Chapter III: Part 3

Henrie, Earl of Southampton
William, Earl of Pembrooke
Henrie, Earl of Lincoln
Thomas, Earl of Exeter
Roberte, Lord Viscounte Lisle
Lord Theophilus Howard
James, Lord Bishopp of Bathe and Wells
Edward, Lord Zouche
Thomas, Lord Laware
William, Lord Mounteagle
Edmunde, Lord Sheffeilde
Grey, Lord Shanndoys [Chandois][17]
John, Lord Stanhope
George, Lord Carew
Sir Humfrey Welde, Lord Mayor of London
Sir Edward Cecil
Sir William Waad [Wade]
Sir Henrie Nevill
Sir Thomas Smith
Sir Oliver Cromwell
Sir Peter Manwood
Sir Thomas Challoner
Sir Henrie Hovarte [Hobart]
Sir Franncis Bacon
Sir George Coppin
Sir John Scott
Sir Henrie Carey
Sir Roberte Drurie [Drury]
Sir Horatio Vere
Sir Eward Conwaye [Conway]
Sir Maurice Berkeley [Barkeley]
Sir Thomas Gates
Sir Michaele Sands [Sandys]
Sir Roberte Mansfeild [Mansel]
Sir John Trevor
Sir Amyas Preston
Sir William Godolphin
Sir Walter Cope
Sir Robert Killigrewe
Sir Henrie Faushawe [Fanshaw]
Sir Edwyn Sandes [Sandys]
Sir John Watts
Sir Henrie Montague
Sir William Romney
Sir Thomas Roe
Sir Baptiste Hicks
Sir Richard Williamson
Sir Stephen Powle [Poole]
Sir Dudley Diggs
Christopher Brooke, [Esq.]
John Eldred, and
John Wolstenholme

shalbe oure Counsell for the said Companie of Adventurers and Planters in Virginia.

[Footnote 17: All names in brackets are taken from the text
in Stith.]

And the said Sir Thomas Smith wee ordaine to be Tresorer of the said Companie, which Tresorer shall have aucthoritie to give order for the warninge of the Counsell and sommoninge the Companie to their courts and meetings.

And the said Counsell and Tresorer or anie of them shalbe from henceforth nominated, chosen, contynued, displaced, chaunged, altered and supplied, as death or other severall occasions shall require, out of the Companie of the said adventurers by the voice of the greater parte of the said Counsell and adventurers in their assemblie for that purpose; provided alwaies that everie Councellor so newlie elected shalbe presented to the Lord Channcellor of England, or to the Lord Highe Treasurer of England, or the Lord Chambleyne of the housholde of us, oure heires and successors, for the tyme beinge to take his oathe of a Counsellor to us, oure heires and successors, for the said Companie and Collonie in Virginia.

And wee doe by theis presents, of oure especiall grace, certaine knowledge and meere motion, for us, oure heires and successors, grannte unto the said Tresorer and Companie and their successors, that if it happen at anie time or times the Tresorer for the tyme beinge to be sick, or to have anie such cause of absente from the cittie of London as shalbe allowed by the said Counsell or the greater parte of them assembled, so as he cannot attende the affaires of that Companie, in everie such case it shall and maie be lawfull for such Tresorer for the tyme beinge to assigne, constitute and appointe one of the Counsell for Companie to be likewise allowed by the Counsell or the greater parte of them assembled to be the deputie Tresorer for the said Companie; which Deputie shall have power to doe and execute all things which belonge to the said Tresorer duringe such tyme as such Tresorer shalbe sick or otherwise absent, upon cause allowed of by the said Counsell or the major parte of them as aforesaid, so fullie and wholie and in as large and ample manner and forme and to all intents and purposes as the said Tresorer if he were present himselfe maie or might doe and execute the same.

And further of oure especiall grace, certaine knowledge and meere mocion, for us, oure heires and successors, wee doe by theis presents give and grannt full power and aucthoritie to oure said Counsell here resident aswell at this present tyme as hereafter, from time to time, to nominate, make, constitute, ordaine and confirme by such name or names, stile or stiles as to them shall seeme good, and likewise to revoke, dischardge, channge and alter aswell all and singuler governors, oficers and ministers which alreadie hath ben made, as also which hereafter shalbe by them thought fitt and meedefull to be made or used for the government of the said Colonie and plantacion.

And also to make, ordaine and establishe all manner of orders, lawes, directions, instructions, formes and ceremonies of government and magistracie, fitt and necessarie, for and concerninge the government of the said Colonie and plantacion; and the same att all tymes hereafter to abrogate, revoke or chaunge, not onely within the precincts of the said Colonie but also upon the seas in goeing and cominge to and from the said Collonie, as they in their good discrecions shall thinke to be fittest for [the] good of the adventurers and inhabiters there.

And we doe also declare that for divers reasons and consideracions us thereunto especiallie moving, oure will and pleasure is and wee doe hereby ordaine that imediatlie from and after such time as anie such governour or principall officer so to be nominated and appointed by oure said Counsell for the governement of the said Colonie, as aforesaid, shall arive in Virginia and give notice unto the Collonie there resident of oure pleasure in this behalfe, the government, power and aucthority of the President and Counsell, heretofore by oure former lettres patents there established, and all lawes and constitucions by them formerlie made, shall utterly cease and be determined; and all officers, governours and ministers formerly constituted or appointed shalbe dischardged, anie thinge in oure said former lettres patents conserninge the said plantacion contayned in aniewise to the contrarie notwithstandinge; streightlie chardginge and commaundinge the President and Counsell nowe resident in the said Collonie upon their alleadgiance after knowledge given unto them of oure will and pleasure by theis presentes signified and declared, that they forth with be obedient to such governor or governers as by oure said Counsell here resident shalbe named and appointed as aforesaid; and to all direccions, orders and commandements which they shall receive from them, aswell in the present resigninge and giveinge upp of their aucthoritie, offices, chardg and places, as in all other attendannce as shalbe by them from time to time required.

And wee doe further by theis presentes ordaine and establishe that the said Tresorer and Counsell here resident, and their successors or anie fower of them assembled (the Tresorer beinge one), shall from time to time have full power and aucthoritie to admitt and receive anie other person into their companie, corporacion and freedome; and further, in a generall assemblie of the adventurers, with the consent of the greater parte upon good cause, to disfranchise and putt oute anie person or persons oute of the said fredome and Companie.

And wee doe also grannt and confirme for us, oure heires and successors that it shalbe lawfull for the said Tresorer and Companie and their successors, by direccion of the Governors there, to digg and to serche for all manner of mynes of goulde, silver, copper, iron, leade, tinne and other mineralls aswell within the precincts aforesaid as within anie parte of the maine lande not formerly graunted to anie other; and to have and enjoye the gould, silver, copper, iron, leade, and tinn, and all other mineralls to be gotten thereby, to the use and behoofe of the said Companie of Planters and Adventurers, yeldinge therefore and payinge yerelie unto us, oure heires and successors, as aforesaid.

And wee doe further of oure speciall grace, certaine knowledge and meere motion, for us, oure heires and successors, grannt, by theis presents to and withe the said Tresorer and Companie and their successors, that it shalbe lawfull and free for them and their assignes at all and everie time and times here after, oute of oure realme of England and oute of all other [our] dominions, to take and leade into the said voyage, and for and towards the said plantacion, and to travell thitherwards and to abide and inhabite therein the said Colonie and plantacion, all such and so manie of oure lovinge subjects, or anie other straungers that wilbecomme oure lovinge subjects and live under oure allegiance, as shall willinglie accompanie them in the said voyadge and plantation with sufficient shippinge, armour, weapons, ordinannce, municion, powder, shott, victualls, and such merchaundize or wares as are esteemed by the wilde people in those parts, clothinge, implements, furnitures, catle, horses and mares, and all other thinges necessarie for the said plantation and for their use and defence and trade with the people there, and in passinge and retourninge to and from without yeldinge or payinge subsedie, custome, imposicion, or anie other taxe or duties to us, oure heires or successors, for the space of seaven yeares from the date of theis presents; provided, that none of the said persons be such as shalbe hereafter by speciall name restrained by us, oure heires or successors.

And for their further encouragement, of oure speciall grace and favour, wee doe by theis present for us, oure heires and successors, yeild and graunte to and with the said Tresorer and Companie and their successors and everie of them, their factors and assignes, that they and every of them shalbe free and quiett of all subsedies and customes in Virginia for the space of one and twentie yeres, and from all taxes and imposicions for ever, upon anie goods or merchaundizes at anie time or times hereafter, either upon importation thither or exportation from thence into oure realme of England or into anie other of oure [realms or] dominions, by the said Tresorer and Companie and their successors, their deputies, factors [or] assignes or anie of them, except onlie the five pound per centum due for custome upon all such good and merchanndizes as shalbe brought or imported into oure realme of England or anie other of theis oure dominions accordinge to the auncient trade of merchannts, which five poundes per centum onely beinge paid, it shalbe thensforth lawfull and free for the said Adventurers the same goods [and] merchaundizes to export and carrie oute of oure said dominions into forraine partes without anie custome, taxe or other duty to be paide to us, oure heires or successors or to anie other oure officers or deputies; provided, that the saide goods and merchaundizes be shipped out within thirteene monethes after their first landinge within anie parte of those dominions.

And wee doe also confirme and grannt to the said Tresorer and Companie, and their successors, as also to all and everie such governer or other officers and ministers as by oure said Counsell shalbe appointed, to have power and aucthoritie of governement and commannd in or over the said Colonie or plantacion; that they and everie of them shall and lawfullie maie from tyme to tyme and at all tymes forever hereafter, for their severall defence and safetie, enconnter, expulse, repell and resist by force and armes, aswell by sea as by land, and all waies and meanes whatsoever, all and everie such person and persons whatsoever as without the speciall licens of the said Tresorer and Companie and their successors shall attempte to inhabite within the said severall precincts and lymitts of the said Colonie and plantacion; and also, all and everie such person and persons whatsoever as shall enterprise, or attempte at anie time hereafter, destruccion, invasion, hurte, detriment or annoyannce to the said Collonye and plantacion, as is likewise specified in the said former grannte.

And that it shalbe lawful for the said Tresorer and Companie, and their successors and everie of them, from time to time and at all times hereafter, and they shall have full power and aucthoritie, to take and surprise by all waies and meanes whatsoever all and everie person and persons whatsoever, with their shippes, goods and other furniture, traffiquinge in anie harbor, creeke or place within the limitts or precincts of the said Colonie and plantacion, [not] beinge[18] allowed by the said Companie to be adventurers or planters of the said Colonie, untill such time as they beinge of anie realmes or dominions under oure obedience shall paie or agree to paie, to the hands of the Tresorer or [of] some other officer deputed by the said governors in Virginia (over and above such subsedie and custome as the said Companie is or here after shalbe to paie) five poundes per centum upon all goods and merchaundizes soe brought in thither, and also five per centum upon all goods by them shipped oute from thence; and being straungers and not under oure obedience untill they have payed (over and above such subsedie and custome as the same Tresorer and Companie and their successors is or hereafter shalbe to paie) tenn pounds per centum upon all such goods, likewise carried in and oute, any thinge in the former lettres patents to the contrarie not withstandinge; and the same sommes of monie and benefitt as aforesaid for and duringe the space of one and twentie yeares shalbe wholie imploied to the benefitt and behoof of the said Colonie and plantacion; and after the saide one and twentie yeares ended, the same shalbe taken to the use of us, oure heires or successors, by such officer and minister as by us, oure heires or successors, shalbe thereunto assigned and appointed, as is specified in the said former lettres patents.

[Footnote 18: Stith's footnote: "It is _and being_ in the
original; but the sense carried me so clearly to it, that I
ventured to make this correction, letting the reader at the
same time know it."]

Also wee doe, for us, oure heires and successors, declare by theis presents, that all and everie the persons beinge oure subjects which shall goe and inhabit within the said Colonye and plantacion, and everie of their children and posteritie which shall happen to be borne within [any] the lymitts thereof, shall have [and] enjoye all liberties, franchesies and immunities of free denizens and naturall subjects within anie of oure other dominions to all intents and purposes as if they had bine abidinge and borne within this oure kingdome of England or in anie other of oure dominions.

And forasmuch as it shalbe necessarie for all such our lovinge subjects as shall inhabitt within the said precincts of Virginia aforesaid to determine to live togither in the feare and true woorshipp of Almightie God, Christian peace and civill quietnes, each with other, whereby everie one maie with more safety, pleasure and profitt enjoye that where unto they shall attaine with great paine and perill, wee, for us, oure heires and successors, are likewise pleased and contented and by theis presents doe give and graunte unto the said Tresorer and Companie and their successors and to such governors, officers and ministers as shalbe, by oure said Councell, constituted and appointed, accordinge to the natures and lymitts of their offices and places respectively, that they shall and maie from time to time for ever hereafter, within the said precincts of Virginia or in the waie by the seas thither and from thence, have full and absolute power and aucthority to correct, punishe, pardon, governe and rule all such the subjects of us, oure heires and successors as shall from time to time adventure themselves in anie voiadge thither or that shall at anie tyme hereafter inhabitt in the precincts and territorie of the said Colonie as aforesaid, accordinge to such order, ordinaunces, constitution, directions and instruccions as by oure said Counsell, as aforesaid, shalbe established; and in defect thereof, in case of necessitie according to the good discretions of the said governours and officers respectively, aswell in cases capitall and criminall as civill, both marine and other, so alwaies as the said statuts, ordinannces and proceedinges as neere as convenientlie maie be, be agreable to the lawes, statutes, government and pollicie of this oure realme of England.

And we doe further of oure speciall grace, certeine knowledge and mere mocion, grant, declare and ordaine that such principall governour as from time to time shall dulie and lawfullie be aucthorised and appointed, in manner and forme in theis presents heretofore expressed, shall [have] full power and aucthoritie to use and exercise marshall lawe in cases of rebellion or mutiny in as large and ample manner as oure leiutenant in oure counties within oure realme of England have or ought to have by force of their comissions of lieutenancy.

And furthermore, if anie person or persons, adventurers or planters, of the said Colonie, or anie other at anie time or times hereafter, shall transporte anie monyes, goods or marchaundizes oute of anie [of] oure kingdomes with a pretence or purpose to lande, sell or otherwise dispose the same within the lymitts and bounds of the said Collonie, and yet nevertheles beinge at sea or after he hath landed within anie part of the said Colonie shall carrie the same into anie other forraine Countrie, with a purpose there to sell and dispose there of that, then all the goods and chattels of the said person or persons so offendinge and transported, together with the shipp or vessell wherein such transportacion was made, shalbe forfeited to us, oure heires and successors.

And further, oure will and pleasure is, that in all questions and doubts that shall arrise upon anie difficultie of construccion or interpretacion of anie thinge contained either in this or in oure said former lettres patents, the same shalbe taken and interpreted in most ample and beneficiall manner for the said Tresorer and Companie and their successors and everie member there of.

And further, wee doe by theis presents ratifie and confirme unto the said Tresorer and Companie and their successors all privuleges, franchesies, liberties and immunties graunted in oure said former lettres patents and not in theis oure lettres patents revoked, altered, channged or abridged.

And finallie, oure will and pleasure is and wee doe further hereby for us, oure heires and successors grannte and agree, to and with the said Tresorer and Companie and their successors, that all and singuler person and persons which shall at anie time or times hereafter adventure anie somme or sommes of money in and towards the said plantacion of the said Colonie in Virginia and shalbe admitted by the said Counsell and Companie as adventurers of the said Colonie, in forme aforesaid, and shalbe enrolled in the booke or record of the adventurers of the said Companye, shall and maie be accompted, accepted, taken, helde and reputed Adventurers of the said Collonie and shall and maie enjoye all and singuler grannts, priviledges, liberties, benefitts, profitts, commodities [and immunities], advantages and emoluments whatsoever as fullie, largely, amplie and absolutely as if they and everie of them had ben precisely, plainely, singulerly and distinctly named and inserted in theis oure lettres patents.

And lastely, because the principall effect which wee cann desier or expect of this action is the conversion and reduccion of the people in those partes unto the true worshipp of God and Christian religion, in which respect wee would be lothe that anie person should be permitted to passe that wee suspected to affect the superstitions of the Churche of Rome, wee doe hereby declare that it is oure will and pleasure that none be permitted to passe in anie voiadge from time to time to be made into the saide countrie but such as firste shall have taken the oath of supremacie, for which purpose wee doe by theise presents give full power and aucthoritie to the Tresorer for the time beinge, and anie three of the Counsell, to tender and exhibite the said oath to all such persons as shall at anie time be sent and imploied in the said voiadge.

Although expresse mention [of the true yearly value or certainty of the premises, or any of them, or of any other gifts or grants, by us or any of our progenitors or predecessors, to the aforesaid Treasurer and Company heretofore made, in these presents is not made; or any act, statute, ordinance, provision, proclamation, or restraint, to the contrary hereof had, made, ordained, or provided, or any other thing, cause, or matter, whatsoever, in any wise notwithstanding.] In witnes whereof [we have caused these our letters to be made patent. Witness ourself at Westminster, the 23d day of May (1609) in the seventh year of our reign of England, France, and Ireland, and of Scotland the ****]

Per ipsum Regem exactum.

P. R. O. Chancery Patent Rolls (c. 66), 1796, 5; Stith, Appendix, pp. 8-22; Hening, Vol. I, pp. 80-98.

VIRGINIA COUNCIL. "INSTRUCCIONS
ORDERS AND CONSTITUCIONS ...
TO SR THOMAS GATES KNIGHT GOVERNOR
OF VIRGINIA"

MAY, 1609

Instructions, orders and constitucions by way of advise sett
downe, declared and propounded to Sir Thomas Gates, Knight,
Governor of Virginia and of the Colony there planted and to
be planted, and of all the inhabitants thereof, by us His
Majesties Counsell for the direction of the affaires of that
countrey for his better disposinge and proceedinge in the
government thereof accordinge to the authority and power
given unto us by virtue of His Majesties lettres patents.

1. Havinge considered the greate sufficiency and zealous affection which you, Sir Thomas Gates, have many waies manifested unto us, and havinge therefore by our Commission under our hands and seales constituted and ordained you to be the Governor of Virginia, wee His Majesties Counsell for that plantacion, have consulted and advised uppon divers instructions for your safer and more deliberate proceedinge therein; and therefore doe requier and charge you, accordinge to the Comission in that behalf directed unto you, presently with all convenient speede to take the charge and of our fleete consistinge of eight good shippes and one pinnace and of sixe hundred land men to be transported under your commaund, and with the first winde to sett saile for Virginia. And in your passage thither you shall not land nor touch any of the Kinge of Spaines his Dominions quetly possessed, without the leave or licence of the governor of such place as you shal by accident or contrary windes be forced into. You shall also hold counsell with the masters and pilotts and men of the best experience what way is safest and fittest for you to take, because we hold it daungerous that you should keepe the old course of Dominico and Meins lest you fall into the hand of the Spaniard, who may attend in that roade ready to intercept you:

2. When it shall please God that you have safely attained the Kings River, and our porte and seate of James Towne in Virginia, wee advise you to call by proclamacion into some publique place, all the governors, officers, and other His Majesties subjects aswell already seated there as transported with you, to whom you shall cause your Commission to be directly reade, whereby significacion may be had of His Majesties pleasure in establishinge you the Governor of that countrey and plantacion, and the President, Councell and Colony there may take notice of the revocacion of that fourme of governement by the first lettres patents constituted and confirmed, and accordingly yeald due obedience unto you, their Governor.

3. You shall demaund then and resume into your hands the former lettres pattents and all instruccions & publique instruments given or sent unto them and all bookes and records whatsoever of the generall proceedings untill this time, and dispose of them in the future accordinge to your discrecion.

4. Beinge setled in your government, you shall call unto you, for your further advise and graver proceedinge, their principall officers and gentlemen whom we do ordaine and appointe to be of the Councell and who for earliness of their undertakings and their greate paines and merits doe well deserve this honor & respect from us: Sir George Summers, Knight, and Admirall of Virginia; Captaine John Smith, nowe President; Captaine John Radclif; Captaine Peter Winne, Seirjant Major of the fort; Mr. Mathewe Scrivenor, whom out of our good experience of his abilities in that kinde we doe name and appointe to be Secretary of that Councell; Captaine John Martine; Captaine Richard Waldoe, master of the workes; Captaine Woode; and Mr. Fleetwoode, whom we assure ourselves you will use with all good respecte in their places and to whome wee expecte that you shall give such other preferrements as their former paines have deserved, and in all matters of importance we require you to call them to consultacion and to proceede therein with their advice; and wee doe give further power and authority to you, to give the oathe of Counsellor to such as are now named, or any other oathe in the like case, accordinge to your direccion. Provided that they shall not have, single nor together, anie bindinge or negative voice or power uppon your conclusions but doe give you full authority, uppon just occasion to sequester any of them from the execucion of any place whatsover, and to depute another thereunto untill significacion unto us be here made:

5. You shall have power and authority to dispose and graunte any other officer or commaunds whatsoever, either of governement or warr, except such as are already disposed of by us to any persons of rancke or merite (adventurers beings first regarded), accordinge to your discrecion and so discharge or revoke the same or to sequester any so made or constituted by us.

6. You shall take principall order and care for the true and reverent worship of God that his worde be duely preached and his holy sacraments administred accordinge to the constitucions of the Church of England in all fundamentall pointes, and his ministers had in due observance and respecte agreeable to the dignity of their callinge. And that all atheisme, prophanes, popery, or schisme be exemplarily punished to the honor of God and to the peace and safety of his Church, over which, in this tendernes and infancy, you must be especially solicitous & watchefull.

7. You shall, with all propensenes and diligence, endeavour the conversion of the natives to the knowledge and worship of the true God and their redeemer Christ Jesus, as the most pious and noble end of this plantacion, which the better to effect you must procure from them some convenient nomber of their children to be brought up in your language and manners, and if you finde it convenient, we thinke it reasonable you first remove from them their Iniocasockes or Priestes by a surprise of them all and detaininge them prisoners, for they are so wrapped up in the fogge and miserie of their iniquity and so tirrified with their continuall tirrany, chained under the bond of deathe unto the divell that while they live amounge them to poison and infecte them their mindes, you shall never make any great progres into this glorious worke, nor have any civill peace or concurre with them. And in case of necessity or conveniency, we pronounce it not crueltie nor breache of charity to deale more sharpely with them and to proceede even to dache [death?] with these murtherers of soules and sacrificers of God's images to the divill, referringe the consideracion of this as a waighty matter of important consequence to the circumstances of the busines and place in your discrecion.

8. You shall for capitall and criminal justice in case of rebellion and mutiny and in all such cases of [provident (?)] necessity, proceede by martiall lawe accordinge to your comission as of most dispatch and terror and fittest for this governement; and in all other causes of that nature as also in all matters of civill justice, you shall finde it properest and usefullest for your governement to proceede rather as a chauncelor than as a judge, rather uppon the naturall right and equity then uppon the nicenes and lettre of the lawe which perplexeth in this tender body, rather then dispatcheth all causes so that a summary and arbitrary way of justice discreetely mingled with those gravities and fourmes of magistracy as shall in your discrecion seeme aptest for you and that place, wilbe of most use both for expedicion and for example:

9. You shall for the more regard and respect of your place, to begett reverence to your authority and to refresh their mindes that obey the gravity of those lawes under which they were borne; at your discrecion use such fourmes and ensignes of governement as by our lettres pattents wee are enabled to grant unto you; as also the attendance of a guarde uppon your person, and in all such like cases you shall have power to make, adde or distinguishe any lawes or ordinances at your discrecion accordinge to the authority limited in your comission.

10. You shall, for the choice of plantacions observe two generall rulles: that you rather seeke to the sun then from it, which is under God the first cause both of health and riches; and that such places which you resolve to build and inhabite uppon have at the leaste one good outlett into the sea & fresh water to the land; that it be a dry and wholesome earth and as free from woode as possiblie you may, whereby you may have roome to discover about you and unshady ground to plant nere you.

11. You must in every plantacion principally provide of your owne a common graunge and storehowse of corne, besides that which you will obtaine by tribute or trade with the natives.

12. In the distribucion of your men accordinge to these advises and relacions which wee have receaved, we advise you to continue the plantacion at James Towne with a convenient nomber of men, but not as your situacion or citty, because the place is unwholsome and but in the marish of Virginia, and to keepe it onely as a fitt porte for your shippes to ride before to arive and unlade att; butt neither shall you make it your principall storehowse or magazin either of armes, victualls or goods, but because it is so accessable with shippinge that an enemy may be easily uppon you with all the provision of ordinance and municion and it is not to be expected that anie fortificacion there can endure an enemy that hath the leasure to sitt downe before it.

13. The place you chose for your principall residence and seate to have your catle, provisions of corne, foode, and magazin of other municion in, as your greatest strength, trust and retraite, must be removed some good distance from any navigable river, except with small boates, by which no enemy shall dare to seeke your habitacion; and if in this place some good fortificacion be made to which no ordinance can be brought by water, if you be provided of victuall, you may dispute possession till a straunger be wearied and starved.

14. Above the over falles of the Kinges River it is likely you shall finde some convenient place to this purpose whither no enemy with ease can approache nor with ordinance at all but by land, with at howe greate disadvauntage he shall seeke when he must discover and fight at once uppon straightes, in woodes, at foordes, and places of all inconveniency, is easy to be considered; besides, you shall have the commodity of the braunche of the river to bringe downe your provisions from within the land in canooes and smalle boates in the River of Chechehounnack, neere unto you and not farre of another navagable outlett into the sea by the River of Pamaouke.

15. Foure dayes journey from your forte southewards is a towne called Ohonahorn seated where the River of Choanocki devideth it self into three braunches and falleth into the sea of Rawnocke in thirtie five degrees; this place, if you seeke by Indian guides from James forte to Winocke by water, from thence to Manqueocke, some twenty miles from thence to Caththega, as much and from thence to Oconahoen, you shall finde a brave and fruiteful seate every way unaccessable by a straunger enemy, much more abundant in pochon and in the grasse silke called Cour del Cherva and in vines, then any parte of this land knowne unto us. Here we suppose, if you make your principall and cheife seate, you shall doe most safely and richely because you are in the part of the land inclined to the southe, and two of the best rivers will supply you; besides you are neere to riche copper mines of Ritanoc and may passe them by one braunche of this river, and by another, Peccarecamicke, where you shall finde foure of the Englishe alive, left by Sir Walter Rawely, which escaped from the slaughter of Powhaton of Roanocke, uppon the first arrivall of our Colonie, and live under the proteccion of a wiroane called Gepanocon, enemy to Powhaton by whose consent you shall never recover them; one of these were worth much labour, and if you finde them not, yet seach [search?] into this countrey, it is more probable then towards the north.

16. These three habitations seeme enoughe for the nomber of the people nowe transported, over every one of which you must appointe a discreete commaunder that shall sett your men to severall workes accordinge to their undertakings in the bookes by which they were receaved; in every one of these there must be builte a church and a storehowse and a parte of land sett out for corne for the publique and some allotted to the care of manuringe and preparinge thereof. In buildinge your towns you shall as easily keepe decorous and order as confusion; and so you shall prepare for ornament and safety at once, for every streete may answere one another and all of them the markett place or storehowse in the midle which at the leaste must be paved and made firme and dry.

17. Your enemies can be but of two sortes, straungers and natives; for the first, your defence must be uppon advauntage of the place and way unto it, for fortes have no other use but that a fewe men may defend and dispute their footinge with them against a greater nomber and to winne time which, if you can do, a stranger cannot longe abide where he must bringe all his releis [relief?] with him, and he shall have no way to beseidge you but by blockinge you in and plantinge between you and the sea, to which if you have two outeletts he must be very able and powerfull that can do it; to prevent this you shall build some small forte that may discry the sea neere Cape Comforte, and there hold a reasonable garrison and keepe alwaies watch and longe boate that may be ready to take the alarum and able to cary away our men, and munition if you shall not be able to defend it. Besides it is not safe to lett any of the savages dwell betwene you and the sea least they be made guides to your enemies. To this commaunde wee desire Captaine Smith may be allotted aswell for his earnest desire as the greate confidence & trust that we have in his care & diligence.

18. The second enemy is the natives who can no way hurte you but by fire or by destroyinge your catle, or hinderinge your workes by stealth or your passages in small nombers; and in this sorte of warr there is most perill if you be not very carefull, for if they may destroy but one harvest or burne your townes in the night they will leave you naked and exposed to famine and cold, and convey themselves into wodes where revenge wilbe as difficult as unnecessary; to prevent that you must keepe good watches in the fielde and suffer none of them to come nere your corne in those daungerous seasons; and continuall centinells without the walles or uttermost defences in the night; and you must give order that your catle be kept in heards waited and attended on by some small watch or so enclosed by them selves that they destroy not your corne and other seed provisions.

19. For Powhaton and his Weroances it is clere even to reason beside our experience that he loved not our neighbourhood and therefore you may no way trust him, but if you finde it not best to make him your prisoner yet you must make him your tributary, and all other his weroances about him first to acknowledge no other lord but Kinge James, and so we shall free them all from the tirrany of Powhaton ... uppon them. Every lord of a province shall pay you and send you into your forte where you make your cheif residence so many measures of corne at every harvest, soe many basketts of dye, so many dozens of skins, so many of his people to worke weekely, and of every thinge somewhat, accordinge to his proporcion in greatenes of territory and men; by which meanes you shall quietly drawe to your selves an annuall revenue of every commodity growinge in that countrey and this tribute payd to you, for which you shall deliver them from the exeacions of Powhaton which are now burdensome, and protect and defend them from all their enemies; shall also be a meanes of clearinge much ground of wood and of reducing them to laboure and trade seinge for this rent onely they shall enjoye their howses, and the rest of their travell quietly and many other commodities and blessings of which they are yet insensible.

20. If you hope to winne them and to provide for your selves by trade you wilbe deceaved, for already your copper is embased by your abundance and neglect of prisinge it and they will never feede you but for feare. Wherefore, if you perceave that they, uppon your landinge, fly up into the countrey and forsake their habitacion, you must seise into your custody half there corne and harvest and their Weroances and all other their knowne successors at once whom, if you intreate well and educate those which are younge and to succeede in the governement in your manners and religion, their people will easily obey you and become in time civill and Christian.

21. If you make freindship with any of these nations, as you must doe, choose to doe it with those that are farthest from you and enemies unto those amonge whom you dwell, for you shall have least occasion to have differences with them and by that meanes a suerer league of amity, and you shalbe suer of their trade partely for covetousnes and to serve their owne ends, where the copper is yett in his primary estimacion which Pohaton hath hitherto engrossed and partely for feare of constrainte. Monocon, to the east and head of our river, Powhatons enemy; and the Manahockes, to the northeast to the head of the River of Moyompo in the necke of the land to the west betweene our bay and the sea; Cathcatapeius, a greater Weroance then he is, also his enemy to the Southeast and South--he hath no freinde to the north; the Masawoymekes make continuall incursions uppon him and uppon all those that inhabite the Rivers of Bolus and Myomps and to the northwest; Pocoughtuwonough infecteth him with a terrible warr. With those you may hold trade and freindeship good cheape for their emotenes [remoteness?] will prevent all offence which must needes happen betweene us and them which we are mingled with to the North. At the head bay is a large towne where is store of copper and furres called Cataaneon that trade and discovery wilbe to greate purpose, if it may be setled yearely.

22. Such trade as you shall finde necessary or profitable for you with the Indians you shall endeavour to drawe them to seeke of you and to bringe their commodities into your forte, which will greatly ease the imployment of many men, and this you may bringe to passe by seeminge to make litle estimacion of trade with them and by pretendinge to be so able to consist within your selves as that you neede care for nothinge of theires, but rather that you doe them a curtesy to spare such necessaries as they want as leetle iron tooles, or copper, or the like such as are convenient for traffique; and so one officer or two in every forte, whom you must onely appointe to be truncmasters, may dispatch the whole busines of trade which els will cost you many mens laboures if you seeke it far from home. And besides these you must, by proclamacion or edicte publiquely affixed, prohibite and forbidd uppon paine or punishement of your discrecion all other persons to trade or exchange for anythinge but such as shalbe necessarie for foode or clothinge; and uppon all such commodities of yours as shall passe away from you whatsoever, you must sett prises and values under which the trunckemaster must not trade, and so you shalbe such to uphold the reputacion of your commodity and to make your traffique rich, desired and certaine; over this truncemaster there must be appointed a cape merchant or officer belonginge to the store or provision house that must deliver by booke all such things as shalbe allowed for trade and receave and take an accounte of whatsover is retourned, accordinge to the prises therein sett, and so beinge booked must store them up, to the publique use of the colony.

23. You must constitute and declare some sharpe lawe with a penaltie thereon to restraine the trade of any prohibited goods, especially of swordes, pikeheads, gunnes, daggers, or any thinge of iron that may be turned against you, and in case of such offence punishe severely; have also especially regard that no arte or trade tendinge to armes in any wise, as smithey, carpentry, of or such like, be taught the savages or used in their presence, as they may learne therein.

24. Havinge deduced your colony into severall seates and plantacions that may commodiously answere and receive one another, you must devide your people into tennes, twenties, & so upwards, to every necessary worke a competent nomber, over every one of which you must appointe some man of care and [skill] in that worke to oversee them and to take daily accounte of their laboures; and you must ordaine that every overseer of such a nomber of workemen deliver once a weeke an accounte of the wholle committed to his charge [to] the cheife governor or captaine of the fourte; and that they also once a moneth make the like accounte to you or your officer and that such goodes or provisions as are advanced or gotten above expence may be receaved and entred into the capemarchantes booke and so stored and preserved to the publique use of the colony. And thus you shall both knowe howe your men are imployed, what they gett & where it is, as also the measure of your provision and wealth.

25. For such of your men as shall attend any worke in or nere aboute every towne, you shall doe best to lett them eate together at seasonable howers in some publique place, beinge messed by sixe or five to a messe, in which you must see there bee equality and sufficient that so they may come and retourne to their worke without any delay and have no cause to complaine of measure or to excuse their idlenes uppon the dressinge or want of diett. You may well allowe them three howers in a somers day and two in the winter, and shall call them together by ringinge of a bell and by the same worne them againe to worke; for such as attend any labouer so farre from the forte, as they cannot returne at seasonable times, there must be a steward appointed that shall oversee there diett and provision, els thoughe you give every one a reasonalbe allowance for many dayes some will eate two meales at one & soe:

26. You shall give especiall order to the cheif commaunder of every forte that the armes, powder and munition be well stored and looked into and that the men be disposed into severall companies for warr and captaines appointed over every fifty to traine them at convenient times and to teache them the use of their armes and weapons and they may knowe whether uppon all occasions and sudden attempts they shall repaire to find them in a readines.

27. You must take especiall care what relacions come into England and what lettres are written and that all thinges of that nature may be boxed up and sealed and sent to first to the Councell here, accordinge to a former instruccion unto the late president in that behalf directed; and that at the arivall and retourne of every shippinge you endeavour to knowe all the particuler passages and informacions given on both sides and to advertise us accordingly.

28. Whensoever you consult of any busines of importance, wee advise you to consider and deliberate all thinges patiently & willingly and to heare every man his oppinion and objeccion, but the resultants out of them or your owne determinacion what you intend to doe not to imparte to any whatsoever, but to such onely as shall execute it, and to them also under the sealle of your commaundement and but at the instant of their partinge from you or the execucion of your will.

29. Next after buildinge, husbandry and manuringe the countrey for the provision of life and conveniency, wee comend unto your care foure principall waies of enrichinge the colonies and providinge returne of commodity, of which you must be very solicitouse that our fleetes come not home empty nor laden with useles marchandize. The first is discovery either of the southe seas or royall mines, in the search of both which we must referre you to the circumstances of your peace and your owne discrecion; the second is trade whereby you recover all the commodities of those countreys that ly far of and yet are accessable by water; the third is tribute, by which you shall advaunce parte of what soever the next lande can provide you can produce; the fourth is labour of your owne men in makinge wines, pitche, tarre, sope, ashes, steele, iron, pipestaves, in sowinge of hempe and flaxe, in gatheringe silke of the grasse, and providinge the worme and in fishinge for pearle, codd, sturgion, and such like.

30. Wee require you to call before you Captaine John Radcliffe and one ... Webbe who hath complained by peticion delivered unto you of divers injuries and insolences done unto him in the governement of the said Captaine Radcliffe, and accordingly to heare the cause and doe justice in it as you shall finde reason in it your owne discrecion.

31. Whereas suite hath bine made unto us as for the retourne of Richard Potts, David Wiffin and Post Ginnet, and sufficient reasons declared to move us to graunte the same which hath bine agreed unto by the Councell assembled, wee require you to give them their licence to come backe by the next shippinge with such condicions or limitacions of retorne or otherwise as you shall thinke good.

32. Whereas peticion hath bine made by the friends of John Tavernor, capemarchant of the forte and store in Virginia, for his retorne uppon some urgent occasion and for some time into England, we require you to licence him so to do if it be his desire when you arive there; and we doe nominate and appointe Thomas Wittingham into his roome and office, beinge one in whose sufficiency and honesty we have greate confidence.

33. There beinge one George Liste, servant to John Woodall and sent over by him with a chest of cheurgery sufficiently furnished, we require you to give your licence to William Wilson, his fellowe, if the said George Liste doe stay with you, to come backe in this passage, the better to enfourme us what medicines and drugges are fittest to be provided for the use of the colonie against the next supply.

34. You shall be very wary of grantinge freedomes and of givinge your sealle to any but uppon good consideracion and greate merite, least you make cheape the best way of our recompence; and in those you doe you shall give with such limitacions of retorne in reasonable time as in your discrecion shall seeme good.

35. If it shall please God that you should dy either in your way or in your governement (which his mercy forbid) before other order be taken by us therein, wee requier and commaund that the Councell there established open a blacke boxe, marked with the figure of one and sealed with our sealle, wherein they shall finde our determinacion concerninge the successor to the governement; and do, in His Majesties name, charge and commaund every person within the precincte of the Colony to give and yeild due obedience to him so named and appointed accordinge unto his commission unto him, directed as they will aunswere to the contrary at their uttermost perill.

36. Wee also requier you, the present Governor & all your successors, to keepe secret to your selves, unsealed and unbroken up, all such lettres, schedules and instruments and whatsoever wee shall deliver you soe under our sealle, especially two blacke boxes with divers markes wherein are our commissions in cases of death or other vacacion of the Governor untill such time as you shall find your self unlikely to live or determined to returne, uppon which occasions wee requier you that they be delivered before all the Councell to be opened successively after such death or departure out of Virginia of any Governor.

Provided that in all thinges herein contained, except onely the succession, wee doe by these our lettres instruccions binde you to nothinge so strictely but that uppon due consideracion and good reason, and uppon divers circumstances of time and place wherein we cannot here conclude, you may in your discrecion departe and dissent from them and change, alter or establishe, execute and doe all ordinances or acts whatsoever that may best conducte to the glory of God, the honor of our Kinge and nation to the good and perfect establishement of our Colony. Geven under our hands and Councell sealle the day of May, in the seaventh yeare of His Majesties ragne of England, Fraunce & Ireland and Scotland the two and fortithe.

Kingsbury, _Records of the Virginia Company of London_, Vol. III, pp. 12-24.

VIRGINIA COUNCIL. "INSTRUCTIONS,
ORDERS AND CONSTITUCIONS ... TO ...
SIR THOMAS WEST, KNIGHT, LORD LA
WARR."

1609/10(?)

Instructions, orders and constitucions by way of advise sett
downe, declared, propounded and delivered to the Right
Honourable Sir Thomas West, Knight, Lord La Warr, Lord
Governor and Capten Generall of Virginea and of the Colonies
there planted and to be planted and of all other the
inhabitants thereof, by us, His Majesties Counsell for the
Companie of Adventurers and Planters in Virginea resident in
England under the hands of some of us for the direccion of
the affares of that countrey for his better disposinge and
proceedinge in the government thereof, according to the
authoritie and power given unto us by His Majesties lettres
patents in that behalf, together with a copie of certaine of
the cheifest instruccions which have bene formerlie given to
Sir Thomas Gates, Knight, for his direccion, which coppie we
have given to his Lordship to peruse and looke into but
leave it to his discretion to use and put them in execution
or to beare to be advised or directed by them further then
in his owne discretion he shall thinke meete.

We, the said Councell, havinge considered the great & zealous affeccion which you, Sir Thomas West, Knight, Lord Lawarr, have many wayes manifested unto us and for the furtherance and advaunceinge of the plantacion of Virginea have therefore by our commission under the handes of some of us, constituted you to be Lord Governor and Captaine Generall of Virginea and for your more safe and deliberate proceedinge in your goverment there, have advised, constituted & agreed uppon divers instructions followinge, vizt:

1. First, we require your Lordship to take into your charge our fleete consistinge of three good shippes with the masters, mariners, sailors and one hundred and fiftie landmen goinge in them to be transported under your commaund with what speed conveniently you maye unto Virginea and with the first winde to sett saile for that place and in your passage thither not to lande or touche uppon anye of the Kinge of Spaine his dominions by him quietly possessed without the licence of the governour of such place first obtained, unles by necessitie of winde and weather you shalbe forced thereunto; in which passage you shall holde councell with the masters, pilates and men of best experience what way is safest and fitt for you to take for your arrivinge in Virginea.