Articles, Instructions and Orders made, sett down and established by us,wentieth day of November, in the year of our raigne of England, France, and Ireland the fourth and of Scotland the fortieth, for the good Order and Government of the two several Colonies and Plantations to be made by our loving subjects, in the Country commonly called Virginia and America, between thirty-four and forty five degrees from the æquinoctial line. [From a MS. record book, in the Register's-Office of Virginia.—Book No. 2, pa. 1.] Instruc for the 2 charter. WHERAS wee, by our letters pattents under our great seale of England, bearing date att Westminster, the tenth day of Aprill, in the year of our raigne of Eng- colonies of land, France and Ireland the fourth, and of Scotland the Virginia. 39th have given lycence to sundry our loving subjects named in the said letters pattents and to their associates, to deduce and conduct two several collonies or plantations of sundry our loving people willing to abide and inhabit in certaine parts of Virginia and America, with divers Recital of preheminences, priviledges, authorities and other things, former as in and by the same letters pattents more particularly it appeareth, wee according to the effect and true meaning of the same letters pattents, doe by these presents, signed with our hand, signe manuel and sealed with our privy seale of our realme of England, establish and ordaine, that our trusty and well beloved Sir William Wade, knight, our Lieutenant of our Tower of London, Sir Thomas Smith, knight, Sir Walter Cope, knight, Sir Gorge Moor, Knight, Sir Francis Popeham, knight, Sir Ferdinando Gorges, knight, Sir John Trevor, knight, Sir Henry Montague, knight, recorder of the citty of London, Sir William Rumney, knight, John Dodderidge, Esq. Sollicitor General, Thomas Warr, Esqr. John Eldred of the citty of London, merchant, Thomas James of the citty of Bristol, merchant, and Jame Bagge of Plymouth, in the county of Devonshire, merchant, shall be our councel for all matters which shall happen in Virgiuia of any the territories of America, between thirtyfour and forty five degrees from the æquinoctial line northward, and the Islands to the several collonies limitted and assigned, and that they shal be called the King's 1606 Nov. 20th. 1st. Instruc for the 2 colonies of Virginia. Councillors, how nominat ed. Councel of Virginia, which councel or the most part of them shal have full power and authority att our pleasure, in our name, and under us, our heires and successors, to 4th James give directions to the councels of the several collonies which shal be within any part of the said country of Virginia and America, within the degrees first above mentitions, &c. oned, with the Islands aforesaid, for the good government of the people to be planted in those parts, and for the good ordering and disposing of all causes happening within the same, and the same to be done for the substance thereof, as neer to the common lawes of England, and the equity thereof, as may be, and to passe under our seale, appointed for that councel, which councel, and every or any of them shall, from time to time be increased, altered or changed, and others put in their places, att the nomination of us, our heires and successors, and att our and their will and pleasure, and the same councel of Virginia, or the more part of them, for the time being shall nominate and appoint the first several concellours of those several councells, which are to be appointed for those two several colonies, which are to be made plantations in Virginia and America, between the degrees before mentioned, according to our said letters pattents in that behalfe made; and that each of the same councels of the same several colonies shal, by the major part of them, choose one of the president; same councel, not being the minister of God's word, to nuance in be president of the same councel, and to continue in that office, by the space of one whole year, unless he shall in the mean time dye or be removed from that office; and wee doe further hereby establish and ordaine, that it shal be lawful for the major part of either of the said councells, upon any just cause, either absence or otherwise, to remove the president or any other of that councel, from being either president or any of that councel, and upon the deathes or removal of any of the presidents or councel, it shal be lawfull for the major part of that councel, to elect another in the place of the party soe dying or removed, so alwaies, as they shal not be above thirteen of either of the said councellours, and we doe establish and ordaine, Christian that the president shal not continue in his office of presire'igion to dentship above the space of one year; and wee doe specially ordaine, charge, and require, the said presidents and councells, and the ministers of the said several colonies respectively, within their several limits and precincts, that they, with all diligence, care, and respect, doe provide, that the true word, and service of God and Chris Each council to choose a his conti office. Vacancies how sup plied. be preach ed among the colonists and the savages. Nov. 20th. 1st. Instruc. drawing religion or How lands to tian faith be preached, planted, and used, not only within 1606. every of the said several colonies, and plantations, but alsoe as much as they may amongst the salvage people which doe or shall adjoine unto them, or border upon 4th James them, according to the doctrine, rights, and religion now professed and established within our realme of England, and that they shall not suffer any person, or persons to tions, &c. withdrawe any of the subjects or people inhabiting, or for the 2 which shall inhabit within any of the said several colonies colonies of Virginia. and plantations from the same, or from their due allegiance, unto us, our heires and successors, as their immedi- Penalty ate soveraigne under God; and if they shall find within for with any of the said colonies and plantations, any person or any of the persons soe seeking to withdrawe any of the subjects of people us, our heires or successors, or any of the people of those from their lands or territories, within the precincts aforesaid, they allegiance. shall with all diligence, him or them soe offending cause to be apprehended, arrested, and imprisoned, until he shall fully and throughly reforme himselfe, or otherwise, when the cause soe requireth, that he shall, with all convenient speed be sent into our realme of England, here to receive condigne punishment for his or their said offence or of fences; and moreover wee doe hereby ordaine and establish for us, our heires and successors, that all the lands, tenements, and hereditaments to be had and enjoyed by any of our subjects within the precincts aforesaid, shal be had and inherited and injoyed, according as in the like estates they be had and enjoyed by the lawes within this realme of England; and that the offences of tumults, rebellion, conspiracies, mutiny and seditions in those parts which may be dangerous to the estates there, together with murther, manslaughter, incest, rapes, and adulteries committed in those parts within the precincts of any the degrees above mentioned (and noe other offences) shal be punished. punished by death, and that without the benefit of the clergy, except in case of manslaughter, in which clergie is to be allowed, and that the said several presidents and councells, and the greater number of them, within every of the several limits and precincts, shall have full power and authority, to hear and determine all and every the offences aforesaid, within the precinct of their several colonies, in manner and forme following, that is to say, by twelve Trial by honest and indifferent persons sworne upon the Evange- jury. lists, to be returned by such ministers and officers as every of the said presidents and councells, or the most part of them respectively shall assigne, and the twelve persons descend and pass. How cer tain offen ces to be 1st. Instruc for the 2 colonies of Virginia. Judgment on standing mute, or by con fession. President and council to pro nounce judgment. 1606. soe returned and sworne shall, according to their evidence to be given unto them upon oath and according to Nov. 20th. the truth, in their consciences, either convict or acquit 4th James every of the said persons soe to be accused and tried by them, and that all and every person or persons, which shall voluntarily confesse any of the said offences to be tions, &c. committed by him, shall, upon such his confession thereof, be convicted of the same, as if he had been found guilty of the same, by the verdict of any such twelve jurors, as is aforesaid; and that every person and persons which shall be accused of any of the said offences, and which shall stand mute, or refusing to make direct answer thereunto, shall be, and he held convicted of the said offence, as if he had been found guilty by the verdict of such twelve jurors, as aforesaid; and that every person and persons soe convicted, either by verdict, his own confession, or by standing mute, or by refusing directly to answer as aforesaid of any the offences before mentioned, the said presidents, or councells, or the greatest number of them within their several precincts and limitts, where such conviction shall be had and made as aforesaid, shall have full power and authority, by these presents, to give judgment of death upon every such offender, without the benefit of the clergy, except only in cause of manslaughter, and noe person soe adjudged, attainted, or condemned shall be reprived from the execution of the said judgment, without the consent of the said president and councel or the most part of them by whom such judgment shall be given ; and that noe person shal receive any pardon, or be absolutely discharged of any the said offences, for which he shall be condemned to death as aforesaid, but by pardon of us, our heires and successors, under our great seale of England; and wee doe in like manner establish and ordaine, if any either of the said collonies shall offend in any of the offences beforementioned, within any part between the degrees aforesaid, out of the precincts or his or their collony, that then every such offender or offenders shall be tried and punished as aforesaid within his or their proper collony; and that every the said presidents and councells, within their several limits and precincts, and the more part of them shall have power and authority by these presents, to hear and determine all and every other wrongs, trespasses, offences, and misdemeanors whatsoever, other than those before mentioned, upon accusation of any person, and proofe thereof made, by sufficient witnesse upon oath ; and that in all those cases the said president and councel, and Reprieve by the president and council,-pardon by the king. Offenders to be tried in their co lony. President & council to have power to hear and determine all civil causes. 1606. Nov 20th. 1st. tions, &c. Instruc for the 2 colonies of Virginia. To punish excesses & drunken ness How judicial probe entered. ceedings to the greater number of them, shall have power and authority, by these presents respectively, as is aforesaid, to punish the offender or offenders, either by reasonable corporal punishment and imprisonment, or else by a conve- 4th James pient fine, awarding damages or other satisfaction, to the party grieved, as to the said president and councell, or to the more part of them, shall be thought fitt and convenient, having regard to the quality of the offence, or state of the cause; and that alsoe the said president and councel, shall have power and authority, by virtue of these presents, to punish all manner of excesse, through drunkennesse or otherwaise, and all idle loytering and vagrant persons, which shall be found within their several limits and precincts, according to their best discretions, and with such convenient punishment, as they or the most part of them shall think fitt; alsoe our will and pleasure, concerning the judicial proceedings aforesaid, that the same shall be made and done summarily, and verbally without writing, until it come to the judgment or sentence, and yet nevertheless our will and pleasure is, that every judgment and sentence hereafter to be given in any the causes aforesaid, or in any other of the said several presidents and councells, or the greater number of them, within their several limits and precincts, shall be breifely and summarily registered into a book, to be kept for that purpose, together with the cause for which the said judgment or sentence was given; and that the said judgment and sentence, so registered and written, shall be subscribed with the hands or names of the said president and councel,or such of them as gave the judgment or sentence; alsoe our will and pleasure is, and wee doe hereby establish and ordaine, that the said several How the collonies and plantations, and every person and persons are to trade of the same, severally and respectively, shall within eve- for the firs ry of their several precincts, for the space of five years, 5 years. next after their first landing upon the said coast of Virginia and America, trade together all in one stocke or devideably, but in two or three stocks at the most, and bring not only all the fruits of their labours there, but alsoe all such other goods and commodities which shall be brought out of England, or any other place, into the same collonies, into severall magazines or store houses, for that purpose to be made, and erected there, and that in such order, manner and form, as the councel of that collony, or the more part of them shall sett downe and direct; and our will and pleasure is, and wee doe in like manner ordaine, that in every of the said collonies and plantations colonists |