IV. The other council, more generally to be called by the governor, once yearly, and no * oftener, but for † very extraordinary and important occasions, shall consist for the present, of the said council of state, and of two burgesses out of every town, hundred, or other particular plantation, to be respectively chosen by the inhabitants : which council shall be called The General Assembly, wherein (as also in the said council of state) all matters shall be decided, determined, and ordered by the greater part of the voices then present; reserving to the governor always a negative voice. And this general assembly shall have free power, to treat, consult, and conclude, as well of all emergent occasions concerning the publick weal of the said colony and every part thereof, as also to make, ordain, and enact such general laws and orders, for the behoof of the said colony, and the good government thereof, as shall, from time to time, appear necessary or requisite ;

V. Whereas in all other things, we require the said general asembly, as also the said council of state, to imitate and follow the policy of the form of government, laws, customs, and manner of trial, and other administration of justice, used in the realm of England, as near as may be even as ourselves, by his majesty's letters patent, are required.

VI. Provided, that no law or ordinance, made in the said general assembly, shall be or continue in force or validity, unless the same shall be solemnly ratified and confirmed, in a general quarter court of the said company here in England, and so ratified, be returned to them under our seal; it being our intent to afford the like measure also unto the said colony, that after the government of the said colony shall once have been well framed, and settled accordingly, which is to be done by us, as by authority derived from his majesty, and the same shall have been so by us declared, no orders of court afterwards, shall bind the said colony, unless they be ratified in

* MS. officer.

+ MS. very and extraordinary important; which likewise makes sense, taking extraordinary adverbially,

MS. for present.

§ MS. Court

like manner in the general assemblies.

In witness 1621.

whereof we have hereunto set our common seal the 24th of July, 1621, and in the year of the reign of our sovereign lord, James, king of England, &c. the **** and of Scotland the ****

July 24th.

James 1st.

COMMISSION

TO

SIR FRANCIS WYATT, &c.

Summary of the ORDINANCE and CONSTITUTION of the Treasurer, Council and Company in England, for a Council of State, and another Council to be called the GENERAL ASSEMBLY in Virginia, contained in a Commission to Sir Francis Wyatt, (the first Governor under that Ordinance and Constitution,) and his Council.

(From Ancient Records, Vol. 3, containing Charters, Commissions, &c.)

THE TREASURER and COMPANY's Commission to Sir Francis Wyatt, Governor, and Council, which said council are to assist the governor in the administration of justice, to advance christianity among Indians, to erect the colony in obedience to his majesty and in maintaining the people in justice and christian conversation, and strengthening them against enemies. The said governor, council, and two burgesses out of every town, hundred or plantation, to be chosen by the inhabitants to make up a general assembly, who are to decide all matters by the greatest number of voices; but the governor is to have a negative voice, to have power to make orders and acts necessary, wherein they are to imitate the policy of the form of government, laws, customs, manner of tryal, and other administration of justice used in England, as

P

Commis

sion to Sir Wyatt, &e

Francis

No 1621. the company are required by their letters patents, July 24th. law to continue or be of force till ratified by a quarter 7th James Court to be held in England, and returned under seal.After the colony is well framed and settled, no order of quarter court in England shall bind till ratified by the sion to Sir general assembly,

1st.

Commis

Francis

Dated 24th July, 1621.

Wvatt, &c

INSTRUCTIONS

ΤΟ

GOVERNOR WYATT.

Instruc

Francis

BY instructions dated 24th July, 1621: To keep up tions to Sir religion of the church of England as near as may be;— Wyatt, &c to be obedient to the king and do justice after the form of the laws of England; and not to injure the natives; and to forget old quarrels now buried:

To be industrious, and suppress drunkenness, gaming, and excess in cloaths; not to permit any but the council and heads of hundreds to wear gold in their cloaths, or to wear silk till they make it themselves :

Not to offend any foreign princes; to punish piracies; to build fortresses and block-houses at the mouths of the rivers :

To use means to convert the heathens, viz. to converse with some; each town to teach some children fit for the college intended to be built:

After Sir George Yeardley has gathered the present year's crop, he is to deliver to Sir Francis Wyatt, the hundred tenants belonging to governor's place; Yeardley's government to expire the 18th November next, and then Wyatt to be published governor; to swear the council;

George Sandis appointed treasurer, and he is to put in execution all orders of court about staple commodities;

to whom is allotted fifteen hundred acres and fifty ten- 1621. ants. To the marshall Sir William Newce the same. To company's deputy the same. To the physician five July 24th. hundred acres and twenty tenants; and the same to the secretary:

To review the commissions to Sir George Yeardley, governor, and the council, dated 18th November, 1618, for dividing the colony into cities, boroughs, &c. and to observe all former instructions (a copy whereof was sent) if they did not contradict the present; and all orders of court (made in England :)

To make a catalogue of the people in every plantation, and their conditions; and of deaths, marriages and christenings:

To take care of dead persons' estates for the right owners; and keep a list of all cattle, and cause the secretary to return copies of the premises once a year:

To take care of every plantation upon the death of their chief; not to plant above one hundred pounds of tobacco per head; to sow great quantities of corn for their own use, and to support the multitudes to be sent yearly; to inclose lands; to keep cows, swine, poultry, &c. and particularly kyne, which are not to be killed yet:

Next to corn, plant mulbury trees, and make silk, and take care of the French men and others sent about that work; to try silk grass; to plant abundance of vines, and take care of the vignerors sent:

To put prentices to trades, and not let them forsake their trades for planting tobacco, or any such useless commodity:

To take care of the Dutch sent to build saw-mills, and seat them at the Falls, that they may bring their timber by the current of the water:

To build water-mills, and block-houses in every plan tation :

That all contracts in England or Virginia be perform ed, and the breaches punished according to justice :

James'

1st.

1621.

July 24th.

Tenants not to be inticed away; to take case of those sent about an iron work, and especially Mr. John Berkeley, that they dont miscarry again, this being the greatJames est hope and expectation of the colonies.

1st.

To make salt, pitch, tar, soap, ashes, &c. so often recommended, and for which materials had been sent; to make oyl of walnuts, and employ apothecaries in distilling lees of beer, and searching after minerals, dyes, gums, and drugs, &c. and send small quantities home:

To make small quantity of tobacco, and that very good; that the houses appointed for the reception of new comers and public storehouses be built, kept clean, &c. to send the state of affairs quarterly, and a duplicate next shipping.

To take care of captain William Norton, and certain Italians sent to set up a glass house.

A copy of a treatise of the plantation business and excellent observances made by a gentleman of capacity is sent to lie among the records, and recommended to the councillors to study.

Mr. William Clayborne, a surveyor, sent to survey the planters lands, and make a map of the country:

Chief officers that have tenants reprimanded for taking fees; but require that the clerks have fees set for passes, warrants, copies of orders, &c.

Governor and council to appoint proper times for administration of justice; and provide for the entertainment of the council during their session, to be together one whole month about state affairs, and law suits; to record plaints of consequence; to keep a register of the acts of quarter sessions, and send home copies :

If a governor dies the major part of council to choose one of themselves within fourteen days; but if voices be divided, the lieutenant governor shall have the place; and next the marshall: next the treasurer; and one of the two deputies next:

Governor and chief officers not to let out their tenants as usual.