University of Virginia Library

CCXXXV. Virginia Company. The Form of a Patent for Adven-
turers undertaking to transport and plant 100 Persons
May 22, 1622

Presidents of Patents, Grants & Commissions by the Virginia Company.
1621.[312]

[49] The forme of a Patent for such as are Aduenturers by payinge money
into the Treasury of ye Company vndertaking to transp: and plant
100: persons[312]

This Indenture made the twoe 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 Scot-
land the fiue and fiftith Between the Treasuror and Companie of Adven-
turors and Planters of the Cittie of London for the first Colonie in Virginia
with the aduise and consent of the Counsell for the same on the one parte
and Sr John Brooke alias Cobham knight on the other parte: Wittnesseth
that the said Treasuror and Company as well for and in considerac̃on of
a certaine Sum̃e of money that the said Sr John Brooke hath adventured
and paid into the Treasury of the said Companie as also for that he and
his Associatℯ haue vndertaken to transporte at their owne propper Costℯ
and charges 100 p̱sons into Virginia and their to erect and builde a Towne
and settle and plante divers Inhabitantℯ there, to the great encrease and
advancement of the generall Plantac̃on of that Countrie.

Haue for the furtherance of the said Plantac̃on and due reward and
encouragement of the said Aduenturors, graunted allotted and Assigned
and by these p̃ntℯ doe graunte allott assigne and confirme vnto the said
Sr John Brooke his heires and Assignes, and vnto soe many of his ∥said∥
Associatℯ their heires, and Assignes, as are or shalbe free of the Companie,
one hundred acres of land in Virginia for euery of his and their seuerall
single shares of twelue poundℯ ten shillingℯ that haue been or shalbe
aduentured [49a] and paide into the Companies Treasurie towardℯ the
said Plantac̃on, and fiftie acres of land for euery of their Associatℯ not
being yet free of the Companie, goeinge to inhabite and plante in Virginia
at any time before the feast of St. John Baptist, which 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 wheresouer, not alreadie or here-
tofore 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 perticuler
Colonie or Plantac̃on, vnles the same be on the opposite side of some
great and nauigable Riuer to the former perticular Plantations, together

with the one halfe of the Riuer or Riuers, that is to saye to the middest
thereof, as shall adioyne to such landℯ as they shall make choice of,
together with all such priuiledges, proffitts, and Com̄odities, as the said
landℯ and Rivers wch they shall make choise of, doe may or shall yeald
And in as ample and benificiall manner, as haue ben heretofore graunted;
to any other Aduenturors and Vndertakers whatsoeuer.

And to the end the said Aduenturors, their heires and Assignes, may haue
the better meanes wherewithall to beare and supporte; publique necessary
charges and other charges, for the performance of pious dueties tendinge
to the glorie of god and spirituall benifitt of the people there to inhabite,
together with the good educac̃on of the Children and families of the
Inhabitantℯ of this their perticular Plantac̃on, The said Trẽr and Company
doe by these presentℯ further graunte assigne and confirme vnto the said
Aduenturors their heires and Assignes, fifteen hundred acres of land more
ouer and aboue the foresaid proporc̃on, to be imployed vpon such pub-
lique vses, and no other, as the said [50] Aduenturors their heires and
Assignes shall thinke fitt, And the said Treasuror and Companie doe
further grante vnto the said Aduenturors their heires and Assignes, that
for euery p̱son they or any of them shall transporte at their owne propper
Costℯ and charges into Virginia, before the said feast of St John Baptist,
wch shalbe in the yeare of our lord God 1625, if the said p̱sons soe trans-
ported 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 and everie of them that shall soe at his or their owne
charge transporte any other shall haue graunted allotted and allowed
vnto him or them or his or their heires respectiuely for euery person soe
transported fiftie acres of land.

To haue and to hold all and singular the landℯ soe to be sett out as
aforesaid, with their and euery of their appurtenances with all Mynes
aswell royall Mynes of gold and siluer, as other Mynes and Minnerallℯ
woodℯ, fishingℯ, fowlingℯ, huntingℯ, waters, Riuers, and all other proffittℯ,
Com̄odities and hereditamentℯ whatsoeuer, within the prcinctℯ of the said
Plantac̃on, or to the said landℯ or any of them in any wise belonginge,
vnto the said Sr John Brooke and his said Associatℯ, their heires and
Assignes for euer, to the onelie propper vse and behoufe of him the said

Sr John Brooke and his said Associatℯ their heires and Assignes in as large
and ample manner as the same hath been graunted by the Kingℯ ∥Maty∥
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 lorde the King his heires and successors as of his Mannor of
East Grenwitch in free and com̄on soccage by fealtie onely and not in
Capitee nor by Knightℯ seruice.[313]

[51a] Yealdinge and payinge vnto our said soueraigne lord the Kinge his
heires and successors for euer, one fifte parte of the Oare of all the Mynes
of gold and siluer, wch shall be found within their owne lymittℯ And one
other fifte parte of the said Oare to the said Treasuror and Companie and
their successors.

And likewise yealding and payinge to the said Treasuror and Companie
and their Successors for euery fiftie acres soe obtayned and possessed as
aforesaid, by the said Sr John Brooke and his said Associatℯ (exceptinge
for fower persons to euery share of twelue poundℯ tenn shillingℯ old
Aduenture for wch no rente at all shalbe answeared) the yearely rent of
twelue pence at the feast of St. Michaell the Archangell, to the handℯ of
the Rent gatherer of the said Treasuror and Companie and their successors
for euer: To beginn after the expirac̃on of the first seauen yeares next after
the date hereof.

And the said Treasuror and Companie doe further graunte and agree to
and with the said Aduenturors their heires and Assignes, that the said
Aduenturors 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 perticular Plantac̃on, shall and
may from time to time, freelie and lawefullie goe and returne importe
exporte and transporte their goodℯ and marchandizes at their wills and
pleasures, Payinge onelie such dueties to the Kingℯ Matie his heires and
Successors as the said Company doe or ought to paye, with out any other
taxes imposic̃ons burdens or restraintℯ vpon them to be imposed, except
by the free graunte and consent of the generall Colony of Virginia, or of
that their perticular Society, and for the publique necessarie seruice of the
generall or of this their p̱ticular Plantac̃on.

[52] And the said Treasuror and Companie doe further grant and agree
to and with the said Aduenturors their heires and Assignes, that the person
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 authoritie
there, from the buissines and imployment of the said Aduenturors, their
heires and Assignes vpon any pretence whatsoeuer; Necessary defence of
the 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 Treasoror and Companie doe further graunte and agree, to
and with the said Aduenturors their heires and Assignes, that the said
Treasuror and Companie and their successors shall at all times hereafter
vpon reasonable dem̄and, graunte letters Deed or Deedℯ of Incorporac̃on,
by some vsuall or fitt name and title, to the said Aduenturors their heires
and Assignes, and the people there inhabiting vnder them, with libertie to
them and their successors from time to time to frame and make orders
ordinances and constituc̃ons for the rule gouermt orderinge and directing,
aswell of all p̱sons to be transported as also of the lands 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 Treasoror Counsell and Companie and their successors hereafter
to be established (ordinarie appeales to the supreame Courtℯ onely
excepted).

And lastly the said Treasuror and Companie for them and their successors
do promise graunte and agree to and with the said Aduenturors their
heires and Assignes, that when they haue planted and peopled the landℯ
hereby to them assigned and appointed [52a] that then it shalbe lawfull for
them their heires and Assignes (with the priuity and allowance of the
Gouernor and Counsell of State residing in Virginia) to make choise of
and to enter into and to have 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 aboue graunted: to be had
and chosen in such place and places where no English shalbe then seatled
or haue made choise of, And the same entred into a booke of Actℯ at the

time of such choise to be made or wthin ten miles of the principall seate of
any former p̱ticular Colonie or Plantac̃on, exceptinge the opposite side of
some great and nauigable Riuer.

And the said Aduenturors for them their heires and Assignes do couenant
and promise, to and with the said Treasuror and Companie and their
successors 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 p̱son soe to be transported and landed in Virginia, or shipped as
aforesaid, to be entred by the Sec̃re of the said Trẽr and Companie into
a Register Booke for that purpose to be kept.

And Moreouer that the said Aduenturors their Tenantℯ and seruantℯ
respectiuely, shall applie themselues in their Direcc̃ons and labors to the
pursuinge of those staple and solide Com̄odities of Corne Wyne, Silke,
Iron Silkegrasse Hempe and fflax Boordℯ and Tymber and other the like
and not onely or chiefly to Tobacco.

And lastly that the said Aduenturors their heires and Assignes shall place
and mayntaine from time to time a sufficient Minister and Preacher of
the [53] 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 Trẽr and Company to the one p̱te of this
Indenture haue sett their legall and com̄on seale And to the other p̱te
hereof the said Sr John Brooke in his owne name and in the name of the
rest of his fellowe Aduenturors and 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.[314]