University of Virginia Library

CDXVII. Captain John Bargrave. A Form of Policy for
Virginia[417]
Before December 7, 1623

A FORME OF POLISIE TO PLANTE AND GOVERNE MANY FAMILIES IN VIRGINEA,
SOE AS IT SHALL NATURALLY DEPEND ONE THE SOVERAIGNETYE
OF ENGLAND.

Whereas we aswell by our Letters Patentes
beareing date at Westminster the 10th daye of
April in the 4th yeare of our raigne, as by
diverse other Letters Patentes since that time
graunted, have given licence unto diverse of our
loveing subjectes named in those severall Pat-
entes, to conduce and conduct severell coloneys
of our loveing subjectes to abide in America,
within 34 and 45 degrees of the equinoctiall,
with diverse preheminences, liberties, and au-
thorities as by the sayde Patentes appeareth,
And whereas wee knoweing this derived author-
itie from us, to bee the efficient cause and the
speciall meanes wheareby wee shall attayne the
endes proposed to ourselfe for the undertakeing
of the sayde plantacions, did give likewise to-
geather with our first Patent certayne Articles
and Instructions, theareby settleing downe our
forme of government for the governeing of the
sayde severall plantacions fitted at that time to
those poore beginninges, and promiseing farther
that as the Plantacion should encrease within
the degrees aforesayde, Wee, our heires or
successours, would ordayne such farther instruc-
tions, lawes, constitutions, and ordinances, for

the better rule, order and governement of such
as shall make plantacion theare as to us our
heires and successours shall from time to time
bee thought fitt and convenient, limiteing our
selves onely to frame them in substance conso-
nant to the Lawes of England

And whereas wee have since contrarie to our
first proceedeinges beene induced by severall
Letters Patentes dated ... to ordayne and
institute severall orders of governementes, in
our southerne and northerne plantacions now
tearmed Virginea and New England, therein
applieing our selves to the desires (and as wee
feare the private endes) of the adventurers
heare, which layeing the groundes of their
governement accordeing to their private interest
and severall joyntestockes, have governed our
free subjectes in Virginiea as if they were their
servauntes, Wee knoweing thearefore, that thease
severall formes of governementes doe breede
distractions, as well amongst the adventurers
heare, as our loveing subjectes the personall
planters, and understandeing that the joynte-
stockes of the Southerne Plantacion (whereon
their governement heare by voices was founded)
is now spent and gone, and the plantacion dothe
subsist onely of the ould planters now made
free of severall private collonies, planted by
Patentees, and of diverse publique servauntes,
planted by the Collections and Lotteries,

And that the plantacion is now soe strong that
it is able to defend it selfe and fitt to put one
the face of a commonwealth, Wee (being the

politicke father of the whole and not lookeing
one [on] particulars in respect of it) considering
and knoweing that the perfection and happi-
nesse of a commonwealth, lyeth not soe much
in the spaciousnesse of it, but first and principally
in the governement, consisteing in the mutuall
duties of commandeing and obeyeing, next in
possessing thinges plentifully, necessarie for the
life of man, doe professe that next and im-
mediately after the honour wee shall doe to
God in converteing of the infidells to the knowl-
edge and worshippe of Him, we intend wholely
the good of our subjects: first to the planters
and adventurers, then to the planted, which
wee would have soe cherished that they may
prove planters themselves, and to that end
endeavoureing to cause both England and
Virginea, to endowe each other with their
benefittes and profittes that theareby layeing
aside force and our coactive power, wee may by
our justice and bountie marrye and combinde
those our provinces to us and our soveraignetye
in naturall love and obedience, Wee will make
this marriage our politicke and last end, to
teach us what are the meanes that conduce to
it, and to give both measure order and end to
them. To which purpose not suffering any one
to growe to greate, for feare of shaddoweing and
hindering the rayes of our Majestie to shine
over all, Wee will give to each planter advaunce-
ment in the governement, accordeing as hee shall
give farthorance thereto. In regard thearefore
this our soveraigne and uniteing power (and
the facullties theareof takeing theire roote
from our majestie in England) is to spread it
selfe amongst many aswell differing in condition

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412

as severed in distance and place, Wee (findeing
that nothing canne reduce this many into one
againe but forme) doe ordayne one setled and
imoveable forme, to governe all the plantacions
within the degrees aforesayde, which forme
being maturely deliberated, ever one and the same,
soe as wholely intendeing the end, it shall worke
noething but good theareto, wheareby yt shall not
onely serve as a medicine to cure all the malig-
nities that the plantacion doth naturally bring
with it, by reason of the distance of the place,
but it shall alsoe by waye of right and interest
procure us apt instrumentes for the form to
worke by, and prepare matter of apt condition
for it to worke one [on], soe farr forth, as if wee
laye the forme aright, to matter soe capeable
of it, wee may conclude that the properties of
the forme must of necessitie followe. The
matter thearefore whereone our forme must
worke being the people and the place, which are
to bee distinguished and divided, and our
soveraigne faculties limited to them by funda-
mentall lawes and order, Wee will first give
lawes and order to the people and then we will
appoynte them their places, fortifiecations, and
manner of spreadeing.

First thearefore that God maie the better give
a blesseing to our endeavours, wee doe strictely
charge and commaund all our presidentes,
councelles, magistrates, patriotes, governors,
and ministers within our sayde severall collonies,
respectively within their severall limittes and pre-
cinctes, that they with all diligent care and
respecet, doe provide that the true word and serv-
ice of God and Christian faith bee preached
planted and used, not onely within everie the

sayde severall collonies, but alsoe as much as
they may amongst the savage people, which
doe or shall adjoyne unto them, and border
uppon them, accordeing to the doctrine, rightes,
religion, and eclesiasticall forme of governement
now professed and established in England.

And because wee knowe that where Moses and
Aaron agree not there religion will not onely bee
scandalled but the soveraignetye must needes
goe to wracke, therefore wee doe ordayne that
whoesoever hee shall bee that shall refuse to bee
governed by our eclesiasticall government estab-
lished, he shall bee heald and esteemed as a
resister of our soveraigne power, commaundeing
all our administers of justice, whome it shall
concerne, not to suffer any person or persons to
remaine or abide within our sayde plantacions,
whoe shall professe any doctrine contrarie to
oures, or shall attempt to withdrawe any of our
people inhabiteing or which shall inhabite within
any of the sayde colonies and plantacions (or
any of the naturalls bordering one them) from
the same governement or from their due alle-
geance to us our heires and successours, which
persons soe often offendeing shall bee aprehended
and imprisoned, untill hee shall throughly re-
forme himselfe or otherwise where the cause shall
require it be banished Virginea and sent to
England heare to receave condigne punishment,
for his or their offence or offences.

And because wee are informed that some of the
former governores both heare and in Virginea
have contrarie to their patent, and our Royall
instructions which tyed them to make their
lawes consonant to the lawes of England, framed
and caused to bee printed a certayne tyrannicall

booke of governement, which being sent into
Virginea, and noe other supplies of foode or
apparrell sent either with them or within 3 or 4
yeares after them, wheareby many of you our
subjectes, being forced to breake them for wante
of foode and necessaries have misereablely lost
their lives or bene brought into slaverie, and
whereas this giveing life to lawes is one of the
highest poyntes of our soveraignetye given us
from God to benifitte not to destroye our sub-
jectes, wee shall hould our selfe guiltie of the
injurie done if wee should not see it extreemely
punished. And this being done in the face of
our majestie what may wee hope for soe farr of
[off] if it bee not narrowely looked unto. Being
therfore most jealous of our honour in that kinde,
wee doe straightely chardge and commaund
that noe instrument of our soveraigne power
shall dare to encroach uppon any parte of our
soveraignety, further then they shall bee war-
ranted by the councell of state, or by thease
our orders and lawes now sett downe, uppon
payne of hightreason. And to the end this lawe
shall bee the more strictely kept wee will give
the goodes of such offendoers to the publique
treasurie makeing the publicke both judge and
jurie of this offence as will after appeare.

Moreover because wee are fullye perswaided that
wee canne noe waye better attayne unto thease
our end designed then by planteing of many
private colonies, severed by distance and place,
Wee therefore doe especially chargde, commaund
and ordayne that all planters of what condition
soever they bee, shall enter their names and
subject themselves under the government of
some one coloneye or other, to bee governed

accordeing to the rules and orders by us now
sett downe uppon payne of being taken for
rebbels and outlawes.

And wee doe further charge and commaund
all our presidentes, councelles and magistrates,
within their jurisdictions, that onely the offences
of tumultes, rebellions, conspiracies, mutinies
and seditions, such as shall come to that hight,
that they shall prove dangerous to the state
theare, togeather with murders, manslaughters,
incest, rapes, and adulteries, togeather with
such offences as wee by thease our lawes and
orders, shall make fellonie or treason, to bee
committed in those partes within the precinct
of the degrees before mentioned, and noe other
offences, shall bee punished by death without
the benifitte of clergie, except in the cause of
manslaughter in which clergie is to be allowed.

It followeth now that we sett downe thease our
orders, degrees of councellers, magistrates, gov-
ernors, and all under officers belongeing to this
our forme, which falls out, first to devide all
our adventureours into two orders, severing such
as are free of our soyle and trade onely, from
them that are citizens and free of our governe-
ment.

Of the first order there are likewise 2 sortes,
servauntes that haveing served out their time,
and tenauntes that have estates in dependensie
of their masters and landlordes, togeather with
freedome of trade, but have noe shares.

The second sorte are such, whoe goeing one [on]
their owne charges they gayne a share, and like-

wise freedome of trade but are not citiezens till
they have not [?] carryed over 2 men.

The second order of adventurers are such whoe
appropriateing unto themselves their freedome,
their landes and their degrees by purchase, they
communicate either in the choice or participa-
tion of councells and magistracies and them wee
call our citiezens devideing them into 5 degrees.

The first degree is the patriot or patrition, they
are such as are first named patentees in the
particular plantacions of colonies, cities, and
corporations, thease shall bee such as haveing
good estates in England they shall carrie or
drawe over with them to the number of 300 men
as their parteners and adherences of whome they
must bee protectors and for whose good abeare-
ing they must bee pledges.

The second degree are such as are admitted to
bee of the order of governors by the patriot,
whose name being joyned in the patent, the
power of cheife governeing those colonies, if they
bee thereunto elected shall be graunted unto
them. Thease must likewise have estates in
England either in land, or money in banke, and
they must carrie over, or send, as many men, as
the patrition of the colonie and they canne agree
to have their names soe put in. The patrition
may alsoe at any time after admitte as many
into the colonie as hee please, they bringeing
men to him to encrease his colonie.

The 3rd. degree are such as shall bee maiores and
aldermen in the foresayde citties and corpora-
cions, and they shall carrie over sixe men.

The 4th. degree shall bee common councellors,
and they shall carrie over foure men.

The 5th. degree are commoners, and they shall
carrie over two men.

And if any one shall committe any act wheareby
his life and goodes shall bee forfeited to us,
though his life bee pardoned hee shall bee
suspended from his degree till hee hath brought
over a certayne number of men, accordeing to
the quallitie of his first degree, to restore him
to his sayde degree agayne.

Moreover wee ordayne that of all thease 5
degrees, the eldest sonne onely shall bee of his
fathers degree and the younger shall bee of the
degree belowe it except they canne rayse them-
selves by carrieing of of men.

And further wee ordayne that the meanest
servaunt that goeth (God soe blesseing him and
his endeavours, that hee canne purchase and
[an] estate in England or compasse to carrie over
or drawe over with him of his friendes and
adherences the number of 300 men) he may
become a lord patriot which is the greatest place
the commonwealth canne beare.

Now for the choice and election of our officers,
magistrates and governours, wee must beginne
at the lowermost degree, sc: the commoners that
carrie over 2 men they shall choose out of them-
selves the burrowehoulders, surveyours of the
high wayes, and such like officers. And out of
them that carrie foure men they shall like-
wise choose their common councellers, church-
wardens and such like officers. The common

councellers shall choose their aldermen and
shreiffe out of them that carrie 6 men. The
aldermen shall have a maior by turnes except
some greate disabillitie happeneth and then the
next in turne shall be maior. The Maior and
aldermen shall choose their governour either
out of them that bee admitted to bee of the
order of governours by the patrition, or the
patrition himselfe. The maior and aldermen
alsoe of [each] severall corporation shall have
power to choose out of their corporation one of
the order of governours or the patrition himselfe
to bee of the provinciall councell, which councell
being all chosen out of the patritions and the
order of governoures in everie province, and
consisteing of 5, 7, 9, 11, 13, or 15, they shall have
a monethly president by turnes, whoe haveing 2
voices, hee shall for his moneth call and breake of
[off] all assemblies, and untill the councell of
union bee compleate, wee give them the same
power, which wee doe give to our sayde councell
of union, makeing all theire decrees to stand as
lawe, till they are disanulled by us, by the gen-
erall parliament in Virginea or by the sayd
councell of union, when it shall bee compleate
and in force, accordeing to our order now sett
downe.

This councell of union being the most soveraigne
councell wee will tearme a Syncretisme or
councell of union with the councell of England
and this councell shall bee chosen onely out of
the patriotes of everie province, by a component
number of electours chosen out of the order of
governoures which are not patritions, one out
of everie particular corporation, which electors
shall bee chosen by the maior and aldermen the

major haveing the casteing voice, and thease
electoures shall choose, 4, 3, 2, or 1, out of everie
province as necessitie shall require. This coun-
cell shall have 3 monethly presidentes, by alternate
changes which untill wee have councellers wee
will shew the manner of it by letters thus
         

abc	aec	ahc	alc	aoc	acf	abo	abf	abi	ahm	apb	abd
def	dhf	dlf	dof	dbf	deb	dfg	dei	dem	dep	dec	deh
ghi	gli	goi	gbi	gei	gim	ghe	ghm	glp	gbi	gbf	ghk
klm	kom	kbm	kem	khm	klh	kmp	klp	khc	klf	kli	kmi
nop	npb	ncp	nhp	nlp	nep	nel	noc	nof	noi	nom	noa

Thus the councell being of 15teens, if you order
them in this sorte the same 3 men shall not in 5
yeares space meete togeather to bee presidentes,
whereas if they were to take their circularie
courses, without changes, they should meete
once everie 5 moneths

The presidentes being thus ordered their 3 voices
or two of them shall conclude all causes that shall
bee controverted by equall voices and not con-
cluded in the bodie of the councell, the eldest
counceller of which presidentes shall summon
and breake upp all assemblies, the number of this
councell must bee 7, 9, 11, 13 or 15 at the most
but in the minoritie of the plantacion 3 may serve
without any presidentes, the elder counceller of
the 3 to summon and breake of [off] the
assemblies.

And our will and pleasure is that (besides the
oath of our supremacie which all our subjectes
there shall be sworne to once everie yeare at the
least) there shall bee a particular oath framed, for
all thease councells to take, viz: that all their
decrees shall bee made aswell for the uniteing of
Virginea to the crowne of England as for the
combindeing of the members to the whole, and
that they will to their uttermost power en-
deavour to prevent all usurpation of encroach-
ment uppon our soveraigne authoritie whatso-
ever. Reserveing therefore to ourselfe our most
high absolute and perpetuall power of com-
maundeing and controuleing all, that thereby
our commissions and writtes of justice may
spread themselves over everie person, and in
everie place through our whole dominions there,
we doe graunt that this soveraigne councell, shall
have authoritie to unite in commaund, and to
appoynte the number of the forces, puteing the
power of commaundeing them into one of our
marshalls handes as cheife, to all by turnes, or to
each one severally as occasion shall require,
giveing them our sayde councell likewise au-
thoritie to proclaime warre and make peace with

the naturalls of the cuntrie, to taxe tributes as-
well for a treasurie for England as for Virginea,
to dispose of the treasurie in Virginea as the
councell in England have of the treasurie in Eng-
land, To make contractes with the king or com-
panie in England and consenteing with them
accordeingly to rate the prizes of comodities,
which shall bee sent hither or thither, to ap-
poynte the places where the forces and colonies
shall bee planted, to condemne and pardon, to
banish, to confiscate, to proscribe accordeing
to the laws ordayned, To call magistrates and
governours to accompt, and in case of necessitie
limiteing his time shorte and the place certayne to
institute any one man that shall have soveraigne
power as the dictatoures in Rome, and all this
their authoritie and all thinges they have done
theareby shall bee firme and of force till it be
disanulled by us and our councell in England.
This councell of union cannot be compleate, till
there bee 3 provinces. In the meane time the
provinciall councell shall serve the turne, wee
giveing them the sayde authoritie to excercise
and use within their owne provinces.

Now in regard the active and groweing quallitie
lyeth in the well foundeing of private families,
and collonies, wee (as a spurre to industrie,

sheweing that the heades of thease colonies are
sparkes derived from our hereditorie monarchie)
doe give and graunte unto them and their heires
for ever, the hereditorie commaund of the
soveraigne forces, limiteing them to use them
onely in their owne collonies and in the wastes
adjoyneing to them, except they bee authorized
to use them farther by the soveraigne councell
of union, and to the end they shall onely em-
ploye this our sword and forces to the sup-
porteing of our soveraignetye and the maine-
tenaunce of our justice theare, Wee will give
them for the reward of their service thease titles
and honoures followeing. The degree it selfe
because wee cannot give them better names,
they shall bee called Patriotes or patritions,
when they are 300 strong and planted abroade
then shall they bee tearmed knightes patriotes
with the title of Sir. When they have attayned
to bee 600 strong, at which number wee (in-
tendeing everie planter and servaunt to bee the
father of a familie) doe stente the colonies that
they shall not exceede above soe many families
(or that anoether colonie hath issued out of
them) our will and pleasure is that their sonnes
and heires shall bee then knightes patriotes and
they themselves shall bee Barrons and tearmed
lord patriotes, their wifes and other children
takeing their honoures and places accordeingly.
In time of peace they shall bee and have the
authoritie of our leiuetenauntes of sheires in
England, to appoynte the commaunders of our
men at armes, see them trayned, to looke to
their armes and watches. In time of warre they
shall bee charged with what number of men the
councell of state shall thinke fitt.

The patriot must bee allowed his leiuetenaunt
aswell in cases of disabillitie, by nonage or im-
potencie, or in their abscence either about the
busines of the state theare, or about their
private busienes in England, but these leiueten-
auntes shall bee chosen by the order of aldermen
out of the order of governoures the better to
give the sayde order of aldermen content.

And whereas the patriotes are the principalest ringleaders and greatest
adventurers, which carrie and drawe with them their freindes, kindred,
followers and adherence out of their naturall countrie to a place soe farr
remoate, to be protected governed and cherished by them, Wee doe there-
fore will and commaund all our sayde patriotes, loveingly carefully and
cheerefully to performe this their trust. And wee doe ordayne that after
admonition for being churlelish and negligent in that kinde, they shall
bee noted with a note of ignominie, if they shall not endeavour the helpeing
and protecteing any of their foresayde adherence, by all lawfull meanes
they may, and this wee charge as well all our presidentes councells and
marshalls to looke carefully unto, the rather to drawe the Indyans to the
like dependencye.

And wee doe further ordayne that from the time that the patriot shall bee
planted abroade, his estate of inheritance in England, togeather with his
honoures titles and inheritance in Virginea, shall bee soe united and made
one to him and his heires that he shall not sell the one without the other,
and that sale to bee made by the consent of our councell of union in Vir-
ginea and our Virginea councell in England, or the most parte of them
meeteing at their generall courtes and not otherwise. And if it happen
that the patriot doe dye leaveing noe heire male of his name then shall
it goe to the female and their heires. And the eldest daughter of the

patrition, and the heires that shall challenge by the female side and their
children shall beare the patriotes sirname, if they will inherite the sayde
honoures and landes, which if they shall refuze that then the nexte of the
kinde either by the father and then of the mothers side, takeing the
patriotes adopted sirname shall enjoye the sayde inheritance.

And because wee knowe howe dangerous it will bee to the state to suffer
thease greate honoures and inheritances, to bee conjoyned either by com-
binations, leagues, and marriages, wheareby some one familie may growe
monsterous in the state, thearefore wee doe establish and ordayne that noe
person planteing or inhabiteing within any of our provinces within the
degrees aforesayde shall make any leagues, combynacions or contractes
either by worde or writeing, or confirmeing them by oaths, offensive or
defensive, to the mainetenaunce of any faction whatsoever, uppon payne of
forfeiteing their goodes and lives as fellons, and to prevente the combindeing
and conjoyneing of thease honoures in one house by marriage wee doe
further ordayne that such eldest daughter or heire female as shall marrie
with any patriott, or the heire of a patriott, shall disinable herselfe from
inherriteing her fathers or predecessours patriotshippe thereby, except shee
marryeing of a husband soe inamored with her that he shall sell or give
away his owne partiotshippe and soe shall take the sirname of his wifes
auncester, he may by that meanes inable himselfe to inherite her honoures
and estate and soe by marryeing the inheritrix of the patriot, hee will bee
accompted a kinde husband, and that will be his portion. The principall
intent of frameing this lawe being that noe one subject shall either by
purchase or any other meanes unite the forces, theareby to inable himselfe
to bee stronger then any of his order.

But to the end that love may bee mayntayned, and that theise degrees
may not estrange the upper orders from the lower, wee wish that the heires
and eldest sonnes of the upper orders may marrie with the daughters of the
lower orders, soe to rayse their wives fortunes. And that the daughteres of
of the upper orders being heires may marrye with the sonnes of the lower
orders, makeing choice of the most vertuous, soe as vertue may advance
both men and woemen to marriages, and that all degrees may bee thereby
bound togeather in the bonde of love that none may be scorned but the
scorner.

To this end alsoe, although wee would not have you imitate the Irish in
their wilde and barbarous maners, yet wee will commend one custome
of theires unto you, which is that the poorer sorte sueing to gett the nurse-
ing of the children of the lordes and gentrie, and breedeing upp in their
minoritie as their owne, this breedeing, together with their custome, doth
begett anoether nature in them to love their foster children and brethren, as
if they were naturally bread of the same parentes, and they are accompted
most vile and base that shall neglect any good oportunitie to shew their
thankefulnesse and love thus begotten and bread betweene the riche and
poore.

And because wee will give all furtherance of the spreadeing of thease newe
collonies wee doe thearefore ordayne and appoynte that all such ser-
vauntes that shall be carried at the carge [charge] of any adventurer or
planter, both those servauntes that are soe carryed over and their ser-
vauntes, with their servauntes servauntes, shall bee tyed to plante in
consorteshippe with their first masters, and shall rise and remove with
them to plant a newe colonie when their foresayde masters shall bee
enabled by our forme thereunto. which shall bee after hee hath gayned
and [an] estate in England and is able to drawe over or carrie with him
300 men, leaveing the collonie hee was first planted in 300 strong or up-
wardes.

The next magistracie is the governour, him wee ordayne after the death of
the first patriott to bee annuall by election, but dureing the life of the first
patriott hee shall bee governour and afterwardes his heires shall bee honoured
as head of that order but shall not governe unlesse hee bee theareunto
chosen. The governours charge shall bee to see the lawes, decrees and
orders aswell in the publique governement of the colonie as in the private
families observed. hee shall controlle all men for breach of manners and
discipline, first giveing them private admonition and afterwardes publique
if they perscever in their misdemeanour. Hee togeather [with] the maior,
the shreife, the churchwarden, and one commoner chosen by the rest of
the commoners, the governour haveing the casteing voice, they shall have
power to indite for breach of lawes, and to suspend from degrees for breach
[of] manners accordeing as in their discretion shall be thought meete.

The next order that wee ordayne is the maior and aldermen, togeather
with the shreife, all which 3 orders in matters of triall of life and death,
wee ordayne that they shall bee tryed either by the councell of state or
the provinciall councell, the jurie that tryeth them being to bee of their
owne ranke and order, and in case where there are not soe many to bee
founde, they shall bee supplied out of the order and ranke next beneath
them.

And wee doe give as well to our provinciall councell as to this degree and
order the jurisdiction over all persons and degrees under their order, they
haveing some one learned in the law to direct them. And wee doe ordayne
that both our sayde severall councells and the sayde maiour and aldermen,
shall have full power and authoritie in theire jurisdictions to heare and
determine as well all capitoll as criminall causes, which in the precinctes of
their severall colonies or corporacions in manner and forme followeing
(that is to saye) by twelve honest and indifferent persons, as neere as
canne bee of the plaintifes and defendantes rankes and orders, then the
sayde juries to bee chosen indifferently out of both their orders, which
juries are to be returned by the marshalls, for the provinciall councell, and
by the shreifes for trialls in corporations, thease jurours being sworne
uppon the evangelist shall accordeing to their evidence to bee given unto
them uppon oath, and accordeing to the trueth in their consciences either
convicte or acquitte the persons accused and tryed by them, or shall trie
causes for matter of right, betwene the plaintife and defendaunt, guided
by their consciences and by evidence one oath delivered to them, wee
giveing authoritie to the provinciall councell and to the maiour and alder-
men, in either of their jurisdictions respectively to repreeve and put of [off]
execution of any one adjudged to dye, but wee will graunte noe power to
pardon death, to any but to our greate Councell of State.

Furthermore for the ordering of our under orders in thease our corporations
wee doe ordayne that everie alderman shall have his severall warde devided
to them accordeing as their number of citiezens encrease, and everie one
must have a common counceller under him as a deputie whoe must ap-
poynte under them everie tenne men a taskemaster chosen out of the
commoners, or of the best laboureers, thease must worke in the head of
their file, and giveing them good example must direct and over see them.

And the taskemasters and common councellers must weekely relate to the
governoures, whoe loytereth and whoe taketh paynes, and they must
be rewarded or punished accordeingly. Thease taskemasters and common
councellers in their wardes, must alsoe take care of all sicke persons, and
they must complaine of masters that abuse their servauntes, in suffering
them to want either foode or apparrell. All thease thinges must bee cer-
tiefied to the governour and hee must see it amended, for they and the
whole colonie as a bodie politicke, must make good to the state there and
heare all the covenauntes that the patriot, the governour, aldermen, one
common counceller or one commoner or 3 of them of the sayde colonie of
which the patriot or governour must bee one, shall undergoe to any ad-
venturer that sendeth servauntes thither, or any trades men that shall
trust them with wares, for such colonies as are raised there, they shall give
warrant under the seale of the colonye, before 5 of their councell there.
And the councell there sendeing their letters of credence to the councell
heare, they shall binde the colonie whome the letters concerne to performe
all covenauntes that they shall undergoe. Thease covenauntes must bee
acknowledged and sealed heare before the Treasurer and his deputie and
foure councellers, and then they must stand as a statute to binde and
make lyable all the goodes and persons of any personall adventurers in the
sayde colonies, the arest of them or their goodes to bee made either heare
or theare. The like shall bee done for all collonies that shall bee raised
heare, certificcate being made by the councell heare, of their warrauntes
acknowledged in courte, and this shall binde all their goodes and persons
theare to bee aunsweareable to any seasure that shall be made for not
performeing the covenauntes signed and sealed as aforesayde. This
assureance as well of their owne goodes they adventure as all the goodes of
that colonie wherein they adventure, will give such satisfaction to adven-
turers, that shall either have sonnes, brothers, or kindred that they meane to
doe good too, that they shall neede onely to lend them their adventurers
for, 5, 6, or 7 yeares, as the colonie and they canne agree, and then they
may have their moneys repayed.

Moreover because where the busienesse of the commonwealth is left to
manye, there everie one putteing it of [off] noething is donne, therefore
our Councell in England nominateing 9 persons (whome they shall thinke
meete) to us, wee will make choice of 3 of those 9 to bee principall magis-

trates planteing them in each province one, which shall have power to
see each magistrate, counceller patriot and governour to execute their
office, to see the lawes and orders observed, and to execute the decrees of
our councells as our shreifes doe in England. And thease being capeable
of the generall commaund of the forces throughout their severall provinces
when the Councell of State shall put the sword in their handes, they must
onely have power to censure indite and suspend, but hee must have noe
jurisdiction. Thease 3 magistrates having soe good alloweances as the
plantacion will afforde them, they shall settle their estates in England and
have noe estates in Virginea, everie one haveing certayne men allowed
them for their guard by the collonie, And houldeing their places for a
time limited by us and our Councell in England and removeing them from
province to province as wee shall thinke meete. Thease wee appoynte to
bee our marshall governour, and are to take their directions, both of take-
ing upp and layeing downe the sword accordeing to their commissions by
the councell of state in Virginea graunted and giveing ane accoumpte of
their actions to the sayde councell, at their comeing out of the feilde.

Furthermore wee considering that this greate power given amongst our
magistrates councells and governoures may (as wee have formerly shewed
in the lawe provided against the abuses of the sayde soveraigne power)
prove to bee the undoeing of our obedient subjectes that are to live under
it and bee commaunded by it, And soe may turne to the ruine of the com-
monwealth, Thearefore it concerneing the whole bodie politicke aswell as
everie particuler member, that it may bee the better looked unto, and the
more severely punished, wee doe ordayne a Syndex or magistracie, framed
out of the 5 orders or degrees, 3 a peece out of everie order, that shall soe
often as the generall parlament meetes have power to enquire, examine,
trye and adjudge (as neede shall require) all the greate councellers either
of the state or of the provinces, the patriotes, the governours, or any other
that shall have the administration of justice within any of our sayde
provinces or collonies. And whichsoever of them shall bee found guiltie
of oppression or the encroacheing farther uppon our soveraigne power then
to him or them or [is] limited by thease our orders, or warranted by our
councell of state, they shall have power to punish them accordeing to the
lawes, either with losse of life, goodes or banishment. The goodes of
which offendoures, wee will bestowe one [on] the publique, whoe haveing

caught the wolves and stripped them shall have the fell for their paynes.
Noe scentence must passe in this magistracie under 10 voices, none of
death under 13een. This magistracie must continue dureing the time of
the Parlament. Everie counceller or magistrate that shall bee ques-
tioned by this magistracie, must stand 8 dayes subject to this inquisition
and triall, in which time it shall bee lawfull for any man to accuse him,
and after wardes being acquitted he shall have a certificate under the
handes of thease magistrates, certiefieing his integritie in his place, which
may remaine by him as a merke of honour to him and his posteritie. To
choose this magistracie, there must bee a provinciall parlament called,
one out of each order of the 5 orders in everie corporation, which being
mette and the orders sorted and severed by themselves, they must write
everie one his name to whome they give their voices, and then the partie
out of everie order which hath the most voices must stand as choosen for
this magistracie. Thease magistrates shall bee called the Protectoures of
the commonwealth dureing the time of their magistracie.

To the purpose thearefore that wee may forthewith have thease our orders
lawes and forme of governement, put in execution, wee doe first charge
and ordayne that all our councellers in Virginea shall perswade and pre-
pare first and especially the ould planters and all other adventurers
that are planted there and have servauntes, to devide themselves into
consorteshipps of 30ties or 50ties to bee principall men in thease our par-
ticular collonies, and that they planteing themselves as neere one to the
other as may bee, will prepare houses for certayne other planters or serv-
auntes that shall be sent to them, of whome they shall take charge, they
being payed aswell for those their houses as for their undertakeing the
charge of servauntes, by them that shall enter or adventure into con-
sorteshippe with them. And that such our councellers, as have estates in
England or Ireland and such other of the planters as canne procure 300
men to joyne with them, to bee suretyes one for each other that within 7
yeares they shall purchase estates in England, to such a value as shall bee
thought meete. Thease shall be allowed to bee patriotes.

And wee doe farther will and charge our councell in England that they
give furtherance to all such as shall bee soe consorted, to supplie them with
planters that haveing estate heare may bee either patriotes or of the order

of governoures. And to cause adventurers that will onely send servauntes
thither to joyne with those ould planters, giveing them reward for their
paynes, and for such hundredes as are now planted onely with tenauntes
or servauntes, to cause the ould planters that are freehoulders to joyne
and plante with them, and likewise to send to them patriotes and gov-
ernoures that have estates in England, to plante amongst them, that the
ould planters may both helpe to instruct them and keepe them to their
laboures. And the colonie may bee aunsweareable, both to the state for
their allegeance and to the adventurers for their adventures and that they
will not graunt any farther patentes heareafter to any other but such as
shall bee enabled by this our forme to take them.

And in regard that our planters in Virginea may bee the better furthered
by the companye in England wee doe ordayne that everie collonie after
it is 300 strong shall appoynte 3 deputies of their principall adventurers
whome they best trust, resideing in or about London or Plimouth, whereof
one of them being nominated to bee the principall shall bee authorrized
to bee present at all consultations with the councell of Virginea and New
England, to consulte uppon the election of officers belongeing to the
courtes there, and about contractes with the King or companie about
auditeing the accomptes. The whole order and classis of thease men,
being tearmed the preconsulters, shall have a negative voice to staye
and hinder all thinges that shall bee prejudiciall to the planters in Virginea
giveing in their names, their consentes or their denialls for the matter
questioned in writeing, the other two deputies shall bee as agentes and
factors to buy and sell the goodes transported and returned to and from
Virginea.

An wee doe further charge our councell in Virginea, that in the interim
whilst thease thinges are doeing, they will send out certayne flatt bot-
tomed vessells to discover to the southward where the best places (most
especially for health) are to plant one [on], and that they will likewise
prepare long and large vessels flatt bottomed, like those they tearme flutes
in the Low Countries, that in transporteing our men they may laye drye
in them till their houses are made or built.

For the seateing and ordering thease severall plantacions because they
require a good judgement uppon the veiue of the place (there haveing

beene either none or verie slight discoveries in that kinde), wee must
leave it to the wisedome and judgement of you our councell in Virginea,
but wee knowing the manye inconveniences that doe heape themselves
together both uppon the plantacion and the governement in our planteing
in grosse, which noething but a potent domesticke enimye should enforce
us to, And considering that the naturalls of the cuntrie are soe weake,
that the strenght and largenesse of the cuntrie is soe greate, soe as by
the fortiefieing of the mouthes of the rivers and keepeing the center and
middle province of the plantacion strong, And knoweing that the devideing
of our forces in soe strong a cuntrie will bee a principall meanes not onely
to encrease the strenght of them by our retireing fightes from one collonie
to the other, tyering, debillitateing and anoyeing an assayleing enimie
and draweing them to all places of disadvantage, but alsoe to bee a speciall
helpe to the attayneing of all other our defined endes, Wee doe ordayne
therefore 3 provinces, a southerne, a middle, and a northorne province,
planteing our collonies in them, accordeing as wee shall finde the rivers to
lye, planteing not above 2 collonies one one river, One at the falls to make
bridges to coste the cuntrye, and anoether not farre of from the mouthes
of the sayde riveres, and they being noe farther of [off] in distance one from
the other but that they may second one the other in 3 or 4 dayes by land,
which manner of planteing and seateing them, will not onely bee and [an]
impulsive cause enforceing by necessitie the continuance of the governe-
ment by us now ordayned, but alsoe and [an], especiall meanes of gayneing
healthie places to plant one [on], a meanes to enlarge our dominions, a
meanes to encrease our navie, a meanes to discover the comodities of the
cuntrie, a meanes to make tame and civill the Indyans, a meanes to make
our commaunders the better agree, a meanes to keepe our collonies from
generall mutinies and oppresseing each other, a meanes to keepe them from
makeing leagues and aydeing each other agaynst the soveraigne councell,
a meanes to ballance one province and collonie by the other, a meanes to
make them joyne against anyone that shall rebell against the generall
governement, and finally a meanes to make the patriotes greate within
their owne collonies and wastes adjoyneing to them, thus planteing them
and equalling them in number, seateing, ordering, and fortiefieing them,
our religion, discipline, governement, eclesiasticall and civill, the ordering
of our families, and the tying of the naturall Virgineanes all to coheare
accordeing to our forme, everie thing will bee soe united and made one in
dependencie, as the essence and being of it shall naturally depend one our
soveraignetye.

Now because wee will shewe you that the duties of commaundeing and
obeyeing are mutuall, haveing hitherto endeavoured to winne you to a
loveing obedience of thease our lawes and orders sett downe in this forme,
as wee intend wholely for your good and advauntage, wee by waye of
retributeing our love for your obedience doe promise that heareafter if you
shall either finde out there groweing, or plante there any commoditie
that shall bee of necessarie use in any of our dominions, that then payeing
us our customes and impostes, and being able fullye to supplie us with
the sayde commodities, you shall have onely the bringeing them in. And
because wee knowe that this spreadeing and groweing quallitie doth
necessariely require a publique groweing stocke, in performance of this
our promise, wee doe give unto such as shall desire to plant estates in
England, the sole importation of tobaccoe, that you may plant estates
aswell in England as in Virginea, wee doe enjoyne you that if by restrayne-
ing it that it come not two fast into England, and by keepeing it in banke
heare, it shall prove worth 4 or 5 pounds, yee shall bee payde halfe of it in
Virginea in commodities and servauntes at easie and reasonable rates,
and the other halfe shall remaine in banke in England, in good handes
(you receaveing 6 in the hundredth) to imploye as you shall thinke meete,
The surplusage proffite above 4 or 5 being imployed as a treasurie for
the publique. Wee will order that there shall bee servauntes and cattle
equallie sent to the collonies, the benifitte of whome they shall have the
4th. parte of it for takeing the charge of them.

And because wee doe knowe that a sett and frugall habite is the best
meanes to advance a groweing commonwealth to the one that yee may
banish superfluitie and that everie degree may bee knowne by their hab-
bites, wee doe charge and commaund you to sett downe amongst yourselves
certayne frugall and inchangeable fashions, for each degree to weare,
giveing to the ould planters some noate of honour to distinguish them
from others.

And that this may bee the better donne, wee doe ordayne, that there
shall bee a megasine for the publique, the stocke whereof shall bee raised

out of the ould debtes and the fines of such as have abused the governe-
ment, which stocke shall still bee upheald and increased as the plantacion
increaseth aswell by the benifitte of retourne of commodities, as by one
4th. parte of the publique servauntes labours, by and [an] increase of
the 4th. parte of the cattell, and by a rent to bee reserved out of the landes
where the publique servauntes shall bee planted, when they are once made
free tenauntes.

We haveing thus not provided you a meanes to plant estates in England
but put you into the waye how it shall bee donne, our busienesse will bee
soe to order the seateing, fortiefieing and the manner of the spreadeing of
your collonies, that it maye bee for your healthes, and strengthening of
you, soe onely, as you may not strengthen yourselves against our publique
state. And because soveraigne seates are onely to bee used where the
person of the soveraigne hath his continuall abydeing, therefore wee doe
ordayne that noe colonie shall bee planted one [on] the mouth of any navie-
gable river, where the channels maye be commaunded or shall take any
soveraigne seate naturally strong to commaund both sea and land, but
shall leave the mouthes of all the riveres to bee fortiefied in that manner
the state shall thinke fitt, onely with small fortes bastions or bullworkes
that maye contayne 20 or 30tie men a peece, to handle their ordinaunce
to beate and commaund the channells. But because prepotencie is the
principall thing that you must all take heede of, dwarfes and gyantes
never agreeing well togeather in one familie, ranke or order, wee will leave
this to your cares whome it doth most especially concerne to looke unto it,
willeing and commaundeing you that noe peece of grounde within the
degrees before limited, shall bee taken and fortiefied, by any our subjectes
the planters theare, but first a commission shall bee directed to certayne
surveyoures some of which shall bee well experienced in fortifiecation, a
record being kept of the names of the commissioners, togeather with the
condition of the place, the quallitie, quantitie and manner of the forti-
fiecation by them all owed to bee made, that not onely thease commis-
sioners if they shall connive and suffer such fortes and places of advauntage
to bee taken and fortiefied may receave condigne punishment therefore,
but alsoe it may make all such planters as shall fortiefie contrarie to the
alloweance of the state to bee unexcuseable, which offence accordeing to
our lawes of England, wee doe ordayne that it shall bee fellonie.

Now for the manner of the fortiefiecation that they may bee all equall,
wee will and commaund that there shall bee one sett forme for all, and that
citties bee fortiefied with bricke and stone walls onely, not of any greate
thickenesse, but battalemented one the toppe, flanked without and tarrased
within more for comelynesse then strenght, planteing them either uppon
easie and accessable assentes, or else one levell groundes, by small rivers as
farre from marshes and ill aires as may bee, not suffering any to fortiefie
within gunneshott of the banke of any greate navigable river, neither one
collonie to plant one both sides theareof that they may not annoye either
those that plant above them, or such their neightboure collonies as shall
abutte againste them, but wee would have them plante one [on] such small
riveres as are fordeable, and wheare bridges may bee made to passe them,
there they shall plant one both sides, if the riveres bee not the boundes
bettwixte two collonies, in which cases none of the sayde collonies shall
plant within gunne shotte of them, the fisheing being common to both.
One [on] thease riveres if wee shall plant our townes in the middest, our
wastes and commons next and our cuntrie villages last, makeing them soe
strong as they maye bee sufficient defences agaynest the Indyans, and the
placeing those villages in and [an] orderlye distance one from the other,
everye planter that is but of 2 or 3 yeares standeing will knowe his station,
the manner of the fortiefiecation and buildeing aswell as the Romans
knew their campe. But for the manner of spreadeing and devideing our
collonies, wee will take example by King Alfridde whoe first devided Eng-
land into several sheires or sextions and appoynted over everie sheire and
[an] earle to commaunde his forces theare, which sheires hee alsoe devided
into lesser partes whereof some bee called Lothia [lathes?] of the Saxon
worde, which signiefieth to assemble, others he tearmed hundredes, because
those that commaund over them, had jurisdiction over a hundredth pledges,
others the tearmed tytheinges, soe named because there was in each of
them ten persons, whearein each one was suretye and pleadge for the others
good abeareing, and whatsoever hee was that was not of creddite to bee
receaved into one of thease tytheinges hee was either subject to the marshall
law, or else committed to prison and there made worke like and [an] idle
droane. if this course bee now taken in Virginea and that the Indyane
within the wastes adjoyneing to the collonies, were by your gentle usage
drawne into thease polliticke orders, whereby each collonie should have

their propper Indyans beelongeing to them, whoe seeth not what greate
benifitte would arise to the plantacion theareby.