Part 11

And that all persons which since the going away of the said Sir Thomas Dale have been transported thither at the Companies charges, or which hereafter shall be so transported, be placed as tenants on the Companies lands for term of seven years, occupy the same to the half part of the profits as is abovesaid. We therefore will and ordain that other three thousand acres of land be set out in the fields and territory of Charles City; and other three thousand acres of land in the fields and territories of Henrico; and other three thousand acres of land in the fields and territory of Kiccowtan, all which to be and be called the Companies Lands and to be occupied by the Companies tenants for half profits as afore said. And that the profits belonging to the Company be disposed by their several moieties in the same manner as before set down touching the Companies lands in the territory of James Town with like allowance to the bailies and reservation of ground for the common store of cattle in those several places, as is there set down. And our will is that such of the Companies tenants as already inhabite in those several cities or burroughs be not removed to any other city or burrough but placed on the Companies Lands belonging to those cities or burroughs where they now inhabite; provided alwaies, that if any private person, without fraud or injurious intent to the public at his own charges, have freed any of the said lands formerly appointed to the Governor, he may continue and inhabite there till a valuable recompence be made him for his said charges. And we do hereby ordain that the Governors house in James town, first built by Sir Thomas Gates, Knight, at the charges and by the servants of the Company, and since enlarged by others by the very same means, be and continue for ever the Governors house, any pretended undue grant made by misinformation and not in a general and quarter court to the contrary in anywise notwithstanding. And to the intent that godly, learned and painful ministers may be placed there for the service of Almighty God & for the spiritual benefit and comfort of the people, we further will and ordain that in every of those cities or burroughs the several quantity of one hundred acres of land be set out in quality of glebe land toward the maintenance of the several ministers of the parishes to be there limited; and for a further supply of their maintenance there be raised a yearly standing and certain contribution out of the profits growing or renuing within the several farmes of the said parish; and so as to make the living of every minister, two hundred pounds sterling per annum or more as hereafter there shall be cause. And for a further ease to the inhabitants of all taxes and contributions for the support and entertainment of the particular magistrates and officers and of other charges to the said citys and burroughs, respectively belonging, we likewise will and ordain that within the precincts or territories of the said cities and burroughs shall be set out and alotted the several quantities of fifteen hundred acres of land to be the common land of the said citie or burrough, for the uses aforesaid, and to be known and called by the name of the Cities or Burroughs Land. And whereas, by a special grant and licence from His Majesty, a general contribution over this realm hath been made for the building and planting of a college for the training up of the children of those infidels in true religion, moral virtue and civility, and for other godly uses, we do, therefore, according to a former grant and order, hereby ratifie, confirm and ordain that a convenient place be chosen and set out for the planting of a university at the said Henrico in time to come and that in the mean time preparation be there made for the building of the said college for the children of the infidels, according to such instructions as we shall deliver; and we will and ordain that ten thousand acres, partly of the lands they impaled and partly of other land within the territory of the said Henrico, be alotted and set out for the endowing of the said university and college with convenient possessions. Whereas also we have heretofore, by order of court in consideration of the long, good and faithful service done by you, Captain George Yeardley, in our said Colony and plantation of Virginia, and in reward there of as also in regard of two single shares in money paid into our treasury, granted unto you, the said Captain Yeardley, all that parcel of marsh ground called Weynock and also one other peice and percel of land adjoining to the same marsh called by the Natives _Konwan_, one parcel whereof abutteth upon a creek there called Mapscock towards the east, and the other parcel thereof towards a creek there called Queens Creek on the west and extendeth in breadth to landward from the head of the said creek called Mapscock up to the head of the said creek called Queens Creek (which creek called Queens Creek is opposite to that point there which is now called the Tobacco point and abutteth south upon the River and north to the Landward), all which several lands are or shall be henceforward accounted to be lying within the territory of the said Charles City and exceed not the quantity of two thousand and two hundred acres, we therefore, the said Treasurer and Company, do hereby again grant, ratifie and confirm unto you, the said Captain George Yeardley, the said several grounds and lands; to have and to hold the said grounds and lands to you, the said Captain George Yeardley, your heirs and assigns, for ever. And for the better encouragement of all sorts of necessary and laudable trades to be set up and exercised within the said four cities burroughs, we do hereby ordain that if any artizans or trademen shall be desirous rather to follow his particular art or trade then to be imploied in husbandry or other rural business, it shall be lawful for you, the said Governor and Councel, to alot and set out within any of the precincts aforesaid one dwelling house with four acres of land adjoining and held in fee simple to every said tradsman, his heirs and assigns for ever, upon condition that the said tradesman, his heirs and assigns do continue and exercise his trade in the said house paying only a free rent of four pence by the year to us, the said Treasurer and Company and our successors, at the feast of St Michael the Archangel, for ever. And touching all other particular plantations set out or like to be set out in convenient multitudes, either by divers of the ancient adventurers associating themselves together (as the Society of Smiths Hundred and Martins Hundred) or by some ancient adventurer or planter associating others unto him (as the plantation of Captain Samuel Argall and Captain John Martin and that by the late Lord La Warre advanced) or by some new adventurers joining themselves under one head (as the plantation of Christopher Lawne, Gentleman, and others now in providing), our intent being according to the rules of justice and good government to alot unto every one his due yet so as neither to breed disturbance to the right of others nor to interrupt the good form of government intended for the benefit of the people and strength of the Colony; we do therefore will and ordain that of the said particular plantations none be placed within five miles of the said former cities and boroughs, and that if any man, out of his own presumption or pleasure without special direction from us, hath heretofore done otherwise a convenient time be assigned him and then by your discretions to remove to some farther place by themselves, to be chosen with the allowance and assent of the Governor for the time being and the Council of Estate; and that the inhabitants of the said city or burrough too near unto which he or they were placed make him and them a valuable recompense for their charges and expence of time in freeing of grounds and building within those precincts; in like sort, we ordain that no latter particular plantation shall at any time hereafter be seated within ten miles of a former; we also will and ordain that no particular plantation be or shall be placed straglingly in divers places to the weakening of them, but be united together in one seat and territory that so also they may be incorporated by us into one body corporate and live under equal and like law and orders with the rest of the Colony; we will and ordain also for the preventing of all fraud in abusing of our grants, contrary to the intent and just meaning of them, that all such person or persons as have procured or hereafter shall procure grants from us in general words unto themselves and their associates or to like effect shall within one year after the date hereof deliver up to us in writing, under their hands and seals, as also unto you, the said Governor and Councel, what be or were the names of those their first associates; and if they be of the adventurers of us, the Company which have paid into our treasury money for their shares, that then they express in that their writing for how many shares they join in the said particular plantation, to the end a due proportion of land may be set out unto them and we the said Treasurer and Company be not defrauded of our due; and if they be not of the adventurers of the Company which have paid into our treasury money for their shares, yet are gone to inhabit there and so continue for three years, there be allotted and set out fifty acres of land for every such person paying a free rent of twelve pence the year, in manner aforesaid, and all such persons having been planted there since the coming away of Sir Thomas Dale; and forasmuch as we understand that certain persons, having procured such grants in general words to themselves and their associates or to like effect, have corruptly of late endeavoured for gain and worse respects to draw many of the ancient planters of the said four cities or burroughs to take grants also of them and thereby to become associated unto them with intent also by such means to overstrengthen their party; and thereupon have adventured on divers enormous courses tending to the great hurt and hindrance of the Colony; yea, and have also made grants of like association to masters of ships and mariners never intending there to inhabit, thereby to defraud His Majesty of the customs due unto him; we, to remedy and prevent such unlawful and greedy courses tending also directly to faction and sedition, do hereby ordain that it shall not be lawful for the grantees of such grants to associate to any other unto them then such as were their associates from the first time of the said grants, without express licence of us, the said Treasurer and Company, in a great general and quarter court under our seal obtained; and that all such after or under grants of association made or to be made by the said grantees shall be to all intents and purposes utterly void. And for as much as we understand that divers particular persons (not members of our Company), with their companies, have provided or are in providing to remove into Virginia with intent (as appeareth) by way of association to shroud themselves under the general grants last aforesaid, which may tend to the great disorder of our Colony and hinderance of the good government which we desire to establish, we do therefore hereby ordain that all such persons as of their own voluntary will and authority shall remove into Virginia, without any grant from us in a great general and quarter court in writing under our seal, shall be deemed (as they are) to be occupiers of our land, that is to say, of the common lands of us, the said Treasurer and Company; and shall yearly pay unto us for the said occupying of our land one full fourth part of the profits thereof till such time as the same shall be granted unto them by us in manner aforesaid, and touching all such as being members of our Company and adventurers by their monies paid into our treasury, shall either in their own person or by their agents, tennants or servants set up in Virginia any such particular plantation, tho with the privity of us, the said Treasurer and Company, yet without any grant in writing made in our said general quarter courts as is requisite, we will and ordain that the said adventurers or planters shall, within two year after the arrival of them or their company in Virginia, procure our grant in writing to be made, in our general quarter court and under our seal, of the lands by them possessed or occupied, or from thenceforth shall be deemed only occupiers of the common land, as is aforesaid, till such times as our said grant shall be obtained. We also not more intending the reformation of the errors of the said [24] than for advancing of them into good courses and therein to assist them by all good means, we further hereby ordain that to all such of the said particular [24] as shall truly fully observe the orders afore and hereafter specified there be alotted and set out, over and above our former grants, one hundred acres of glebe land for the Minister of every [24] and fifteen hundred acres of burough land for the public use of the said plantation; not intending yet hereby either to abridge or enlarge such grant of glebe or common land as shall be made in any of our grants in writing to any of the said particular plantations; we also will and ordain that the like proportion of maintenance out of the [24] and profits of the earth be made for the several ministers of the said particular plantations as have been before set down for the Ministers of the said former cities and burroughs; we will and ordain that the Governor for the time being and the said Council of Estate do justly perform or cause to be performed all such grants, covenants and articles as have or shall be in writing in our great and general quarter courts to any of the said particular plantations, declaring all other grants of lands in Virginia, not made in one of our great and general quarter courts, by force of His Majesties letters patents to be void. And to the end aforesaid we will and ordain that all our grants in writing under our seal, made in our great and general quarter courts, be entered into your records to be kept there in Virginia; yet directly forbiding that a charter of land granted to Captain Samuel Argal and his associates, bearing date the twentieth of March, 1616, be entered in your records or otherwise at all respected, forasmuch as the same was obtained by slight and cunning; and afterwards upon suffering him to go Governor of Virginia was by his own voluntary act left in our custody to be cancelled upon grant of a new charter which [24] We do also hereby declare that heretofore in one of our said general and quarter courts we have ordained and enacted and in this present court have ratified and confirmed these orders and laws following: that all grants of lands, privileges and liberties in Virginia hereafter to be made, be passed by indenture, a counterpart whereof to be sealed by the grantees and to be kept [25] the Companies [25] evidences; and that the Secretary of the Company have the engrossing of all such indentures; that no patents or indentures of grants of land in Virginia be made and sealed but in a full, general and quarter court, the same having been first thoroughly perused and approved under the hands of a select committee for that purpose [25] that all grants of [25] in Virginia to such adventurers as have heretofore brought in their money here to the treasury for their several shares, being of twelve pounds ten shillings the share, be of one hundred acres the share upon the first division and of as many more upon a second division, when the land of the first division shall be sufficiently peopled; and for every person which they shall transport thither within seven years after Midsummer Day, one thousand six hundred and eighteen, if he continue there three years or dye in the mean time after he is shiped it be of fifty acres the person upon the first division and fifty more upon a second division, the land of the first being sufficiently peopled, without paying any rent to the Company for the one or the other; and that in all such grants the names of the said adventurers and the several number of each of their shares be expressed; provided alwaies, and it is ordained, that if the said adventurers or any of them do not truly and effectually, with one year next after the sealing of the said grant, pay and discharge all such sums of money wherein by subscription (or otherwise upon notice thereof given from the auditors) they stand indebted to the Company, or if the said adventurers, or any of them having not lawful right, either by purchase from the Company or by assignment from some other former adventurers, within one year after the said grant or by special gift of the Company upon merit preceding in a full quarter court, to so many shares as he or they pretend, do not within one year after the said grant, satisfie and pay to the said Treasurer and Company for every share so wanting after the rate of twelve pounds ten shillings the share, that then the said grant for so much as concerneth the [25] part and all the shares of the said person so behind and not satisfying as aforesaid shall be utterly void; provided also, and it is ordained, that the grantees shall from time to time during the said seven years make a true certificate to the said Treasurer, Councel and Company from the chief officer or officers of the places respectively, of the number, names, ages, sex, trades and conditions of every such person so transported or shiped, to be entered by the Secretary into a register book for that purpose to be made; that for all persons not comprised in the order next before which during the next seven years after Midsummer day, 1618, shall go into Virginia with intent there to inhabite, if they continue there three years or dye after they are shiped there shall be a grant made of fifty acres for every person upon a first division and as many more upon a second division (the first being peopled), which grants to be made respectively to such persons and their heirs at whose charges the said persons going to inhabite in Virginia shall be transported with reservation of twelve pence yearly rent for every fifty acres to be answered to the said Treasurer and Company and their successors for ever, after the first seven years of every such grant; in which grants a provisoe to be inserted that the grantees shall from time to time during the said seven years make a true certificate to the said Treasurer, Councel and Company, from the chief officer or officers of places respectively, of the number, names, ages, sex, trades and conditions of every such person so transported or shiped, to be entred by the Secretary into a register book for that purpose to be made; that all grants as well of one sort as the other respectively be made with equal favours, and grants of like liberties and immunities as near as may be to the end that all complaint of partiality [or] differencie may be prevented. All which said orders we hereby will and ordain to be firmly and unvoilably kept and observed and that the inhabitants of Virginia have notice of them for their use and benefit. Lastly, we do hereby require and authorize you, the said Captain George Yeardley and the said Council of Etats, associating with you such other as you shall there find meet, to survey or cause to be survey'd all the lands and territories in Virginia above mentioned and the same to set out by bounds and metes, especially so as that the territories of the said several cities and buroughs and other particular plantations may be conveniently divided and known the one from the other; each survey to be set down distinctly in writing and returned to us under your hands and seals. In witness whereof we have hereunto set our common seal, given in a great and general court of the Council and Company of Adventurers of Virginia held the eighteenth day of November, 1618; and in the years of the reign of our soverain Lord James, by the grace of God, King of England, Scotland, France and Ireland, Defender of the Faith, &c., Vizt. of England, France and Ireland the sixteenth and of Scotland the two and fiftieth. Novr. 18, 1618.

Kingsbury, Vol. III, pp. 98-109.

[Footnote 24: Blank space.]

[Footnote 25: Blank space.]

VIRGINIA COMPANY. INSTRUCTIONS TO THE GOVERNOR AND COUNCIL OF STATE IN VIRGINIA

JULY 24, 1621

Instructions to the Governor for the time being and Counsell of State in Virginia:

1. First wee requier you in gennerall take into spetiall regard and estimation the service of Almightie God and observance of his divine lawes and that the people in Virginia bee trained up in true religion, god lives and vertue, that ther example may be a meanes to winn the infidells to God: wherin wee pray you especiallie to have in daly rememberance that the patterne which you shall give in your owne persons & in your families wilbee of singular and chief moment whatt may soever itt shall propend. And since our gennerall endeavours and designes have nott yett effected a due establishment of the honor and rights belonginge to the Church and ministerie, wee must requier your most earnest care to advance all things appertayninge thereunto, seriously endeavoring the establishment of due order in administringe of all services according to the usuall forme and discipline of the Church of England and carefullie avoidinge all factious and needlesse novelties tending onlie to the disturbance of peace and unitie; and that such ministers as have been or shalbe sent from time to time may bee respected and mainteined according to the orders made in that behalfe, also for accomodatinge the churches or places for divine service.

2. Wee praie you likewise take care, that the people now ther or hereafter inhabitinge bee kept in due obedience to His Majestie and that they all take the oaths of supremacie and allegiance; and that you provide that justice bee equallie administered to all His Majesties subjects ther resideing, and as neare as may be after the forme of this realme of England, wherin you are to have a vigilant care to prevent corruption amongst your inferior officers tending to the perverting or delaying of justice; wee praie you also to have espetiall care that no injurie or oppresion bee wrought by the English against any of the natives of that countrie wherby the present peace may be disturbed and ancient quarrells (now buried) might be revived; provided, nevertheles, that the honor of our nation and safety of our people bee still preserved and all maner of insolence committed by the natives be severely and sharpelie punished.

3. Item: that you cause our people to applie themselves to an industrious course of life in followeinge ther buissinesies, each in the several degre and proffession, and that no man bee suffered to live idly, the example wherof might prove pernicious to the rest; in perticular that you bee carefull now in the begining to suppresse too much gaming and above all things that odious vice of drunkenes; and that all kinde of riott both in apparrell & otherwise bee eschewed; and that an edict bee speedily published that no person residing in Virginia (excepting those of the Counsill and heads of hundreds and plantations, ther wives & chilldren) shall weare any gold in ther clothes or any apparrell of silke, untill such time they have itt of the silke ther made by silkewormes & raised by ther owne industry.