilbert, Earle of Shrewsberry
Mary, Countesse of Shrewesbeiry
Elizabeth, Countesse of Derby
Margarett, Countesse of Comberland
Henry, Earle of Huntingdon
Edward, Earle of Beddford
Lucy, Countesse of Bedford
Marie, Countesse of Pembroke
Richard, Earle of Clanrickard
Lady Elizabeth Graie
William, Lord Viscount Cramborne
William, Lord Bishopp of Duresme
Henry, Lord Bishopp of Worceter
John, Lord Bishopp of Oxonford
William, Lord Pagett
Dudley, Lord North
Franncis, Lord Norries
William, Lord Knollis
John, Lord Harrington
Robert, Lord Spencer
Edward, Lord Denny
William, Lord Cavendishe
James, Lord Hay
Elianor, Lady Cave [Carre]
Maistres Elizabeth Scott, widdow
Edward Sackvill, Esquier
Sir Henry Nevill, of Aburgavenny, Knight
Sir Robert Riche, Knight
Sir John Harrington, Knight
Sir Raphe Wimwood, Knight
Sir John Graie, Knight
Sir Henry Riche, Knight
Sir Henry Wotton, Knight
Peregrine Berly, Esquier [Berty]
Sir Edward Phelipps, Knight, Maister of the Rolls
Sir Moile Finche, Knight
Sir Thomas Mansell, Knight
Sir John St. John, Knight
Sir Richard Spencer, Knight
Sir Franncis Barrington, Knight
Sir George Carie of Devonshire, Knight
Sir William Twisden, Knight
Sir John Leveson, Knight
Sir Thomas Walsingham, Knight
Sir Edward Care, Knight
Sir Arthure Manwaringe, Knight
Sir Thomas Jermyn, Knight
Sir Valentine Knightley, Knight
Sir John Dodderidge, Knight
Sir John Hungerford, Knight
Sir John Stradling, Knight
Sir John Bourchidd, Knight [Bourchier]
Sir John Bennett, Knight
Sir Samuel Leonard, Knight
Sir Franncis Goodwin, Knight
Sir Wareham St. Legier, Knight
Sir James Scudamore, Knight
Sir Thomas Mildmaie, Knight
Sir Percivall Harte, Knight
Sir Percivall Willoughby, Knight
Sir Franncis Leigh, Knight
Sir Henry Goodere, Knight
Sir John Cutt, Knight
Sir James Parrett, Knight
Sir William Craven, Knight
Sir John Sammes, Knight
Sir Carey Raleigh, Knight
Sir William Maynard, Knight
Sir Edmund Bowyer, Knight
Sir William Cornewallis, Knight
Sir Thomas Beomont, Knight
Sir Thomas Cunningsby, Knight
Sir Henry Beddingfeild, Knight
Sir David Murray, Knight
Sir William Poole, Knight
Sir William Throgmorton, Knight
Sir Thomas Grantham, Knight
Sir Thomas Stewkley, Knight
Sir Edward Heron, Knight
Sir Ralph Shelten, Knight
Sir Lewes Thesam, Knight
Sir Walter Aston, Knight
Sir Thomas Denton, Knight
Sir Ewstace Hart, Knight
Sir John Ogle, Knight
Sir Thomas Dale, Knight
Sir William Boulstrod, Knight
Sir William Fleetwood, Knight
Sir John Acland, Knight
Sir John Hanham, Knight
Sir Roberte Meller, Knight [Millor]
Sir Thomas Wilford, Knight
Sir William Lower, Knight
Sir Thomas Lerdes, Knight [Leedes]
Sir Franncis Barneham, Knight
Sir Walter Chate, Knight
Sir Thomas Tracy, Knight
Sir Marmaduke Darrell, Knight
Sir William Harrys, Knight
Sir Thomas Gerrand, Knight
Sir Peter Freetchvile, Knight
Sir Richard Trevor, Knight
Sir Amias Bamfeild
Sir William Smith of Essex, Knight
Sir Thomas Hewett, Knight
Sir Richard Smith, Knight
Sir John Heyward, Knight
Sir Christopher Harris, Knight
Sir John Pettus, Knight
Sir William Strode, Knight
Sir Thomas Harfleet, Knight
Sir Walter Vaughan, Knight
Sir William Herrick, Knight
Sir Samuell Saltonstall, Knight
Sir Richard Cooper, Knight
Sir Henry Fane, Knight
Sir Franncis Egiok, Knight
Sir Robert Edolph, Knight
Sir Arthure Harries, Knight
Sir George Huntley, Knight
Sir George Chute, Knight
Sir Robert Leigh, Knight
Sir Richard Lovelace, Knight
Sir William Lovelace, Knight
Sir Robert Yaxley, Knight
Sir Franncis Wortley, Knight
Sir Franncis Heiborne, Knight
Sir Guy Palme, Knight
Sir Richard Bingley, Knight
Sir Ambrose Turvill, Knight
Sir Nicholas Stoddard, Knight
Sir William Gree, Knight
Sir Walter Coverte, Knight
Sir Thomas Eversfeild, Knight
Sir Nicholas Parker, Knight
Sir Edward Culpeper, Knight
Sir William Ayliffe, Knight, and
Sir John Keile, Knight
Doctor George Mountaine, Dean of Westminster
Lawrence Bohan, Docktor in Phisick
Anthony Hinton, Doctor in Phisick
John Pawlett
Arthure Ingram
Anthony Irby
John Weld
John Walter
John Harris
Anthony Dyott
William Ravenscrofte
Thomas Warre
William Hackwill
Lawrence Hide
Nicholas Hide
Thomas Stevens
Franncis Tate
Thomas Coventry
John Hare
Robert Askwith
George Sanndys
Franncis Jones
Thomas Wentworth
Henry Cromewell
John Arundell
John Culpeper
John Hoskins
Walter Fitz Williams
Walter Kirkham
William Roscarrock
Richard Carmerdon
Edward Carne
Thomas Merry
Nicholas Lichfeild
John Middleton
John Smithe, and
Thomas Smith, the sonnes of Sir Thomas Smith
Peter Franke
George Gerrand
Gregory Sprynte
John Drake
Roger Puleston
Oliver Nicholas
Richard Nunnington [Monyngton]
John Vaughan
John Evelin
Lamorock Stradling
John Riddall
John Kettleby
Warren Townsend
Lionell Cranfeild
Edward Salter
William Litton
Humfrey May
George Thorpe
Henry Sandys, and
Edwin Sandys, the sonnes of Sir Edwin Sandys
Thomas Conway
Captaine Owen Gwinn
Captaine Giles Hawkridge
Edward Dyer
Richard Connock
Benjamin Brand
Richard Leigh, and
Thomas Pelham, Esquiers
Thomas Digges, and
John Digges, Esquiers, the sonnes of Sir Dudley Diggs, Knight
Franncis Bradley
Richard Buckminster [Buck]
Franncis Burley
John Procter
Alexannder Whitakers
Thomas Frake, thelder, and
Henry Freake, thelder, Ministers of God's word
The mayor and citizens of Chichester
The mayor and jurates of Dover
The bailiffs, burgesses and comonalty of Ipswich
The mayor and comunalty of Lyme Regis
The mayor and comonalty of Sandwich
The wardens, assistants and companie of the Trinity House
Thomas Martin
Franncis Smaleman
Augustine Steward
Richard Tomlins
Humfrey Jobson
John Legate
Robert Backley [Barkley]
John Crowe
Edward Backley [Barkley]
William Flett [Fleet]
Henry Wolstenholme
Edmund Alleyn
George Tucker
Franncis Glanville
Thomas Gouge
John Evelin
William Hall
John Smithe
George Samms
John Robinson
William Tucker
John Wolstenholme, and
Henry Wolstenholme, sonnes of John Wolstenholme, Esquier
William Hodges
Jonathan Mattall [Nuttall]
Phinees Pett
Captaine John Kinge
Captaine William Beck
Giles Alington
Franncis Heiton, and
Samuell Holliland, gentleman
Richard Chamberlaine
George Chamberlaine
Hewett Staper
Humfrey Handford
Raph Freeman
George Twinhoe [Swinhoe]
Richard Pigott
Elias Roberts
Roger Harris
Devereux Wogan
Edward Baber
William Greenewell
Thomas Stilles [Shilds]
Nicholas Hooker
Robert Garsett
Thomas Cordell
William Bright
John Reynold
Peter Bartley
John Willett
Humfry Smithe
Roger Dye
Nicholas Leate
Thomas Wale
Lewes Tate
Humfrey Merrett
Roberte Peake
Powell Isaackson
Sebastian Viccars
Jarvis Mundes
Richard Warner
Gresham Hogan Warner
Daniell Deruley
Andrew Troughton
William Barrett
Thomas Hodges
John Downes
Richard Harper
Thomas Foxall
William Haselden
James Harrison
William Burrell
John Hodsall
Richard Fishborne
John Miller
Edward Cooke
Richard Hall, marchaunt
Richard Hall, ankersmith
John Delbridge
Richard Francklin
Edmund Scott
John Britten
Robert Stratt
Edmund Pond
Edward James
Robert Bell
Richard Herne
William Ferrers
William Millett
Anthony Abdy
Roberte Gore
Benjamin Decrow
Henry Tunberley [Timberly]
Humfrey Basse
Abraham Speckart
Richard Moorer
William Compton
Richard Poulsoune [Pontsonne]
William Wolaston
John Desmont, clothier [Beomont]
Alexannder Childe
William Fald, fishmonger
Franncis Baldwin
John Jones, marchant
Thomas Plomer
Edward Plomer, marchants
John Stoickden
Robert Tindall
Peter Erundell
Ruben Bourne
Thomas Hampton, and
Franncis Carter, citizens of London,
whoe since our said last lettres patent are become adventurers and have
joined themselves with the former adventurers and planters of the said
Companie and societie, shall from henceforth be reputed, deemed and
taken to be and shalbe brethren and free members of the Companie and
shall and maie, respectively, and according to the proportion and value
of their severall adventures, have, hold and enjoie all suche interest,
right, title, priviledges, preheminences, liberties, franchises,
immunities, profitts and commodities whatsoever, in as lardge, ample and
beneficiall manner to all intents, construccions and purposes as anie
other adventures nominated and expressed in anie our former lettres
patent, or anie of them have or maie have by force and vertue of theis
presents, or anie our former lettres patent whatsoever.
And we are further pleased and we doe by theis presents grannt and
confirm that[20]
Phillipp, Earle of Montgomery
William, Lord Paget
Sir John Harrington, Knight
Sir William Cavendish, Knight
Sir John Sammes, Knight
Sir Samuell Sandys, Knight
Sir Thomas Freke, Knight
Sir William St. John, Knight
Sir Richard Grobham, Knight
Sir Thomas Dale, Knight
Sir Cavalliero Maycott, Knight
Richard Martin, Esquier
John Bingley, Esquier
Thomas Watson, Esquier, and
Arthure Ingram, Esquier,
whome the said Treasurer and Companie have, since the said [last]
lettres patent, nominated and sett downe as worthy and discreete persons
fitt to serve us as Counsellors, to be of our Counsell for the said
plantacion, shalbe reputed, deemed and taken as persons of our said
Councell for the said First Colonie in such manner and sort to all
intents and purposes as those whoe have bin formerly ellected and
nominated as our Counsellors for that Colonie and whose names have bin
or are incerted and expressed in our said former lettres patent.
[Footnote 20: Stith gives the following names only: "Philip,
Earl of Mongomery, William, Lord Paget, Sir John
Starrington, Knt. &c."]
And we doe hereby ordaine and grannt by theis presents that the said
Treasurer and Companie of Adventurers and Planters, aforesaid, shall and
maie, once everie weeke or oftener at their pleasure, hold and keepe a
court and assembly for the better ordening [ordering] and government of
the said plantacion and such thinges as shall concerne the same; and
that anie five persons of the said Counsell for the said First Collonie
in Virginia, for the time being, of which Companie the Treasurer or his
deputie allwaies to be one, and the nomber of fifteene others at the
least of the generality of the said Companie assembled together in such
court or assembly in such manner as is and hath bin heretofore used and
accustomed, shalbe said, taken, held and reputed to be and shalbe a full
and sufficient court of the said Companie for the handling, ordring and
dispatching of all such casuall and particuler occurrences and
accidentall matters of lesse consequence and waight, as shall from time
to time happen, touching and concerning the said plantacion.
And that, nevertheles, for the handling, ordring and disposing of
matters and affaires of great waight and importance and such as shall or
maie in anie sort concerne the weale publike and generall good of the
said Companie and plantacion as namely, the manner of government from
time to time to be used, the ordring and disposing of the said
possessions and the setling and establishing of a trade there, or such
like, there shalbe held and kept everie yeare uppon the last Wednesdaie
save one of Hillary, Easter, Trinity and Michaelmas termes, for ever,
one great, generall and solemne assembly, which fower severall
assemblies shalbe stiled and called The Fower Great and Generall Courts
of the Counsell and Companie of Adventurers for Virginia; in all and
every of which said great and generall Courts soe assembled our will and
pleasure is and we doe, for us, our heires and successors forever, give
and grannt to the said Treasurer and Companie and their successors for
ever by theis presents, that they, the said Treasurer and Companie or
the greater nomber of them soe assembled, shall and maie have full power
and authoritie from time to time and att all times hereafter to ellect
and choose discreet persons to be of our [said] Counsell for the said
First Colonie in Virginia and to nominate and appoint such officers as
theie shall thinke fitt and requisit for the government, managing,
ordring and dispatching of the affaires of the said Companie; and shall
likewise have full power and authority to ordaine and make such lawes
and ordinances for the good and wellfare of the said plantacion as to
them from time to time shalbe thought requisite and meete: soe allwaies
as the same be not contrary to the lawes and statutes of this our realme
of England; and shall in like manner have power and authority to
expulse, disfranchise and putt out of and from their said Companie and
societie for ever all and everie such person and persons as having
either promised or subscribed their names to become adventurers to the
said plantacion of the said First Colonie in Virginia, or having bin
nominated for adventurers in theis or anie our lettres patent or having
bin otherwise admitted and nominated to be of the said Companie, have
nevertheles either not putt in anie adventure [at] all for and towards
the said plantacion or els have refused and neglected, or shall refuse
and neglect, to bringe in his or their adventure by word or writing
promised within sixe monthes after the same shalbe soe payable and due.
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 assembled 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 assignes 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 shipping, 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 passing 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 space 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 passe 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 ship 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 cuntrie 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 noble, 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 assent 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 space 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
finishing 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 assisting 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; Stith, 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 Assembly. There is,
however, evidence in the Instructions to Wyatt (p. 123) that
a "Commission" was given to Yeardley which granted this
authority.]