University of Virginia Library

Addenda

CCCXLV. A. The King. Commission to Sir William Jones and
Others[1]

May 9, 1623

James by the grace of god kinge of England Scotland ffrance and Ireland
defender of the faith etc To our trustie and welbeloved Sir William
Jones knight one of our Justices of our Courte of Com̃on Pleas Sir Nicholas
ffortescue knight Sir ffrancis Gofton knight Sir Richard Sutton knight Sir
William Pitt knight Sir Henry Bourchier knight and Sir Henry Spiller
knight greeting Whereas amongest the many memorable workℯ vnder-
taken sithence our happie Raigne over this our Realme those of the English
colonies and plantac̃ons in Virginia and the Sum̃er Islandℯ are of speciall
importance as being the first forraigne Colonies planted by our English
Nation and tending not onely to the p̳pagaçon of Godℯ glorie and Christian
Religion but alsoe to the enlargement of the Territories and Domynions
of our Crowne and the Increase of trade and Comerce whereby our people
and subiectℯ may be enriched And therefore Wee being graciouslie enclyned
to soe glorious and publique a worke have from tyme to tyme and vppon
all occasions vouchsafed our gracious and royall Assistance to the further-
ance and incouragement thereof not onely by graunting vnto the Adventur-
ers and Planters large Charters and ample priviledgℯ but enabling them to

raise Great som̃es of money towardℯ the vndergoeing of the necessarie
charges of the said plantac̃ons And now being advertised aswell by the
humble Petic̃on of some of the Adventurers themselves as otherwise That
aswell by occasion of discord and discontentment amonge themselves as of
sondrie misgovermentℯ and other disturbances and impedimentℯ the
p̳sperous and happie p̳ceeding and grouth of that worke hath byne and is
daylie more and more like to be interrupted vnles We in our Princely
p̳vidence shall putt a remedie therevnto Wee therefore vppon delibãte
considerac̃on hereof are constantlie resolved to pursue our former purpose
and by all good meanes to expresse the contynuance of our zeale and
affecc̃on in restoring and setlinge that soe glorious a worke Whereof god
hath byne pleased to make vs a principall Instrument and to take awaye
all obstacles and hindrances that may any waye seeme to disturbe or
crosse the quiet and peaceable p̳ceeding in the same ffor the better effecting
of which our resoluc̃on Wee hold it most fitt that some p̱sons of trust and
vnderstanding be imployed to discerne discover and fynde out the whole
State of the p̢misses vppon whose informac̃on Wee may p̳ceede to the
effectinge thereof as Wee shall iudge most requisite Whereby the worke
being reestablished may p̳ceede and p̳sper to our honor and those religious
and publique endℯ for which it was first intended Knowe yee therefore
that wee reposing assured trust and confidence in the approved wisdomes
fidelities and cyrcumspecc̃ons of you the said Sir William Jones Sir Nicholas
ffortescue Sir ffrancis Gofton Sir Richard Sutton Sir William Pitt Sir
Henry Bourchier and Sir Henry Spiller have assigned and appointed you
to be our Com̃issioners And Wee doe hereby give vnto you or any fower or
more of you full power and authoritie to view p̱vse and consider of all and
singuler Charters L̃res Patentℯ Proclamac̃ons Com̃issions and all other
Actℯ orders and direcc̃ons made or sett downe by vs or our privie Councell
or by the company or Councell for Virginia warranℯ recordℯ bookℯ
Accomptℯ entries and other notes and writing whatsoever concerning the
said Colonies or Plantac̃ons or concerning the severall Companies or
Corporac̃on to whome the care of the said Colonies or Plantac̃ons apper-
teyneth and aswell thereby as by examination of any witnes or witnesses
vppon oath or without oath or by any other lawfull waies or meanes
whatsoever to enquire discover fynd out and informe yourselves whither
the said Charters L̃res Patentℯ Proclamac̃ons Actℯ orders and direcc̃ons
have been observed p̱formed and kept according to the true intent and
meaning thereof or whether the same have bene violated infringed or
broken and by whome and in whose default and what damage hurt and
hinderance to the said Plantac̃ons and Colonies have thereby ensued and
byn occasioned And vppon due considerac̃on thereof and of all other
thingℯ needfull to trye and fynde out the true estate aswell in tymes past
as at this p̢sent of the said Colonies and Plantac̃ons and either of them in
every respecte And of all incidentℯ and cyrcumstances therevnto belonging
And further Wee doe hereby give vnto you or any fower or more of you
full power and authoritie by such examinac̃on vppon oathe or without
oath or any other wayes or meanes as is aforesaid to enquire search discover
and fynde out what som̃e or som̃es of money at any tyme heretofore have
byne levyed or collected either by contribuc̃on of Adventurers voluntarie
guiftℯ or bequestℯ lottaries collecc̃ons, adventures in magazines or by
any other wayes or meanes whatsoever for or towardℯ the furtherance
of the said Colonies or plantac̃ons or either of them or any the buisenes or
affaires concerning the same and to whose handℯ the same monyes have
come and how and in what manner and by whome the same som̃e and som̃es
of money and every parte of them have bene expended or disbursed and
whither the same have byn expended or disbursed as they should or ought
to have byne for the good of the said Colonies and plantac̃ons and whither
any and what parte or partℯ of the said Som̃e or Som̃es of money have bene
converted vsed or ymployed to the vse of any private p̱son or p̱sons or to
any vse other then for or towardℯ the necessarie vse helpe and furtherance
of the said plantac̃ons and to whose or to what vse or vses and what
damage any such misployment hath bene to the said plantac̃ons and by
whome and by whose meanes consent or p̳curement any such misimploy-
ment hath bene made or done with the groundℯ and causes thereof and
all other necessarie circumstances in any wise touching the p̢misses and
what is and what in p̳babilitie of reason might have bene the true estate
and condic̃on of the said plantac̃ons and either of them at this p̢sent tyme
by the p̳porc̃on of the expence of soe much money as hath bene levied
collected and gathered for the vse of the said plantac̃ons and either of them
And further Wee doe hereby give vnto you or any fower or more of you
full power and authoritie by such examynac̃on vppon oath or without oath
or any of the wayes or meanes aforesaid to enquire search discover and fynd
out what lawes orders or constituc̃ons have bene made contrary to or
without warrant of our Charters and L̃res patent and what misgovermentℯ
misimploymentℯ abuses defaultℯ negligencℯ corruptc̃ons deceiptℯ fraudℯ
and greevances have byne at any tyme heretofore vsed or putt in practise
by any p̱son or p̱sons to the lett hindrance or disturbance of the good quiet
peaceable and orderly p̳gression p̳ceeding or doeing of any matter or
thinge tending to the furtherance of the said Colonies or plantac̃ons or
either of them or in the p̳curing levying collecting issuing disbursing or
ymploying of any Som̃e or Som̃es of money assigned limitted appointed
levyed or collected for or to the vse or furtherance of the said Colonies or
plantac̃ons or either of them and the groundℯ and causes thereof and what
p̱ticular wrongℯ or iniuries have bene offred or done to all or any of the
Adventurers or Planters of the said Colonies or plantac̃ons and by what
p̱son or p̱sons and by what warrant or warrantℯ any of the said mis-
govermentℯ misimploymentℯ abuses defaultℯ negligences corrupc̃ons
Deceiptℯ fraudℯ greevances wrongℯ or iniuries or any of them have byne
comitted or practised and the groundℯ and the causes thereof and by and
with whose consent or p̳curement and to what end and purpose and for
whose benefitt and advantage and of all other matters and thingℯ to the
p̢misses incident or appertayning as to you or any fower or more of you
shalbe thought meete And alsoe Wee doe hereby give vnto you or any
fower or more of you full power and authoritie by such examynac̃on vppon
oath or without oath as aforesaid and by all or any other the waies and
meanes aforesaid to enquire examyne and fynde out all such matters or
thingℯ as do or may in any wise occasion the lett hindrance or decay
of the said Colonies or plantac̃ons or either of them or of the trade traffique
or com̃erce with them or either of them by what meanes the same are
occasioned and of all other matters concerning the p̢misses And further
Wee require and com̃aund and give power and authoritie vnto you or any
fower or more of you vppon delibãte considerac̃on of the p̢misses to enquire
fynd out consider p̳pounde and sett downe all such good and lawful wayes
and meanes and the likeliest wayes and meanes to be vsed and putt in
practise for the better governing managing ordering disposing and estab-
lishing of the said Colonies or plantac̃ons and of the buisinesses and
affaires of the said Colonies or plantac̃ons and for reformac̃on and p̢venc̃on
of all misgovermentℯ greevances abuses defaultℯ negligences corrupc̃ons
fraudℯ deceiptℯ wrongℯ and iniuries hereafter to be done or com̃itted in
the governing managing ordering or disposinge of the buisinesses and
affaires of the said Colonies or plantac̃ons or to be done vnto any Adventur-
ers or Planters in the same and for the condigne punishment of the Offendors
and for the reconciling and taking away all contenc̃ons and differences and
p̢serving peace and vnitie amongst them And to doe all other Actℯ and
thingℯ whatsoever which to you or fower or more of you shalbe founde
meete and convenient whereby this Our Com̃ission may be fullie executed
according to the tenor of the same and our pleasure therein declared and
the said Plantac̃ons established to the endℯ and purposes before menc̃oned
And to the end our said pleasure herein declared may take the better
effecte Wee doe likewise hereby give vnto you or any fower or more of you
full power and authoritie to cause to come before you or fower or more
of you all such p̱son and p̱sons as you shall thinke fitt to appeare before
you for the better discovery of the truth in any the p̢misses and to cause
all and every p̱son and p̱sons aswell such as are supposed to have offended
in any the p̢misses their servantℯ or Agentℯ as all and every p̱son and
p̱sons being or which have bene Clarkℯ or Officers of the severall Companies
or Corporac̃ons of Virginia or the Summer Islandℯ and any other p̱son and
p̱sons whatsoever to bring and shewe before you or any fower or more of
you as is aforesaid All and singuler such ɫres patentℯ p̳clamac̃ons Com̃issions
warrantℯ Recordℯ orders bookℯ accomptℯ entries or any other notes or
writing whatsoever remayning in their or any of their Custodie which
you or fower or more of you shall thinke fitt to be p̳duced whereby the
truth in the p̢misses may the more playnely appeare And to the end noe
p̱son may have iust cause to complayne or be greeved at your p̳ceedingℯ
in this behalfe Our pleasure is that when and soe often as any examynac̃on
of any p̱son or p̱sons shall by vertue of this our Com̃ission be taken vppon
oath That then and soe often vppon request made by the parties whome
the same shall concerne you or any fower or more of you may examyne
the same or any other p̱son or p̱sons either vppon oath or otherwise for
the defence of such p̱son or p̱sons making such request yf you or fower or
more of you vppon due considerac̃on shall thinke it iust and fitt And our
further will and pleasure is And Wee doe hereby charge and com̃aund you
our said Com̃issioners or foure or more of you to c9tifie vnto the lordℯ and
others of our privie Councell from tyme to tyme your p̳ceedingℯ therein to
the end such further order may be given therein as shalbe fitt And these
our L̃res Patentℯ or Com̃ission or the Inrollement of the same shalbe your
sufficient warrant and discharge for doeing and executing of all and singuler
the p̢misses according to the true intent and meaning of the same And
lastlie our will and pleasure is That this our Com̃ission shall contynue in
force And Wee doe hereby authorise you or any fower or more of you to
p̳ceede in the execuc̃on thereof and of all and every matter and thinge
therein conteyned from tyme to tyme and as often as you or any fower
or more of you shall thinke convenient although the same Com̃ission
be not from tyme to tyme contynued by adiornement In witness etc.
Witnes our selfe at Westminster the nynth day of may
p bre de privato sigillo etc.

[In the margin:] Paten' de Anno Rℯ Jacobi Angl' etc vicesimo primo

CDXXXVII. A. Council and Assembly. Laws and Orders[2]
March 5, 1623/4

Lawes & Orders conc * * * by the Councill [&] Assemblie

Marche the 5th Anno 1623

1

• That there shalbe in every Plantatione, wher the people vse to meete for
  ye worshipp of God, [a house] or Roome sequestred for yt purpose, And not
  to be for any temporall vse whatsoeuer, and a place e[mpaled in,] sequestred
  onlye to the buryall of the dead.

2

• That whosoeuer shall absent him selfe from devine service any Sounday
  wthowt an alowable e[xcuse] shall forfeit a pownde of Tobacco, and he yt
  absenteth himselfe a moneth shall forfect 50ll͠ of Tobacco.

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3

• That there be an vniformitie in our Church as neere as may be, to the
  Canons in Englande both in [substance] and Circumstance and that all
  p̱sones yeeld redie obedience vnto them vnder paine of Censure.

4

• That ye 22th of march be yeerly solemnized as hollidaye, and all other
  hollidayℯ (except when they fa[ll] two together betwixt the feast of ye
  Annuntiatione of ye blessed Virgine and St michaell Theark[angell,] then
  only the first to be observed by reasone of our necessities.

5

• That no minister be absent from his Cure aboue two monethℯ in all ye
  yeere vppon penaltie of forfectinge ha[lfe his] meanes, and whosoeuer shall
  absent his aboue fowre monethℯ in the yeere shall forfect his whole meanℯ
  and [Cure.]

6

• That whosoever shall disparage a Minister wthout bringinge sufficyent
  proofe to iustifie his reportℯ, w[here by] ye mindes of his p̱ishioners may be
  alienated from him, and his Ministery proue the lesse efectuall by theire
  p̢iudicat[ion,] shall not only pay 500ll͠ waight of tobacco, but also aske ye
  minister so wronged forgiuenes publiquely in the Congregation.

7

• That no man dispose of any of his tobacco before the Minister be satisfied,
  vppon paine of forfecture duble his [part] of ye ministers meanes, and one
  man of eury plant' to Collect his meanes owt of ye firste & best Tobacco
  and Corne.

8

• That the Gou9nor shall not laye any taxes or ympositiones vppon ye
  Colony, theire landes or comodities otherwy[se] then by the awthoritie of ye
  generall Assemblie, to be levied and ymployed as the saide Assembly shall
  appoynt.

9

• The Gou9nor shall nott wthdrawe the inhabitantℯ from theire privatt
  labours to any service of his owne vp[on] any couler wtsoeuer, and in case
  the publique service require ymploymentℯ of many handes before ye hold-
  ingℯ of a generall Assemblie, to give order for ye same, in that case the
  leviinge of men shalbe donne by order of the Gou9nor and whole bodye of
  the Counsell and yt in such sorte as to be least burthensome to the People
  and most free from partialitie.

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10

• That all ye olde planters, yt were heere before, or cam in at ye laste
  cominge of Sr. Tho: Gates they and theire posteritie shalbe exempted from
  theire p̱sonall service to ye warrℯ, and any publique charge (Church dewties
  excepted) that belongℯ p̱ticularly to their p̱sones, (not exemptinge theire
  families) except such as shalbe ymployd to comande in Cheif.

11

• That noe burgesses of ye generall Assembly shalbe arested dwringe ye
  tyme of ye assemblie, a weeke before & a weeke after, vppon paine of ye
  creditors forfecture of his dept, & such punishment vppon the officer as the Courte shall awarde.

12

• That there shalbe courtes kept once a moneth in ye Corporations of
  Charles Cyttie & Elizabeth Cyttie for the decydinge of suitℯ and Contro-
  versies not exceedinge the valew of one hundred pownde of Tobacco, and
  for punishinge of pettie offences, That the Comanders of the places and such
  others as the Gou9nor and Counsell shall appoynte by Comissione shalbe
  the iudges, wth reservatione of Apeale after sentence to ye Gou9nor and
  Counsell, and whosoeuer shall Apeale yf he be heere caste in suite shall
  paye duble damages, The Comanders to be of the quorum and sentenc
  to be given by the maior p̱ties.

13

• That every privatt planters devident shalbe surveyed and laide out in
  severall, and ye boundes recorded by the survey[or;] yf there be any pettie
  differences betwixt neighbours about theire devidentℯ to be devided by the
  surveyor, yf of [much] importance to be referred to ye Gou9nor and Counsell:
  ye surveyor to haue 10li of tobacco vppon every hundred Acres.

14

• For the encoragment of men to plant store of Corne, the prise shall not
  be stinted, but it shalbe ffree for every man to sell it, as deere as he cann.

15

• That there shalbe in every Parish a publique Garnery vnto wch there
  shalbe contributed for e[very] planter exceedinge the adge of 18[3] yeerℯ alive
  at the Crop after he hath bene heere a yeere a bu[shell] of Corne, the wch
  shalbe disposed for the publique vses of every parish by the maior p̱te of
  [the] ffreemen, the remainder yeerly to be taken out by the owners at St Tho:
  his day and the new bu[shell] to be putt in the roome.

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16

• That three sufficyent men of every p̱ish shalbe sworne to see yt euery
  man shall plant & tende suffycient [of Corne] for his family, those men that
  haue neclected soe to doe are to be by the saide three men p̢sented to be
  C[ensured by] the Gou9nor and Counsell.

17

• That all trade for Corne wth the Salvages aswell publique as privatt after
  June next sha[lbe prohibited.]

18

• That every freeman shall fence in a quarter of an Acre of grounde before
  Whitsuntide next [to make a garden] for plantinge of Vines hearbs rootes
  &c. sub pena tenn pownde of Tobacco a man, but that [no man for his]owne
  family shalbe tyed to fence aboue an Acre of Lande, and yt whosoeuer hath
  fenced a gar[den and ]ted of the lande shalbe paide for it by the
  owner of the soyle; they shall also plant Mu[lberry trees.]

19

• The Proclamationℯ for Swearinge and drunkennes sett owt by the
  Gou9nor and Counsell [are confirmed by] this assembly, and it is further
  ordered that the Churchwardens shalbe sworne to [p̢sent them to the] Coman-
  ders of every plantatione, and that the forfecturℯ shalbe Collected by them
  [to be] for publique vses.

20

• That A proclamatione be red aboorde every shipp and afterwardes fixed
  to the mastℯ of [such ] in, prohibitinge them to break boulke or
  make privatt sales of any Comodities, untill [ ] James Cyttie,
  wthowt specyall order from the Gou9nor and Counsell.

21

• [That the proclamation of the] rates of Comodities be still in force and that
  there bee [some men] in every Plantacyone to Censure the Tobacco.

22

• That there be no waightes nor measures vsed, but such as shalbe Sealed
  by officers Appoynted for that purpose.

23

• That every dwellinge Howse shalbe Pallyzadoed in for defence againste
  the Indyans.

24

• That no man goe or sende Abroade wthowte a Sufficyent p̱tie well
  armed.

25

• That men goe nott to woorke in the grounde wthowt theire armes (and
  a Centynell vppon them.)

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26

• That ye inhabitans goe nott aboorde shippℯ or vppon any other occasions
  in such numbers, as therby to weaken and endanger the Plantatione.

27

• That the Comander of every Plantatione take care that there be Suffi-
  cyent of powder and munitione wthin the Plantatione vnder his Comande,
  and theire peeces fixt & theire armes Compleat.

28

• That there be dew watch kept by night.

29

• That noe Comander of any Plantat' do either him selfe or suffer others
  to spend powder vnnecessarily in drinking or Entertainementℯ, &c.

30

• That such p̱ersones of qualitie as shalbe fownde delinquent in their
  dewties beinge not fitt to vndergoe corporall punishment may notwth-
  standing be ymprisoned at the discretione of the Comander, and for greater
  offences to be subiect to a fine inflicted by ye mounthly Courte, soe yt it
  excede not the valew aforsaide.

31

• That every man that hath not Contributed to the findinge a man at the
  Castell shall paye for himself and servantℯ 5 pownd of Tobacco a head,
  towardℯ the discharge of such as had theire servantℯ there.

32

• That at the begininge of July next the Inhabitantℯ of every Corpora-
  tione shall falle vppon theire adioyninge Salvages as we did the last yeere,
  those that shalbe hurte vppon service to be cured at ye publique Charge,
  in case any be lamed to be mantayned by the Country accordinge to his
  p̱sone and qualitie.

33

• That for defrayinge of such Publique depte or troubles haue brought
  vppon us, there shalbe levied 10 pownd of Tobacco vppon every male
  head aboue sixteene yeers of adge now livinge (not including such as arived
  since the begininge of July laste.)

34

• That no p̱son wthin this Colonie vppon the rumor of supposed change
  and alteratione p̢sume to be disobedient to the p̢sente Gou9ment, nor
  servantℯ to theire privatt officers masters or overseers, at their vttermost
  p̱ills.

35

• That Mr John Pountis Counseller of State, goℯ into Englande (beinge
  willinge by or intreatie to accept of that Imployment to solicyte the generall
  

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  585

  
  
  cause of the Country to his matie & ye Counsell, Towardℯ the Charges of
  wch Vioadge the Country Consentℯ to pay for every male head aboue
  sixteene yeerℯ of adge then livinge wch haue been heere a yeere fowre
  pownde of the best marchantable Tobacco in leafe at or before the last
  of october next.

Subscript p̱

Sr. Frauncis wyatt knight Gou9nor, &c.

       

Capt Franc' west	John Pott
Sr Georg Yardley	Capt Roger Smith
George Sandys Trea'r	Capt. Raphe Hamer
	John Powntis

                       

William Tucker	Isack Chaplen
Jabez Whitakers	John Cew
William Peeirce	John Vtie
Rauleigh Croshow	Jo: Southerne
Natha. Bass	Nathaniell Causey
John Willcox	Robert Addams
Nicho: Martew	Thomas Harris
Clement Dilke	Richarde Stephens
Richard Kingsmell	Richard Bigge
Edward Blany	Henry Watkins
Luke Boyse	Gabriel Hollande
John Pollingtone	Thomas Marlatt[4]