NOVEMBER 18, 1618

The Treasurer and Companie of Adventurers and Planters of the City of

London for the First Colony in Virginia to Captain George Yeardley,

Elect Governor of Virginia, and to the Council of State there being or

to be, greeting:

Our former cares and endeavours have been chiefly bent to the procuring

and sending people to plant in Virginia so to prepare a way and to lay a

foundation whereon a flourishing state might, in process of time by the

blessing of Almighty God, be raised. Now our trust being that under the

goverment of you, Captain Yeardly, with the advice and assistance of the

said Council of State, such public provisions of corn and cattle will

again be raised as may draw on those multitudes who, in great abundance

from diverse parts of the realm, were preparing to remove thither, if by

the late decay of the said public store their hopes had not been made

frustrate and their minds thereby clene discouraged. We have thought

good to bend our present cares and consultations, according to the

authority granted unto us from His Majesty under his Great Seal, to the

setling there of a laudable form of government by majestracy and just

laws for the happy guiding and governing of the people there inhabiting,

like as we have already done for the well ordering of our courts here

and of our officers and accions for the behoof of that plantation. And

because our intent is to ease all the inhabitants of Virginia forever of

all taxes and public burthens, as much as may be, and to take away all

occasion of oppression and corruption, we have thought fit to begin

(according to the laudable example of the most famous common wealthes

both past and present) to alot and lay out a convenient portion of

public lands for the maintenance and support as well of magistracy and

officers as of other public charges both here and there from time to

time arising. We, therefore, the said Treasurer and Company, upon a

solemn treaty and resolution and with the advice, consent and assent of

His Majesties Council here of Virginia, being assembled in a great and

general Court of the Council and Company of Adventurers for Virginia,

require you, the said Governor and Council of Estate, to put in

execution with all convenient speed a former order of our courts (which

had been commended also to Captain Argal at his making Deputy Governor)

for the laying and seting out by bounds and metes of three thousand

acres of land in the best and most convenient place of the territory of

James town in Virginia and next adjoining to the said town to be the

seat and land of the Governor of Virginia for the time being, and his

successors, and to be called by the name of the Governors Land, which

Governors Land shall be of the freed grounds by the common labor of the

people sent thither at the Companies charges, and of the lands formerly

conquered or purchased of the Paspeheies and of other grounds next

adjoining. In like sort we require you to set and lay out by bounds and

metes other three thousand acres of good land within the territory of

James town which shall be convenient, and in such place or places as in

your discretions you shall find meet; which latter three thousand acres

shall be and so called the Companies Land. And we require you, Captain

Yeardley, that immediately upon your arrival you take unto you the guard

assigned to Captain Argal at his going Deputy Governor, or sithence by

him assumed, to be of your guard [for the better defence][22] of your

Government; and that as well the said guard as also fifty other persons,

now sent and transported with you, you place as tennants on the said

Governors Land and that all other persons heretofore transported at the

common charge of the Company since the coming away of Sir Thomas Dale,

Knight, late Deputy Governor, be placed as tennants on the said

Companies Lands. And we will and ordain that all the said tennants on

the Governors and Companies Lands shall occupy the same to the half part

of the profits of the said lands, so as the one half to be and belong to

the said tennants themselves and the other half respectively to the said

Governor and to us, the said Treasurer and Company and our successors.

And we further will and ordain that of the half profits arising out of

the said Companies Lands and belonging to us, the said Treasurer and

Company, the one moiety be imploied for the entertainment of the said

Councel of Estate there residing and of other public officers of the

general Colony and plantation (besides the Governor), according to the

proportion as hereafter we shall express and in the mean time as you in

your discretions shall think meet. And the other moiety be carefully

gathered, kept and shipped for England for the public use of us, the

said Treasurer and Company and our successors. And we will and ordain

that, out of the half profits of the said Companies Lands to us

belonging, one fifth part be deducted and alotted for the wages of the

bailiffs and other officers which shall have the oversight and goverment

of the said tenants and lands, and the dividing, gathering, keeping or

shiping of the particular moiety of the profits belonging either to the

said Council and officer there or to us, the said Treasurer and Company

and our successors, as aforesaid. Provided alwaies, that out of the said

Companies Land a sufficient part be exempted and reserved for the

securing and wintering of all sorts of cattle which are or shall be the

public stock and store of the said Company. And forasmuch as our intent

is to establish one equal [blank of several lines][23] plantations,

whereof we shall speak afterwards, be reduced into four cities or

burroughs, namely: the cheif city called James town, Charles City,

Henrico, and the Burrough of Kiccowtan. And that in all these foresaid

cities or burroughs and ancient adventurers and planters which [were]

transported thither, with intent to inhabit at their own costs and

charges, before the coming away of Sir Thomas Dale, Knight, and have so

continued during the space of three years, shall have upon a first

division, to be afterward by us augmented, one hundred acres of land for

their personal adventure and as much for every single share of twelve

pound ten shillings paid [for such share], allotted and set out to be

held by them, their heirs and assigns, forever. And that for all such

planters as were brought thither at the Companies charge to inhabit

there, before the coming away of the said Sir Thomas Dale, after the

time of their service to the Company on the common Land agreed shall be

expired, there be set out one hundred acres of land for each of their

personal adventurers to be held by them, their heirs and assigns, for

ever; paying for every fifty acres the yearly free rent of one shilling

to the said Treasurer and Company and their successors, at one entire

payment on the feast day of St Michael the Archangel, for ever. And in

regard that by the singular industry and virtue of the said Sir Thomas

Dale the former difficulties and dangers were in greatest part overcome

to the great ease and security of such as have been since that time

transported thither, we do, therefore, hereby ordain that all such

persons as sithence the coming away of the said Sir Thomas Dale have at

their own charges been transported thither to inhabit, and so continued

as aforesaid, there be allotted and set out upon a first division fifty

acres of land to them and their heirs, for ever, for their personal

adventure, paying a free rent of one shilling yearly in manner

aforesaid.

[Footnote 22: Editorial insertion by Kingsbury.]

[Footnote 23: Editorial note by Kingsbury.]

And that all persons which since the going away of the said Sir Thomas

Dale have been transported thither at the Companies charges, or which

hereafter shall be so transported, be placed as tenants on the Companies

lands for term of seven years, occupy the same to the half part of the

profits as is abovesaid. We therefore will and ordain that other three

thousand acres of land be set out in the fields and territory of Charles

City; and other three thousand acres of land in the fields and

territories of Henrico; and other three thousand acres of land in the

fields and territory of Kiccowtan, all which to be and be called the

Companies Lands and to be occupied by the Companies tenants for half

profits as afore said. And that the profits belonging to the Company be

disposed by their several moieties in the same manner as before set down

touching the Companies lands in the territory of James Town with like

allowance to the bailies and reservation of ground for the common store

of cattle in those several places, as is there set down. And our will is

that such of the Companies tenants as already inhabite in those several

cities or burroughs be not removed to any other city or burrough but

placed on the Companies Lands belonging to those cities or burroughs

where they now inhabite; provided alwaies, that if any private person,

without fraud or injurious intent to the public at his own charges, have

freed any of the said lands formerly appointed to the Governor, he may

continue and inhabite there till a valuable recompence be made him for

his said charges. And we do hereby ordain that the Governors house in

James town, first built by Sir Thomas Gates, Knight, at the charges and

by the servants of the Company, and since enlarged by others by the very

same means, be and continue for ever the Governors house, any pretended

undue grant made by misinformation and not in a general and quarter

court to the contrary in anywise notwithstanding. And to the intent that

godly, learned and painful ministers may be placed there for the service

of Almighty God & for the spiritual benefit and comfort of the people,

we further will and ordain that in every of those cities or burroughs

the several quantity of one hundred acres of land be set out in quality

of glebe land toward the maintenance of the several ministers of the

parishes to be there limited; and for a further supply of their

maintenance there be raised a yearly standing and certain contribution

out of the profits growing or renuing within the several farmes of the

said parish; and so as to make the living of every minister, two hundred

pounds sterling per annum or more as hereafter there shall be cause. And

for a further ease to the inhabitants of all taxes and contributions for

the support and entertainment of the particular magistrates and officers

and of other charges to the said citys and burroughs, respectively

belonging, we likewise will and ordain that within the precincts or

territories of the said cities and burroughs shall be set out and

alotted the several quantities of fifteen hundred acres of land to be

the common land of the said citie or burrough, for the uses aforesaid,

and to be known and called by the name of the Cities or Burroughs Land.

And whereas, by a special grant and licence from His Majesty, a general

contribution over this realm hath been made for the building and

planting of a college for the training up of the children of those

infidels in true religion, moral virtue and civility, and for other

godly uses, we do, therefore, according to a former grant and order,

hereby ratifie, confirm and ordain that a convenient place be chosen and

set out for the planting of a university at the said Henrico in time to

come and that in the mean time preparation be there made for the

building of the said college for the children of the infidels, according

to such instructions as we shall deliver; and we will and ordain that

ten thousand acres, partly of the lands they impaled and partly of other

land within the territory of the said Henrico, be alotted and set out

for the endowing of the said university and college with convenient

possessions. Whereas also we have heretofore, by order of court in

consideration of the long, good and faithful service done by you,

Captain George Yeardley, in our said Colony and plantation of Virginia,

and in reward there of as also in regard of two single shares in money

paid into our treasury, granted unto you, the said Captain Yeardley, all

that parcel of marsh ground called Weynock and also one other peice and

percel of land adjoining to the same marsh called by the Natives

_Konwan_, one parcel whereof abutteth upon a creek there called Mapscock

towards the east, and the other parcel thereof towards a creek there

called Queens Creek on the west and extendeth in breadth to landward

from the head of the said creek called Mapscock up to the head of the

said creek called Queens Creek (which creek called Queens Creek is

opposite to that point there which is now called the Tobacco point and

abutteth south upon the River and north to the Landward), all which

several lands are or shall be henceforward accounted to be lying within

the territory of the said Charles City and exceed not the quantity of

two thousand and two hundred acres, we therefore, the said Treasurer and

Company, do hereby again grant, ratifie and confirm unto you, the said

Captain George Yeardley, the said several grounds and lands; to have and

to hold the said grounds and lands to you, the said Captain George

Yeardley, your heirs and assigns, for ever. And for the better

encouragement of all sorts of necessary and laudable trades to be set up

and exercised within the said four cities burroughs, we do hereby ordain

that if any artizans or trademen shall be desirous rather to follow his

particular art or trade then to be imploied in husbandry or other rural

business, it shall be lawful for you, the said Governor and Councel, to

alot and set out within any of the precincts aforesaid one dwelling

house with four acres of land adjoining and held in fee simple to every

said tradsman, his heirs and assigns for ever, upon condition that the

said tradesman, his heirs and assigns do continue and exercise his trade

in the said house paying only a free rent of four pence by the year to

us, the said Treasurer and Company and our successors, at the feast of

St Michael the Archangel, for ever. And touching all other particular

plantations set out or like to be set out in convenient multitudes,

either by divers of the ancient adventurers associating themselves

together (as the Society of Smiths Hundred and Martins Hundred) or by

some ancient adventurer or planter associating others unto him (as the

plantation of Captain Samuel Argall and Captain John Martin and that by

the late Lord La Warre advanced) or by some new adventurers joining

themselves under one head (as the plantation of Christopher Lawne,

Gentleman, and others now in providing), our intent being according to

the rules of justice and good government to alot unto every one his due

yet so as neither to breed disturbance to the right of others nor to

interrupt the good form of government intended for the benefit of the

people and strength of the Colony; we do therefore will and ordain that

of the said particular plantations none be placed within five miles of

the said former cities and boroughs, and that if any man, out of his own

presumption or pleasure without special direction from us, hath

heretofore done otherwise a convenient time be assigned him and then by

your discretions to remove to some farther place by themselves, to be

chosen with the allowance and assent of the Governor for the time being

and the Council of Estate; and that the inhabitants of the said city or

burrough too near unto which he or they were placed make him and them a

valuable recompense for their charges and expence of time in freeing of

grounds and building within those precincts; in like sort, we ordain

that no latter particular plantation shall at any time hereafter be

seated within ten miles of a former; we also will and ordain that no

particular plantation be or shall be placed straglingly in divers places

to the weakening of them, but be united together in one seat and

territory that so also they may be incorporated by us into one body

corporate and live under equal and like law and orders with the rest of

the Colony; we will and ordain also for the preventing of all fraud in

abusing of our grants, contrary to the intent and just meaning of them,

that all such person or persons as have procured or hereafter shall

procure grants from us in general words unto themselves and their

associates or to like effect shall within one year after the date hereof

deliver up to us in writing, under their hands and seals, as also unto

you, the said Governor and Councel, what be or were the names of those

their first associates; and if they be of the adventurers of us, the

Company which have paid into our treasury money for their shares, that

then they express in that their writing for how many shares they join in

the said particular plantation, to the end a due proportion of land may

be set out unto them and we the said Treasurer and Company be not

defrauded of our due; and if they be not of the adventurers of the

Company which have paid into our treasury money for their shares, yet

are gone to inhabit there and so continue for three years, there be

allotted and set out fifty acres of land for every such person paying a

free rent of twelve pence the year, in manner aforesaid, and all such

persons having been planted there since the coming away of Sir Thomas

Dale; and forasmuch as we understand that certain persons, having

procured such grants in general words to themselves and their associates

or to like effect, have corruptly of late endeavoured for gain and worse

respects to draw many of the ancient planters of the said four cities or

burroughs to take grants also of them and thereby to become associated

unto them with intent also by such means to overstrengthen their party;

and thereupon have adventured on divers enormous courses tending to the

great hurt and hindrance of the Colony; yea, and have also made grants

of like association to masters of ships and mariners never intending

there to inhabit, thereby to defraud His Majesty of the customs due unto

him; we, to remedy and prevent such unlawful and greedy courses tending

also directly to faction and sedition, do hereby ordain that it shall

not be lawful for the grantees of such grants to associate to any other

unto them then such as were their associates from the first time of the

said grants, without express licence of us, the said Treasurer and

Company, in a great general and quarter court under our seal obtained;

and that all such after or under grants of association made or to be

made by the said grantees shall be to all intents and purposes utterly

void. And for as much as we understand that divers particular persons

(not members of our Company), with their companies, have provided or are

in providing to remove into Virginia with intent (as appeareth) by way

of association to shroud themselves under the general grants last

aforesaid, which may tend to the great disorder of our Colony and

hinderance of the good government which we desire to establish, we do

therefore hereby ordain that all such persons as of their own voluntary

will and authority shall remove into Virginia, without any grant from us

in a great general and quarter court in writing under our seal, shall be

deemed (as they are) to be occupiers of our land, that is to say, of the

common lands of us, the said Treasurer and Company; and shall yearly pay

unto us for the said occupying of our land one full fourth part of the

profits thereof till such time as the same shall be granted unto them by

us in manner aforesaid, and touching all such as being members of our

Company and adventurers by their monies paid into our treasury, shall

either in their own person or by their agents, tennants or servants set

up in Virginia any such particular plantation, tho with the privity of

us, the said Treasurer and Company, yet without any grant in writing

made in our said general quarter courts as is requisite, we will and

ordain that the said adventurers or planters shall, within two year

after the arrival of them or their company in Virginia, procure our

grant in writing to be made, in our general quarter court and under our

seal, of the lands by them possessed or occupied, or from thenceforth

shall be deemed only occupiers of the common land, as is aforesaid, till

such times as our said grant shall be obtained. We also not more

intending the reformation of the errors of the said [24] than for

advancing of them into good courses and therein to assist them by all

good means, we further hereby ordain that to all such of the said

particular [24] as shall truly fully observe the orders afore and

hereafter specified there be alotted and set out, over and above our

former grants, one hundred acres of glebe land for the Minister of every

[24] and fifteen hundred acres of burough land for the public use of the

said plantation; not intending yet hereby either to abridge or enlarge

such grant of glebe or common land as shall be made in any of our grants

in writing to any of the said particular plantations; we also will and

ordain that the like proportion of maintenance out of the [24] and

profits of the earth be made for the several ministers of the said

particular plantations as have been before set down for the Ministers of

the said former cities and burroughs; we will and ordain that the

Governor for the time being and the said Council of Estate do justly

perform or cause to be performed all such grants, covenants and articles

as have or shall be in writing in our great and general quarter courts

to any of the said particular plantations, declaring all other grants of

lands in Virginia, not made in one of our great and general quarter

courts, by force of His Majesties letters patents to be void. And to the

end aforesaid we will and ordain that all our grants in writing under

our seal, made in our great and general quarter courts, be entered into

your records to be kept there in Virginia; yet directly forbiding that a

charter of land granted to Captain Samuel Argal and his associates,

bearing date the twentieth of March, 1616, be entered in your records or

otherwise at all respected, forasmuch as the same was obtained by slight

and cunning; and afterwards upon suffering him to go Governor of

Virginia was by his own voluntary act left in our custody to be

cancelled upon grant of a new charter which [24] We do also hereby

declare that heretofore in one of our said general and quarter courts we

have ordained and enacted and in this present court have ratified and

confirmed these orders and laws following: that all grants of lands,

privileges and liberties in Virginia hereafter to be made, be passed by

indenture, a counterpart whereof to be sealed by the grantees and to be

kept [25] the Companies [25] evidences; and that the Secretary of

the Company have the engrossing of all such indentures; that no patents

or indentures of grants of land in Virginia be made and sealed but in a

full, general and quarter court, the same having been first thoroughly

perused and approved under the hands of a select committee for that

purpose [25] that all grants of [25] in Virginia to such

adventurers as have heretofore brought in their money here to the

treasury for their several shares, being of twelve pounds ten shillings

the share, be of one hundred acres the share upon the first division and

of as many more upon a second division, when the land of the first

division shall be sufficiently peopled; and for every person which they

shall transport thither within seven years after Midsummer Day, one

thousand six hundred and eighteen, if he continue there three years or

dye in the mean time after he is shiped it be of fifty acres the person

upon the first division and fifty more upon a second division, the land

of the first being sufficiently peopled, without paying any rent to the

Company for the one or the other; and that in all such grants the names

of the said adventurers and the several number of each of their shares

be expressed; provided alwaies, and it is ordained, that if the said

adventurers or any of them do not truly and effectually, with one year

next after the sealing of the said grant, pay and discharge all such

sums of money wherein by subscription (or otherwise upon notice thereof

given from the auditors) they stand indebted to the Company, or if the

said adventurers, or any of them having not lawful right, either by

purchase from the Company or by assignment from some other former

adventurers, within one year after the said grant or by special gift of

the Company upon merit preceding in a full quarter court, to so many

shares as he or they pretend, do not within one year after the said

grant, satisfie and pay to the said Treasurer and Company for every

share so wanting after the rate of twelve pounds ten shillings the

share, that then the said grant for so much as concerneth the [25]

part and all the shares of the said person so behind and not satisfying

as aforesaid shall be utterly void; provided also, and it is ordained,

that the grantees shall from time to time during the said seven years

make a true certificate to the said Treasurer, Councel and Company from

the chief officer or officers of the places respectively, of the number,

names, ages, sex, trades and conditions of every such person so

transported or shiped, to be entered by the Secretary into a register

book for that purpose to be made; that for all persons not comprised in

the order next before which during the next seven years after Midsummer

day, 1618, shall go into Virginia with intent there to inhabite, if they

continue there three years or dye after they are shiped there shall be a

grant made of fifty acres for every person upon a first division and as

many more upon a second division (the first being peopled), which grants

to be made respectively to such persons and their heirs at whose charges

the said persons going to inhabite in Virginia shall be transported with

reservation of twelve pence yearly rent for every fifty acres to be

answered to the said Treasurer and Company and their successors for

ever, after the first seven years of every such grant; in which grants a

provisoe to be inserted that the grantees shall from time to time during

the said seven years make a true certificate to the said Treasurer,

Councel and Company, from the chief officer or officers of places

respectively, of the number, names, ages, sex, trades and conditions of

every such person so transported or shiped, to be entred by the

Secretary into a register book for that purpose to be made; that all

grants as well of one sort as the other respectively be made with equal

favours, and grants of like liberties and immunities as near as may be

to the end that all complaint of partiality [or] differencie may be

prevented. All which said orders we hereby will and ordain to be firmly

and unvoilably kept and observed and that the inhabitants of Virginia

have notice of them for their use and benefit. Lastly, we do hereby

require and authorize you, the said Captain George Yeardley and the said

Council of Etats, associating with you such other as you shall there

find meet, to survey or cause to be survey'd all the lands and

territories in Virginia above mentioned and the same to set out by

bounds and metes, especially so as that the territories of the said

several cities and buroughs and other particular plantations may be

conveniently divided and known the one from the other; each survey to be

set down distinctly in writing and returned to us under your hands and

seals. In witness whereof we have hereunto set our common seal, given in

a great and general court of the Council and Company of Adventurers of

Virginia held the eighteenth day of November, 1618; and in the years of

the reign of our soverain Lord James, by the grace of God, King of

England, Scotland, France and Ireland, Defender of the Faith, &c., Vizt.

of England, France and Ireland the sixteenth and of Scotland the two and

fiftieth. Novr. 18, 1618.

Kingsbury, Vol. III, pp. 98-109.

[Footnote 24: Blank space.]

[Footnote 25: Blank space.]

VIRGINIA COMPANY. INSTRUCTIONS TO

THE GOVERNOR AND COUNCIL OF STATE

IN VIRGINIA

The Three Charters of the Virginia Company of London With Seven Related Documents; 1606-1621 · 第 24 / 27 题