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And doe, in like manner, grannte and agree, for us, our heires and successors, to and with the saide Thomas Hannam, Raleighe Gilberd, William Parker and George Popham, and all others of the saide Seconde Colonie, that wee, our heires [and] successors, upon petition in that behalfe to be made, shall, by lettres patentes under the Great Seale of Englande, give and grannte unto such parsons, theire heires and assignees, as the Counsell of that Colonie or the most parte of them shall for that purpose nomminate and assigne, all the landes, tenementes and hereditaments which shalbe within the precinctes limitted for that Colonie as is afore said, to be houlden of us, our heires and successors as of our mannor of Eastgreenwich in the countie of Kente, in free and common soccage onelie and not in capite.

All which landes, tenements and hereditaments soe to be passed by the saide severall lettres patents, shalbe, by sufficient assurances from the same patentees, soe distributed and devided amongest the undertakers for the plantacion of the said severall Colonies, and such as shall make theire plantacion in either of the said severall Colonies, in such manner and forme and for such estates as shall [be] ordered and sett [downe] by the Counsell of the same Colonie, or the most part of them, respectively, within which the same lands, tenements and hereditaments shall ly or be. Althoughe expresse mencion [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 our progenitors or predecessors, to the aforesaid Sir Thomas Gates, Knt. Sir George Somers, Knt. Richard Hackluit, Edward-Maria Wingfield, Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham, or any of them, heretofore made, in these presents, is not made; or any statute, act, ordnance, or provision, proclamation, or restraint, to the contrary hereof had, made, ordained, or any other thing, cause, or matter whatsoever, in any wise notwithstanding.] In witnesse wherof [we have caused these our letters to be made patents;] witnesse our selfe at Westminister the xth day of Aprill [1606, in the fourth year of our reign of England, France, and Ireland, and of Scotland the nine and thirtieth.]

[Lukin]

Exactum per breve de private sigillo [etc.]

P. R. O. Chancery Patent Rolls (c. 66), 1709; Stith, Appendix, pp. 1-8; Hening's Statutes, Vol. I, pp. 57-66.

ARTICLES, INSTRUCTIONS AND ORDERS

November 20, 1606

Articles, instructions and orders made, sett down and established by us the twentieth day of November, in the year of our raigne of England, France and Ireland the fourth and of Scotland the fortieth, for the good order and government of the two several Colonies and plantations to be made by our loving subjects in the country commonly called Virginia and America, between 34 and 45 degrees from the aequinoctial line.

Wheras wee, by our letters pattents under our Great Seale of England bearing date att Westminster the tenth day of Aprill in the year of our raigne of England, France and Ireland the fourth and of Scotland the 39th, have given lycence to sundry our loving subjects named in the said letters pattents, and to their associates, to deduce and conduct two several Collonies or plantations of sundry our loving people willing to abide and inhabit in certaine parts of Virginia and America, with divers preheminences, priviledges, authorities and other things, as in and by the same letters pattents more particularly it appeareth; wee, according to the effect and true meaning of the same letters pattents, doe by these presents, signed with our hand, signe manuel and sealed with our Privy Seale of our realme of England, establish and ordaine that our trusty and welbeloved Sir William Wade, Knight, our Lieutanant of our Tower of London; Sir Thomas Smith, Knight; Sir Walter Cope, Knight; Sir George Moor, Knight; Sir Francis Popeham, Knight; Sir Ferdinando Gorges, Knight; Sir John Trevor, Knight; Sir Henry Montague, Knight, Recorder of the citty of London; Sir William Rumney, Knight; John Dodderidge, Esq., Solliciter General; Thomas la Warr, Esq.; John Eldred, of the citty of London, merchant; Thomas James, of the citty of Bristol, merchant; and James Bagge, of Plymouth, in the county of Devonshire, merchant; shall be our Councel for all matters which shall happen in Virginia or any the territories of America between 34 and 45 degrees from the aequinoctial line northward and the islands to the several Collonies limitted and assigned; and that they shal be called the King's Councel of Virginia, which Councel or the most part of them shal have full power and authority att our pleasure, in our name and under us, our heires and successors, to give directions to the Councels of the several Colonies which shal be within any part of the said country of Virginia and America within the degrees first above mentioned, with the islands aforesaid, for the good government of the people to be planted in those parts and for the good ordering and disposing of all causes happening within the same (and the same to be done for the substance thereof as neer to the common lawes of England and the equity thereof as may be) and to passe under our scale app[ointed]³ for that Councel, which Councel and every or any of them shall from time to [time] be increased, altered or changed and others put in their places att the [nomi]nation of us, our heires and successors and att our and their will and plea[sure]; and the same Councel of Virginia or the more part of them, for the time bei[ng], shall nominate and appoint the first several Councellours of those several Councells which are to be appointed for those two several Colonies whi[ch are] to be made plantations in Virginia and America between the degrees [before] mentioned, according to our said letters pattents in that behalfe made; and that each of the same Councels of the same several Colonies shal, by the major part of them, choose one of the same Councel, not being the minister of God's word, to be President of the same Councel and to continue in that office by the space of one whole year, unlesse he shall in the mean time dye or be removed from that office; and wee doe further hereby establish & ordaine that it shal be lawful for the major part of either of the said Councells, upon any just cause, either absence or otherwise, to remove the President or any other of that Councel from being either President or any of that Councel, and upon the deathes or removal of any of the Presidents or Councel it shal be lawfull for the major part of that Councel to elect another in the place of the party soe dying or removed, soo alwaies as they shal not be above thirteen of either of the said Councellours; and wee doe establish & ordaine that the President shal not continue in his office of Presidentship above the space of one year; and wee doe especially ordaine, charge and require the said Presidents and Councells and the ministers of the said several Colonies respectively, within their several limits and precincts, that they with all diligence, care and respect doe provide that the true word and service of God and Christian faith be preached, planted and used, not only within every of the said several Colonies and plantations but alsoe as much as they may amongst the salvage people which doe or shall adjoine unto them or border upon them, according to the doctrine, rights and religion now professed and established within our realme of England; and that they shall not suffer any person or persons to withdrawe any of the subjects or people inhabiting or which shall inhabit within any of the said several Colonies and plantations from the same or from their due allegiance unto us, our heires and successors, as their immediate soveraigne under God; and if they shall find within any of the said Colonies and plantations any person or persons soe seeking to withdrawe any of the subjects of us, our heires or successors, or any of the people of those lands or territories within the precincts aforesaid, they shall with all diligence him or them soe offending cause to be apprehended, arrested and imprisoned until he shall fully and throughly reforme himselfe, or otherwise, when the cause soe requireth, that he shall withall convenient speed be sent into our realme of England, here to receive condigne punishment for his or their said offence or offences; and moreover wee doe hereby ordaine and establish for us, our heires and successors that all the lands, tenements and hereditaments to be had and enjoyed by any of our subjects with the precincts aforesaid shal be had and inherited and injoyed according as in the like estates they be had & enjoyed by the lawes within this realme of England; and that the offences of tumults, rebellion, conspiracies, mutiny and seditions in those parts which maybe dangerous to the estates there, together with murther, manslaughter, incest, rapes and adulteries committed in those parts within the precincts of any the degrees above mentioned (and noe other offences) shal be punished by death, and that without the benefit of the clergy except in case of manslaughter, in which clergie is to be allowed; and that the said several Presidents and Councells and the greater number of them within every of the several limits and precincts shall have full power and authority to hear and determine all and every the offences aforesaid within the precinct of their several Colonies, in manner and forme following, that is to say, by twelve honest and indifferent persons sworne upon the Evangelists, to be returned by such ministers and officers, as every of the said Presidents and Councells, or the most part of them respectively, shall assigne; and the twelve persons soe returned and sworne shall, according to their evidence to be given unto them upon oath and according to the truth in their consciences, either convict or acquit every of the said persons soe to be accused & tried by them; and that all and every person or persons which shall voluntarily confesse any of the said offences to be committed by him shall, upon such his confession thereof, be convicted of the same as if he had been found guilty of the same by the verdict of any such twelve jurors, as is aforesaid; and that every person and persons which shall be accused of any of the said offences and which shall stand mute or refusing to make direct answer thereunto, shall be and be held convicted of the said offence as if he had been found guilty by the verdict of such twelve jurors, as aforesaid; and that every person and persons soe convicted either by verdict, his own confession or by standing mute or by refusing directly to answer as aforesaid of any of the offences before mentioned, the said Presidents or Councells, or the greatest number of them within their several precincts and limitts where such conviction shall be had and made, as aforesaid, shall have full power and authority by these presents to give judgment of death upon every such offended [offender] without the benefit of the clergy, except only in cause of manslaughter, and noe person soe adjudged, attainted or condemned shall be reprived from the execution of the said judgment without the consent of the said President and Councel, or the most part of them by whom such judgment shall be given; and that noe person shal receive any pardon or be absolutely discharged of any the said offences for which he shall be condemned to death, as aforesaid, but by pardon of us, our heires and successors, under the Great Seale of England; and wee doe in like manner establish and ordaine if any either of the said Collonies shall offend in any of the offences before mentioned, within any part between the degrees aforesaid, out of the precincts of his or their Collony, that then every such offender or offenders shall be tried and punished as aforesaid within his or their proper Colony; and that every the said Presidents and Councells, within their several limits and precincts and the more part of them, shall have power and authority by these presents to hear and determine all and every other wrongs, trespasses, offences and misdemeanors whatsoever, other than those before mentioned, upon accusation of any person and proofe thereof made by sufficient witnesse upon oath; and that in all those cases the said President and Councel, and the greater number of them, shall have power and authority by these presents respectively, as is aforesaid, to punish the offender or offenders, either by reasonable corporal punishment and imprisonment or else by a convenient fine, awarding damages, or other satisfaction to the party grieved, as to the said President & Councel or to the more part of them shall be thought fitt and convenient, having regard to the quality of the offence or state of the cause; and that alsoe the said President & Councel shall have power and authority by virtue of these presents to punish all manner of excesse, through drunkennesse or otherwaies, and all idle, loytering and vagrant persons which shall be found within their several limits and precincts, according to their best discretions and with such convenient punishment as they or the most part of them shall think fitt; alsoe our will and pleasure [is], concerning the judicial proceedings aforesaid, that the same shall be made and done summarily and verbally without writing until it come to the judgment or sentence, and yet, neverthelesse, our will and pleasure is that every judgment and sentence hereafter to be given in any of the causes aforesaid, or in any other of the said several Presidents and Councells or the greater number of them within their several limits and precincts, shall be breifely and summarily registred into a book to be kept for that purpose, together with the cause for which the said judgment or sentence was given; and that the said judgment and sentence soe registered and written shall be subscribed with the hands or names of the said President and Councel or such of them as gave the judgment or sentence; alsoe our will and pleasure is and wee doe hereby establish and ordaine that the said several Collonies and plantations, and every person and persons of the same, severally and respectively, shall within every of their several precincts for the space of five years next after their first landing upon the said coast of Virginia and America, trade together all in one stocke, or devideably but in two or three stocks att the most, and bring not only all the fruits of their labours there but alsoe all such other goods and commodities which shall be brought out of England or any other place into the same Collonies, into severall magazines or storehouses for that purpose to be made and erected there, and that in such order, manner and form as the Councel of that Collony or the more part of them shall sett downe and direct; and our will and pleasure is and wee doe in like manner ordaine that in every of the said Collonies and plantations there shall be chosen three, elected yearely by the President and Councell of every of the said several Colonies and plantations or the more part of them: one person of the same Colony and plantation to be Treasurer or Cape-merchant of the same Colony and plantation to take the charge and mannageinge of all such goods, wares and commodities which shall be brought into or taken out of the several magazines or storehouses, the same Treasurer or Cape-merchant to continue in his office by the space of one whole year next after his said election, unless he shall happen to dye within the said year or voluntarily give over the same or be removed for any just or reasonalbe cause; and that thereupon the same President and Councell or the most part of them shall have power and authority to elect him again or any other or others in his room or stead to continue in the same office as aforesaid; and that alsoe there shall be two or more persons of good discretion within every of the said Colonies and plantations elected and chosen yearely, during the said terme of five years, by the President and Councel of the same Collony or the most part of them respectively within their several limits and precincts, the one or more of them to keep a book in which shall be registred and entred all such goods, wares and merchandizes as shall be received into the several magazines or storehouses within that Colony, being appointed for that purpose, and the other to keep a like book wherein shall be registred all goods, wares and merchandizes which shall issue or be taken out of any the several magazines or storehouses of that Collony, which clarks shall continue in their said places but att the will of the President and Councel of that Colony whereof he is, or of the major part of them; and that every person of every the said several Colonies and plantations shall be furnished with all necessaries out of those several magazines or storehouses which shall belong to the said Colony and plantation in which that person is, for and during the terme and time of five yeares by the appointment, direction and order of the President and Councell there, or of the said Cape-merchant and two clerks or of the most part of them within the said several limits and precincts of the said Colonies and plantations; alsoe our will and pleasure is and wee doe hereby ordain that the adventurers of the said First Colony and plantation shall and may during the said terme of five years elect and choose out of themselves one or more Companies, each Company consisting of three persons att the least who shall be resident att or neer London, or such other place and places as the Councel of the Colony for the time being, or the most part of them, during the said five years shall think fitt, who shall there from time to time take charge of the trade and accompt of all such goods, wares, merchandizes and other things which shall be sent from thence to the Company of the same Colony or plantation in Virginia, and likewise of all such wares, goods and merchandizes as shall be brought from the said Colony or plantation unto that place within our realme of England, and of all things concerning the mannaging of the affaires and profits concerning the adventurors of that Company which shall soe passe out of or come into that place or port; and likewise our will and pleasure is that the adventurors in the said Second Colony and plantation shall and may, during the said terme of five years, elect out of themselves one or more Companies, each Company consisting of three persons att the least who shall be resident att or near Plymouth in our county of Devon within our realme of England, and att such one, two or three other places or ports as the Councel of that Colony or the most part of them shall think fitt, who shall there from time to time take care and charge of the trade & accompt of all such goods, wares, merchandizes and other things which shall be sent from thence to the same Colony and plantation in Virginia, and likewise of all such goods, wares and merchandizes as shall be brought from the said Colony and plantation in Virginia into our realme of England, and of all things concerning the mannaging of the affaires and profits of the adventurors of that Company; alsoe our will and pleasure is that noe person or persons shall be admitted into any of the said Colonies and plantations, there to abide and remaine, but such as shall take not only the usual oath of obedience to us, our heires and successors; but alsoe the oath which is limitted in the last session of Parliament, holden at Westminster in the fourth year of our raigne, for their due obedience unto us, our heires and successors, that the trade to and from any the Colonies aforesaid may be mannaged to and from such ports & places within our realme of England as is before in these articles intended, any thing set down heretofore to the contrary notwithstanding; and that the said President and Councel of each of the said Colonies, and the more part of them respectively, shall and may lawfully from time to time constitute, make and ordaine such constitutions, ordinances and officers for the better order, government and peace of the people of their several Collonies, soe alwaies as the same ordinances and constitutions doe not touch any party in life or member, which constitutions & ordinances shall stand and continue in full force untill the same shall be otherwise altered or made void by us, our heires or successors, or our or their Councel of Virginia, soe alwaies as the same alterations be such as may stand with and be in substance consonant unto the lawes of England or the equity thereof; furthermore, our will and pleasure is and wee doe hereby determine and ordaine that every person and persons being our subjects of every the said Collonies and plantations shall from time to time well entreate those salvages in those parts and use all good meanes to draw the salvages and heathen people of the same several places and of the territories and countries adjoining to the true service and knowledge of God, and that all just, kind and charitable courses shall be holden with such of them as shall conforme themselves to any good and sociable traffique and dealing with the subjects of us, our heires and successors which shall be planted there, whereby they may be the sooner drawne to the true knowledge of God and the obedience of us, our heires and successors under such severe paines and punishments as shal be inflicted by the same several Presidents and Councells of the said several Colonies, or the most part of them, within their several limits and precincts, on such as shall offend therein or doe the contrary; and that as the said territories and countries of Virginia and America within the degrees aforesaid shall from time to time increase in plantation by our subjects, wee, our heires and successors will, ordaine and give such order and further instructions, lawes, constitutions and ordinances for the better rule, order and government of such as soe shall make plantations there as to us, our heires and successors shall from time to time be thought fitt & convenient, which alwaies shall be such as may stand with or be in substance consonant unto the lawes of England or the equity thereof; and lastly wee doe ordaine and establish for us, our heires and successors that such oath shall be taken by each of our Councellors here for Virginia, concerning their place and office of Councell, as by the Privy Councell of us, our heires and successors of this our realme of England shall be in that behalf limited & appointed; and that each Councellor of the said Colonies shall take such oath for the execution of their place and office of Councel as by the Councel of us, our heires and successors here in England, for Virginia, shall in that behalfe be limited and appointed; and aswell those several articles and instructions herein mentioned and contained as alsoe all such as by virtue hereof shall hereafter be made and ordained, shall as need shall require, by the advice of our Councel here for Virginia be transcripted over unto the said several Councells of the said several Colonies under the seale to be ordained for our said Councell here for Virginia; In witnesses &c.

Virginia State Library, "Patents, No. 2, 1643-1651"; Hening, Vol. I, pp. 67-75.