University of Virginia Library

CCXVI. Virginia Company. The Form of a Patent
January 30, 1621/22

[58] The forme of a Patent to such Aduenrs whose shares exceedinge 50
∥acr∥ are exempted from payinge any Rent to ye Company for the
persons they transporte.

This Indenture made the thirtith daye of January 1621 And in the yeares
of the raigne of our soueraigne Lord James by the grace of god Kinge of
England Scotland ffraunce and Ireland Defendor of the faith etc That is
to say of England ffraunce and Ireland the nyneteenth and of Scotland
the fiue and fiftith Between the Treasuror and Companie of Adventurors
and Planters of the Cittie of London for the first Colony in Virginia with
the advise and consent of the Counsell for the same on the one parte, and
Sr Edwin Sandis knight Sr Lawrence Hyde Knight Sr John Wolstenholme
Knight Sr Edward Horwood Knight Nicholas Hide esqr Richard Dean
Alderman George Mordent esqr George Willmott esqr

William Payne Edward Barnes Christo: Boron Christopher Cletherowe
Anthony Abdy Robert Parckhurst James Ayscough John Neuill Patrick
Copland Clarke Gabriel Barbor Arthur Mowse Richard Turner Thomas
Goodyeare Thomas Wheatly [58a] Henry Briggs Gideon de Lawne Thomas
Wale William Palmer John Geeringe George Robins John Kirrell John
Dike John Bland Richard Bull John Badger Thomas Shipton Richard
Caswell John Bernard Thomas Colethurst William Bolton Francis Meuerell
Gilbert Morewood Richard Price Wm Thomson Thomas Morrice Abrahā

Dawes Wm Nichols Jasper Draper Hugh Euans Thomas Leuer Daniell
Darnelly Edward ffaucett Thomas Couell Wm Bagwell George Smith
Elias Robertℯ Delionel Russell Richard Widdowes Thomas Viner Chris-
topher Martin Nathan: Chambers Nicholas fferrar Wm Webbe John Harri-
son and Thomas Newton of London Cittizens Aduenturors and free of the
Companie aforesaid on the other parte Wittnesseth that the said Treasuror
and Companie for and in considerac̃on that the said Sr John Wolstenholme
and the rest of the Aduenturors aforenamed and such others whose estatℯ
are lawfullie come to the said Aduenturors haue not onely aduentured and
[59] paide into the Treasurie of the said Companie (besidℯ other large
Sum̄s of twoe thousand fiue hundred poundℯ of olde Aduenture after the
rate of twelue poundℯ ten shillingℯ the share that is to saye Sr Edwin
Sandys for 3 shares Sr Lawrence Hyde for two shares Sr John Wolsten-
holme for 6: Shares Sr Edward Horwood for 4: Shares Nicho: Hyde for
2: Shares Alder: Dean for 3: Shares George Mordant for 3: shares William
Payne for 4 shares Edward Barnes for 6 shares Xper Baron for fower
shares Christo: Cletherow for 3: Shares Anthony Abdy for 3: Shares
Robert Parkhurst for 3: Shares James Ayscough for 6: Shares John Neuill
for 2 shares Patricke Copland for 3 Shares Gabriell Barbor for 2 shares
Arthur Mouse for 3: shares Richard Turner for 3: Shares Thomas Good-
yeare for 2: shares Thomas Wheatly for fiue Shares Henry Briggℯ for
2: shares Gideon De lawne for 3: Shares Thomas Wale for 6: Shares
Wm Palm9 for 5: Shares John Geeringe for 3: Shares George Robins for
3: Shares John Kirrell for 2: Shares John Dike for 2: Shares John Bland
for 3 Shares Richard Bull for 2: Shares John Badger for 2: Shares Thomas
Shipton for 2: Shares Richard Caswell for 5: Shares John Barnard for
13: Shares Thomas Colethurst for 2: Shares Wm Bolton for twoe Shares
ffrancis Meuerell for 3: Shares Gilbert Morewood for 2: Shares [59a]
Richard Price for 3 shares, Wm Thomson for 2: shares Thomas Morrice
for three Shares Abra: Dawes for 3 Shares Wm Nicholles for 3 shares
Jasper Draper for 2 Shares Hugh Euans for 2 shares Thomas Leuer for
3: shares Daniell Darnelly for three Shares Edward Faucett for 3: Shares
Thomas Couill for 6: Shares Wm Bagwell for 3: shares Georg Smith for
3: shares Elias Robertℯ for 2: Shares Delionell Russell for 3: Shares Thomas
Viner for two Shares Christopher Martin for 3: Shares Nathaniell Chambers
for two Shares Nicholas ffarar for 3: Shares Wm Webb for 3 Shares John
Harrison for 2: Shares and Thomas Newton for two Shares: But also the
said Aduenturors haue already at their great Costℯ and charges furnished
and transported into Virginia the number of two hundred and fower
Schore p̱sons that is to say in the good Ship called the Guift of God sett
out in the yeare 1618 the number of 220 p̱sons and in the good Ship called
the ffrancis Bonaventure sett out in the yeare 1620 the number of two
p̱sons: And in the Jonathan 1619 by Sr Lawrence Hyde and Mr Nicholas
Hyde the number of psons p̱sons And in the good Ship called the Margarett
Marmaduke sett out this yeare p̢sent yeare 1621 the number of twelue
p̱sons. And in the Jonathan 1619 by Sr Lawrence Hyde and Mr Nicholas
Hyde the number of the   [290] p̱sons And in the good Shipp called the
Warwicke sett out the same yeare the number of §10§ 28: p̱sons and in
the good Ship called the Tiger sett out the said yeare the number
of twelue p̱sons And in the good Shippe called the Bona Noua sett out
the said yeare the number of   [290] p̱sons And the said p̱sons haue seated
in a place of Virginia nowe called by the Aduenturors and soe hereafter to
be called Martins Hundred and intend with convenient speed by the
deuine assistance to furnish and sett out likewise great numbers of p̱sons
there to plante and inhabite and to erect and make p̱fect a Church and
Towne there alreadie begunne wth all thingℯ thereto requisite to the great
encrease and advancemt of the generall Plantac̃on in Virginia.

Haue for the furtherance of the said Plantac̃on and due reward and en-
couragement of the said Aduenturors graunted allotted assigned and con-
firmed and by these p̢sentℯ doe [60a] graunte allott assigne and confirme
vnto the said Sr John Wolstenholme and the other Aduenturors aforenamed
their heires and Assignes and to the heires and Assignes of euery of them
seuerally and respectiuely accordinge to their seuerall 100 acres of land
in Virginia for euery of his and their seuerall single shares of 12ɫi 10s aboue
menc̃oned to haue been by him them and euery of them paide and aduen-
tered in manner aforesaid towardℯ the said Plantac̃on amountinge in the
whole to 20000 acres of land.

The same land to be bounded in manner followinge namely from the place
where the Towne in Martins Hundred is nowe seated called Wolstenholme
Towne fiue miles vpward towardℯ James Cittie and fiue miles Downeward

towardℯ Newportℯ Newes all alonge the great Riuer called ∥Kinge∥ James
Riuer and Northward to the Riuer called the Queenes Riuer alias Paco-
munky together with the one halfe of the Riuer or Riuers that is to saye
to the middest thereof as shall adioyne to the said landℯ [61] together with
all such royalties priviledges proffittℯ and Com̄odities as the said landℯ
and Riuers do shall or may yeald, and in as ample and benificiall manner
as haue ben heretofore graunted to any other Aduenturors and Planters
whatsoeuer.

And to the end the said Aduenturors their heires and Assignes may haue
the better meanes wherewith all to beare and supporte publique necessarie
charges and other charges for the p̱formance of pious dueties tendinge to
the glorie of god and spirittuall benefitt of the people there to inhabite
together with the good educac̃on of the Children and families of the
Inhabitantℯ of this their p̱ticular Plantac̃on: The said Treasuror and
Companie doe by these presentℯ further grante assigne and confirme vnto
the said Aduenturors their heires and Assignes fiften hundred acres of
land more ouer and aboue the foresaid proporc̃on of 20000: acres to be
imployed vpon such publique vses and no other as the said Aduenturors
their heires and assignes shall thinke meet.

And the said Treasuror and Companie doe further graunte vnto the said
Aduenturors their heires and Assignes that for euery p̱son they or any of
them haue alreadie transported or shall hereafter transporte at their owne
propper costℯ and charges into Virginia before the said feast of St John
Baptist wch shalbe in the yeare of our lord God 1625 if the said p̱son soe
transported continue there three whole yeares or dye in the meane season
after he or they are once shipped wth an intent there to inhabit that the
said Aduenturors and euery of them that shall soe at their or his owne
charge transport any other shall haue graunted allotted and allowed vnto
them or him and their and his heires respectiuely for euery p̱son so trans-
ported fiftie acres of land: All the said landℯ to be scituate and lyinge
wthin the boundaries aforesaid soe farr forth as the quantity before graunted
or intended to be granted by these presentℯ shall extend vnto.

To haue and to hold all and euery the landℯ aboue menc̃oned to be graunted
with their and euery of their appurtenances wth all Mines [62] aswell

royall Mynes of gold and siluer as other woodℯ ffishinges fowlingℯ huntingℯ
waters Riuers and all other proffittℯ Comodities and hereditamentℯ what-
soeuer wthin the precinctℯ aforesaid or to the said landℯ or any of them in
any wise belonginge vnto the said Sr John Wolstenholme and other Aduen-
turors aforesaid their and euery of their heires and Assignes for euer To the
onelie propper vse and behoufe of the said Sr John Wolstenholme and other
Aduenturors their and euery of their heires and Assignes in as large and
ample manner as the same hath been graunted by the Kingℯ Matie vnder
the great Seale of England at any time heretofore vnto the said Treasuror
and Companie and their successors To be held of our said soueraigne Lord
the Kinge his heires and Successors as of his Mannor of East Greenwitch
by fealty onely and not in Capite nor by knightℯ seruice.

[62a] Yealdinge and payinge to our said soueraigne lord the Kinge his
heires and Successors for euer one fifth parte of the Oare of all the Mynes
of gold and siluer wch are or shalbe found within the precinctℯ aforesaid
And one other fifth parte of the said Oare to the said Treasuror and
Companie and their Successors.

And the said Treasuror and Companie do further graunte and agree to
and with the said Aduenturors their heires and Assignes that the said
Aduenturors their heires and Assignes and euery of them their and euery
of their factors Agentℯ Tenantℯ and seruantℯ and all such as they shall
send and imploy to or about their said p̱ticular Plantac̃on shall and may
from time to time freely and lawfully goe and returne importe exporte
and transporte their goodℯ and marchandize at their willℯ and pleasures
Payinge onelie such Dueties to the Kingℯ Matie his heires and Successors
as the said Company doe or ought to paye without any other taxes impo-
sic̃ons burdens or restraintℯ by monopolies or otherwise vpon them to be
imposed except by the free graunte and consent of the generall [63] Colonie
of Virginia or of their owne p̱ticular Society and for the publique necessarie
seruice of the generall or of their this their p̱ticular Plantac̃on.

And the said Treasuror and Companie doe further graunte and agree to
and with the said Aduenturors their heires and Assignes that the p̱sons so
transported or to be transported shall not be taken away imployed or
com̄anded either by the Gouernor for the time beinge of Virginia or by
any other authority there from the buissines and imploymt of the said

Aduenturors their heires and Assignes vpon any pretence whatsoeuer
Necessarie Defence of the Countrie Preseruac̃on of the peace suppressinge
tumultℯ arisinge within the land and Tryallℯ in matters of iustice by
appeale or otherwise by order of the said Treasuror and Company and
Counsell for Virginia hereafter to be established onely excepted.

And the said Treasuror and Companie do couenant promise and graunt
to and wth the said Aduenturors their heires and Assignes that the said
Treasuror and Companie and their successors shall at all times hereafter
graunte letters deed or deedℯ of Incorporac̃on [63a] by some vsuall or fitt
name and title to the said Aduenturors their heires and assignes and the
people there inhabitinge vnder them with lib̴tie to them and their suc-
cessors from time to time to frame and make orders ordinances and con-
stituc̃ons for the rule gouerment orderinge and directinge aswell of all
p̱sons transported or to be transported as aforesaid and setled vpon the
Landℯ: as also of the landℯ and proffittℯ thereby arisinge: So that the said
orders ordinances and constituc̃ons be not repugnant to the lawes of
England or to the frame of gouerment by the said Treasuror Counsell and
Companie and their successors hereafter to be established ordinary appeales
to the supreme Courtℯ onely excepted.

And lastly the said Treasuror and Companie §for them§ and their Succes-
sors do promise graunt and agree to and with the said Aduenturors their
heires and Assignes that when they haue planted and peopled the landℯ
hereby to them assigned and appointed that then it shalbe lawfull for
them their heires and Assignes wth the priuity and allowance of the Gouer-
nor and Counsell of State residinge in Virginia, to make choise of [64] and
to enter into and to haue as much more land in Virginia as is herein
menc̃oned or intended to be granted wth like priuiledges and liberties as
are aboue graunted to be had and chosen in such place and places where
no Englishe shalbe then setled or haue made choise of And the same
entred into a booke of Actℯ at the time of such choise to be made or wthin
ten miles of the same exceptinge the opposite side of some great and
nauigable Riuer.

And the said Aduenturors for them their heires and Assignes do couenant
and promise to and wth the said Treasuror and Companie that they from
time to time before the said feast of St John Baptist in the year 1625 shall

make a true and lawfull Certificate of euery p̱son so transported or landed
in Virginia or shipped as aforesaid to be entred by the Sec̃re of the said
Tr̃er and Companie into a Register Booke for that purpose to be kept.

And Moreouer that the said Aduenturors their Tenantℯ and seruantℯ
respectiuely shall applie them selues in their Direcc̃ons and labors to the
p̱suinge of the Staple and solide Com̄odities of Corne Wyne Iron Silke
Silkgrasse Hemp & flax bordℯ Timber and other the like and not onely
or Chiefely to Tobacco.

And lastly the said Aduenturors their heires and Assignes shall place and
mayntaine or cause to be placed and maintayned from time to time a
sufficient Minister and Preacher of the word of God amongst the Inhabi-
tantℯ of their said p̱ticular Plantac̃on wth allottmt and allowance of such
gleabe and landℯ and other proffittℯ for his liberall mayntenance as the
said Treasuror and Companie by their charters haue appointed or shall
appointe In Wittnesse whereof the said Treasuror and Companie to the
one p̱te of this Indenture haue sett their legall and com̄on Seale and to
the other p̱te thereof the said Sr John Wolstenholme in his owne name and
in the name of the rest of the Aduenturors aforesaid hath sett his Seale
Giuen in a great and generall Courte of the said Treasuror and Companie
the day and yeare first aboue written.