Chapter IV: Part 4

2. Your Lordships beinge landed there, we wishe you should (with what convenientcy you may by proclamacion made) call 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 manifest your commission and cause it to be publiquely read to them, to the end His Majesties pleasure may be knowne as alsoe our choise in establishinge your Lordship Governor of Virginea and of the plantacion there; and that the President, Counsell and Colony there may take notice of our revocacion of all former kindes and formes of goverment, constituted or confirmed, and that they accordingely may yeild due obedience unto you, theire Lord Governor and Captaine Generall, at which time we holde it fitt you tender unto every of them the oath of supremacy to be by them taken whereby they shall manifest theire obedience and loyaltie to His Majestie and you thereby the better assured of theire fidelities as alsoe to be the rather encouraged to comitt matter of counsell and charge unto them; att which time alsoe your Lordship shall, in our opinions, doe well to give generall commaundement that all former private or publique quarels, greivancs or grudgs be from thenceforth from amongest them utterly abbandoned and forgotten and they willingly embrace peace and love as becommeth Christians without discention or hindrance to the common good or quiet.

3. Moreover, your Lordship shall demaunde and resume into your hands all former commissions and all instructions and publique instruments given or sent unto them and all bookes and records whatsoever of all the proceedings untill this time and dispose of all theire offices and places in the future accordinge to your discretion; except the office of Leiuetennante Governor, which your Lordship is by your commission to bestowe upon Sir Thomas Gates, if he shalbe there to execute the same, and office of Marshall uppon Sir Thomas Dale, at this cominge thither, and the office of Admirall upon Sir George Sumers, if he shalbe there, and the office of Viceadmirall upon Capten Newport, he beinge there to supplye the said place.

4. Your shippes beinge discharged of theire provision, we wishe that they, the seamen and soe manie others as shalbe needfull for that worke, be, with what convenient speed you may, employed to theire fishinge for sturgeons and other fish; which done we desier your Lordship should make up the residue of theire fraight with divers of the best severall patternes of the land, commodities that you can gett there havinge regarde more to the goodnes and qualitie of them then to the quantity; and to retorne the said shippes for England with as quick dispatch as you may for easinge of the Companie of Adventurers of the charge both of wages of the said shippes, seamen and victualls which they must be att untill they retorne.

5. After your Lordship is settled in your governement, we thinke it very behofefull that you employ soe many of your people as shalbe needfull in sowing, setting and plantinge of corne and such rootes for foode as you for your better provision, sustentacion and maintennance shall thinke meete to be planted.

6. As touchinge your landmen, we thinke fitt your Lordship should reduce them all into severall bandes and companies of fifties or more when you thinke good and to committ the charge of them to severall officers and captaines to be exercised and trained up in martiall manner and warlike discipline.

7. Your Lordship is to take principall order and care for the true worship and service of God as by havinge the Gospell preched, frequent prayers and the sacraments often administred as becommeth Christians. And that such your ministers and preachers as shalbe with you be had in due respect agreable to theire dignitie and callinge and that your Lordship, with the counsell of your said prechers and ministers, doe, as occasion shall be offered, proceede in punishinge of all atheisme, prophanisme, popery and scisme by exemplary punishment to the honor of God and to the peace and safety of his church over which in this tendernes and infancy your Lordship must be especially solicitous and watchfull.

8. It is very expedient that your Lordship with all diligence indeavor the conversion of the natives and savages to the knowledge and worship of the true God and theire redemer Christ Jesus as the most pious and noble end of this plantacion; which the better to effecte you are to procure from them some of theire children to be brought up in our language and manners and, if you finde it convenient, we thinke it necesserie you first remove from them the iniococks or priests by a surprise of them and detaninge them prisoners and in case they shalbe willfull and obstinate then to send over some three or foure of them into England, we may endevor theire conversion here.

9. We holde it requisite that your Lordship in causes of civill justice, proceede rather as a counsellor then as a judge; that is to saie, rather uppon the right and equitie of the thinge in demaunde then uppon the nicenes and letter of the lawe, which perplexeth in this tender body rather then dispatcheth causes. Soe that a summary and arbitrary way of justice, mingled with discreet formes of magistracy as shall in your discretion seeme aptest for your Lordship to exercise in that place, wilbe of most use both for expedicion and example and for criminall causes, you are to deale therein according to your comission and good discretion.

10. That your Lordship doe not permitt any shippe or vessell to trade or traffique within your precincte to carrie from thence any commodities or marchandizes without warrant brought you or sent to your Lordship from the Councell for the Company of Adventurers under the Councell seale.

11. We doe require your Lordship that with what possible speed and conveniency you may, after you are setled, you appointe a convenient number with guides and some discreete commaunder to discover northwest, south and southwest, beyonde the faulls ten or twelve dayes journey, and that assone as may be your Lordship send unto us the narracion of that voyage what rivers, lakes or seas they finde or here of with the circumstanc there unto belonginge.

12. If Sir Thomas Gates be there arived and Sir George Sommers and Capten Newport, or any of them, that your Lordship doe give unto Sir Thomas Gates the place or office of Leiuetennant Governor to your Lordship duringe the time of your Lordship and his abode there together, and in your Lordships absence he beinge there to be your deputy and cheif generall and commaunder of the whole Colonye and Companie, and to rule and governe according to suche instructions as your Lordship shall limitt and appointe him; and that Sir George Sommers may have the office of Cheif Admirall under your Lordship and that Sir Ferdinando Weyneman may have the office of Master of the ordinance, and that Capten Newport may have the office of Viceadmirall unto your Lordship.

13. Your Lordship must take especiall care what relacions come into England and what lettres are written & that all things of that nature may be boxed up and sealed and sent first to the Counsell here, accordinge to a former instruction unto the late Governor in that behalf directed; and that att the arrival and retorne of every shippinge you endeavor to knowe all the particuler passages and informacions given on both sides and to advertise us accordingly.

14. Last of all, for temporall goverment & perticuler proceedinge in your plantacion, in respect of the shortnes of time, we commende unto your Lordship the copie of some of the cheifest of the old instruccions before mencioned to have bene formerly delivered to Sir Thomas Gates, to be used or refused as you shall in your wisdome thinke fitt, neither is or meanes to tie your Lordship to the stricte perfourmance of theis newe instructions but as occasion of time, place or necessetie shall requir your Lordship may doe therein as shall seeme best in your owne discretion. Southampton, Pembroke, Philip Mountgomery, Edward Cecill, Walter Cope, Dudly Diggs, William Rumney, Thomas Smith, Robert Drewrye, Robert Maunsell, Baptist Hicks, Christofer Brooke.

The copie of the old instruccions which were formerly with others delivered to Sir Thomas Gates, Knight, att his goinge to Virginea for his direccion in his goverment there, and noew are by us, His Majesties Councill for the Companie of Adventurers for Virginea, given to the Right Honourable, the Lord La Warr to looke into and advise on and at his discretion to use [or] forbeare to put them in execucion.

Such of the old instructions which were formerly given to Sir Thomas Gates, Knight, and nowe delivered to the Lord La Warre, beginne att the ninth instruccion in the articles in thi booke which by waye of advise were sett down to the said Sir Thomas Gates and soe are written ontill you come to the thirtith instruccion which 30th, 31, 32 & 33 instructions are not given his Lordship but the 34th is given him, but not the 35 nor 36, but the effect of the provisoe followinge is given.

Kingsbury, Vol. III, pp. 24-29

THE THIRD CHARTER

MARCH 12, 1612

James, by the grace of God [King of England, Scotland, France and Ireland, Defender of the Faith;] to all to whom [these presents shall come,] greeting. Whereas at the humble suite of divers and sundry our lovinge subjects, aswell adventurers as planters of the First Colonie in Virginia, and for the propagacion of Christian religion and reclayminge of people barbarous to civilitie and humanitie, we have by our lettres patent bearing date at Westminster the three and twentieth daie of May in the seaventh yeare of our raigne of England, Frannce and Ireland, and the twoe and fortieth of Scotland, given and grannted unto them, that they and all suche and soe manie of our loving subjects as shold from time to time for ever after be joyned with them as planters or adventurers in the said plantacion, and their successors for ever, shold be one body politique incorporated by the name of The Treasorer and Planters of the Cittie of London for the First Colonie in Virginia;

And whereas allsoe for the greater good and benefitt of the said Companie and for the better furnishing and establishing of the said plantacion we did further [give], grannte and confirme by our said lettres patent unto the said Treasorer and Companie and their successors for ever, all those landes, contries and territories scituate, lyeing and being in that part of America called Virginia, from the point of land called Cape [or] Pointe Comfort all along the seacoste to the northward twoe hundred miles, and from the said point of Cape Comfort all along the seacoste to the sowthward twoe hundred miles, and all the space and circuit of land lying from the sea coste of the precinct aforesaid up or into the land throughout from sea to sea, west and northwest, and allso all the islandes lying within one hundred miles along the coast of both the seas of the precinct aforsaid, with diverse other grannts, liberties, franchises, preheminences, privileges, proffitts, benefitts, and commodities, grannted in and by our said lettres patent to the said Tresorer and Companie, and their successors, for ever:

Now for asmuchas we are given to undestande that in these seas adjoyning to the said coast of Virginia and without the compasse of those twoe hundred miles by us soe grannted unto the said Treasurer and Companie as aforesaid, and yet not farr distant from the said Colony in Virginia, there are or may be divers islandes lying desolate and uninhabited, some of which are already made knowne and discovered by the industry, travell, and expences of the said Company, and others allsoe are supposed to be and remaine as yet unknowen and undiscovered, all and every of which itt maie importe the said Colony both in safety and pollecy of trade to populate and plant, in regard where of, aswell for the preventing of perill as for the better comodity and prosperity of the said Colony, they have bin humble suitors unto us that we wold be pleased to grannt unto them an inlardgement of our said former lettres patent, aswell for a more ample extent of their limitts and territories into the seas adjoyning to and uppon the coast of Virginia as allsoe for some other matters and articles concerning the better government of the said Company and Collony, in which point our said former lettres patents doe not extende soe farre as time and experience hath found to be needfull and convenient:

We, therefore, tendring the good and happy successe of the said plantacion both in respect of the generall weale of humane society as in respect of the good of our owne estate and kingedomes, and being willing to give furtherannt untoall good meanes that may advannce the benefitt of the said Company and which maie secure the safety of our loving subjects, planted in our said Colony under the favour and protection of God Almighty and of our royall power and authority, have therefore of our especiall grace, certain knowledge and mere mocion, given, grannted and confirmed, and for us, our heires and successors we doe by theis presents, give, grannt and confirme unto the said Treasurer and Company of Adventurers and Planters of the said Citty of London for the First Colony in Virginia, and to their heires and successors for ever, all and singuler the said iselandes [whatsoever] scituat and being in anie part of the said ocean bordering upon the coast of our said First Colony in Virginia and being within three hundred leagues of anie the partes hertofore grannted to the said Treasorer and Company in our said former lettres patents as aforesaid, and being within or betweene the one and fortie and thirty degrees of Northerly latitude, together with all and singuler [soils] landes, groundes, havens, ports, rivers, waters, fishinges, mines and mineralls, aswell royal mines of gold and silver as other mines and mineralls, perles, precious stones, quarries, and all and singuler other commodities, jurisdiccions, royalties, priviledges, franchises and preheminences, both within the said tract of lande uppon the maine and allso within the said iselandes and seas adjoyning, whatsoever, and thereunto or there abouts both by sea and land being or scituat; and which, by our lettres patents, we maie or cann grannt and in as ample manner and sort as we or anie our noble progenitors have heretofore grannted to anie person or persons or to anie Companie, bodie politique or corporate or to any adventurer or adventurers, undertaker or undertakers of anie discoveries, plantacions or traffique, of, in, or into anie foreigne parts whatsoever, and in as lardge and ample manner as if the same were herein particularly named, mencioned and expressed: provided allwaies that the said iselandes or anie the premisses herein mencioned and by theis presents intended and meant to be grannted be not already actually possessed or inhabited by anie other Christian prince or estate, nor be within the bounds, limitts or territories of the Northerne Colonie, hertofore by us grannted to be planted by divers of our loving subjects in the northpartes of Virginia. To have and to hold, possesse and injoie all and singuler the said iselandes in the said ocean seas soe lying and bordering uppon the coast or coasts of the territories of the said First Colony in Virginia as aforesaid, with all and singuler the said soiles, landes and groundes and all and singular other the premisses heretofore by theis presents grannted, or mencioned to be grannted, to them, the said Treasurer and Companie of Adventurers and Planters of the Cittie of London for the First Colonie in Virginia, and to their heires, successors and assignes for ever, to the sole and proper use and behoofe of them, the said Treasurer and Companie and their heires, successores and assignes for ever; to be holden of us, our heires and successors as of our mannor of Eastgreenwich, in free and common soccage and not in capite, yealding and paying therefore, to us, our heires and successors, the fifte part of the oare of all gold and silver which shalbe there gotten, had or obteined for all manner of services, whatsoever.

And further our will and pleasure is, and we doe by theis presents grannt and confirme for the good and welfare of the said plantacion, and that posterity maie hereafter knowe whoe have adventured and not bin sparing of their purses in such a noble and generous accion for the generall good of theire cuntrie, and at the request and with the consent of the Companie aforesaid, that our trusty and welbeloved subjects.[19]

[Footnote 19: Stith gives the following names only: "George,
Lord Archbishop of Canterbury, Henry, Earl of Huntington,
Edward, Earl of Bedford, Richard, Earl of Clanrickard, &c."
The following names in brackets are taken from the text in
Brown's _Genesis_.]

George, Lord Archbishopp of Canterbury
Gilbert, Earle of Shrewsberry
Mary, Countesse of Shrewesbeiry
Elizabeth, Countesse of Derby
Margarett, Countesse of Comberland
Henry, Earle of Huntingdon
Edward, Earle of Beddford
Lucy, Countesse of Bedford
Marie, Countesse of Pembroke
Richard, Earle of Clanrickard
Lady Elizabeth Graie
William, Lord Viscount Cramborne
William, Lord Bishopp of Duresme
Henry, Lord Bishopp of Worceter
John, Lord Bishopp of Oxonford
William, Lord Pagett
Dudley, Lord North
Franncis, Lord Norries
William, Lord Knollis
John, Lord Harrington
Robert, Lord Spencer
Edward, Lord Denny
William, Lord Cavendishe
James, Lord Hay
Elianor, Lady Cave [Carre]
Maistres Elizabeth Scott, widdow
Edward Sackvill, Esquier
Sir Henry Nevill, of Aburgavenny, Knight
Sir Robert Riche, Knight
Sir John Harrington, Knight
Sir Raphe Wimwood, Knight
Sir John Graie, Knight
Sir Henry Riche, Knight
Sir Henry Wotton, Knight
Peregrine Berly, Esquier [Berty]
Sir Edward Phelipps, Knight, Maister of the Rolls
Sir Moile Finche, Knight
Sir Thomas Mansell, Knight
Sir John St. John, Knight
Sir Richard Spencer, Knight
Sir Franncis Barrington, Knight
Sir George Carie of Devonshire, Knight
Sir William Twisden, Knight
Sir John Leveson, Knight
Sir Thomas Walsingham, Knight
Sir Edward Care, Knight
Sir Arthure Manwaringe, Knight
Sir Thomas Jermyn, Knight
Sir Valentine Knightley, Knight
Sir John Dodderidge, Knight
Sir John Hungerford, Knight
Sir John Stradling, Knight
Sir John Bourchidd, Knight [Bourchier]
Sir John Bennett, Knight
Sir Samuel Leonard, Knight
Sir Franncis Goodwin, Knight
Sir Wareham St. Legier, Knight
Sir James Scudamore, Knight
Sir Thomas Mildmaie, Knight
Sir Percivall Harte, Knight
Sir Percivall Willoughby, Knight
Sir Franncis Leigh, Knight
Sir Henry Goodere, Knight
Sir John Cutt, Knight
Sir James Parrett, Knight
Sir William Craven, Knight
Sir John Sammes, Knight
Sir Carey Raleigh, Knight
Sir William Maynard, Knight
Sir Edmund Bowyer, Knight
Sir William Cornewallis, Knight
Sir Thomas Beomont, Knight
Sir Thomas Cunningsby, Knight
Sir Henry Beddingfeild, Knight
Sir David Murray, Knight
Sir William Poole, Knight
Sir William Throgmorton, Knight
Sir Thomas Grantham, Knight
Sir Thomas Stewkley, Knight
Sir Edward Heron, Knight
Sir Ralph Shelten, Knight
Sir Lewes Thesam, Knight
Sir Walter Aston, Knight
Sir Thomas Denton, Knight
Sir Ewstace Hart, Knight
Sir John Ogle, Knight
Sir Thomas Dale, Knight
Sir William Boulstrod, Knight
Sir William Fleetwood, Knight
Sir John Acland, Knight
Sir John Hanham, Knight
Sir Roberte Meller, Knight [Millor]
Sir Thomas Wilford, Knight
Sir William Lower, Knight
Sir Thomas Lerdes, Knight [Leedes]
Sir Franncis Barneham, Knight
Sir Walter Chate, Knight
Sir Thomas Tracy, Knight
Sir Marmaduke Darrell, Knight
Sir William Harrys, Knight
Sir Thomas Gerrand, Knight
Sir Peter Freetchvile, Knight
Sir Richard Trevor, Knight
Sir Amias Bamfeild
Sir William Smith of Essex, Knight
Sir Thomas Hewett, Knight
Sir Richard Smith, Knight
Sir John Heyward, Knight
Sir Christopher Harris, Knight
Sir John Pettus, Knight
Sir William Strode, Knight
Sir Thomas Harfleet, Knight
Sir Walter Vaughan, Knight
Sir William Herrick, Knight
Sir Samuell Saltonstall, Knight
Sir Richard Cooper, Knight
Sir Henry Fane, Knight
Sir Franncis Egiok, Knight
Sir Robert Edolph, Knight
Sir Arthure Harries, Knight
Sir George Huntley, Knight
Sir George Chute, Knight
Sir Robert Leigh, Knight
Sir Richard Lovelace, Knight
Sir William Lovelace, Knight
Sir Robert Yaxley, Knight
Sir Franncis Wortley, Knight
Sir Franncis Heiborne, Knight
Sir Guy Palme, Knight
Sir Richard Bingley, Knight
Sir Ambrose Turvill, Knight
Sir Nicholas Stoddard, Knight
Sir William Gree, Knight
Sir Walter Coverte, Knight
Sir Thomas Eversfeild, Knight
Sir Nicholas Parker, Knight
Sir Edward Culpeper, Knight
Sir William Ayliffe, Knight, and
Sir John Keile, Knight
Doctor George Mountaine, Dean of Westminster
Lawrence Bohan, Docktor in Phisick
Anthony Hinton, Doctor in Phisick
John Pawlett
Arthure Ingram
Anthony Irby
John Weld
John Walter
John Harris
Anthony Dyott
William Ravenscrofte
Thomas Warre
William Hackwill
Lawrence Hide
Nicholas Hide
Thomas Stevens
Franncis Tate
Thomas Coventry
John Hare
Robert Askwith
George Sanndys
Franncis Jones
Thomas Wentworth
Henry Cromewell
John Arundell
John Culpeper
John Hoskins
Walter Fitz Williams
Walter Kirkham
William Roscarrock
Richard Carmerdon
Edward Carne
Thomas Merry
Nicholas Lichfeild
John Middleton
John Smithe, and
Thomas Smith, the sonnes of Sir Thomas Smith
Peter Franke
George Gerrand
Gregory Sprynte
John Drake
Roger Puleston
Oliver Nicholas
Richard Nunnington [Monyngton]
John Vaughan
John Evelin
Lamorock Stradling
John Riddall
John Kettleby
Warren Townsend
Lionell Cranfeild
Edward Salter
William Litton
Humfrey May
George Thorpe
Henry Sandys, and
Edwin Sandys, the sonnes of Sir Edwin Sandys
Thomas Conway
Captaine Owen Gwinn
Captaine Giles Hawkridge
Edward Dyer
Richard Connock
Benjamin Brand
Richard Leigh, and
Thomas Pelham, Esquiers
Thomas Digges, and
John Digges, Esquiers, the sonnes of Sir Dudley Diggs, Knight
Franncis Bradley
Richard Buckminster [Buck]
Franncis Burley
John Procter
Alexannder Whitakers
Thomas Frake, thelder, and
Henry Freake, thelder, Ministers of God's word
The mayor and citizens of Chichester
The mayor and jurates of Dover
The bailiffs, burgesses and comonalty of Ipswich
The mayor and comunalty of Lyme Regis
The mayor and comonalty of Sandwich
The wardens, assistants and companie of the Trinity House
Thomas Martin
Franncis Smaleman
Augustine Steward
Richard Tomlins
Humfrey Jobson
John Legate
Robert Backley [Barkley]
John Crowe
Edward Backley [Barkley]
William Flett [Fleet]
Henry Wolstenholme
Edmund Alleyn
George Tucker
Franncis Glanville
Thomas Gouge
John Evelin
William Hall
John Smithe
George Samms
John Robinson
William Tucker
John Wolstenholme, and
Henry Wolstenholme, sonnes of John Wolstenholme, Esquier
William Hodges
Jonathan Mattall [Nuttall]
Phinees Pett
Captaine John Kinge
Captaine William Beck
Giles Alington
Franncis Heiton, and
Samuell Holliland, gentleman
Richard Chamberlaine
George Chamberlaine
Hewett Staper
Humfrey Handford
Raph Freeman
George Twinhoe [Swinhoe]
Richard Pigott
Elias Roberts
Roger Harris
Devereux Wogan
Edward Baber
William Greenewell
Thomas Stilles [Shilds]
Nicholas Hooker
Robert Garsett
Thomas Cordell
William Bright
John Reynold
Peter Bartley
John Willett
Humfry Smithe
Roger Dye
Nicholas Leate
Thomas Wale
Lewes Tate
Humfrey Merrett
Roberte Peake
Powell Isaackson
Sebastian Viccars
Jarvis Mundes
Richard Warner
Gresham Hogan Warner
Daniell Deruley
Andrew Troughton
William Barrett
Thomas Hodges
John Downes
Richard Harper
Thomas Foxall
William Haselden
James Harrison
William Burrell
John Hodsall
Richard Fishborne
John Miller
Edward Cooke
Richard Hall, marchaunt
Richard Hall, ankersmith
John Delbridge
Richard Francklin
Edmund Scott
John Britten
Robert Stratt
Edmund Pond
Edward James
Robert Bell
Richard Herne
William Ferrers
William Millett
Anthony Abdy
Roberte Gore
Benjamin Decrow
Henry Tunberley [Timberly]
Humfrey Basse
Abraham Speckart
Richard Moorer
William Compton
Richard Poulsoune [Pontsonne]
William Wolaston
John Desmont, clothier [Beomont]
Alexannder Childe
William Fald, fishmonger
Franncis Baldwin
John Jones, marchant
Thomas Plomer
Edward Plomer, marchants
John Stoickden
Robert Tindall
Peter Erundell
Ruben Bourne
Thomas Hampton, and
Franncis Carter, citizens of London,

whoe since our said last lettres patent are become adventurers and have joined themselves with the former adventurers and planters of the said Companie and societie, shall from henceforth be reputed, deemed and taken to be and shalbe brethren and free members of the Companie and shall and maie, respectively, and according to the proportion and value of their severall adventures, have, hold and enjoie all suche interest, right, title, priviledges, preheminences, liberties, franchises, immunities, profitts and commodities whatsoever, in as lardge, ample and beneficiall manner to all intents, construccions and purposes as anie other adventures nominated and expressed in anie our former lettres patent, or anie of them have or maie have by force and vertue of theis presents, or anie our former lettres patent whatsoever.

And we are further pleased and we doe by theis presents grannt and confirm that[20]

Phillipp, Earle of Montgomery
William, Lord Paget
Sir John Harrington, Knight
Sir William Cavendish, Knight
Sir John Sammes, Knight
Sir Samuell Sandys, Knight
Sir Thomas Freke, Knight
Sir William St. John, Knight
Sir Richard Grobham, Knight
Sir Thomas Dale, Knight
Sir Cavalliero Maycott, Knight
Richard Martin, Esquier
John Bingley, Esquier
Thomas Watson, Esquier, and
Arthure Ingram, Esquier,

whome the said Treasurer and Companie have, since the said [last] lettres patent, nominated and sett downe as worthy and discreete persons fitt to serve us as Counsellors, to be of our Counsell for the said plantacion, shalbe reputed, deemed and taken as persons of our said Councell for the said First Colonie in such manner and sort to all intents and purposes as those whoe have bin formerly ellected and nominated as our Counsellors for that Colonie and whose names have bin or are incerted and expressed in our said former lettres patent.

[Footnote 20: Stith gives the following names only: "Philip,
Earl of Mongomery, William, Lord Paget, Sir John
Starrington, Knt. &c."]

And we doe hereby ordaine and grannt by theis presents that the said Treasurer and Companie of Adventurers and Planters, aforesaid, shall and maie, once everie weeke or oftener at their pleasure, hold and keepe a court and assembly for the better ordening [ordering] and government of the said plantacion and such thinges as shall concerne the same; and that anie five persons of the said Counsell for the said First Collonie in Virginia, for the time being, of which Companie the Treasurer or his deputie allwaies to be one, and the nomber of fifteene others at the least of the generality of the said Companie assembled together in such court or assembly in such manner as is and hath bin heretofore used and accustomed, shalbe said, taken, held and reputed to be and shalbe a full and sufficient court of the said Companie for the handling, ordring and dispatching of all such casuall and particuler occurrences and accidentall matters of lesse consequence and waight, as shall from time to time happen, touching and concerning the said plantacion.

And that, nevertheles, for the handling, ordring and disposing of matters and affaires of great waight and importance and such as shall or maie in anie sort concerne the weale publike and generall good of the said Companie and plantacion as namely, the manner of government from time to time to be used, the ordring and disposing of the said possessions and the setling and establishing of a trade there, or such like, there shalbe held and kept everie yeare uppon the last Wednesdaie save one of Hillary, Easter, Trinity and Michaelmas termes, for ever, one great, generall and solemne assembly, which fower severall assemblies shalbe stiled and called The Fower Great and Generall Courts of the Counsell and Companie of Adventurers for Virginia; in all and every of which said great and generall Courts soe assembled our will and pleasure is and we doe, for us, our heires and successors forever, give and grannt to the said Treasurer and Companie and their successors for ever by theis presents, that they, the said Treasurer and Companie or the greater nomber of them soe assembled, shall and maie have full power and authoritie from time to time and att all times hereafter to ellect and choose discreet persons to be of our [said] Counsell for the said First Colonie in Virginia and to nominate and appoint such officers as theie shall thinke fitt and requisit for the government, managing, ordring and dispatching of the affaires of the said Companie; and shall likewise have full power and authority to ordaine and make such lawes and ordinances for the good and wellfare of the said plantacion as to them from time to time shalbe thought requisite and meete: soe allwaies as the same be not contrary to the lawes and statutes of this our realme of England; and shall in like manner have power and authority to expulse, disfranchise and putt out of and from their said Companie and societie for ever all and everie such person and persons as having either promised or subscribed their names to become adventurers to the said plantacion of the said First Colonie in Virginia, or having bin nominated for adventurers in theis or anie our lettres patent or having bin otherwise admitted and nominated to be of the said Companie, have nevertheles either not putt in anie adventure [at] all for and towards the said plantacion or els have refused and neglected, or shall refuse and neglect, to bringe in his or their adventure by word or writing promised within sixe monthes after the same shalbe soe payable and due.

And wheras the failing and nonpaiment of such monies as have bin promised in adventure for the advanncement of the said plantacion hath bin often by experience found to be danngerous and prejudiciall to the same and much to have hindred the progresse and proceeding of the said plantacion; and for that itt seemeth to us a thing reasonable that such persons as by their handwriting have engaged themselves for the payment of their adventures, and afterwards neglecting their faith and promise, shold be compellable to make good and kepe the same; therefore our will and pleasure is that in anie suite or suites comenced or to be comenced in anie of our courts att Westminster, or elswhere, by the said Treasurer and Companie or otherwise against anie such persons, that our judges for the time being both in our Court of Channcerie and at the common lawe doe favour and further the said suits soe farre forth as law and equitie will in anie wise suffer and permitt.

And we doe, for us, our heires and successors, further give and grannt to the said Tresorer and Companie, and their successors for ever, that theie, the said Tresorer and Companie or the greater part of them for the time being, so in a full and generall court assembled as aforesaid shall and maie, from time to time and att all times hereafter, for ever, ellect, choose and permitt into their Company and society anie person or persons, as well straungers and aliens borne in anie part beyond the seas wheresoever, being in amity with us, as our naturall liedge subjects borne in anie our realmes and dominions; and that all such persons soe elected, chosen and admitted to be of the said Companie as aforesaid shall thereuppon be taken, reputed and held and shalbe free members of the said Companie and shall have, hold and enjoie all and singuler freedoms, liberties, franchises, priviledges, immunities, benefitts, profitts and commodities, whatsoever, to the said Companie in anie sort belonging or apperteining as fully, freely [and] amplie as anie other adventurer or adventurers now being, or which hereafter att anie time shalbe, of the said Companie, hath, have, shall, maie, might or ought to have or enjoy the same to all intents and purposes whatsoever.

And we doe further of our speciall grace, certaine knowledge and mere mocion, for us, our heires and successors, give and grantt to the said Tresorer and Companie and their successors, for ever by theis present, that itt shalbe lawfull and free for them and their assignes att all and everie time and times hereafter, out of anie our realmes and dominions whatsoever, to take, lead, carry and transport in and into the said voyage and for and towards the said plantacion of our said First Collonie in Virginia, all such and soe manie of our loving subjects or anie other straungers that will become our loving subjects and live under our allegiance as shall willingly accompanie them in the said voyage and plantacion; with shipping, armour, weapons, ordinannce, munition, powder, shott, victualls, and all manner of merchandizes and wares, and all manner of clothing, implement, furniture, beasts, cattell, horses, mares, and all other thinges necessarie for the said plantacion and for their use and defence, and for trade with the people there and in passing and retourning to and froe, without paying or yealding anie subsedie, custome or imposicion, either inward or outward, or anie other dutie to us, our heires or successors, for the same, for the space of seven yeares from the date of theis present.

And we doe further, for us, our heires and successors, give and grannt to the said Treasurer and Companie and their successors for ever, by theis present, that the said Treasurer of the said Companie, or his deputie for the time being or anie twoe others of our said Counsell for the said First Colonie in Virginia for the time being, shall and maie attall times hereafter and from time to time, have full power and authoritie to minister and give the oath and oathes of supremacie and allegiannce, or either of them, to all and every person and persons which shall, at anie time and times hereafter, goe or passe to the said Colonie in Virginia:

And further, that itt shalbe likewise lawfull for the said Tresorer, or his deputy for the time, or anie twoe others of our said Counsell for the said First Colonie in Virginia, for the time being, from time to time and att all times hereafter, to minister such a formall oathe as by their discrescion shalbe reasonably devised, aswell unto anie person or persons imployed or to be imployed in, for, or touching the said plantacion for their honest, faithfull and just dischardge of their service in all such matters as shalbe committed unto them for the good and benefitt of the said Company, Colonie and plantacion; as alsoe unto such other person or persons as the said Treasurer or his deputie, with twoe others of the said Counsell, shall thinke meete for the examinacion or clearing of the truith in anie cause whatsoever concerninge the said plantacion or anie business from thence proceeding or there unto proceeding or thereunto belonging.

And, furthermore, whereas we have ben certefied that diverse lewde and ill disposed persons, both sailors, souldiers, artificers, husbandmen, laborers, and others, having received wages, apparrell or other entertainment from the said Company or having contracted and agreed with the said Companie to goe, to serve, or to be imployed in the said plantacion of the said First Colonie in Virginia, have afterwards either withdrawen, hid or concealed themselves, or have refused to goe thither after they have bin soe entertained and agreed withall; and that divers and sundry persons allso which have bin sent and imployed in the said plantacion of the said First Colonie in Virginia at and upon the chardge of the said Companie, and having there misbehaved themselves by mutinies, sedition, and other notorious misdemeanors, or having bin employed or sent abroad by the governor of Virginia or his deputie with some ship or pinnace for provisions for the said Colonie, or for some discoverie or other buisines and affaires concerning the same, have from thence most trecherouslie either come back againe and retorned into our realme of England by stelth or without licence of our Governor of our said Colonie in Virginia for the time being, or have bin sent hither as misdoers and offenders; and that manie allsoe of those persons after their retourne from thence, having bin questioned by our said Counsell here for such their misbehaviors and offences, by their insolent and contemptuous carriage in the presence of our said Counsaile, have shewed little respect and reverence, either to the place or authoritie in which we have placed and appointed them; and others, for the colouring of their lewdnes and misdemeanors committed in Virginia, have endeavored them by most vile and slanndrous reports made and divulged, aswell of the cuntrie of Virginia as alsoe of the government and estate of the said plantacion and Colonie, as much as in them laie, to bring the said voyage and plantacion into disgrace and contempt; by meanes where of not only the adventures and planters alreadie ingaged in the said plantacion have bin exceedingly abused and hindred, and a greate nomber of other our loving and welldisposed subjects otherwise well affected and inclyning to joine and adventure insoe noble, Christian and worthie an action have bin discouraged from the same, but allsoe the utter overthrow and ruine of the said enterprise hath bin greatlie indanngered which cannott miscarrie without some dishonor to us and our kingdome;

Now, for asmuch as it appeareth unto us that theis insolences, misdemeanors and abuses, not to be tollerated in anie civill government, have for the most part growne and proceeded inregard of our Counsaile have not anie direct power and authoritie by anie expresse wordes in our former lettres patent to correct and chastise such offenders, we therefore, for the more speedy reformacion of soe greate and enormous abuses and misdemeanors heretofore practised and committed, and for the preventing of the like hereafter, doe by theis present for us, our heires and successors, give and grannt to the said Treasurer and Companie, and their successors for ever, that itt shall and maie be lawfull for our said Councell for the said First Colonie in Virginia or anie twoe of them, whereof the said Tresorer or his deputie for the time being to be allwaies one, by warrant under their handes to send for, or cause to be apprehended, all and every such person and persons who shalbe noted or accused or found, att anie time or times here after, to offend or misbehave themselves in anie the offences before mencioned and expressed; and uppon the examinacion of anie such offender or offendors and just proofe made by oath taken before the Counsaile of anie such notorious misdemeanors by them committed as aforesaid; and allsoe uppon anie insolent, contemptuous or unreverent carriage and misbehavior to or against our said Counsell shewed or used by anie such person or persons soe called, convented and apearing before them as aforesaid; that in all such cases theie, our said Counsell or anie twoe of them for the time being, shall and maie have full power and authoritie either here to binde them over with good suerties for their good behaviour and further therein to proceed to all intents and purposes, as itt is used in other like cases within our realme of England; or ells att their discrescion to remannd and send back the said offenders or anie of them unto the said Colonie in Virginia, there to be proceeded against and punished as the Governor, deputie and Counsell there for the time being shall thinke meete; or otherwise, according to such lawes and ordinannces as are or shalbe in use there for the well ordring and good governement of the said Colonie.

And, for the more effectuall advanncing of the said plantacion, we doe further, for us, our heires and successors, of our especiall grace and favour, by vertue of our prorogative royall and by the assent and consent of the Lordes and others of our Privie Counsalle, give and grannte unto the said Tresorer and Companie full power and authoritie, free leave, libertie and licence to sett forth, errect and publishe one or more lotterie or lotteries to have continuance and to [endure] and be held for the space of one whole yeare next after the opening of the same, and after the end and expiracion of the said terme the said lotterie or lotteries to continue and be further kept, during our will and pleasure onely and not otherwise. And yet, nevertheles, we are contented and pleased, for the good and wellfare of the said plantacion, that the said Tresorer and Companie shall, for the dispatch and finishing of the said lotterie or lotteries, have six months warninge after the said yeare ended before our will and pleasure shall, for and on that behalfe, be construed, deemed and adjudged to be in anie wise altered and determined.

And our further will and pleasure is that the said lottery or lottaries shall and maie be opened and held within our cittie of London or in anie other cittie or citties, or ellswheare within this our realme of England, with such prises, articles, condicions and limitacions as to them, the said Tresorer and Companie, in their discreascions shall seeme convenient.

And that itt shall and may be lawfull to and for the said Tresorer and Companie to ellect and choose receivors, auditors, surveyors, comissioners, or anie other officers whatsoever, att their will and pleasure for the better marshalling and guiding and governing of the said lottarie or lottaryes; and that itt shalbe likewise lawfull to and for the said Tresorer and anie twoe of the said Counsell to minister unto all and everie such persons soe ellected and chosen for officers as aforesaid one or more oathes for their good behaviour, just and true dealing in and about the lottarie or lottaries to the intent and purpose that none of our loving subjects, putting in their monies or otherwise adventuring in the said generall lotterie or lottaries, maie be in anie wise defrauded and deceived of their said monies or evill and indirectlie dealt withall in their said adventures.

And we further grannt in manner and forme aforesaid, that itt shall and maie be lawfull to and for the said Treasurer and Companie, under the scale of our Counsell for the plantacion, to publishe or to cause and procure to be published by proclamacion or otherwise, the said proclamacion to be made in their name by vertue of theise present, the said lottarie or lotteries in all citties, townes, boroughts, throughfaires and other places within our said realme of England; and we will and commande all mayors, justices of peace, sheriffs, bayliffs, constables and other our officers and loving subjects whatsoever, that in noe wise theie hinder or delaie the progresse and proceeding of the said lottarie or lottaries but be therein and, touching the premisses, aiding and assisting by all honest, good and lawfull meanes and endevours.

And further our will and pleasure is that in all questions and dobts that shall arise uppon anie difficultie of construccion or interpretacion of anie thing conteined in theis or anie other our former lettres patent the same shalbe taken and interpreted in most ample and beneficiall manner for the said Tresorer and Companie and their successors and everie member there of.

And lastly we doe by theis present retifie and confirme unto the said Treasorer and Companie, and their successors for ever, all and all manner of priviledges, franchises, liberties, immunities, preheminences, profitts and commodities whatsoever grannted unto them in anie our [former] lettres patent and not in theis present revoked, altered, channged or abridged. Although expresse mencion [of the true yearly value or certainty of the premises, or any of them, or of any other gift or grant, by us or any of our progenitors or predecessors, to the aforesaid Tresurer and Company heretofore made, in these Presents is not made; or any statute, act, ordinance, provisions, proclamation, or restraint, to the contrary thereof heretofore made, ordained, or provided, or any other matter, cause, or thing, whatsoever, to the contrary, in any wise, notwithstanding.]

In witnes whereof [we have caused these our letters to be made patents.] Wittnes our selfe att Westminster, the twelveth daie of March [1612] [in the ninth year of our reign of England, France, and Ireland, and of Scotland the five and fortieth.]

Per breve de privato sigillo, etc.

P. R. O. Chancery Patent Rolls (c. 66), 1709; Stith, Appendix, pp. 23-32; Hening, Vol. I, pp. 98-110.

VIRGINIA COMPANY. INSTRUCTIONS TO
GEORGE YEARDLEY

(Sometimes called "The Great Charter")[21]

[Footnote 21: There is no authority in these Instructions
for the Governor to establish a General Assembly. There is,
however, evidence in the Instructions to Wyatt (p. 123) that
a "Commission" was given to Yeardley which granted this
authority.]

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.]