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1Author:  Smith Margaret VowellAdd
 Title:  Virginia, 1492-1892  
 Published:  2006 
 Subjects:  University of Virginia Library, Text collection | UVA-LIB-Text 
 Description: Elizabeth, by the grace of God of England, France, and Ireland, Queene, defender of the faith, &c. To all people to whom these presents shal come, greeting. Know ye that of our special grace, certaine science, & meere motion, we have giuen and graunted, and by these presents for vs, our heires and successors doe giue and graunt to our trusty and well-beloued seruant, Walter Ralegh, Esquire, and to his heires and assignes for euer, free liberty & licence from time to time, and at all times for euer hereafter, to discouer, search, finde out, and view such remote, heathen, and barbarous lands, countreis, and territories, not actually possessed of any Christian prince, nor inhabited by Christian people, as to him, his heires and assignes, and to euery or any of them shall seeme good, and the same to haue, holde, occupy & enioy to him, his heires and assignes for euer, with all prerogatives, commodities, iurisdictios, royalties, priuiledges, franchises and preeminences, thereto or thereabouts both by sea and land, whatsoeuer we by our letters patents may grant, and as we or any of our noble progenitors haue heretofore granted to any person or persons, bodies politique or corporate; and the saide Walter Ralegh, his heires and assignes, and all such as from time to time, by licence of vs, our heires and successors, shal goe or trauaile thither to inhabite or remaine, there to build and fortifie, at the discretion of the said Walter Ralegh, his heires & assignes, the statutes or act of Parliament made against fugitiues, or against such as shall depart, remaine, or continue out of our Realm of England without licence, or any other statute, act, law, or any ordinance whatsoeuer to the contrary in any wise notwithstanding. Whereas Wee, by our letters pattents under our great seale of England, bearing date att Westminster, the tenth day of Aprill, in the year of our raigne of England, France and Ireland the fourth, and of Scotland the 39th, have given lycence to sundry our loving subjects named in the said letters pattents and to their associates, to deduce and conduct two several Colonies or plantations of sundry our loving people willing to abide and inhabit in certain parts of Virginia and America, with divers preheminences, priviledges, authorities and other things, as in and by the same letters pattents more particularly it appeareth, Wee according to the effect and true meaning of the same letters pattents, doe by these presents, signed with our hand, signe manuel and sealed with our privy seale of our realme of England, establish and ordaine, that our trusty and well beloved Sir William Wade, Knight, our 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 the citty of London, Sir William Rumney, Knight, John Dodderidge, Esq., Sollicitor General, Thomas Warr, Esqr., John Eldred of the citty of London, merchant, Thomas James of the citty of Bristol, merchant, and James Bagge of Plymouth, in the county of Devonshire, merchant, shall be our councel for all matters which shall happen in Virginia or any the territories of America, between thirty-four and fourty-five degrees from the æquinoctial line northward, and the Islands to the several collonies limitted and assigned, and that they shall be called the King's 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 desposing of all causes happening within the same, and the same to be done for the substance thereof, as neer to the common lawes of England, and the equity thereof, as may be, and to passe under our seale, appointed for that councel, which councel, and every and 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 councellours of those several councells, which are to be appointed for those two several colonies, 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 meantime dye or be removed from the office; and we 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 shall be lawful 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 wee 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 president 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 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 doctrines, rights, and religion now professed and established within our realme of England. Captaine Martine, we are to request50 50request, McDowell. you upon sight hereof, with all convenient speed to repaire hither to James citty to treatt and conferre wth us about some matters of especial51 51especiall, McDonald. importance, wch concerns52 52concerne, McDonald and Bancroft. both us and the whole Colony and yourself. And of this we praye you not to faile. `Enacted by the Governor, Council, and Burgesses of this Grand Assembly, for God's glory and the public benefit of the Colony, to the end that God might avert his heavy judgments that are upon us, that the last Wednesday in every month be set apart for fast and humiliation, and that it be wholly dedicated to prayers and preaching, &c. First. It is agreed and cons ted that the plantation of Virginia, and all the inhabitants thereof, shall be and remaine in due obedience and subjection to the common wealth of England, according to the lawes there established, And that this submission and subscription bee acknowledged a voluntary act not forced nor constrained by a conquest upon the countrey, And that they shall have and enioy such freedomes and priviledges as belong to the free borne people of England, and that the former government by the comissions and instructions be void and null. First. That neither Governour nor councill shall be obliged to take any oath or engagement to the Common-Wealth of England for one whole yeare, And that neither Governor nor Councill be censured for praying for or speaking well of the King for one whole yeare in their private houses or neighbouring conference. "Whereas it appears by act of Assembly held at James Cittie in May, 1652, That it was agreed vpon and thought best by the then commissioners for the parliament, and the Burgesses of the then a sembly, That the right of election of all officers of this collony should be and appertaine to the Burgesses, the representatives of the people, Now know yee, That wee the present Burgesses of this Grand Assembly have a cordingly constituted and ordained the severall persons vnder written to be the Governour, Councill & Commissioners of this country of Virginia vntil the next Assembly or vntil the further pleasure of the supreme power in England shall be known. The Governour and Councill for many important causes do think fitt hereby to declare, That they do now disolve this present Assembly. And that the Speaker accordingly do dismiss the Burgesses. The Answer of the Burgesses to the declaration of the Honourable Governour and Councill. Vpon your assurance of a speedy issue to conclude the acts so near brought to a confirmation in this Assembly, wee are willing to come to a speedy conclusion, And to referre the dispute of the power of disolving and the legality thereof to his Highnesse, the Lord Protector: The House is vnanimously of opinion that the answer returned is vnsatisfactory, and desire with as much earnestnes as the honourable Governour and Councill have expressed, a speedy dispatch, and propose That the Governour and Councill please to declare. Vpon your promise received of the speedy and happy conclusion, wee revoke the declaration for the dissolution of the Assembly, and referre the dispute of the power of dissolving and the legality thereof to his Highnesse the Lord Protector. Wee have considered the present constitution of the government of Virginia and do propose, That wee find by the records The present power of government to reside in such persons as shall be impowered by the Burgesses (the representatives of the people) who are not dissolvable by any power now extant in Virginia, but the House of Burgesses. These are in the name of his Highnesse the Lord Protector to will and require you not to act orr execute any warrant, precept or command directed to you from any other power or person then the Speaker of this hon'ble. House, whose commands you are hereby required to obey and not to decline therefrom vntill further order from vs the Burgesses of this present Grand Assembly, hereof faile not as you will answer the contrary at your perill. Given 2d. Apr. 58. Act I. "Whereas the necessity of the country being in danger of the oppression company and the losse of our liberties for want of such an agent in England as is able to oppose the invaders of our freedomes and truly to represent our condition to his sacred majestie enforceth the employing a person of quality to present our grievances to his majesty's gracious consideration and endeavour the redresse which the right honorable Sir William Berkeley his majestyes governor hath been pleased to undertake. Bee itt therefore enacted that there be raysed by the country the some of two hundred thousand pounds of tobacco and cask for his the said Sir William Berkeley's support in his voyage; and that payment be made thereof by the 20th of January in Yorke river and James river to such persons as his honor shall appoint and that the secretary of state and speaker of the assembly signe a manifesto to the governor of the country's engagement for payment thereof."* *Hening's Statutes at Large, Vol. II., page 17. Att a Grand Assemblie, Holden at James Cittie by prorogation from the twentie third of March, 1660, to the twentie third of March 1661; and thence to the twentie third of December 1662, in the fourteenth year of the raigne of our soveraigne Lord, Charles the Second, by the grace of God, of England, Scotland, France and Ireland, King, defender of the faith, etc. To the glorie of Almightie God and the publique good of this his Majesties colonie of Virginia: "First.—We declare all due allegiance and obedience to our lawful Sovereign, George the Third, King of Great Britain. And we determine to the utmost of our power to preserve the laws, the peace, and good order of this Colony, as far as is consistent with the preservation of our constitutional rights and liberty. Copy sent the Governor, (Thomas Jefferson) on the 15th January, 1781. The general assembly of Virginia being well satisfied that the happiness, strength and safety of the United States, depend, under Providence, upon the ratification of the articles for a federal union between the United States, heretofore proposed by congress for the consideration of the said states, and preferring the good of their country to every object of smaller importance, Do Resolve, That this commonwealth will yield to the congress of the United States, for the benefit of the said United States, all right, title, and claim that the said commonwealth hath to the lands northwest of the river Ohio, upon the following conditions, to wit: That the territory so ceded shall be laid out and formed into states containing a suitable extent of territory, and shall not be less than one hundred nor more than one hundred and fifty miles square, or as near thereto as circumstances will admit: That the states so formed shall be distinct republican states, and be admitted members of the federal union, having the same rights of sovereignty, freedom and independence as the other states. It appearing to the General Assembly that Colonel William Fleming, being the only acting member of council for some time before the appointment of chief magistrate, did give orders for the calling out the militia, and also pursued such other measures as were essential to good government, and it is just and reasonable that he should be indemnified therein: Whereas, the Honorable the Continental Congress have published their proclamation, announcing the signature and ratification of the preliminary articles of peace between the several powers at war, and commanding the citizens of these United States to cease from any farther hostilities against his Britannic Majesty and his subjects, both by sea and land: "Everybody knows I have the highest opinion of you as an officer, and you know I love you as a friend; whatever may be your determination, to retire or continue in service, my affection will accompany you. I am, with esteem and affection, your most obedient humble servant, "Whereas it is shewn to the present General Assembly, that the government of the United States is solicitous that certain lands at Old Point Comfort, and at the shoal called the Rip Raps, should be, with the right of property and entire jurisdiction thereon, vested in the said United States for the purpose of fortification, and other objects of national defence,
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