University of Virginia Library

XLVII. Virginia Company. Instructions to George Yeardley
November 18, 1618

The Treasurer and Companie of Adventurers and Planters of the City of
London for the first Colony in Virginia. To Captain George Yeardly
Elect Governor of Virginia and to the Council of State there being or to
be Greeting.

Our former cares and Endeavours have been chiefly bent to the procuring
and sending people to plant in Virginia so to prepare a way and to lay a
foundation whereon A flourishing State might in process of time by the
blessing of Almighty God be raised. Now our trust being that under the
Government of you Captain Yeardly with the advice and Assistance of the
said Council of State such public provisions of Corn and Cattle will again
be raised as may draw on those Multitudes who in great Abundance from
diverse parts of the Realm were preparing to remove thither if by the late
decay of the said public Store their hopes had not been made frustrate and
their minds thereby clene discouraged We have thought good to bend our
present cares and Consultations according to the Authority granted unto
us from his Majesty under his great Seal to the setling there of A laudable

form of Government by Majestracy and just Laws for the happy guiding
and governing of the people there inhabiting like as we have already done
for the well ordering of our Courts here and of our Officers and accions for
the behoof of that plantation And because our intent is to Ease all the
Inhabitants of Virginia forever of all taxes and public burthens as much as
may be and to take away all occasion of oppression and corruption we have
thought fit to begin (according to the laudable Example of the most famous
Common Wealthes both past and present) to alot and lay out A Convenient
portion of public lands for the maintenance and support as well of Magis-
tracy and officers as of other public charges both here and there from time
to time arising We therefore the said treasurer and Company upon a
solemn treaty and resolution and with the advice consent and assent of
his Majesties Council here of Virginia being Assembled in A great and
general Court of the Council and Company of Adventurers for Virginia
require you the said Governor and Council of Estate to put in Execution
with all convenient Speed a former order of Our Courts (which had been
commended also to Captain Argal at his making Deputy Governor) for
the laying and seting out by bounds and metes of three thousand Acres
of land in the best and most convenient place of the territory of James
town in Virginia and next adjoining to the said town to be the seat and land
of the Governor of Virginia for the time being and his Successors and to be
called by the name of the Governors Land which Governors Land shall
be of the freed grounds by the common labor of the people sent thither at
the Companies Charges And of the Lands formerly conquer'd or purchased
of the Paspeheies and of other grounds next adjoining In like sort we
require you to set and lay out by bounds and Metes other three thousand
Acres of good land within the territory of James town which shall be con-
venient and in such place or places as in your discretions you shall find
meet which latter three thousand Acres shall be and so called the Com-
panies Land And we require you Captain Yeardley that immediately
upon your arrival you take unto you the Guard assigned to Captain Argal
at his going Deputy Governor or sithence by him assumed to be of your
guard [for the better defence] of your Government and that as well the said
guard as also fifty other persons now sent and transported with you you
place as tennants on the said Governors land and that all other persons
heretofore transported at the Common Charge of the Company since the
coming away of Sr Thomas Dale Knight late Deputy Governor be placed
as Tennants on the said Companies Lands And we will and ordain that
all the said Tennants on the Governors and Companies Lands shall occupy
the same to the half part of the profits of the said Lands so as the one half
to be and belong to the said Tennants themselves and the other half
respectively to the said Governor and to us the said Treasurer and Com-
pany and our Successors And we further will and ordain that of the half
profits arising out of the said Companies Lands and belonging to us the
said Treasurer and Company the one Moiety be imploied for the Enter-
tainment of the said Councel of Estate there residing and of other public
officers of the general Colony and plantation (besides the Governor) accord-
ing to the proportion as hereafter we shall Express and in the mean time
as you in your discretions shall think meet And the other moiety be
carefully gathered kept and ship'd for England for the public use of us
the said Treasurer and Company and our Successors And we will and
ordain that out of the half profits of the said Companies Lands to us belong-
ing one fifth part be deducted and alotted for the Wages of the Bailiffs
and other Officers which shall have the oversight and Government of the
said Tenants and Lands and the dividing gathering keeping or shiping of
the particular moiety of the profits belonging Either to the said Council
and Officer there or to us the said treasurer and Company and our Succes-
sors as aforesaid Provided alwaies that out of the said Companies Land
A sufficient part be exempted and reserved for the securing and Wintering
of all sorts of Cattle which are or shall be the public Stock and Store of
the said Company And forasmuch as our intent is to Establish one Equal
[blank of several lines] Plantations, whereof we shall speak afterwards, be
reduced into four Cities or Burroughs Namely the cheif City called James
town Charles City Henrico and the Burrough of Kiccowtan And that in
all these foresaid Cities or Burroughs the ancient Adventurers and Planters
which [were] transported thither with intent to inhabit at their own costs
and charges before the coming away of Sr Thomas Dale Knight and have so
continued during the space of three years shall have upon a first division
to be afterward by us augmented one hundred Acres of land for their
personal Adventure and as much for every single share of twelve pound
ten Shillings paid [for such share] allotted and set out to be held by them
their heirs and assigns forever And that for all such Planters as were
brought thither at the Companies Charge to inhabit there before the com-
ing away of the said Sr Thomas Dale after the time of their Service to the
Company on the common Land agreed shall be expired there be set out
One hundred Acres of Land for each of their personal Adventurers to be
held by them their heirs and Assigns for ever. paying for every fifty Acres
the yearly free Rent of one Shilling to the said treasurer and Company
and their Successors at one Entire payment on the feast day of St Michael
the archangel for ever And in regard that by the singular industry and
virtue of the said Sr Thomas Dale the former difficulties and dangers were
in greatest part overcome to the great ease and security of such as have
been since that time transported thither We do therefore hereby ordain
that all such persons as sithence the coming away of the said Sr Thomas
Dale have at their own charges been transported thither to inhabit and so
continued as aforesaid there be allotted and set out upon a first division
fifty acres of land to them and their heirs for ever for their personal
Adventure paying a free rent of one Shilling yearly in manner aforesaid
And that all persons which since the going away of the said Sr Thomas Dale
have been transported thither at the Companies charges or which here-
after shall be so transported be placed as tenants on the Companies lands
for term of seven years occupy the same to the half part of the profits as is
abovesaid We therefore will and ordain that other three thousand Acres
of Land be set out in the fields and territory of Charles City and other
three thousand Acres of Land in the fields and territories of Henrico And
other three thousand Acres of land in the fields and territory of Kiccowtan
all which to be and be called the Companies lands and to be occupied by
the Companies Tenants for half profits as afore said And that the profits
belonging to the Company be disposed by their several moieties in the same
manner as before set down touching the Companies lands in the territory
of James town with like allowance to the Bailies and reservation of ground
for the common Store of Cattle in those several places as is there set down
And our will is that such of the Companies tenants as already inhabite in
those several Cities or Burroughs be not removed to any other City or
Burrough but placed on the Companies Lands belonging to those Cities or
Burroughs where they now inhabite Provided alwaies that if any private
person without fraud or injurious intent to the public at his own charges
have freed any of the said Lands formerly appointed to the Governor he
may continue and inhabite there till a valuable recompence be made him
for his said Charges And we do hereby ordain that the Governors house
in James town first built by Sr Thomas Gates Knight at the charges and
by the Servants of the Company and since enlarged by others by the very
same means be and continue for ever the Governors house any pretended
undue Grant made by misinformation and not in a general and quarter
Court to the contrary in anywise notwithstanding And to the intent that
godly learned and painful Ministers may be placed there for the service of
Almighty God & for the spiritual benefit and comfort of the people We
further will and ordain that in every of those Cities or Burroughs the several
quantity of one hundred Acres of Land be set out in quality of Glebe land
toward the maintenance of the several Ministers of the parishes to be there
limited and for a further supply of their maintenance there be raised a
yearly standing and certain contribution out of the profits growing or
renuing within the several farmes of the said parish and so as to make the
living of every Minister two hundred pounds Sterling p̱ annum or more as
hereafter there shall be cause And for a further Ease to the Inhabitants
of all taxes and Contributions for the Support and Entertainment of the
particular magistrates and Officers and of other charges to the said Citys
and Burroughs respectively belonging We likewise will and ordain that
within the precincts or territories of the said Cities and Burroughs shall
be set out and alotted the several Quantities of fifteen hundred Acres of
Land to be the common Land of the said Citie Or Burrough for the uses
aforesaid and to be known and called by the name of the Cities Or Bur-
roughs Land And Whereas by a special Grant and licence from his Majesty
a general Contribution over this Realm hath been made for the building
and planting of a college for the training up of the Children of those Infidels
in true Religion moral virtue and Civility and for other godly uses We do
therefore according to a former Grant and order hereby ratifie confirm and
ordain that a convenient place be chosen and set out for the planting of a
University at the said Henrico in time to come and that in the mean time
preparation be there made for the building of the said College for the
Children of the Infidels according to such Instructions as we shall deliver
And we will and ordain that ten thousand acres partly of the Lands they
impaled and partly of other Land within the territory of the said Henrico
be alotted and set out for the endowing of the said University and College
with convenient possessions Whereas also we have heretofore by order
of Court in Consideration of the long good and faithful Service done by
you Captain George Yeardley in our said Colony and plantation of Vir-
ginia and in reward thereof as also in regard of two single shares in money
paid into our treasury granted unto you the said Captain Yeardley all
that parcel of Marsh ground called Weynock and also one other peice and
parcel of Land adjoining to the same Marsh called by the Natives Konwan
one parcel whereof abutteth upon a Creek there called Mapscock towards
the East and the other parcel thereof towards a creek there called Queens
Creek on the West and extendeth in breadth to landward from the head
of the said Creek called Mapscock up to the head of the said Creek called
Queens Creek (which creek called Queens Creek is opposite to that point
there which is now called the Tobacco point and abutteth south upon the
River and North to the Landward) all which several Lands are or shall be
henceforward accounted to be lying within the territory of the said Charles
City and exceed not the quantity of two thousand and two hundred acres
We therefore the said Treasurer and Company do hereby again grant ratifie
and Confirm unto you the said Captain George Yeardley the said several
Grounds and Lands to have and to hold the said Grounds and Lands to
you the said Captain George Yeardley your heirs and Assigns for Ever
And for the better Encouragement of all sorts of necessary and laudable
trades to be set up and exercised within the said four Cities or Burroughs
We do hereby ordain that if any artizans or tradesmen shall be desirous
rather to follow his particular Art or trade then to be imploied in husbandry
or other rural business It shall be lawful for you the said Governor and
Councel to alot and set out within any of the precincts aforesaid One dwell-
ing house with four Acres of Land adjoining and held in fee simple to every
said tradsman his heirs and Assigns for ever upon condition that the
said tradesman his heirs and Assigns do continue and exercise his trade in
the said house paying only a free rent of four pence by the year to us the
said Treasurer and Company and our Successors at the feast of St Michael
the Archangel for ever And touching all other particular Plantations set
out or like to be set out in convenient Multitudes either by divers of the
ancient Adventurers Associating themselves together (as the Society of
Smiths hundred and Martins hundred) or by some ancient Adventurer or
Planter associating others unto him (as the plantation of Captain Samuel
Argall and Captain John Martin and that by the late Lord La warre
advanced) or by some new Adventurers joining themselves under one head
(as the plantation of Christopher Lawne Gentleman and others now in
providing) Our Intent being according to the Rules of Justice and good
government to alot unto every one his due yet so as neither to breed Dis-
turbance to the Right of others nor to interrupt the good form of Govern-
ment intended for the benefit of the people and strength of the Colony
We do therefore will and ordain that of the said particular plantations
none be placed within five Miles of the said former Cities and Boroughs
And that if any man out of his own presumption or pleasure without special
direction from us hath heretofore done otherwise a convenient time be
Assigned him and then by your Discretions to remove to Some farther
place by themselves to be chosen with the Allowance and Assent of the
Governor for the time being and the Council of Estate And that the
Inhabitants of the said City or Burrough too near unto which he or they
were placed make him and them a valuable recompense for their Charges
and expence of time in freeing of Grounds and building within those pre-
cincts In like sort we ordain that no latter particular plantation shall at
any time hereafter be seated within ten Miles of a former We also will
and ordain that no particular plantation be or shall be placed straglingly
in divers places to the weakening of them but be united together in one
seat and territory that so also they may be incorporated by us into one
body corporate and live under Equal and like Law and orders with the
rest of the Colony We will and ordain also for the preventing of all
fraud in abusing of our grants contrary to the intent and just meaning
of them That all such person or persons as have procured or hereafter
shall procure grants from us in general Words unto themselves and their
Associates or to like Effect shall within one year after the date hereof
deliver up to us in writing under their hands and seals as also unto you the
said Governor and Councel what be or were the names of those their first
Associates And if they be of the Adventurers of us the Company which
have paid into our treasury money for their shares that then they express
in that their writing for how many shares they join in the said particular
Plantation to the End a Due proportion of Land may be set out unto them
and we the said Treasurer and Company be not defrauded of Our due
And if they be not of the Adventurers of the Company which have paid
into our treasury money for their shares yet are gone to inhabit there and
so continue for three years there be allotted and set out fifty Acres of
Land for every such person paying a free rent of twelve pence the year in
manner aforesaid and All such persons having been planted there since the
coming away of Sr Thomas Dale And forasmuch as we understand that
certain persons having procured such Grants in general Words to them-
selves and their Associates or to like Effect have corruptly of late endeav-
oured for gain and Worse respects to draw many of the ancient Planters
of the said four Cities or Burroughs to take grants also of them and thereby
to become associated unto them with intent also by Such means to over-
strengthen their party And thereupon have adventured on divers Enor-
mous Courses tending to the great hurt and hindrance of the Colony Yea
and have also made Grants of like Association to Masters of Ships and
Mariners never intending there to inhabit, thereby to defraud his Majesty
of the Customs due unto him We to remedy and prevent such unlawful
and greedy Courses tending also directly to faction and sedition Do hereby
ordain that it shall not be lawful for the Grantees of such Grants to asso-
ciate to any other unto them then such as were their Associates from the
first time of the said grants without express licence of us the sd Treasurer
and Company in a great General and Quarter Court under our seal ob-
tained And that all such after or under Grants of Association made or
to be made by the said Grantees shall be to all intents and purposes utterly
void And for as much as we understand that divers particular persons
(not members of our Company) with their Companies have provided or
are in providing to remove into Virginia with intent (as appeareth) by
way of Association to shroud themselves under the General Grants last
aforesaid which may tend to the Great disorder of our Colony and hinder-
ance of the good Government which we desire to Establish We do there-
fore hereby ordain that all such persons as of their own Voluntary Will
and authority shall remove into Virginia without any Grant from us in a
great general and Quarter Court in writing under our seal shall be deemed
(as they are) to be occupiers of our Land that is to say of the Common
Lands of us the said Treasurer and Company And shall yearly pay unto
us for the said occupying of our Land one full fourth part of the profits
thereof till such time as the same shall be granted unto them by us in
manner aforesaid And touching all such as being Members of our Com-
pany and Adventurers by their monies paid into our Treasury shall either
in their own person or by their agents Tennants or Servants set up in
Virginia any such particular Plantation tho with the privity of us the
said Treasurer and Company yet without any grant in Writing made in
our said General Quarter Courts as is requisite We will and ordain that
the said Adventurers or Planters shall within two year after the arrival of
them or their Company in Virginia procure our grant in writing to be
made, in Our General Quarter Court and under our seal, of the Lands by
them possessed or occupied or from thenceforth shall be deemed only
Occupiers of the Common Land As is aforesaid till such times as our
said grant shall be obtained We also not more intending the reformation
of the Errors of the said[114] than for advancing of them into good
Courses and therein to assist them by all good means We further hereby
ordain that to all such of the said particular[114] as shall truly fully
observe the orders Afore and hereafter specified there be alotted and set
out over and above Our former Grants One hundred Acres of glebe land
for the Minister of every[114] and fifteen hundred Acres of Burough
Land for the public use of the said Plantation Not intending yet hereby
either to abridge or enlarge such grant of glebe or common Land as shall
be made in any of our grants in writing to any of the said particular planta-
tions We also will and ordain that the like proportion of maintenance out
of the[114] and profits of the Earth be made for the several Ministers
of the said particular Plantations as have been before set down for the
Ministers of the said former Cities and burroughs We will and ordain
that the Governor for the time being and the said Council of Estate do
justly perform or cause to be performed all such grants Covenants and
Articles as have or shall be in writing in Our great and general Quarter
Courts to any of the said particular Plantations Declaring all other grants
of Lands in Virginia not made in one of our great and general Quarter
Courts by force of his Majesties Letters patents to be void And to the
End aforesaid we will and ordain that all our grants in writing under our
seal made in our great and general Quarter Courts be Entered into your
records to be kept there in Virginia Yet directly forbiding that a Charter
of Land granted to Captain Samuel Argal and his Associates bearing date
the twentieth of March 1616 be entered in your Records or otherwise at
all respected forasmuch as the same was obtained by slight and cunning
And afterwards upon suffering him to go Governor of Virginia was by his
own voluntary act left in our Custody to be cancelled upon Grant of a new
Charter which[115] We do also hereby declare that heretofore in one
of our said general and Quarter Courts we have ordained and enacted and
in this present Court have ratified and Confirmed these orders and laws
following. That all Grants of Lands privileges and liberties in Virginia
hereafter to be made be passed by Indenture A Counterpart whereof to
be sealed by the Grantees and to be kept[115] the Companies
Evidences And that the Secretary of the Company have the Engrossing
of all such Indentures That no patents or Indentures of Grants of Land
in Virginia be made and sealed but in a full General and Quarter Court the
same having been first thoroughly perused and Approved under the
hands of A Select Committee for that purpose[115] That all Grants
of[115] in Virginia to such Adventurers as have heretofore brought in
their money here to the treasury for their several shares being of twelve
pounds ten shillings the share be of one hundred Acres the share upon the
first division and of as many more upon A Second Division when the land
of the first division shall be Sufficiently peopled And for Every person
which they shall transport thither within seven years after Midsummer
Day One thousand six hundred and Eighteen if he continue there three
years or dye in the mean time after he is Shiped it be of fifty Acres the
person upon the first Division and fifty more upon a second Division the
land of the first being Sufficiently peopled without paying any rent to the
Company for the one or the Other And that in all such Grants the names
of the said Adventurers and the several Number of Each of their Shares be
Expressed Provided alwaies and it is ordained that if the said Adventurers
or any of them do not truly and Effectually within One Year next after
the Sealing of the said Grant pay and discharge all such Sums of money
wherein by subscription (or otherwise upon notice thereof given from the
Auditors) they stand indebted to the Company or if the said Adventurers
or any of them having not lawful Right either by purchase from the Com-
pany or by Assignment from some other former Adventurers within one
year after the said Grant or by Special Gift of the Company upon merit
preceding in A full Quarter Court to so many shares as he or they pretend
Do not within one year after the said Grant satisfie and pay to the said
Treasurer and Company for every share so wanting after the rate of twelve
pounds ten shillings the share That then the said Grant for so much as
concerneth the[116] part and all the shares of the said person
so behind and not satisfying as aforesaid shall be utterly void Provided also
and it is ordained that the Grantees shall from time to time during the said
seven years make a true Certificate to the said Treasurer Councel and
Company from the Chief Officer or Officers of the places respectively of
the Number names ages sex trades and conditions of every such person
so transported or shiped to be entered by the Secretary into a Register
book for that purpose to be made That for all persons not comprised in
the order next before which during the next seven years after Midsummer
day 1618 shall go into Virginia with intent there to Inhabite If they con-
tinue there three years or dye after they are shiped there shall be a grant
made of fifty acres for every person upon A first division and as many
more upon a second division (the first being peopled) which grants to be
made respectively to such persons and their heirs at whose charges the
said persons going to Inhabite in Virginia shall be transported with reserva-
tion of twelve pence yearly Rent for every fifty acres to be answered to
the said treasurer and Company and their Successors for ever after the
first seven years of every such Grant In which Grants a provisoe to be
inserted that the Grantees shall from time to time during the said Seven
years make A true Certificate to the said Treasurer Councel and Company
from the Chief Officer or Officers of places Respectively of the Number
names ages sex trades and Conditions of every such person so transported
or shiped to be entred by the Secretary into a Register book for that
purpose to be made that all Grants as well of one sort as the other respec-
tively be made with equal favours and grants of like Liberties and immuni-
ties as near as may be to the End that all Complaint of partiality [or]
differencie may be prevented All which said orders we hereby will and
ordain to be firmly and unviolably kept and observed And that the Inhabit-
ants of Virginia have notice of them for their use and benefit Lastly we
do hereby require and Authorize you the said Captain George Yeardley
and the said Council of Etats Associating with you such other as you shall
there find meet to Survey or cause to be Survey'd all the Lands and terri-
tories in Virginia above mentioned and the same to set out by bounds and
metes especially so as that the territories of the said Several Cities and
Buroughs and other particular plantations may be conveniently divided
and known the one from the other Each survey to be set down distinctly
in writing and returned to us under your hands and seals In Witness
whereof we have hereunto set our Common Seal Given in a great and
general Court of the Council and Company of Adventurers of Virginia
held the Eighteenth Day of November 1618 And in the years of the Reign
of Our Soverain Lord James by the grace of God King of England Scot-
land France and Ireland Defender of the Faith &c Vizt of England France
and Ireland the Sixteenth and of Scotland the two and fiftieth.