University of Virginia Library

CXLIX. Indenture between George Thorpe, and Robert Oldes-
worth and John Smyth
September 30, 1620

This Indenture made the Thirtieth day of September in the yeares of the
Raigne of our Sou9aigne Lord James by the grace of God of England
Scotland ffrance and Ireland king defender of the ffayth &c That is
to say of England ffraunce and Ireland the seaventeenth & of Scotland
the three and ffiftieth Betweene George Thorpe of Wanneswell in the
County of Glouc̃ Esquior on thone part. And Robert Oldisworth of
Colne Rogers and Iohn Smyth of Northnibly in the sayd County of
Glouc̃. Esquiors on the other part: Whereas by vertue of one deed
Indented beareing date the third day of ffebruary in the sixteenth yeare
of his sayd Matℯ raigne of England ffraunce and Ireland and of Scotland
the Two and ffiftieth, had and made betweene the treasurer and Company
of adventure§r§s of the Citty of London for the ffirst Colony in Virginia
wth the advise and Consent of the Counsell of the same on thone part.
And Sr Wilɫm Throckm9ton of Clowrewall in the said County knight and
Barronett Sr George Yeardley knight nowe Gou9nor of Virginia §Richard§

Berkeley of Stoake and the sayd George Thorpe and Iohn Smyth of
thother parte He thes sayd George Thorpe is nowe of right possessed
and Interessed of and in a full ffifte part of all Shares and porc̃ons of land
in Virginia aforesaid specified in the sayd Patent. And of like part
porc̃on and quantity of all the p̳fitt gayne and benifit thereof or that shall
any way arise come or growe in vppon or out of the sayd prmisses to all
or any of the sayd p̱ties their executors administrators and assignes And
whereas also diu9se p̱sons have beene lately sent over att the gen9all chardge
of the sayd p̱ties vnder the Conducte and govermt of Iohn Woodleefe of
Preestwood in the County of Buck: Esquiors appoynted to be their Cap-
taine, who are to people and inhabite the sayd landℯ and as Covenant
servauntℯ to occupy and manure the same landℯ to the vse and behoofℯ
of them the sayd p̱ties and to the best p̳fit and Advantage of them and
every of them their heires executors administrators and assignes And
where further it is mutually covenanted and agreed vppon by and between
the sayd Sr William Throckm9ton Richard Berkely George Thorpe and
Iohn Smyth that all man9 of Chardges and disbursemtℯ already made or
hereafter to bee made in any wise toucheing or concerneing the affayres
or bussinesses of Virginia aforesaid shalbe borne and defrayed att their
equall Costℯ and chardges in all things and the p̳p̱ty and Interest of all
thingℯ toucheing the affayres of Virginia bought or to bee bought or
payed for or wchin any kinde or Condic̃on either in England or Virginia
shall acrewe or arise to them or their benefit as afforesaid, shall come and
remayne in equall p̱tes benefitt and Interest to eache of them, And that
noe losse or damages, benefitt or gayne should fall or acrew to any of them
their executors administrators or assignes by the deathes or survivor of
any of them more or lesse, then if they were all of them fower still liveing,
As in and by certaine Articles thereof had and made betweene the sayd
p̱ties beareing date the ffowerth day of September last past amongst other
covenantℯ and agreemtℯ therin conteyned and specified more att Large it
may appeare. Nowe wittnesseth this Indenture that for and in Con-
siderac̃on of ffifty poundℯ of lawful money of England before thensealing
and deliu9y hearof well and truely payd by the sayd Robert Oldisworth
and Iohn Smyth vnto him the sayd George Thorpe wherof hee acknowl-
edgeth himselfe fully satisfied Hee the sayd George Thorpe for himselfe
his heires executors administrators and assignes and for every of them
doeth by these prsentℯ Covenant p̳myse and graunt to and wth the sayd
Robert Oldisworth and Iohn Smyth or either of them their heires
executors administrators and assignℯ That he the sayd George Thorpe
his executors administrators and assignes vppon reasonable request
§to be§ made by the sayd Robert Oldisworth and Iohn Smyth or either of
them their executors or assignes shall and will att all tymes hearafter and
from tyme to tyme as often as any p̳fittℯ com̃odities or goodℯ shalbe
brought home out of the sayd Country of Virginia here to be sold appor-
c̃oned or devided to and for the vse of euery of the sayd p̱ties make and
yeeld vppe a true and p̱fect Accompt of the same in writing to the sayd
Rob̴t Oldisworth and Iohn Smyth or either of them their heires executors
or assignes, and shall or will vppon §such§ sale or devision made as affore-
said deliu9 or cause to bee deliu9ed vnto the sayd Rob̃te Oldisworth and
Iohn Smyth or either of them their executors or assignes a full fowerth
p̱te of his sayd ffifte p̱te, of all the same goodℯ and p̳fittℯ, or of the money
made of §for§ the same or of any p̱te therof to be had and taken by them
the sayd Rob̴te Oldisworth and Iohn Smyth or eyther of them their
executors administrators and assignes to their owne p̳p̱ vse and behoofe for
evermore And the sayd George Thorpe for himselfe his heires executors
administrators and assignes doeth further Covenant p̳mise and grant to
and wth the sayd Robert Oldisworth and Iohn Smyth their executors
administrators and assignes and to and wth every of them by these p̃ntℯ,
That when and as soone as any further grantℯ shalbe made by the sayd
Treasurer and Company of any the sayd landℯ and prmisses in the sayd
Indenture before specified vnto any of the sayd parties as nowe it is
intended in shorte tyme there shalbe, He the sayd George Thorpe his
heires and assignes vppon reasonable request to him or them made as
afforesaid, shall then Convey and assure over vnto the sayd Rob̃et Oldis-
worth and Iohn Smyth their heires and assignes, One full ffowerth p̱te of
his sayd ffiftth p̱te of all the said Shares and porc̃ons of lande or any p̱te
other land so to be graunted by the sayd Treasurer and Company vnto
him to the sayd George Thorpe and other the sayd p̱ties their heires and
assignes (excepting all such of the ancient Shares as the sayd George
Thorpe hath or shall by purt purchase come by) To have and to holde
to them the sayd Rob̴t Oldisworth and Iohn Smyth their heires and
assignes to the only vse & behoofe of them the sayd Rob̃t Oldisworth and
Iohn Smyth their heires and Asss. for eu9more (except before excepted)
And whereas it is intended & purposed by the sayd Sr Wilɫm Throckm9ton,
Sr George Yeardley Richard Berkeley George Thorpe and Iohn Smyth at
other tymes hereafter to send over more men, munition, Cattle & such
other Merchaundize com̃odities and necessaries as they shall thinck fitt
and convenient, for the p̳pagateing and advancemt of their sayd plantac̃on,
It is therefor Covenanted and agreed, and the sayd Rob̃t Oldisworth and
Iohn Smyth & either of them for themselves their executors and assignes
doe by these prsentℯ Covenant and graunt to & wth the sayd George
Thorpe his executors and assignes, that they and every of them from tyme
to tyme & att all tymes covenient as occasion shall requyre shall and will
contribute and disburse a fowerth p̱te of his sayd ffiftth p̱te of all such
future Chardges & expences as shalbelonge to their sayd ffowerth p̱te of his
sayd ffiftth p̱te, or shalbe expended and disbursed for and towardℯ the
sayd future transportac̃on of men munition Cattle & such other Mer-
chandize & necessaries as aforesaid, And shall & will beare & susteyne all
such losses and damages as from tyme to tyme shall happen & be incident
therevnto according to the rate of their sayd ffowerth p̱te any thing in
these prsentℯ to the contrary thereof in any wise notwithstanding In
wittnes wherof the p̱ties abovenamed to these prsent Indentures Inter-
chaingeably sett their handℯ & seales the day and yeare first above written

[Indorsed:] 30. Septembr. 1620 A copie of the Indenture of Mr Thorpes
grant of a iiijth p̱te of his adventure yt moneth into Virginia made to
Rob̃t Oldisworth & Iohn Smyth esqrs