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