Nov. 20th. 1st. Instructions, &c. for the 2 colonies of Virginia. Capemerchant. Clerks. 1606. there shall be chosen there, elected yearely, by the president and councell of every of the said several colonies and plantations or the more part of them, one person, of the 4th James same colony and plantation, to be treasurer or cape-merchant of the same collony and plantation to take the charge and mannageinge of all such goods, wares and commodities, which shall be brought into or taken out of the severall magazines or storehouses; the same treasurer or cape-merchant to continue in his office by the space of one whole year, next after his said election, unless he shall happen to dye within the said year, or voluntarily give over the same, or be removed for any just or reasonable cause; and that thereupon the same president and councell, or the most part of them, shall have power and authority to elect him again or any other or others in his room or stead, to continue in the same office as aforesaid; and that alsoe there shall be two or more persons of good discretion within every of the said colonies and plantations elected and chosen yearely during the said terme of five years, by the president and councell of the same collony, or the most part of them respectively, within their several limits and precincts, the one or more of them to keep a book in which shall be registered and entred all such goods, wares, and merchandizes, as shall be received into the several magazines or storehouses within that collony, being appointed for that purpose, and the other to keep a like book, wherein shall be registred all goods, wares, and merchandizes which shall issue or be taken out of any the several magazines or store-houses of that collony, which clarks shall continue in their said places but att the will of the president and councell of that colony, whereof he is or of the major part of them; and that every person or every the said several colonies, and plantations shall be furnished with all necessaries out of those several magazines or storehouses which shall belong to the said colony and plantation, in which that person is, for and during the terme and time of five yeares, by the appointment, direction and order of the president and councell there, or of the said cape-merchant and two clerks or of the most part of them, within the said several limits and precincts of the said colonies and plantations; alsoe our will and pleasure is, and wee doe hereby ordain, that the adventurers of the said first colony and plantation, shall and may during the said terme of five years, elect and choose out of themselves one or more companies, each company con Books. Magazipes. Compa. nies. 1606. Nov. 20th. 1st. Instruc tions, &c for the 2 colonies of Virginia. rers in the years elect one or more com sisting of three persons att the least who shall be resident att or neer London, or such other place, and places, as the councell of the colony for the time being, or the most part of them during the said five years shall think fitt, who 4th James. shall there from time to time take charge of the trade an accompt of all such goods, wares and merchandizes, and other things which shall be sent from thence to the company of the same colony, or plantation in Virginia, and likewise of all such wares, goods and merchandizes, as shall be brought from the said colony or plantation unto that place within our realme of England, and of all things concerning the mannaging of the affaires and profits concerning the adventurors of that company which shall soe passe out of or come into that place or port; and likewise our will and pleasure is, that the adventurors in the Adventu said second colony and plantation shall and may during second cothe said terme of five years elect out of themselves, one lony may or more companies, each company consisting of three with persons att the least, who shall be resident att, or near out of Plymouth in our county of Devon, within our realme of themselves England, and att such one, two, or three other places or ports, as the councell of that colony, or the most part of panies. them shall think fitt, who shall there, from time to time," take care and charge of the trade, and account of all such goods, wares, merchandizes and other things, which shall be sent from thence from the same colony and plantation in Virginia, and likewise of all such goods, wares, and power and merchandizes as shall be brought from the said colony duty. and plantation in Virginia, into our realme of England, and of all things concerning the mannaging of the affaires and profits of the adventurors of that company ; alsoe our will and pleasure is, that no person or persons shall be admitted into any of the said colonies and planta- Colonists tions there to abide and remaine, but such as shall take not to take only the usual oath of obedience to us, our heires, and successors, but alsoe the oath which is limitted in the last session of Parliament holden at Westminster in the fourth year of our raigne, for their due obedience unto us, our heires and successors, that the trade to, and from any the colonies aforesaid may be mannaged to, and from such ports and places, within our realme of England, as is before in these articles intended, any thing set down heretofore to the contrary notwithstanding, and that the said President President and Councell of each of the said colonies, and and counthe more part of them respectively shall and may lawful- cil. K Their certain oaths. 1st. ~ Instructions, &c. for the 2 colonies of Virginia. May pass Must pro lization among the Indians. 1606. ly from time to time constitute, make and ordaine such constitutions, ordinauces, and officers, for the better orNov. 20th der, government and peace of the people of their several 4th James collonies, soe alwaies as the same ordinances, and constitutions doe not touch any party in life or member, which constitutions, and ordinances shall stand, and continue in full force, untill the same shall be otherwise altered, or made void, by us, our heires, or successors, or our, or their councel of Virginia, soe alwaies as the same alterations, be such as may stand with, and be in substance consonant unto the lawes of England, or the equity thereof; furthermore, our will, and pleasure is, and wee doe hereby determine and ordaine, that every person and persons being our subjects of every the said collonies and plantations shall from time to time well entreate those salvages in those parts, and use all good meanes to draw the salvages mote civi- and heathen people of the said several places, and of the territories and countries adjoining to the true service and knowledge of God, and that all just, kind and charitable courses, shall be holden with such of them as shall conforme themselves to any good and sociable traffique and dealing with the subjects of us, our heires and successors, which shall be planted there, whereby they may be the sooner drawne to the true knowledge of God, and the obedience of us, our heires, and successors, under such severe paines and punishments, as shall be inflicted by the same several presidents and councells of the said several colonies, or the most part of them within their several limits and precincts, on such as shall offend therein, or doe the contrary; and that as the said territories and countries of Virginia and America within the degrees aforesaid shall from time to time increase in plantation by our subjects, wee, our heires and successors will ordaine for further and give such order, and further instructions, lawes, constitutions and ordinances for the better order, rule and government of such, as soe shall make plantations there, as to us, our heires and successors, shall from time to time be thought fitt and convenient, which alwaies shall be such, as may stand with, or be in substance, consonant unto the lawes of England, or the equity thereof, and lastly wee doe ordaine, and establish for us, our heires and successors, that such oath shall be taken by each of our councellors here for Virginia concerning their place and office of councell, as by the privy councell of us, our heires and successors of this our realme Provision ordinances, &c. 4th James 1st. of England, shall be in that behalf limited and appointed; 1606. and that each councellor of the said colonies shall take such oath, for the execution of their place and office of Nov. 20th. councel, as by the councel of us, our heires and successors here in England, for Virginia shall in that behalfe be limited and appointed, and as well those several articles and instructions herein mentioned and contained, as alsoe all such as by virtue hereof shall hereafter be made and ordained, shall as need shall require, by the advice of our councel here for Virginia shall be transcripted over unto the said several councells of the said several colonies, under the seale to be ordained for our said councell here for Virginia. In witnesse, &c. Instrucfor the 2 colonies of Virginia. lors to take tions, &c. Council an oath. 1607. 4th James 1st. March 9. An Ordinance and Constitution enlarging the number of our Councel for the two several Colonies and Plantations in Virginia and America, between thirty-four and fortyfive degrees of northerly latitude, and augmenting their authority, for the better directing and ordering of such things as shall concerne the said Colony. Recital. Ancient [From a MS.record book in the Land-Office of Virginia-— Book No. 2.1 JAMES, by the grace of God, &c. Whereas wee, by our letters patents, under our great seale of England, bearing date the tenth day of April last past, have given lycence to sundry our loving subjects, named in the said letters patents, and to their associates, to deduce and conduct two several colonies or (a) plantations of sundry our VARIOUS READINGS. (a) “And” in the ancient records relating to Virginia. These are contained in three large folio volumes, MS. which were purchased by William Byrd, Esq. of Westover, at the sale of the library of the Earl of Southampton, who, for many years, was president of the London Company. They are a rich mine of information, and seem to have been compiled, without much regard to method, for the express purpose of forming materials for a history of Virginia. That they are a compilation, is obvious from several circumstances; first, that the orthography of the age, the events of which are recorded, is not preserved; seconilly, that in some instances, blanks are left for words, which it is presumed, were so obliterated in the original, that the transcriber could not make them out; and thirdly, that the papers are not arrauged in chronological order. But with respect to their authenticity there can be no doubt. It is well known that Col. Byrd was long engaged in collecting materials for some future historian of Virginia; and the respectable source from which these papers were derived, forbids the idea of their being spurious. Besides, as far as we have had an opportunity of comparing them with cotemporaneous papers either printed or manuscript, they agree as nearly as could be expected. These volumes contain minutes of the proceedings of the Loudon Company, and an epitome of the legislative and judicial acts of the constituted authorities in Virginia, so far at least, as they were then extant, which were regularly transmitted to England. The late John Burk, Esq. who had completed three volumes of the History of Virginia when he was snatched away by a premature death, was favored with the use of these manuscripts by John Randolph, esquire, into whose hands they had fallen. Mr. Burk made frequent reference to them, in the course of his work, and reserved for a general appendix, all the most important papers. They are now in the possession of Skelton Jones, Esq. who has undertaken to complete the History of Virginia, left unfinished by his predecessor. From the well known talents of this gentleman, and his celebrity as a writer, the public, it is believed, will have no cause to regret the change of historians, notwithstanding the deservedly high reputation of Mr. Burk as an author. 3 |