Part 7 (1/2)
1609/10(?)
Instructions, orders and const.i.tucions by way of advise sett downe, declared, propounded and delivered to the Right Honourable Sir Thomas West, Knight, Lord La Warr, Lord Governor and Capten Generall of Virginea and of the Colonies there planted and to be planted and of all other the inhabitants thereof, by us, His Majesties Counsell for the Companie of Adventurers and Planters in Virginea resident in England under the hands of some of us for the direccion of the affares of that countrey for his better disposinge and proceedinge in the government thereof, according to the authoritie and power given unto us by His Majesties lettres patents in that behalf, together with a copie of certaine of the cheifest instruccions which have bene formerlie given to Sir Thomas Gates, Knight, for his direccion, which coppie we have given to his Lords.h.i.+p to peruse and looke into but leave it to his discretion to use and put them in execution or to beare to be advised or directed by them further then in his owne discretion he shall thinke meete.
We, the said Councell, havinge considered the great & zealous affeccion which you, Sir Thomas West, Knight, Lord Lawarr, have many wayes manifested unto us and for the furtherance and advaunceinge of the plantacion of Virginea have therefore by our commission under the handes of some of us, const.i.tuted you to be Lord Governor and Captaine Generall of Virginea and for your more safe and deliberate proceedinge in your goverment there, have advised, const.i.tuted & agreed uppon divers instructions followinge, vizt:
1. First, we require your Lords.h.i.+p to take into your charge our fleete consistinge of three good s.h.i.+ppes with the masters, mariners, sailors and one hundred and fiftie landmen goinge in them to be transported under your commaund with what speed conveniently you maye unto Virginea and with the first winde to sett saile for that place and in your pa.s.sage thither not to lande or touche uppon anye of the Kinge of Spaine his dominions by him quietly possessed without the licence of the governour of such place first obtained, unles by necessitie of winde and weather you shalbe forced thereunto; in which pa.s.sage you shall holde councell with the masters, pilates and men of best experience what way is safest and fitt for you to take for your arrivinge in Virginea.
2. Your Lords.h.i.+ps 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 establis.h.i.+nge your Lords.h.i.+p 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, const.i.tuted 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 a.s.sured of theire fidelities as alsoe to be the rather encouraged to comitt matter of counsell and charge unto them; att which time alsoe your Lords.h.i.+p 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 Lords.h.i.+p 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 Lords.h.i.+p 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 s.h.i.+ppes 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 fis.h.i.+nge for sturgeons and other fish; which done we desier your Lords.h.i.+p 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 quant.i.ty; and to retorne the said s.h.i.+ppes 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 s.h.i.+ppes, seamen and victualls which they must be att untill they retorne.
5. After your Lords.h.i.+p 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 Lords.h.i.+p 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 Lords.h.i.+p is to take princ.i.p.all order and care for the true wors.h.i.+p and service of G.o.d 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 Lords.h.i.+p, with the counsell of your said prechers and ministers, doe, as occasion shall be offered, proceede in punis.h.i.+nge of all atheisme, prophanisme, popery and scisme by exemplary punishment to the honor of G.o.d and to the peace and safety of his church over which in this tendernes and infancy your Lords.h.i.+p must be especially solicitous and watchfull.
8. It is very expedient that your Lords.h.i.+p with all diligence indeavor the conversion of the natives and savages to the knowledge and wors.h.i.+p of the true G.o.d and theire redemer Christ Jesus as the most pious and n.o.ble 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 inioc.o.c.ks 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 Lords.h.i.+p 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 Lords.h.i.+p 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 Lords.h.i.+p doe not permitt any s.h.i.+ppe 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 Lords.h.i.+p from the Councell for the Company of Adventurers under the Councell seale.
11. We doe require your Lords.h.i.+p 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 a.s.sone as may be your Lords.h.i.+p send unto us the narracion of that voyage what rivers, lakes or seas they finde or here of with the circ.u.mstanc there unto belonginge.
12. If Sir Thomas Gates be there arived and Sir George Sommers and Capten Newport, or any of them, that your Lords.h.i.+p doe give unto Sir Thomas Gates the place or office of Leiuetennant Governor to your Lords.h.i.+p duringe the time of your Lords.h.i.+p and his abode there together, and in your Lords.h.i.+ps 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 Lords.h.i.+p shall limitt and appointe him; and that Sir George Sommers may have the office of Cheif Admirall under your Lords.h.i.+p 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 Lords.h.i.+p.
13. Your Lords.h.i.+p 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 s.h.i.+ppinge you endeavor to knowe all the particuler pa.s.sages 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 Lords.h.i.+p 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 Lords.h.i.+p to the stricte perfourmance of theis newe instructions but as occasion of time, place or necessetie shall requir your Lords.h.i.+p 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 thirt.i.th instruccion which 30th, 31, 32 & 33 instructions are not given his Lords.h.i.+p 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 G.o.d [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 furnis.h.i.+ng and establis.h.i.+ng 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 s.p.a.ce 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 compa.s.se 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 G.o.d 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 lat.i.tude, together with all and singuler [soils] landes, groundes, havens, ports, rivers, waters, fis.h.i.+nges, 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 n.o.ble 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 a.s.signes for ever, to the sole and proper use and behoofe of them, the said Treasurer and Companie and their heires, successores and a.s.signes 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 n.o.ble and generous accion for the generall good of theire c.u.n.trie, and at the request and with the consent of the Companie aforesaid, that our trusty and welbeloved subjects.[19]