University of Virginia Library

CDLXI. James I. Commission to certain Lords of the Privy
Council and Others for settling a Government in Virginia

July 15, 1624[439]

James by the grace of God &c To our righte trusty and righte Welbe-
loved Cosen and Councellor Henry Viscount Mandevill͠e lorde Presidente of
our Councell and to our righte trusty and Welbeloved Wilɫm lorde Pagett
and to our right trusty and Welbeloved Councellors Arthur lord Chichester
Baron of Belfast Sir Thomas Edmondℯ knighte Tresorer of our Houshoulde
Sir John Suckling knighte Comptroller of our houshould Sir George
Calvert knight one of our principall Secretaries of state Sir George Conwey
knight one other of our principall Secretaries of State Sir Richart Weston
knighte Chauncellor and Vndertresorer of our Exchequer and Sir Julius
Cesar knighte Master of our Rollℯ and to our trusty and Welbeloved
Sir Humfry May knighte Chauncellor of our Duchye of Lancaster Sir
Baptiste Hickes knighte and Baronett Sir Thomas Smith knight Sir Henry

Mildmay knight Maister of our Jewelhouse Sir Thomas Coventrye knighte
our Attorney Gen9all Sir Roberte Heath §knight§ our Sollicitor Gen9all
Sir Ferdinando Gorges knighte Sir Roberte Killigrewe knight Sir Charles
Mountagu knight Sir Phillippe Carie knight Sir Francis Gofton knighte Sir
Thomas Wroth knighte Sir John Wolstenholme knight Sir Nathaniell
Riche knight Sir Samuell Argall knight Sir Humfry Handforde knighte
Mathewe Sutcliff d̴cor of Diuinitye and Deane of Exeter Francis White
d̴cor of Divinitye and deane of Carlile Thomas Fanshawe Esquier Clerke
of the Crowne Robert Johnson Alderman of London James Cambell
Alderman of London Raphe Freeman Alderman of London Morrice Abbott
Esq9 Nathaniell Butler Esquier George Wilmore Esquier Wilɫm Hackwell
Esquier John Mildmay Esquier Phillipp Jermayne Esquier Edward Johnson
Esquier Thomas Gibbes Esquier Samuell Wrote Esquier John Porey
Esquier Michaell Hawes Esquier Edwarde Palavicine Esquier Roberte
Bateman m9chante Martyn Bond m9chante Thomas Styles m9chante
Nich̴as leate m9chante Roberte Bell m9chaunte Abraham Cartwright
m9chaunte Richard Edwardℯ m9chaunte John Dyke m9chaunte Anthony
Abdy m9chaunte Wilɫm Palmer m9chaunte Edward Ditchfeild George Mole
m9chaunte and Richard Morer greeting Whereas heretofore at the humble
suite [and requeste] of divers our loving subiectℯ intending to deduce a Colony
and to make h̴itac̃on and plantac̃on of sundry our people in that parte of
America comonly called Virginia and other partes and territories in America
Wee greatly com̃ending and graciously accepting theire desires to the further-
aunce of soe noble a Worke which might by the p̳uidence of Almightye God
thenafter tende to the glory of his Maiestye in p̳pagating religion to such
people as then lived in darkenes and miserable ignorance of the true
knowledge and Worshippe of God and might in tyme bring the Infidellℯ
and Savages in those partes to human Civilitye and to a setled and quiett
government did by our ɫres Patentes in the fourth yere of our raigne of
Englande graunte to diu9s knightes gentlemen and others for the more
speedy accomplishmente of the said plantac̃on That they should devide
themselues into twoe Colonies the one consistinge of divers knightes
gentlemen m9chauntes and others of our Cittye of London called the firste
Colony and the other of §sundrie§ knightes gentlemen and others of the
Cittyes of Bristoll and Exeter the towne of Plymouth and other places
called the seconde Colony And Wee did by the same ɫres Patentes graunte
that the said Collonyes might make theire plantac̃ons and h̴itac̃ons in
c̃tayne places in the same ɫres Patentes expressed. And [wee] did thereby
alsoe graunte that the said Collonies should have divers landes groundes
havens portes comodities and hereditamentes and divers priuileges and
lib̴ties for theire quiett setling and good goverment in the saide plantac̃ons
In and by which ɫres Patentes Wee did declare our pleasure that Wee our
heires and successors Would from tyme to tyme ordeyne and give such
further instrucc̃ons lawes constituc̃ons and ordinances for the better rule
and goverment of such as so should make plantac̃on there as to vs our
heires and successors should from tyme to tyme be thought convenyent
And whereas Wee according to the effecte and true meaneing of the saide
ɫres Patentes did by seũall ɫres vnder our privy Seale p̢scribe and give
orders ordinances and constituc̃ons for directing and ordering the affayres
of the same first Colony And whereas afterwardes vpon the petic̃on of
divers of our loving Subiectℯ aswell adventurers as planters of the saide
first Colony Wee did by our ɫres Patentes in the seaventeenth[440] yere of our
raigne menc̃on to incorporate divers noble men knights gentlemen and
others therein p̱ticulerly named and all others that shoulde be admitted
to ioyne with them by the name of Tresorer and Company of Adventurers
and planters of the Cittye of London for the firste Colony in Virginia
graunting vnto them divers landes territories and Countries in the saide
ɫres Patentes menc̃oned With p̱mision that they shoulde distribute con-
vey and assigne vnder theire Comon Seale such p̱ticuler porc̃ons of landes to
the said Adventurers and planters as vpon a Com̃ission of Survey to that
p9pose shoulde be named appointed and allowed And Wee did thereby
alsoe graunte that there shoulde be a Councell here residente for the
managing of the affaires of the saide Colonye with power to place and
displace officers and make lawes and ordinances for the govermente of
the saide Colonye and plantac̃on and the affaires of the Company and Wee
graunted vnto the saide Thesorer and Company and theire successors
divers powers liberties and autorities and afterwardes by our ɫres Patentes
in the nynth yere of our raigne of Englande Wee for the Considerac̃ons
therein expressed did further menc̃on to give to the saide Tresorer and
Company and theire successors divers other Islandes within the Ocean Seas
within the lymittℯ in the saide ɫres Patentes expressed With other powers
and authorities As by the said ɫres Patentes may appere And whereas
Wee out of our zeale and affecc̃on to the furthering of the saide Plantac̃ons
having still a Watchfull and careful eye to the same and finding the courses
taken for the setling thereof had not taken that good effecte which Wee
intended and soe much desired did by our Com̃ission lately graunted to
c̃taine p̱sons of quality and truste cause the state of the saide Countrie of
Virginia to be examyned howe yt stood aswell in pointe of livelyhood as
govermente and howe and in What manner the greate Somes of money
collected and intended for the good thereof had beene expended and dis-
bursed to the end yf good Cause were Wee might by our royall hande
supplye what shoulde be founde defective And whereas our Com̃issioners
after much care labour and paynes expended in execuc̃on of our saide
Com̃issions did c̃tifye vs that our subiectℯ and people sent to inhabite
there and to plante themselues in that Countrye Were most of them by
Godℯ visitac̃on sicknes of bodye famyne and by massacres of them by the
native Savages of the lande dead and deceased and those that Were living of
them lived in [miserable and lamentable necessitye and Wante but the
countrie (for any thing appered to the saide Com̃issioners to the contrary)
they conceived to be fruitfull and healthfull after our people had beene some
tyme there and that yf industrie Were vsed yt Woulde p̳duce many staple
and good comodities though as yet the sixteene yeres govermente nowe
past had yeilded fewe or none and that this neglecte they conceived must
fall on the governors and Company here Whoe had power to directe the
plantac̃ons there And that the saide plantac̃ons were of greate ymportance
and Woulde as they hoped remayne a lasting monumente of our most
gracious and happy govermente to all posterity yf the same were p̳secuted
to those endes for which they were first vndertaken And to that p9pose
that yf our first graunte herein menc̃oned and our most prudente and
princely instrucc̃ons given in the beginyng of the plantac̃on for the direcc̃on
of the affaires thereof by thirteene Councellors in Virginia and as manye
here all nomynated by vs had beene pusued much better effectes had beene
p̳duced then had beene by the alterac̃on thereof into soe populer a
course and amongst soe manye handes as then yt was which caused much
contenc̃on and confusion Whereupon Wee entering into mature and
delib̴ate considerac̃on of the p̢misses did by the aduise of the Lordes of our
Privie Councell resolue by altering the Charters and ɫres Patentes of the
saide Company as to the pointes of govermente Wherein the same might
be founde defective to settle such a course as mighte best secure the safety of
our people there and cause the saide plantac̃on to florishe and yet with
p̢servac̃on of the intereste of everie planter or Adventurer soe farre forth
as theire p̢sente int9estℯ shall not p̢iudice the publique plantac̃ons but
because the saide Thresorer and Company did not submitt theire Charters
to be reformed our p̳ceedingℯ therein were stayed for a tyme vntill vpon
a Quo Warranto brought and a legall and iudiciall p̳ceeding therein by
due course of lawe the saide charters are avoided Nowe forasmuch as Wee
are still resolued and det9myned to p̳ceed in the course Which Wee ever
intended for the good of the saide plantac̃on which our desire ys to effecte
and establish by a newe Charter to be made in such manner as shalbe
founde most convenyente for the gen9all good of the saide plantac̃on and
Colony and because the pointes of the saide Charter newly to be graunted
may be many and aswell in respecte of the nomber as of the nature and
consequence of them will require aduised considerac̃on and delib̴ac̃on
before yt be passed and much tyme care and paines must be taken therein
and yet the leaste delay may prove p̱ilous to the saide plantac̃ons and Col-
onye Which may suffer much inconveniency for Wante of good goverment
and direcc̃on yf in the meane tyme yt be not well ordered knowe yee
that Wee for the better p̳gression to the effecting of this our royall pleasure
and reposing assured truste and confidence in the vnderstanding care
fidelitye and circumspecc̃on of you the saide Lorde Presidente of our
Councell Lorde Pagett Lorde Chichester Sir Thomas Edmondes Sir John
Suckling Sir George Calverte Sir Edward Conwey Sir Richarde Weston
Sir Julius Cesar Sir Humfry May Sir Baptist Hickes Sir Thomas Smith
Sir Henry Mildmay Sir Thomas Conventrye Sir Roberte Heath Sir
Ferdinando Gorges Sir Robert Killigrewe Sir Charles Mountague Sir
Phillipp Carye Sir Frauncis Goston Sir Thomas Wroth Sir John Wolsten-
holme Sir Nathaniell Rich Sir Samuell Argall Sir Humfrye Handforde
Mathewe Sutcliff Franuncis White Thomas Fanshawe Rob̴te Johnson James
Cambell Raphe Freeman Morrice Abbott Nathaniell Butler George Wil-
more Wilɫm Hackwell John Mildmay Phillippe Germaine Edward Johnson
Thomas Gibbes Samuell Wrote John Porey Michael Hawes Edward
Palavicine Rob̴te Bateman Martyn Bonde Thomas Styles Nich̴as Leate
Roberte Bell Abraham Cartwright Richard Edwardes John Dyke Anthony
Abdye Wilɫm Palmer Edward Ditchfeilde George Mole and Richard Morer
have assigned and appoynted you to be our Com̃issioners And wee doe
hereby give vnto you or any six or more of you (whereof some of you the
saide Lorde Presidente of our Councell Lorde Chichester Sir Thomas
Edmondes Sir John Suckling Sir George Calverte Sir Edward Conwey Sir
Richard Weston and Sir Julius Cesar to be one) full power and authoritye
to take into your Consideracons the state of the saide Colony and plantac̃on
and to treate consulte and consider of all matters whatsoever conc9nyng
the saide Colony and plantac̃on aswell for the safety of the people there
strength of the place and govermente to be ex9cised there as for the manag-
ing of the busines and affaires thereof here in England and vpon delib̴ate
considerac̃on therevpon had to directe and settle all busines and affaires
conc9nyng the same in such manner and by such orders rules and direcc̃ons
and such good Wayes and meanes as you or any such sixe or more of you
as aforesaide shall for the p̢sente in your Wisdomes and discrec̃ons finde
most necessarie fytt and convenyente And to the end you may the better
be enabled to p̱forme the same Wee doe hereby give vnto you or any such
sixe or more of you as aforesaid full power and authoritye to putt in
execuc̃on and to doe p̱forme and execute according to your good discrecons
all every or any of the powers authorities privileges matters and thingℯ
whatsoever conc9nyng the saide Colony and plantac̃on and the Inhabitantes
planters and adventurers of in or vnto the same which by the aforesaide
ɫres Patentℯ or any of them Wee menc̃oned to be graunted to the said
Tresorer and Company or any of them or to the Tresorer and Councell
for the saide first Colonye or any of them or which they or any of them
might have done executed or p̱formed by v9tue of any our saide Charters
ɫres Patentes grauntℯ or instrucc̃ons whatsoever before the iudgmente
given vpon the said Quo Warranto and to take into your handes or into
the handes of such as you or any such sixe or more of you shall appointe
all such goodes Chattellℯ m9chandizes and money as are in the handes of
any p̱son or p̱sons for or conc9nyng the publique §vse§ of the saide Colony
and plantac̃on or either of them or of the said p̢tended Governor and Com-
panye And further to give order and direcc̃on for sending of supplye to
the saide Colony aswell by and out of the p̳ceed of the saide goodes m9chan-
dizes and money as by such other way or meanes as you or any such sixe
or more of you as aforesaide shall thinke fytt and convenyente And
further that you or any such sixe or more of you as aforesaide shall have full
power and authoritye by v9tue of theise p̢sentes to give direcc̃on for assem-
bling and calling together from tyme to tyme as occasion shall require the
adventurers or Planters to conferre with them of and conc9nyng such matters
and thinges as may any wise tend to the advauncemente furtheraunce or
setling of the saide plantac̃on and to appoynte Com̄ittees for the due
p̢parac̃on of such affayres of the saide Plantac̃on as to you or any such
sixe or more of you shall seeme meete and convenient And further Wee
doe by theise p̢sentes give like power and authoritye vnto you or any such
sixe or more of you to consulte consider of p̳pose and sett downe all
such matters and thinges as you in your Judgementes and discrec̃ons shall
thinke moste necessarie and convenyente for the setling and establishing
of the govermente of the saide Colony or plantac̃on and conc9nyng the
Planters and Adventurers and Inh̴itantes thereof and of the trade and
traders to and from thence and of all other thinges whatsoever requisite
for the vphoulding mayntenance increase and contynuance of the §same§
Colony or plantac̃on trade or traffique whiche may be necessarye to be
inc9ted[441] in the newe Charter by vs intended to be made for the good of the
saide plantac̃on and Colony And Wee doe hereby signifye and declare
that in case you in your p̳ceedingℯ vpon this Com̃ission shall vpon any
question or doubte which shall arise fynde yt requisite to c9tifie any of your
p̳ceedingℯ and praye ayde from vs or our privye Councell that then vpon
Certificate of such your p̳ceedingℯ and doubte vnto the Councell boarde
from whence Wee may receive informac̃on thereof Wee or our privye
Councell will give such direcc̃ons and assistance for further p̳ceedingℯ in
everie such case as shalbe most necessary and convenient And our further
Will and pleasure ys that yf any p̱son or p̱sons shall at any tyme or tymes
hereafter be willing to ioyne together in the raysing of any Magazin or
ioynte stocke to be sente vnto the saide Colony that in such case everie
such Adventurer soe by your consente and privity adventuring as aforesaide
shall have a free voice in the ordering managing and disposing of such
Magacyn or ioincte stocke or any thing conc9nyng the same And for
your better helpe and assistance in the exacte execuc̃on of this our pleasure
Wee doe by theise p̢sentes gyve vnto you or any such sixe or more of you
power and authority to take into your handes and Custody the seales of
the Tresorer Company and Councell of Virginia and to take into your
handes and to keepe and p̱use all and singuler such Charters ɫres Patentes
grauntes and instrucc̃ons as have by vs been heretofore made graunted or
given or menc̃oned to be made graunted or given to the saide Tresorer and
Company or any others conc9nyng the saide Colony and Plantac̃on and all
bookes orders ɫres aduises and other Writinges and thinges in any Wise
conc9nyng the said Colony and Plantac̃on in whose handes soever the
same be requiring all p̱sons to deliver the same vnto you whereby you may
be the better informed and enabled to p̳ceed in this Worke of soe deepe
and great ymport and consequence Willing and requiring you to be
diligent and attendante in the execuc̃on of the same And lastly our Will
and pleasure is that this our Com̃ission shall contynue in force vntill such
tyme as Wee by Writing vnder our Signett or privy Seale shall signify our
pleasure to the contr9ye and that you our saide Com̃issioners shall and
may from tyme to tyme p̳ceed in the execuc̃on of the same and of all thinges
therein conteyned according to the true meanyng thereof although the same
be not contynued by adiornement In Witnes whereof &c Witnes our
selfe at Westm' the fifteenth day of July ex