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christian prince or people, situate, lying and being all along the sea coasts, between four and thirty degrees of Northerly latitude from the Equinoctial line, and five and forty degrees of the same latitude, and in the main land between the same four and thirty and five and forty degrees, and the islands thereunto adjacent, or withing one hundred miles of the coasts thereof.	1606. Ap'l 10th. 4th James 1st. First charter to Sir Thomas Gates and others.
II. And to that end, and for the more speedy accomplishment of their said intended plantation and habitation there, are desirous to divide themselves into two several colonies and companies; the one consisting of certain knights, gentlemen, merchants, and other adventurers, of our city of London and elsewhere, which are and from time to time shall be, joined unto them, which do desire to begin their plantation and habitation in some fit and convenient place, between four and thirty and one and forty degrees of said latitude, alongst the coasts of Virginia and coast of America aforesaid; and the other consisting of sundry knights, gentlemen, merchants and other adventurers of our cities of Bristol and Exeter, and our town of Plimouth, and of other places, which do join themselves unto that colony, which do desire to begin their Plantation and habitation in some fit and convenient place, between eight and thirty degrees and five and forty degrees of the said latitude, all alongst the said coast of Virginia and America, as that coast lyeth.	Preamble.
III. We greatly commending, and graciously accepting of, their desires for the furtherance of so noble a work, which may, by the providence of Almighty God, hereafter tend to the glory of his divine Majesty, in propagating of Christian religion to such people, as yet live in darkness and miserable ignorance of the true knowledge and worship of God, and may in time bring the infidels and savages, living in those parts, to human civility, and to a settled and quiet government; Do by these our letters pattents, graciously accept of and agree to, their humble and well intended desires;	Preamble.
IV. And do therefore, for us, our heirs, and successors, grant and agree, that the said Sir Thomas Gates, Sir George Somers, Richard Hackluit, and Edward-Maria Wingfield, adventurers of and for our city of London, and all such others, as are, or shall be joined unto them of that colony, shall be called the first colony; and they	First colony.

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shall and may begin their said first plantation and habitation, at any place upon the said coast of Virginia or America, where they shall think fit and convenient, between the said four and thirty and one and forty degrees of the said latitude; and that they shall have all the lands, woods, soil, grounds, havens, ports, rivers, mines, minerals, marshes, waters, fishings, commodities, and hereditaments, whatsoever, from the said first seat of their plantation and habitation by the space of fifty miles of English statute measure, all along the said coast of Virginia and America, towards the west and south-west, as the coast lyeth, with all the islands within one hundred miles directly over against the same sea coast; and also all the lands, soil, grounds, havens, ports, rivers, mines, minerals, woods, waters, marshes, fishings, commodities, and hereditaments, whatsoever, from the said place of their first plantation and habitation for the space of fifty like English miles, all alongst the said coast of Virginia and America, towards the east and north-east, or towards the north, as the coast lyeth, together will all the islands within one hundred miles, directly over against the said sea coast; and also all the lands, woods, soil, grounds, havens, ports, rivers, mines, minerals, marshes, waters, fishings, commodities, and hereditaments, whatsoever, from the same fifty miles every way on the sea coast, directly into the main land by the space of one hundred like English miles; and shall and may inhabit and remain there; and shall and may also build and fortify within any the same, for their better safeguard and defence, according to their best discretion, and the discretion of the council of that colony; and that no other of our subjects shall be permitted, or suffered to plant or inhabit behind, or on the backside of them, towards the main land, without the express licence or consent of the council of that colony, thereunto in writing first had and obtained.	1606. Ap'l 10th. 4th James 1st. First charter to Sir Thomas Gates and others.
V. And we do likewise, for us, our heirs, and successors, by these presents, grant and agree, that the said Thomas Hanham, and Ralegh Gilbert, William Parker, and George Popham, and all others of the town of Plimouth in the county of Devon, or elsewhere, which are, or shall be, joined unto them of that colony, shall be called the second colony; and that they shall and may begin their said Plantation and seat of their first abode and habitation, at any place upon the said coast of Virginia and America.	Second colony.

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where they shall think fit and convenient, between eight and thirty degrees of the said latitude, and five and forty degrees of the same latitude; and that they shall have all the lands, soil, grounds, havens, ports, rivers, mines, minerals, woods, marshes, waters, fishings, commodities, and hereditaments, whatsoever, from the first seat of their plantation and habitation by the space of fifty like English miles, as is aforesaid, all alongst the said coast of Virginia and America, towards the west and south-west or towards the south, as the coast lyeth, and all the Islands within one hundred miles, directly over against the said sea coast; and also all the lands, soils, grounds, havens, ports, rivers, mines, minerals, woods, marshes, waters, fishings, commodities, and hereditaments, whatsoever, from the said place of their first plantation and habitation for the space of fifty like miles, all alongst the said coast of Virginia and America, towards the east and north-east, or towards the north, as the coast lyeth, and all the Islands also within one hundred miles directly over against the same sea coast; and also all the lands, soils, grounds, havens, ports, rivers, woods, mines, minerals, marshes, waters, fishings, commodities, and hereditaments, whatsoever, from the same fifty miles every way on the sea-coast, directly into the main land, by the space of one hundred like English miles; and shall and may inhabit and remain there; and shall and my also build and fortify within any the same for their better safeguard, according to their best discretion, and the discretion of the council of that colony; and that none of our subjects shall be permitted, or suffered, to plant or inhabit behind, or on the back of them, towards the main land, without the express licence of the council of that colony in writing thereunto first had and obtained.	1606. Ap'l 10th. 4th James 1st. First charter to Sir Thomas Gates and others.
VI. Provided always, and our will and pleasure herein is, that the plantation and habitation of such of the said colonies, as shall last plant themselves, as aforesaid, shall not be made withing one hundred like English miles of the other of them, that first began to make their plantation, as aforesaid.	Proviso.
VII. And we do also ordain, establish and agree, for us, our heirs, and successors, that each of the said colonies shall have a council, which shall govern and order all matters and causes, which shall arise, grow or happen, to or within the same several colonies, according to such	Each colony to have a council.

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laws, ordinances, and instructions as shall be in that behalf, given and signed with our hand or sign manuel, and pass under the privy seal of our real of England; each of which councils shall consist of thirteen persons, to be ordained, made, and removed, from time to time, according as shall be directed and comprised in the same instructions; and shall have a certain seal, for all matters that shall pass or concern the same several councils; each of which seals shall have the king's arms engraven on the one side thereof, and his portraiture on the other; and that the seal for the council of the said first colony shall have engraven round about, on the one side, these words; Sigillum Regis Magnœ Britanniœ, Franciœ, et Hiberniœ: on the other side this inscription round about; Pro Concilio primœ Coloniœ Virginiœ. And the seal for the council of the said second colony shall also have engraven, round about the one side thereof, the aforesaid words: Sigillum Regis Magnœ Britanniœ, Franciœ, et Hiberniœ; and round about the other side, Pro Concilio secundœ Coloniœ Virginiœ:	1606. Ap'l 10th, 4th James 1st. First Charter to Sir Thomas Gates and others. Number of the council. Their seals.
VIII. And that also there shall be a council established here in England, which shall, in like manner, consist of thirteen persons, to be, for that purpose, appointed by us, our heirs, and successors, which shall be called our Council of Virginia; and shall, from time to time, have the superior managing and direction, only of and for all matters, that shall or may concern the government, as well of the said several colonies, as of and for any part or place, within the aforesaid precincts of four and thirty and five and forty degrees, abovementioned; which council shall, in like manner, have a seal, for matters concerning the council or colonies, with the like arms and portraiture, as aforesaid, with this inscription, engraven round about on the one side; Sigillum Regis Magnœ Britanniœ, Franciœ, et Hiberniœ; and round about the other side, Pro Concilio suo Virginœ.	Superior council in England; its number and seal.
IX. And moreover, we do grant and agree, for us, our heirs and successors, that the said several councils, of and for the said several colonies, shall and lawfully may, by virtue hereof, from time to time, without any interruption of us, our heirs or successors, give and take order, to dig, mine, and search for all manner of mines of gold, silver, and copper, as well within any part of their said several colonies, as of the said main lands on the backside	May search for and dig mines.

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of the same colonies; and to have and enjoy the gold, silver, and copper, to be gotten thereof, to the use and behoof of the same colonies, and the plantations thereof; yielding therefore, to us, our heirs and successors, the fifth part only of all the same gold and silver, and the fifteenth part of all the same copper, so to be gotten or had, as is aforesaid, without any other manner of profit or account, to be given or yielded to us, our heirs or successors, for or in respect of the same:	1606. Ap'l 10th. 4th James 1st. First charter to Sir Thomas Gates and others.
X. And they shall, or lawfully may, establish and cause to be made a coin, to pass current there between the people of those several colonies, for the more ease of traffick and bargaining between and amongst them and the native there, of such metal, and in such manner and form, as the said several councils there shall limit and appoint.	May coin money.
XI. And we do likewise, for us our heirs, and successors, by these presents, give full power and authority to the said Sir Thomas Gates, Sir George Somers, Richard Hackluit, Edward-Maria Wingfield, Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham, and to every of them, and to the said several companies, plantations, and colonies, that they, and every of them, shall and may at all and every time and times hereafter, have, take, and lead in the said voyage, and for and towards the said several plantations and colonies, and to travel thitherward, and to abide and inhabit there, in every the said colonies and plantations, such and so many of our subjects, as shall willingly accompany them, or any of them, in the said voyages and plantations; with sufficient shipping, and furniture of armour, weapons, ordnance, powder, victual, and all other things, necessary for the said plantations, and for their use and defence there: Provided always, That none of the said persons be such, as shall hereafter be specially restrained by us, our heirs, or successors.	May invite and carry over adventurers. Proviso.
XII. Moreover, we do, by these presents, for us, our heirs, and successors, give and grant licence unto the said Sir Thomas Gates, Sir George Somers, Richard Hackluit, Edward-Maria Wingfield, Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham, and to every of the said colonies, that they, and every of them, shall and may, from time to time, and at all times for ever hereafter, for their several defences, encounter, expulse, repel,	May repel intruders.

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and resist, as well by sea as by land, by all ways and means whatsoever, all and every such person and persons, as without the especial licence of the said several colonies and plantations, or any of them, or that shall enterprise or attempt, at any time hereafter, the hurt, detriment, or annoyance of the said several colonies or plantations.	1606. Ap'l 10th. 4th James 1st. First charter to Sir Thomas Gates and others.
XIII. Giving and granting, by these presents, unto the said Sir Thomas Gates, Sir George Somers, Richard Hackluit, Edward-Maria Wingfield, and their associates of the said first colony, and unto the said Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham, and their associates of the said second colony, and to every of them, from time to time, and at all times forever hereafter power and authority to take and surprise by all ways and means whatsoever, all and every person and persons, with their ships, vessels, goods, and other furniture, which shall be found trafficking, into any harbour or harbours, creek or creeks, or place, within the limits or precincts of the said several colonies and plantations, not being of the same colony, until such time, as they, being of any realms or dominions under our obedience, shall pay, or agree to pay, to the hands of the treasurer of that colony, within those limits and precincts they shall so traffick, two and a half upon every hundred, of any thing, so by them trafficked, bought or sold; and being strangers, and not subjects under our obeysance, until they shall pay five upon every hundred, of such wares and merchandises, as they shall traffick, buy, or sell, within the precincts of the said several colonies, wherein they shall so traffick, buy, or sell, as aforesaid; which sums of money, or benefit, as aforesaid, for and during ths space of one and twenty years, next ensuing the date hereof, shall be wholly emploied to the use, benefit, and behoof of the said several plantations, where such traffick shall be made; and after the said one and twenty years ended, the same shall be taken to the use of us, our heirs, and successors, by such officers and ministers, as by us, our heirs and successors, shall be thereunto assigned or appointed.	Duties payable by certain persons for trading to the colonies.       To the use of the colonies for 21 years; −−− then to the king.
XIV. And we do further, by these presents, for us, our heirs, and successors, give and grant unto the said Sir Thomas Gates, Sir George Somers, Richard Hackluit, and Edward-Maria Wingfield, and their associates of	Certain articles free of duty for seven years.

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the said first colony and plantation, and to the said Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham, and their associates of the said second colony and plantation, that they, and every of them, by their deputies, ministers, and factors, may transport the goods, chattels, armour, ammunition, and furniture, needful to be used by them, for their said apparel, food, defence, or otherwise in respect of the said plantations, out of our realms of England and Ireland, and all other our dominions, from time to time, for and during the time of seven years, next ensuing the date hereof, for the better relief of the said several colonies and plantations, without any custom, subsidy, or other duty, unto us, our heirs, or successors, to be yielded or paid for the same.	1606. Ap'l 10th. 4th James 1st. First charter to Sir Thomas Gates and others.
XV. Also we do, for us our heirs, and successors, declare, by these presents, that all and every the persons, being our subjects, which shall dwell and inhabit within every or any of the said colonies and plantations, and every of their children, which shall happen to be born within any of the limits and precincts of the said several colonies and plantations, shall have and enjoy all liberties, franchises, and immunities, within any of our other dominions, to all intents and purposes, as if they had been abiding and born, within this our realm of England, or any other of our said dominions.	Inhabitants and their children to have the privileges of British subject.
XVI. Moreover, our gracious will and pleasure is, and we do, by these presents, for us, our heirs, and successors, declare and set forth, that if any person or persons, which shall be of any of the said colonies and plantations, or any other, which shall traffick to the said colonies and plantations, or any of them, shall at any time or times hereafter, transport any wares, merchandises, or commodities, out of any our dominions, with a pretence to land, sell or otherwise dispose of the same, within any the limits and precincts of any the said colonies and plantations, and yet nevertheless, being at sea, or after he hath landed the same within any of the said colonies and plantations, shall carry the same into any other foreign country, with a purpose there to sell or dispose of the same, without the licence of us, our heirs, and successors, in that behalf first had and obtained; that then, all the goods and chattels of such person or persons, so offending and transporting, together with the said ship or vessel, wherein such transportation	Penalty for carrying goods, &c. destined for the colonies to any other places.

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was made, shall be forfeited to us, our heirs, and successors.       XVII. Provided always, and our will and pleasure is, and we do hereby declare to all Christian kings, princes, and states, that if any person or persons, which shall hereafter be of any of the said several colonies and plantations, or any other, by his, their or any of their licence and appointment, shall, at any time or times hereafter, rob or spoil, by sea or by land, or do any act of unjust and unlawful hostility, to any the subjects of us, our heirs, or successors, or any the subjects of any king, prince, ruler, governor, or state, being then in league or amity with us, our heirs, or successors, and that upon such injury, or upon just complaint of such prince, ruler, governor or state, or their subjects, we, our heirs, or successors, shall make open proclamation, within any of the ports of our realm of England, commodious for that purpose, that the person or persons, having committed any such robbery or spoil, shall, with the term to be limited by such proclamations, make full restitution or satisfaction of all such injuries done, so as the said princes, or others, so complaining, may hold themselves fully satisfied and contented; and that, if the said person or persons, having committed such Robbery or spoil, shall not make, or cause to be made, satisfaction accordingly, within such time so to be limited, that then it shall be lawful to us, our heirs, and successors, to put the said person or persons, having committed such robbery or spoil, and their procurers, abetters, or comforters, out of our allegiance and protection; and that it shall be lawful and free for all princes and others, to pursue with hostility the said offenders, and every of them, and their and every of their procurers, aiders, abetters, and comforters, in that behalf.	1606. Ap'l 10th. 4th James 1st. First charter to Sir Thomas Gates and others. Robberies, &c. to be punished.
XVIII. And finally, we do, for us, our heirs, and successors, grant and agree, to and with the said Sir Thomas Gates, Sir George Somers, Richard Hackluit, and Edward-Maria Wingfield, and all others of the said first colony, that we, our heirs, and successors, upon petition in that behalf to be made, shall, by letters, patent under the great seal of England, give and grant unto such persons, their heirs, and assigns, as the council of that colony, or the most part of them, shall, for that purpose nominate and assign, all the lands, tenements, and hereditaments, which shall be within the precincts limited for that colony,	Lands to be granted in free and common soccage, in the first colony.

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as is aforesaid, to be holden of us, our heirs, and successors, as of our manor of East-Greenwich, in the county of Kent, in free and common soccage only, and not in capite:       XIX. And do, in like manner, grant and agree, for us, our heirs, and successors, to and with the said Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham, and all others of the said second colony, that we, our heirs, and successors, upon petition in that behalf to be made, shall, by letters patent under the great seal of England, give and grant unto such persons, their heirs and assigns, as the council of that colony, or the most part of them, shall, for that purpose, nominate and assign, all the lands, tenements, and hereditaments, which shall be within the precincts limited for that colony, as is aforesaid, to be holden of us, our heirs, and successors, as of our manor of East-Greenwich in the colony of Kent, in free and common soccage only, and not in capite.	1606. Ap'l 10th. 4th James 1st. First charter to Sir Thomas Gates and others. Lands to be granted in free and common soccage in the 2d colony.
XX. All which lands, tenements, and hereditaments, so to be passed by the said several letters patent, shall be sufficient assurance from the said patentees, so distributed and divided amongst the undertakers for the plantation of the said several colonies, and such as shall make their plantations in either of the said several colonies, in such manner and form, and for such estates, as shall be ordered and set down by the council of the said colony, or the most part of them, respectively, within which the same lands, tenements, and hereditaments shall lye or be; although express 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 Sir Thomas Gates, knight, Sir George Somers, knight, 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 statue, act, ordinance, 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 witness whereof, we have caused these our letters to be made patents; witness ourself at Westminster, the tenth day of April, in the fourth year of the reign of England, France, and Ireland, and of Scotland the nine and thirtieth. Lukin Per breve de privato Sigillo.	Lands passed by these patents assured by the patentees.

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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 collonies 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 lawse of England, and the equity thereof as may be, and to passe under our seale, appointed 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 nomination of us, our heires and successors, and att our and their will and pleasure, and the same councel of Virginia, or the more part of them, for the time being shall nominate and appoint the first several concellours of those several councells, which are to be appointed for those two several collonies, which 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, unless he shall in the mean time dye or be removed from office; and wee doe further hereby establish and 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, so alwaies, as they shal not be above thirteen of either of the said councellours, and we doe establish and ordaine, that the president shal not continue in his office of presidentship above the space of one year; and wee doe specially 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

1606. Nov. 20th. 4th James 1st. Instructions, &c. for the 2 colonies of Virginia.       Councillors, how nominated.       Each council to choose a president; his continuance in office. Vacancies, how supplied. Christian religion to be preached among the colonists and the savages.

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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, with all 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 within the precincts aforesaid, shal be had and inherited and injoyed, according as in the like estates they be had and enjoyed by the lawes within this realme of England; and that the offences of tumults, rebellion, conspiracies, mutiny and seditions in those parts which may be 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

1606. Nov. 20th. 4th James 1st. Instructions, &c. for the 2 colonies of Virginia.       Penalty for withdrawing any of the people from their religion or allegiance.       How lands to descend and pass. How certain offences to be punished. Trial by jury.

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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 and 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 he had been bound 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 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 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 our 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 or his or their collony, that then every such offender or offenders shall be tried and punished as aforesaid within his or their proper collony; 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 witnesses upon oath; and that in all those cases the said president and councel, and

1606. Nov. 20th. 4th James 1st. Instructions, &c. for the 2 colonies of Virginia. Judgment on standing mute, or by confession. President and council to pronounce judgement. Reprieve by the President and council, −−− pardon by the king. Offenders to be tried in their colony. President & council to have power to hear and determine all civil causes.

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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 and councell, 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 and councel, shall have power and authority, by virtue of these presents, to punish all manner of excess, through drunkennesse or otherwaise, 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, concerning the judicial proceedings afore said, that the same shall be made and done summarily, and verbally without writing, until it come to the judgment or sentence, and yet nevertheless our will and pleasure is, that every judgment and sentence hereafter to be given in any 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 registered into a book, to be kept for that purpose, together with the cause for which the said judgment and sentence, so 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 first landing upon the said coast of Virginia and America, trade together all in one stocke or devideably, but in two or three stocks at the most, and bring not only all the fruits of their labours there, but alsoe all such goods and commodities which shall be brought out of England, or any other place, into the same collonies, into severall magazines or store houses, 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

1606. Nov. 20th. 4th James 1st. Instructions, &c. for the 2 colonies of Virginia. To punish excesses & drunkenness. How judicial proceedings to be entered. How the colonists are to trade for the first 5 years.

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there shall be chosen there, 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 collony 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 severall 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 reasonable 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 ever of the said colonies and plantations elected and chosen yearely during the said terme of five years, by the president and councell 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 registered and entred all such goods, wares, and merchandizes, as shall be received into the several magazines or storehouses within that collony, 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 store-houses of that collony, which clarks shall continue in their said places but att the will of the president and councell of that colony, whereof he is or of the major part of them; and that every person or 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

1606. Nov. 20th. 4th James 1st. Instructions, &c. for the 2 colonies of Virginia. Cape-merchant. Clerks. Books. Magazines. Companies.

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of three persons att the least who shall be resident att or neer London, or such other place, and places, as the councell 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 an accompt of all such goods, wares, and 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 at, 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 councell 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, and account of all such goods, wares, merchandizes and other things, which shall be sent from thence from 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 no 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 managed to, and from such ports and 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 Councell of each of the said colonies, and the more part of them respectively shall and may lawfully

1606. Nov. 20th. 4th James 1st. Instructions, &c for the 2 colonies of Virginia. Adventurers in the second colony may within five years elect out of themselves one or more companies. Their power and duty. Colonists to take certain oaths. President and council.

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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, and 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 said 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 shall 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 order, rule 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 and 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

1606. Nov. 20th. 4th James 1st. Instructions, &c. for the 2 colonies of Virginia. May pass ordinances, &c. Must promote civilization among the Indians. Provision for further ordinances, &c.

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of England, shall be in that behalf limited and 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 as well 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 shall 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 witnesse, &c.

1606. Nov 20th. 4th James 1st. Instructions, &c. for the 2 colonies of Virginia. Councillors to take an oath.

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An Ordinance and Constitution enlarging the number of our Councel for the two several Colonies and Plantations in Virginia and America, between thirty four and forty five degrees of northerly latitude, and augmenting their authority, for the better directing and ordering of such thins as shall concerne the said Colony.	1607. March 9. 4th James 1st.
[From a MS. record book in the Land-Office of Virginia −−− Book No. 2.]
JAMES, by the grace of God, &c. Whereas wee by our letters patents, under our great seale of England, bearing date the tenth day of April last past have given lycence to sundry our loving subjects, named in the said letters patents, and to their associates, to deduce and conduct two several colonies or (a) plantations of sundry our	Recital
VARIOUS READINGS.
(a) "And" in the ancient records relating to Virginia. These are contained in three large folio volumes, MS. which were purchased by William Byrd, Esq. of Westover, at the sale of the library of the earl of Southampton, who, for many years, was president of the London Company. They are a rich mine of information, and seem to have been compiles, without much regard to method, for the express purpose of forming materials for a history of Virginia. That they are a compilation, is obvious from several circumstances; first, that the orthography of the age, the events of which are recorded, is not preserved; secondly, that in some instances, blanks are left for words, which it is presumed were so obliterated in the original, that the transcriber could not make them out; and thirdly, that the papers are not arranged in chronological order. But with respect to their authenticity there can be no doubt. It is well known that Col Byrd was long engaged in collecting materials for some future historian of Virginia; and the respectable source from which these papers were derived, forbids the idea of their being spurious. Besides, as far as we have had an opportunity of comparing them with cotemporaneous papers either printed or manuscript, they agree as nearly as could be expected. These volumes contain minutes of the proceedings of the London Company, and an epitome of the legislative and judicial acts of the constituted authorities in Virginia, so far at least, as they were then extant, which were regularly transmitted to England. The late John Burk, Esq. who had completed three volumes of the History of Virginia when he was snatched way by a premature death, was favored with the use of these manuscripts by John Randolph, esquire, into whose hands they had fallen. Mr. Burk made frequent reference to them, in the course of his work, and reserved for a general appendix, all the most important papers. They are now in the possession of Skelton Jones, Esq. who has undertaken to complete the History of Virginia, left unfinished by his predecessor. From the well known talents of this gentleman, and his celebrity as a writer, the public, it is believed, will have no cause to regret the change of historians, notwithstanding the deservedly high reputation of Mr. Burk as an author.	Ancient Record.

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loving people, willing to abide and inhabit in certaine parts of Virginia and America, and divers preheminences, priviledges, authorities and other things as in and by the said letters patents more particularly it appeareth; and whereas wee, according to the effect and true meaning of the said letters patents, have, by a former instrument signed with our hand and signe manuel, and sealed with our privy seal of our realme of England, established and ordained, that our trusty and wel beloved Sir William Wade, knight, or Lieutenant 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 our citty of London, Sir William Rumney, knight, John Dodderidge, Esqr. (b) our solicitor general, Thomas Warr, Esq. Jo'n Eldred of our city of London, merchant, Thomas James of our citty of Bristol, merchant, and James Bagge of Plymouth, in our county of Devon, merchant, should (c) be our councel for all matters which should (c) happen in Virginia or any territories of America aforesaid, or any actions, businesse or causes, for and concerning the same, which councel is from time to time to be increased, altered, or changed att the nomination of us, our heires and successors, and att our ant their will and pleasure; and whereas our said councel have found by experience, their number being but fourteen in all, and most of them dispersed by reason of their several habitations far and remote the one from the other, and many of them in like manner far remote from our citty of London, where, if need require, they may receive directions from us and our privy councel, and from whence instructions and directions may be by them left and more readily given, for the said colonies, that when very needful occasion requireth, (b) there cannot be any competent number of them, by any meenes be drawne together for consultation; for remedy whereof our said loving subjects of the several colonies aforesaid, have been humble suitors unto us, and have to that purpose offered unto our royal consideration, the names of certain sage and discreet persons, and having with the like humility entreated us, that the said persons	1607. March 9. 4th James 1st. Ordinance &c. enlarging the councils. Former councilors. Former councilors. Their number.
VARIOUS READINGS.
[b] "Knight," /I> ancient records.             [c] "shall," ancient records.       [d] The word "requireth" not in ancient records.

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or so many of them, as to us should seem good, might be added unto them, and might (during our pleasure) be of our councel for the foresaid colonies of Virginia, wee therefore, for the better establishing, disposing, orderring and directing of the said several colonies, within the degrees aforesaid, and of all such affaires, matters, and things, as shall touch and concerne the same, doe by these presents signed with our (e) hand and signe manuel, and sealed with our privy seale of our realme of England, establish and ordaine, that our trusty and well beloved Sir Thomas Challonor, knight, Sir Henry Nevil, knight, Sir Fulks Grevil, knight, Sir Jo'n Scot, knight, Sir Robert Mansfield, knight, Sir Oliver Cromwell, knight, Sir Morrice Berkeley, [f] knight, Sir Edward Michilbourne, knight, Sir Thomas Holcroft, knight, Sir Thomas Smith, knight, clerk of our privy councel, Sir Robert Kelligrew, knight, Sir Robert Croft, knight, Sir George Kopping, knight, Sir Edwyn Sandys, knight, Sir Thomas Row, knight, and Sir Anthony Palmer, knight, nominated unto us by and on the behalfe of the said first colony; Sir Edward Hungerford, knight, Sir Jo'n Mallet, knight, Sir John Gilbert, knight, Sir Thomas Freake [g] knight, Sir Richard Hawkings, knight, Sir Bartholomew Mitchel, knight, Edward Seamour, Esq. Bernard Greenville, Esq. Edward Rodgers, Esq. and Matthew Sutcliffe, Doctor of Divinity, nominated to us by and on the behalfe of the said second colony shall, together with the persons before named, be our councel for all matters, which shall or may [h] conduct to the aforesaid plantations, or which shall happen in Virginia or any the territories of America, between thirty-four and forty-five degrees of northerly latitude from the æquinoctial line, and the Islands to the several colonies limited and assigned. That is to say, the first colony, from thirty-four to forty-one degrees of the said latitude, and the second colony between thirty-eight and forty-five degrees of the said latitude and our further will and pleasure is, and by these presents for us, our heires and successors, wee doe grant unto our said councel of Virginia, that they or any twelve of them	1607. March 9. 4th James 1st. Ordinance &c. enlarging the councils. Additional councillors nominated by the 1st colony. By the 2d. colony. Any 12 may act.
VARIOUS READINGS.
[E] "Our," not in ancient records.       [f] "Barthley," ancient records.       [g] "Freale," ancient records.       [h] "May and shall,", ancient records.

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att the least for the time being whereof six att the least to be members of one of the said colonies, and six more att the least to be members of the other colony, shall have full power and authority, to ordaine, nominate, elect, and choose any other person, or persons at their discretion to be and to serve as officer or officers, to all offices and places, that shall by them be thought fitt and requisite for the businesse and affaires of our said councel, and concerning the plantation or plantations aforesaid, and for the summoning, calling, and assembling of the said councel, together when need shall require, or for summoning and calling, and assembling of the councel, together when need shall require, or for summoning and calling before the said councel, any of the adventurors, or others which shall passe on (i) unto the said several colonies to inhabit or to traffick there or any other such like officer, or officers, which in time shall or may be found of use, behoofe or importance into the (k) councel aforesaid (l) councel aforesaid (l) [And the said council or any twelve of them as is aforesaid shall have full power and authority from time to time to continue or to alter or change the said officers and to elect and appoint others in their roomes and places, to make and ordain acts and ordinances for the better ordering disposing and marshalling of the said several colonies and the several adventurers or persons going to inhabit in the same several colonies, or of any provision or provisions for the same, or for the direction of the officers aforesaid, or for the making of them to be subordinate or under jurisdiction one of another, and to do and execute all and every of their act and things which by any our grants or letters patents heretofore made they are warranted or authorised to do and execute so as always none of the said acts and ordinances or other things be contrary or repugnant to the true intent and meaning of our said letters patents granted for the plantation of the said several colonies in Virginia and territories of America as aforesaid, or contrary to the laws and statutes in this our realm of England, or in derogation of our prerogative royal. Witness ourself at Westminster, the ninth day of March, in the year of our reign of England, France and Ireland the fourth, and of Scotland the fortieth, &c.]	1607. March 9. 4th James 1st. Ordinance &c. enlarging the councils. Their power. May change their officers.
VARIOUS READINGS.
[I] "Over" −−− Ancient records.       [k] "The" omitted in ancient records.       (l) From the beginning to the word "aforesaid" is taken from a MS> Record-Book in the land-office of Virginia; the remainder, from the ancient records of Virginia, before mentioned in note (a).

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