(Part 2)
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
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.
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 seale 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.]
This page last updated August 9, 2000.