The Three Charters of the Virginia Company of London. With Seven Related Documents; 1606-1621

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] beinge18 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.

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.