University of Virginia Library

CVII. Indenture assigning Sir William Throckmorton's Share of
Berkeley Hundred to William Tracy
May 7, 1620

[100] This Indenture made the seventh day of May. 1620. in the xviijth yeare
of the raigne of our sou9aigne lord king James of England ffrance and Ireland
and of Scotland the liijth Betwene Sr Wilɫm Throkm9ton of Clowerwall in
the County of Glouc̃ knight and baronet of the one p̱te And Wilɫm Tracy

of Hayles in the said county Esq̢ of the other p̱te. Wheras the said
Sr Wilɫm Throkm9ton Sr George Yardley knight Richard Berkley Esq̢
George Thorpe Esq̢ and John Smyth geñ. did p̳cure from the Treasorer
and company of Adventurers and planters of the city of London for the
first Collony in Virginia by the advise and consent of the Counsell of the
same One Indenture of Covenants and grants sealed wth their Comon
seale bearinge date the third day of ffebruary in the xvjth yeare of his
maties said raigne of England and of Scotland the lijth for their better
enablinge and incouragement for plantac̃on in Virginia aforesaid And for
dyu9s other causes purposes and intents As in and by the same Indenture
more at large it doth and may appeare. And whereas in pursute of the
said Indenture of Covenants and of the intents and purposes aforesaid
one ship was in September last past sent for the causes aforesaid from the
port of Bristoll into Virginia at the sole charges of them the said Sr Wilɫm
Richard Berkley George Thorpe & John Smyth wth forty p̱sons or ther-
abouts furnished at their charges wth all things necessary and convenient
for plantac̃on, whose safe arryvall in Virginia is from thence certifyed by
the gou9nor and secretary of the said land of Virginia. Nowe this Inden-
ture witnesseth that the said Sr Wilɫm Throkm9ton for and in Considerac̃on
of the some of 75ñ of lawfull mony of England well and truly before hand
payd by the said Wilɫm Tracy wherof the said Sr Wilɫm Throkm9ton doth
acknowledge the receipt by theis p̢sentℯ And for dyu9s other good causes
and considerac̃ons him theirvnto especially movinge hath given granted
assigned and set over And by theis p̢entℯ doth give grant assigne and set
over vnto the said Wilɫm Tracy his executors admrs and assignes All and
singuler the interest benefit p̳perty and advantage whatsoever wch he the
said Sr Wilɫm Throkm9ton nowe hath or by any wayes or meanes whatsoeu9
shall or may have or make of from by or by reason of the said Indenture
or of any grant [101] clause covenant sentence or agreement therin contayned
eyther for the p̢sent or hereafter to come, And also of in and to all and
every Article covenant grant and agreement at any tyme heretofore any
manner of wayes had or made by or betwene them the said Sr Wilɫm
Throkm9ton Sr George Yardley Richard Berkley George Thorpe and John
Smyth and one John Woodleefe or any some or more of them. And all
and whatsoever benefitt profit power authority or advantage that any
manner of wayes shall or may or should or might happen accrewe or arise
thereby or by reason reason therof to him the said Sr Wilɫm Throkm9ton his
executors or admynistrators of theis p̢sents were not or had not bene had
or made. And also all and every share and shares bill or bills of Adventure
priviledge power iurisdiction lands or Territoryes profits or comodyties
wch hee the said Sr Wilɫm Throkm9ton hath or may or might hereafter have
or p̢tend to have for or by reason of the same, Togeather also wth the said
Indentures and bill or bills of Adventure pryviledge or endowment. And
further the said Sr Wilɫm Throkm9ton doth hereby declare himselfe to be
contented and pleased (as far as in him lyeth) That the said Indenture
first recyted shall or may be surrendred and a newe to be taken wth omis-
sion of the name of him the said Sr Wilɫm Throkm9ton as to the said Wilɫm
Tracy and the residue of the p̱tners shall be thought fit. And further the
said Sr Wilɫm Throkm9ton doth hereby give power and authority to the
said Wilɫm Tracy his executors and assignes to aske receyve and take for
him and in his name to the sole vse and benefit of him the said Wilɫm
Tracy his executors admrs and assignes All and whatsoever goods m9chan-
dizes or profits wch eyther already are arryved or wch hereafter shall arryve
or come into the kingdome of England from the said land of Virginia, or
wch is are or shall bee in the said land of Virginia wherin the said Sr Wilɫm
is or shall be interessed And further doth hereby grant and assigne to the
said Wilɫm Tracy all the benefit advantage and demaund wch hee the said
Sr Wilɫm any wayes hath or may p̢tend to have of in or to any servant or
servants heretofore sent into Virginia as aforesaid, or of in or to any
Indenture or Covenant wherby all or any of such servants are or stand
bound to him the said Sr Wilɫm Joyntly or severally. And finally the said
Sr Wilɫm Throkm9ton doth hereby Covenant and promise to doe any other
or further Act for the better grantinge and transferringe over to him the
said Wilɫm Tracy his executors or assignes all or any thinge or thinges
whatsoever herein contayned or meant or intended hereby or by reason
hereof to be granted transferred covenanted convayed or [102] contayned,
or which may arise redowne or come to him by reason of any contract bar-
gayne or agreement made by or amongst them the said Sr Wilɫm Richard
George John Smyth and John Woodleefe or any of them or of or by their
p̱tenership. And for p̱formance of all and every the said Covenantℯ
agreements and p̢misses herein contayned the said Sr Wilɫm Throkm9ton
bindeth himselfe his executors and admrs to the said Wilɫm Tracy in the
penall some of threescore and ten pounds. In witnes wherof the p̱tyes
abovesaid to theis p̢sentℯ have Enterchangeably put their hands and
seales the day and yeare first above written.