LXXIV. Agreement between Sir William Throckmorton, Richard
Berkeley, George Thorpe, John Smyth, and Captain John
Woodleefe
September 4, 1619
Smyth of Nibley Papers, Smyth, 9, also 3 (7), pp. 64–70
Document in the New York Public Library
List of Records No. 125
Covenants and agreements had and made by and betwene Sr Wilɫlm
Throkm9ton of Clowerwall in the county of Glouc̃ knight and baronet
on the first p̱te, Richard Berk ∥e∥ley of Stoke Gifford in the said County
Esq̢ on the second p̱te, George Thorpe of Waneswell in the said
County Esq̢ on the third p̱te, John Smyth of North nibley in the
said County gent on the fourth p̱te, And John Woodleefe of Prestwood
in the County of Buckingham Esq̢ pte on the fift p̱te, the fourth ∥day∥
of September 1619. Anno xvijmo regni Jacobi Regis Anglie .&c. et
Scotie. liijcio. As p̱ticularly followeth.
Wheras a voyage is (with ∥by∥ the grace of god) intended into the land of
Virginia with a shippe called the Margaret of Bristoll, of the burden of forty
seven tun or therabouts, within ten dayes next at the farthest, furnished with
thirty ∥& two∥ men and other necessary provisions at the charges of the said
p̱ties, for plantac̃on in the said land, with an intent and agreement amongst
themselves to encrease the said number aswell with men already abydinge
in the said land, as with others to bee hereafter sent out of England,
And wheras for the intent and purpose aforesaid, and the better to enable
the said plantac̃on, they the said Sr Will͠m Richard Throkm̃ton, Richard
Berk∥e∥ley, George Thorpe and John Smyth have in their owne names and
in the name of Sr George Yardley knight nowe governor ∥of∥ in the said land
of Virginia, procured in ffebruary last past from the Treasorer and company
of Adventurers and planters of the city of London for the first Collony in Vir-
ginia, by the advise and consent of the Counsell of the same, one Indenture
of Covenantℯ and grants to the effect aforesaid, as by the same may appeare.
And wheras also for the better orderinge and governmt aswell of the said
people and men nowe ready to bee shipped, and of those that shall hereafter
bee sent in augmentac̃on of their number, and of some others already
beinge in Virginia, As also of all such affayres and businesses that may in
the said Cuntry happen to arise, they the said Sr Will͠m Throkm9ton
Richard Berk∥e∥ley George Thorpe and John Smyth have made and
delyu9ed to the said John Woodleefe vnder their hands and seales one
Comission of the date hereof, therby nomynatinge and authorisinge
him to bee Captayne and governor over the said people and men, to
p̱forme and execute his said office and authority by and accordinge to
such ordinances directions and instructions as they the said Sr Will͠m,
Richard, George, and John have lymited in wrytinge and delyu9ed vnto
him the said John Woodleefe, and of such other as they shall hereafter
p̢scribe, wch the said John Woodleefe hereby covenanteth to execute and
see p̱formed accordingly; Nowe it is mutually and p̱ticularly further
Covenanted and agreed by and betwene all and eu9y the said p̱ties to
theis p̢sents in manner and forme followinge,
1.
And first they the said Sr Will͠m Throkm9ton, Richard Barkley, George
Thorpe and John Smyth doe mutually agree, That the place in Virginia
where theire said governor and people shall first sit downe, plant and build
vpon, shall bee called Berk∥e∥ley, And their lands and territory about the
same shalbee called Berk ∥e∥ley Hun Hundred, as well that land accruinge
vnto them vpon this their first plantac̃on and shares already purchased,
As also vpon the second accrument, allotment, or division, and of all
shares hereafter also by them to bee purchased (if any bee) vnles the same
shall fall out in a farre remote distance from the place of their first plan-
tac̃on, And the same towne to bee hereafter incorporated in such manner
and forme and with such lymits and bounds as hereafter by them or any
three of them shall be in wrytinge agreed vpon.2
It̃m it is mutually Covenanted and agreed vpon each wth other by and
betwene the said Sr Will͠m Throkm9ton Richard Berk∥e∥ley George Thorpe
and John Smyth, That all manner of charges and disbursements already
made or hereafter to bee made in any wise touchinge or concerninge the
affayres or businesses of Virginia, or the prosecution of this or any other
future voyages, shall be borne and defrayed at their equall costℯ and
charges in all things, And the prop̱ty and interest of all things ∥touching
or conc̃rning ye sd affaires of Virginia∥ bought or to bee bought or payd for,
or wch in any kind or Condic̃on either in England or Virginia shall accrue or
arise to them or their benefit, shall come and remayne in equall p̱tes
benefit and interest to each of them. And that noe losse or damage,
benefit or gayne shall fall or accrewe to any of them their executors,
admynistrators or assignes by the death or survivor of any of them more
or lesse, then if they were all of them fower still lyvinge
3.
It̃m it is likewise mutually covenanted and agreed vpon by and betwene
the said Sr Will͠m Richard George and John, each with other seu9ally and
respectively each for himselfe to and with ∥the∥ other That in all their
Counsells consultac̃ons resolutions and determynac̃ons in or about any
the said Voyages or affayres, or of any thinge in reference or relation
theirvnto, If they fower shall not agree entirely and fully in one and the
same mynd opynion or determynac̃on, but that any one of them shall
differ or discent from the mynd or opynion of the other three, That the
resolution, determynac̃on and proceedinge shall bee as the greater p̱te
of them fower shall agree vnto and determyne of in wrytinge. And the
same to bee forthwith redily and willingly assented and submitted vnto,
by that party (otherwise opynionate) as if such p̱ty had not dissented
or otherwise argued or spoken against or differently at all, without any
vnwillingnes or longer resemblance thereof. And that noe matter of
busines in any wise concerninge the p̢misses, shall bee agreed vnto but
as aforesaid, And beinge once agreed vnto ∥& determined∥ or overruled
as aforesaid shall not bee altered infringed or neglected in the prosecuc̃on
but by like assent agreement or dispensac̃on of three at the least as afore-
said, and as the case shall requyre.
4
It̃m wheras the said Richard Berk∥e∥ley hath not hithervnto procured
or purchased any land in Virginia by way or course of one or more shares,
as the said Sr Will͠m Throkm9ton George Thorpe and John Smyth have
already seu9ally done, It is neu9thelesse mutually agreed and assented
vnto by all of them, That if more Shares shall bee hereafter purchased
bought or obtayned, by any of them fower Joyntly or severally, That (to
the end equall privyledge may bee enioyed by them all fower) the same
shall be payd for equally, and each of them to bee equally interested in
the land obtayned by such purchase of such shares, wherein each of them
is leaft at his severall liberty to contract and buy as him pleaseth more
or lesse of such Shares, not exceedinge ∥in all to any one aboue 10∥ ten the
peece, ∥wth those already had.∥
5.
It̃m wheras the said John Woodleefe hath at his owne charges about
Aprill last transported fower men into Virginia beinge in his family nowe
there abydinge with his wife and children who are by severall agreementℯ
by severall Indentures to serve him for fower yeares the peece or neere
therabouts, And hath also furnished them at his like charges with apparell
and Armes It is agreed That the charges layd out and sustayned by him
about the same, shall bee allowed againe vnto him (deductinge his owne
p̱tes pro rata as after followeth) And that the said fower men and such
others as shall bee by him the said John Woodleefe drawne into the Vir-
ginian family wherof hee is appoynted Captayne and governor, whether
natives or Englishe shall bee as Joynt servantℯ in equall interest pro rata,
to all the p̱ties herevnto, and to stand assocyated in each respect and as
members and p̱tℯ of the said family
6.
It̃m the said John Woodleefe hereby Covenanteth and agreeth with all
and eu9y of the said p̱ties to theis p̢sentℯ, That none of such men or serv-
ants as hee hath or shall have any iurisdiction power, governement or
authority over, whether of his p̢sent family nowe there abydinge or derived
from Sr Thomas Wayneman or any others, shall bee setled or placed or
abide on that side the ryver called the kings ryver, where this p̢sent Col-
lony, wherof he goeth governor shall sit downe, vnles full ten English
myles of from them. And that hee will not have directly or indirectly any
other family or p̱te of any then this Colony aforesaid nor any other gov-
ernement by himselfe alone, or Joyntly with any other p̱son or p̱sons,
Then onely with amongst and over such as nowe are sent with him under
his conduct, and of such as by the other p̱ties herevnto shall bee hereafter
sent vnto him, and shall and will lyve and converse with and amongst
such their said Colony and servantℯ, and not of elswhere. And also
shall and will from tyme to tyme doe his honest and faithfull best endeav-
ors to benefit and advance the same Colony and the p̱ticular profit of the
p̱ties herevnto, wthout drawinge or derivinge to himselfe from henceforth
any pryvate or p̱ticular gayne or profit, directly or indirectly, other then
what shall truly come and redownd to himselfe and the p̱ties herevnto
vpon accompt, accordinge to his seu9all portion and portions in theis
p̢sentℯ expressed.7.
It̃m wheras also it is purposed by the p̱ties herevnto within one yeare
next (god soe assistinge) to transport thirty or more other men for like
plantac̃on in Virginia, vnder the gou9nemt of Will͠m Chester Esq̢, It is
hereby expressed and declared, That the like Comission and instructions
with like power and authority and vnder the like Condic̃ons respectively,
shall bee conferred on him, as nowe is ∥vp∥on the said John Woodleefe
(mutatis mutandis) And that both their Colonies and companies shall
bee from tyme to tyme as neere as may bee, supplyed and maintayned in
equall numbers of men and all other provisions, And that each of them
the said Will͠m Chester and John Woodleefe shall have contynuance in
their severall governementℯ till a Division bee made by the said Sr Will͠m
Throckm9ton Richard Bark§e§ley George Thorpe and John Smyth or three
of them. And that each of them in lieu of their seu9all intertainmentℯ
cares and and paynes shall have allowed vnto them a full xxvth p̱te apeece
of the wholl cleere gaynes and profits from tyme to tyme duringe their
governementℯ cominge and arysinge from their Colonyes out of ∥or
familyes in∥ Virginia, To bee payd vnto them after sale of such goods in
England or elswhere.
8.
It̃m it is agreed That at the tyme That p̱tic̃on of lands, men, goods and
chattles, shalbee made betwene the p̱ties herevnto whome it shall con-
cerne, That each man shall first make his choyce of such three men as
best liketh him, out of eyther of the said ∥two∥ Colonyes ∥or families∥ as
were by himselfe drawne into the Journy and provided to bee sent over,
Considerac̃on beinge theirin had of their severall termes of yeares then
not expyred, to bee set downe by the rest of the p̱tners or the more p̱te of
them.9.
It̃m Wheras the said Sr Will͠m Throkm9ton Richard Berk∥e∥ley George
Thorpe and John Smyth have heretofore agreed at equall charges amongst
themselves to buy and provide all things th touchinge their said plantac̃ons,
aswell past, nowe p̢sent and to come, And wheras Sr George Yardley
knight nowe governor of Virginia, beinge named a Joynt patentee in the
said Indenture hath heretofore by his ɫre dated the fourth of December
last, written to the said Sr Will͠m, vndertaken to furnish and lade backe
the p̱te of his adventure out of such goods and comodyties to be sent
from Virginia vpon returne of this ship as might countervaile his fift p̱te
Desiringe that his said p̱te of charge might bee layd out and disbursed
for him in the meane tyme. It is nowe agreed vnto vpon the desire [*] of
the said John Woodleefe, That if in case the said Sr George shall relin-
quish his said fifthe p̱te vpon conference to be had betwene them two in
Virginia, That then the said John Woodleefe shall be admitted theirvnto
payinge vpon returne of the said ship in mony or good m9chantable wares
soe much as vpon accompt shall appeare to bee a fifthe p̱te, And as the
fifthe p̱te of the other patentees iustly cometh vnto, wch he covenanteth
hereby to pay and p̱forme accordingly.
[10]
It̃m it is hereby agreed and declared That the said John Woodleefe
shall stand Adventurer wth the said Sr Will͠m Throkm9ton for a full third
p̱te of his adventure, over and besides his fifthe p̱te from Sr George
Yardley if it accrewe to him, Each of the said Adventurers and p̱ties
to theis p̢sentℯ hereby mutually and respectively covenantinge and
promisinge each with other, to beare satisfy and pay at the dayes and
tymes requysite and appoynted, All such monies as to their seu9all p̱tes
doth or shall from tyme to tyme app̱tayne, for the good and effectuall
furtherance and prosecuc̃on of the said voyage, ∥& affaires,∥ without
inference of losse, damage, or delay to any of the other patentees, p̱ties
or Adventurers, it beinge not restrayned to any of the said patentees to
take vnto them, vnder theis agreementℯ such p̱tners as they shall like
of but not to beare voyce in any consultac̃on or resoluc̃on
11.
It̃m wheras—xxxiijɫi by the month is agreed to bee payd to Edward
Williams of the City of Bristoll marchant for hire of the said ship, And—
iiijɫi xs by the month to Toby ffelgate pylot for his wages within fifteene
dayes after returne of the said ship As by bonds and other securities
given for payment therof by some of the p̱ties herevnto may appeare,
It is hereby agreed That for the more assured paymt therof there shall
bee by the said Sr Will͠m, Richard, George and John Smyth delyu9ed to
∥Mr William∥ Yeomans ∥vicar∥ of St. Phillips [* *] (appoynted Treasorer for
the ∥sd∥ voyage ∥& affaires∥) fifty pounds the peece before the Twentieth
of January next for the better p̱formance wherof, and of all and singuler
Covenantℯ and agreemtℯ in theis p̢sentℯ menc̃oned, each p̱ty bindeth
himselfe his heires executors admynistrators and assignes seu9ally and
apart each to other respectively in the penall some of Two hundreds
pounds the peece. In witnes wherof the said p̱ties to theis p̢sentℯ
Enterchangeably as app̱tayneth have put their hands and seales the
day and yeare first above written.
[Indorsed by John Smyth:] Coven∥e∥nts & agreemts mutually amongst
ourselves. 1619. 17. Jac.
