University of Virginia Library

CCXXXVI. Virginia Company. The Form of a Patent for a
Planter Only
May 22, 1622

[54] The forme of a Patent for a Planter only.[315]

This Indenture made the two and twentith daye of May 1622 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 twentith and
of Scotland the fiue and fiftith Between the §Treasuror and§ Companie
of Aduenturors and Planters of the Cittie of London for the first Colonie
in Virginia wth the advise and consent of the Counsell for the same on the
one p̱te and Sr Bowyer Worsly of Ashey   [316] in the Countie of
South̴ton on the other parte Wittnesseth that whereas the said Sr Bowyer
Worsly and sundrie his Associatℯ haue vndertaken to the said Treasoror
and Companie, to transporte at their owne Costℯ and charges one hun-
dred p̱sons into Virginia, and there to erect and builde a Towne and
settle and plante Inhabitantℯ there, for the better advancemt of the
generall Plantac̃on of that Countrie.

Nowe the said Treasuror and Companie with the consent of the said
Counsell, in considerac̃on thereof, and for the furtherance of the said
Plantac̃on, and encouragemt of the said Vndertakers, haue graunted
allotted assigned and confirmed and by these presentℯ do graunte allotte
assigne and confirme vnto the said Sr Bowyer Worsly and his said Asso-
ciatℯ their heires and assignes and [54a] the heires and Assignes of euery
of them seuerally and respectively fiftie acres of land for his and euery
of their p̱sons goeinge to inhabite and plante and to be Planters in Vir-
ginia, at any time before the feast of St John Baptist, wch shalbe in the
yeare of our Lord God 1625.

The same land to be taken and chosen by them their Deputies or Assignes
with the priuity and allowance of the Gouernor and Counsell of State in
Virginia residinge, in any place or places wheresoeuer, not alreadie or
heretofore inhabited by any English, and wherein no English person or
persons are alreadie placed or seatled, or haue by order of Courte made
choise thereof: nor within ten miles of the principall seate of any former
perticular Colony or Plantac̃on ∥[un]lesse the same be on the opposit syd
of some great and nauigable ryuer to the former p̱ticular Plantac̃on∥[317]
together with the one halfe of the Riuer or Riuers, that is to saye to the
middest thereof as shall adioyne to such lands as they shall make choise
of Together with all such royalties priuiledges, proffittℯ and Com̄odities as
the said landℯ and Riuers as wch they shall make choise of shall yeald:
And in as ample and benificiall manner as the same haue been heretofore
graunted to any other Aduenturors and Planters whatsoeuer.

And to the end the said Planters their heires and assignes, may haue the
better meanes wherewithall to beare and supporte publique necessarie
charges and other charges for the p̱formance of pious dueties, tending to
the glorie of god and spirittuall benifitt of the people there to inhabite
together with the good educac̃on of the Children and families of the
Inhabitantℯ of this their p̱ticular Plantac̃on. [55] The said Treasuror
and Companie doe by these presentℯ further graunte assigne and confirme
vnto the said Planters their heires and Assignes shall think fitt ∥their heires
and Assignes fifteen hundred acres of land more ouer and aboue the afore-
said proporc̃on, to be employed vpon publiq̢ vses and no other such as
the said Planters their heires and Assignes shall think fitt.∥

And the said Treasuror and Companie doe further graunte vnto the said
Planters their heires and Assignes that for euery person they or any of
them shall transporte at their owne propper Costℯ and charges into Vir-
ginia, before the feast of St John Baptist wch shalbe in the yeare of or
Lord God 1625, if the said p̱sons soe transported continue there three
whole yeares or dye in the meane season after he or they are once Shipped
with an intent there to inhabite, that the said Aduenturors ∥Planters∥
and euery of them that shall soe at his or their owne charge transporte
any other, shall haue granted allotted and allowed vnto him §or§ them

§or§ his or their heires respectiuely for euery p̱son soe transported 50:
acres of land.

To haue and to holde all and singular the landℯ soe to be sett out as afore-
said with their and euery of their appurtenances with all Mines aswell
royall Mynes of gold and siluer, as other Mines and Minnerallℯ woodℯ
ffishingℯ ffowlingℯ huntingℯ waters Riuers and all other proffittℯ Com̄od-
ities and hereditamentℯ whatsoeuer wthin the precinctℯ of the said Planta-
c̃on or to the said landℯ or any of them in any wise [55a] belonginge vnto
the said Sr Bowyer Worsly and his said Associatℯ their heires and Assignes
for euer to the onely propper vse and behoufe of him the said Sr Bowyer
Worsly and his said Associatℯ 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 Green-
wich in free and com̄on soccage by fealty onely and not in Capitee nor by
knights seruice.

Yealding and payinge vnto our said Soueraigne Lord the Kinge his heires
and Successors for euer, one fift parte of the Oare of all the Mynes of gold
and siluer wch shalbe found wthin their owne lymittℯ; And one other fifte
p̱te of the said Oare to the said Treasuror and Companie and their
Successors

And likewise yealdinge and payinge to the said Treasuror and Companie
and their Successors for euery 50. acres soe obtained and possessed as
aforesaid by the said Sr Bowyer Worsly and his said Associatℯ the yearly
rent of twelue pence at the feast of St Michaell the Archangell vnto the
handℯ of the Rentgatherr [56] of the said Treasuror and Companie and their
successors for euer to beginne after the expirac̃on of the first seauen yeares
next after the Date hereof.

And the said Treasuror and Companie do further graunte and agree to and
with the said Plantrs their heires and Assignes ∥that the said Planters
their heires and Assignes∥ and euery of them, their and euery of their
ffactors Agentℯ Tenantℯ and seruantℯ and all such as they shall send and
imploye to or about their said p̱ticular Plantac̃on shall and may freely

and lawfully goe and returne importe exporte and transporte their goodℯ
and marchandizes at their willℯ and pleasures payinge onely such Duties
to the Kingℯ Matie his heires and successors as the said Company doe or
ought to paye without any other taxes imposic̃ons burdens or restraintℯ
vpon them to be imposed, except by the free graunte and consent of the
generall Colonie of Virginia, or of that their ∥owne∥ p̱ticular Plantacon
∥Society for the nece publique necessarie seruice of the generall or of this
their p̱ticular Plantac̃on∥.

And the said Treasuror and Companie doe further graunte and agree to
and with the said Plantrs their heires and Assignes that the p̱sons ∥so∥ 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 imployment of the said Planters their
heires and Assignes vpon any prtence whatsoeuer: Necessarie Defence of
the [56a] Countrie, Preseruac̃on of the peace, Suppressinge tumultℯ within
the land, and tryallℯ in matters of iustice by appeale, or otherwise by order
of the said Treasuror and Companie and Counsell for Virginia hereafter to
be established, onely excepted.

And the said Treasuror and Companie doe further graunte and agree, to
and with the said Planters their heires and Assignes, that the said Treasuror
and Companie and their Successors shall at all times hereafter vpon
reasonable dem̄ands, graunte letters deed or deedℯ of Incorporac̃on, by
some vsuall or fitt name and ∥or∥ title to the said Planters their heires
and Assignes and the people there inhabitinge vnder them with lib̴tie to
them and their successors from time to time to frame and make orders,
ordinances and constituc̃ons for the rule gouermt orderinge and directinge
aswell of all ∥the∥ p̱sons to be transported, as also of the ∥said∥ landℯ and
proffittℯ thereby arising 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 hereafter to be established,
ordinary appeales to the supreame Courtℯ onely excepted.

And lastly the said Treasuror and Companie for them and their Successors
do promise grant and agree, to and wth the said Planters their heires and
Assignes, that when they haue [57] 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 Gouernor and

Counsell of State residinge in Virginia) to make choise of and to enter into
and to haue as much more land in Virginia, as is herein menc̃oned or
intended to be graunted, vnder like rentℯ and reseruac̃ons and with like
priuiledges and liberties, as are above graunted, To be had and chosen in
such place and places, where no English shalbe then setled, or haue made
choise of: And the same entred into ye Booke of Actℯ at the time of such
choise soe to be made or within ten miles of the principall seate of any
former p̱ticular Colony or Plantac̃on, exceptinge the opposite side of some
great and navigable Riuer.

And the said Planters for them their heires and Assignes do couenant
promise and graunte to and wth the said Treasuror and Companie, that
they from time to time before the said feast of St John Baptist in the yeare
1625, shall make a true and lawfull Certificate of euery person so trans-
ported and landed in Virginia ∥or shipped∥ as aforesaid, to be entred by
the Secr̃e of the said Trẽr and Company into a Register booke for that
purpose to be kept.

[57a] And moreouer that the said Planters their Tenantℯ and Seruantℯ
tespectively shall apply themselues in their direcc̃ons and labors to the
psuinge of those staple and solide Com̄odities of Corne, Wyne Silke Iron
Silkgrasse, Hemp and fflax boordℯ and Tymbr and other the like and not
onely or chiefly to Tobacco.

And lastly ∥that∥ the said Planters their heires and assignes shall place
and mayntaine from time to time a sufficient Preacher of the worde of God
amongst the Inhabitantℯ of their said p̱ticular Plantac̃on wth allottment
and allowance of such gleabe landℯ and other proffittℯ for his liberall
maintenance 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 parte of
this Indenture haue sett their legall and Com̄on Seale And to the other
pte thereof the said Sr Bowyer Worsly in his owne name and in the name
of the rest of his Associatℯ 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.[318]