University of Virginia Library

LII. Indenture between Sir William Throckmorton, Sir George
Yardley, Richard Berkeley, and John Smyth, and the Vir-
ginia Company
February 3, 1618/19

[53] This Indenture made the third day of ffebruary in the yeares of the
raigne of our sou9aigne lord James by the grace of god of England Scot-
land ffrance and Ireland kinge defender of the fayth &c. That is to say,
in the yeare of his raigne of England ffrance and Ireland the sixteenth and
of Scotland the lijth Betwene the Treasorer and company of Adven-
turers and planters of the City of London for the first colony in Virginia
with the advise and consent of the counsell of the same of the one p̱te,
And Sr Will͠m Throkm9ton of Clowerwall in the County of Glouc̃ knight
and baronet, Sr George Yardley nowe governor of Virginia knight Richard
Berkeley of Stoke George Thorpe of Wanswell and John Smyth of North-
nibley in the said county of Glouc̃ Esquiers free of the said company of
Virginia and who have seu9ally adventured for their seu9all shares here-
after menc̃oned and for eu9y of the said shares, either they or those whose
estates they nowe have or shall have, have payd or are to pay within one
yeare after the date hereof —xijli xs That is to say The said Sr Will͠m
Throkm9ton for ten shares Sr George Yardley for five shares Richard
Berkley for ten shares George Thrope for ten shares John Smyth for
ten shares of the other p̱te. Witnesseth That wheras the said Sr Will͠m
Throkm9ton Sr George Yardley Richard Berkeley George Thorpe and
John Smyth have vndertaken to the said Treasorer and company to
transport at their owne costℯ and charges divers p̱sons into Virginia, And
there to erect and build a Towne and settle and plant dyu9s inhabitants
there for the advancement of the generall plantac̃on of that country.
Nowe the said Treasorer and company with the consent of the said coun-
sell in Considerac̃on therof and for the furtherance of the said plantac̃on
and incouragemt of the said adventurers, have agreed to assigne allot and
appoynt to every of the said seu9all adventurers one hundred acres of
ground for eu9y single share of his seu9all adventure besides dyu9s other
priviledges liberties and comodyties hereafter menc̃oned. And to that

intent they have granted allotted assigned and confirmed And by theis
p̢sents doe grant allot assigne and confirme vnto the said Sr Will͠m Throk-
m9ton Sr George Yardley Richard Berkeley George Thorpe and John
Smyth their heires and assignes and the [54] heires and assignes of every of
them seu9ally and respectively accordinge to their seu9all shares, One
hundred acres of land in Virginia for eu9y of his and their §seu9all§ single
shares of xijli xs above menc̃oned to have bene by him them and eu9y of
them payd and adventured in manner aforesaid towards the same plan-
tac̃on The same land to bee taken and chosen by them their deputies or
assignes, with the privity and allowance of the governor and Counsell of
State in Virginia residinge, in any place or places whersoever not already
or heretofore inhabited by any Englishe and wherin noe English p̱son or
p̱sons are already placed or setled, or have by order of court made choyce
of, nor within ten miles of the same vnles the same bee on the opposite
side of some great and navigable ryver to the former p̱ticuler plantac̃ons
Togeather with the one halfe of the ryver or ryvers That is to say to the
middest thereof, as shall adioyne to such land as they shall make choyce
of, Togeather with all such liberties priviledges profits and comodyties
as the said land and ryvers wch they shall make choyce of shall yeald,
and in as ample and benefitiall manner as have bene heretofore granted
to any other Adventurers or Vndertakers whatsoever. And forasmuch
as the said Sr Will͠m Throkm9ton Sr George Yardley Richard Berkeley
George Thorpe and John Smyth the adventurers aforesaid intend and
have vndertaken to place preachers, build churches schoolhouses and
such like workes of charity In regard wherof and to th'end the said Adven-
turers their heires and assignes may have wherwithall to beare and support
such like charges, Therfore the said Treasorer and company with the
consent of the Counsell aforesaid doe grant vnto the said adventurers
their heires and assignes fifteene hundred acres of land more over and above
the said proporc̃on of one hundred acres for a single [55] share, to bee
imployed vpon such publike vses as the said adventurers their heires and
assignes shall thinke fit. And they doe further grant to the said Adven-
turers their heires and assignes That for eu9y p̱son that they or any of
them shall transport at their owne proper costℯ and charges into Virginia
either vnto the lands hereby granted or adioyninge vnto them wthin seaven
yeares after the feast of St John baptist last past, if the said p̱son trans-
ported contynue there three wholl yeares either at one or seu9all tymes,
or dye in the meane season after hee is shipped with intent there to inhabit,
That the said p̱son or p̱sons that shall soe at his or their owne charge
transport any other, shall have granted and allowed vnto him and them
and his and their heires respectively for every p̱son soe transported fifty
acres of land, And also that eu9y other p̱son or p̱sons who by contract &
agreemt to bee had and made with the said Adventurers shall at his and
their owne charge transport him and themselves or any other, and settle
and plant themselves in Virginia within the said seaven yeares for three
yeares space as aforesaid, or dye in the meane tyme, shall have granted
and allowed vnto eu9y such p̱son soe transportinge or transported and
his and their heires respectively fifty acres of land over and above the
proporc̃on abovesaid, the same to bee by him and them or their heires or
assignes chosen in any one entire place togeather, adioyninge to the fore-
said lands and not straglingly nor before the tyme of such choyce made,
possessed or inhabited by any Englishe company or within ten myles of
the same (except it bee on the opposite side of the ryver as aforesaid)
Yealdinge and payinge vnto the said Treasorer and company and their
successors for eu9y fifty acres soe obtayned and possessed by those said
other p̱sons and their heires who by contract as aforesaid shall at their
owne charges transport themselves or others, the yearly rent of twelve
pence at the feast of St Michaell Tharkangell to the hand of the rent
gatherer of the said Treasorer and company and their successors for ever,
To begin after th'expirac̃on of the first six yeares next after the date hereof.
And [56] further it shall bee lawfull to and for the said adventurers their
heires and assignes and their tenantℯ and servants and such as they or
any of them shall contract with as aforesaid and send and imploy for
the said plantac̃on to goe and returne, trade and traffique import & trans-
port their goods and marchandizes at their will and pleasure payinge
onely such duties to the kings Matie his heires and successors as the com-
pany of Virginia doe pay without any other taxes, imposic̃ons, burdens or
restraints vpon them to bee imposed otherwise then by the grant and
consent of the general Colony in Virginia and for the publique necessary
service of the plantac̃on. And it is further granted and agreed that the
p̱son soe to bee transported shall not bee taken away nor comaunded
eyther by the governor for the tyme beinge of Virginia or any other
authority there from the busines and imployment of the said Adven-
turers their heires or assignes and others contracted with or imployed as
aforesaid vpon any p̢tence whatsoever (necessary defence of the Country
p̢servac̃on of the peace, suppressinge tumults arysinge within the land
and tryals of matters of Justice by appeale or otherwise by order from
the said Treasorer and company and Counsell of Virginia hereafter to be
established onely excepted) And the said Treasorer and company wth
consent of the counsell aforesaid doe covenant and promise to and with
the said Adventurers their heires and assignes That vpon a survey to be
had and made by the said adventurers and true informac̃on given of the
bounds meetes and quantity of the lands soe as aforesaid to bee by them
chosen and possessed, They the said Treasorer and company vpon sur-
render of this p̢sent grant and Indenture and vpon reasonable request to
bee made by the said Adventurers their heires or assignes within seaven
yeares nowe next cominge, shall and will by their Deed Indented and
vnder their com̃on seale grant enfeoffe and confirme all or any the said
lands soe let out and bounded as aforesaid to the said Adventurers their
heires and assignes in as large and benefitiall manner as the same are in
their p̢sents granted or intended to bee granted to all intents and purposes
And shall [57] also within the said terme of seaven yeares grant to them the
said Adventurers their heires and assignes ɫres and grants of incorporac̃on
by some vsual or fit name or title, with liberty to them and their suc-
cessors from tyme to tyme to frame and make orders ordinances and
constitutions for the rule governemt orderinge and directinge of all [sorts]
p̱sons to be transported and setled vpon the lands hereby intended to bee
granted, or hereafter to bee granted, and of the said lands and profits
theirby arisinge, Soe that the said orders ordinances and constitutions
bee not repugnant to the lawes of England or to the forme of gou9nement
by the said Treasorer company Counsell and company to bee established
(ordinary appeales to the supreame Courts onely excepted) And lastly the
said Treasorer and company with the assent aforesaid doe grant and agree
to and with the said Adventurers and others contracted with and imployed
as aforesaid their heires and assignes, That when they have planted and
peopled the lands hereby to them assigned and appoynted That then it
shall bee lawfull for them with the privity and allowance of the governor
and Counsell of State as aforesaid, to make choyce of and to enter into
and to have as much more land in Virginia as herein contayned with like
priviledges as are above granted, to bee had and chosen in such place and
places where noe Englishe shall bee then setled or inhabited, or made
choyce of, And the same entred into the book of Actes at the tyme of such
choyce to bee soe made or within ten myles of the same (exceptinge the
opposite side of a great and navigable ryver as aforesaid.) And the said
Adventurers for them their heires and assignes doe covenant and grant
promise to and with the said Treasorer and company That they from tyme
to tyme duringe the said seaven yeares shall make a true certificat to the
said Treasorer company and counsell from the cheife officer or officers of
the places respectively of every p̱son transported and landed in [58] Virginia
or shipped as aforesaid to be entred by the Secretary of the said Treasorer
and company into a register booke for that purpose to bee kept. In
witnes whereof the p̱ties abovesaid to theis p̢sentℯ have & Interchangeably
put their hands and seales the day and yeare first above written. Annoq̢
Dm̃. 1618.

Sealed and delyu9ed in the p̢sence of Mr Treasorer Counsell and company
in a great and generall quarter court.