July 15.
Westminster. |
131. Letters Patent to Henry Viscount Mandeville Lord President of the Council, Wm. Lord Paget, Anthony Lord Chichester,
Sir Thos. Edmondes, Sir John Suckling, Sir Geo. Calvert, Sir
Edward Conway, Sir Richard Weston, Sir Julius Cæsar, Sir
Humphrey May, Sir Saville Hickes, Sir Thomas Smith, Sir Henry
Mildmay, Sir Thomas Coventry, Sir Robt. Heath, Sir Ferdinando
Gorges, Sir Robt. Killigrew, Sir Chas. Montague, Sir Philip Carie,
Sir Francis Goston, Sir Thos. Wroth, Sir John Wolstenholme, Sir
Nath. Rich, Sir Samuel Argoll, Sir Hump. Handford, Matthew
Sutcliff, Dean of Exeter, Francis White, Dean of Carlisle, Thos.
Fanshaw, Aldermen Robt. Johnson, Jas. Campbell, and Raphe
Freeman, Morris Abbott, Nath. Butler, Geo. Wilmore, Wm. Hackwell, John Mildmay, Philip Germayne, Edward Johnson, Thos.
Gibbes, Sam. Wrote, John Porey, Michael Hawes, Edward Palavacino, Robt. Bateman, Martin Bond, Thos. Styles, Nich. Leate,
Robt. Bell, Abrab. Cartwright, Rich. Edwardes, John Dyke,
Anthony Abdy, Wm. Palmer, Edward Ditchfield, George Mole, and
Richard Morer. Whereas at the suit of divers of his Majesty's
subjects intending to deduce a Colony and make plantation in
Virginia, and other territories in America, the King did, by his
Letters Patent in the fourth year of his reign [10 April 1606],
grant to divers knights, gentlemen, and others, that they should
divide themselves into two Colonies, called the first and second
Colonies; in which Letters Patent his Majesty declared that he,
his heirs and successors, would from time to time ordain such
further laws for the rule of the same. And did, by several privy
seal letters, give such orders for directing said first Colony, and
afterwards, upon petition of divers adventurers and planters of the
same, did by his Letters Patents in the 17th year [7th year, i.e.,
23 May 1609] of his reign incorporate divers noblemen, knights,
gentlemen, and others, by the name of the Treasurer and Company
of Adventurers and Planters of the City of London, for the first
Colony in Virginia, granting them divers powers and liberties;
and afterwards, by Letters Patent in the 9th year of his Majesty's
reign [12 March 1612], did further grant to said Treasurer and
Company divers other Islands within the limits in the said Letters
Patent expressed, with other powers. And whereas his Majesty,
having still a careful eye to the furthering of said plantations, and
finding the courses taken for the settling thereof had not taken
that good effect which his Majesty intended, did, by Commission
lately granted to certain persons of quality and trust, cause the
state of said country of Virginia to be examined, and how the great
sums of money collected for the good thereof had been expended.
And whereas his Majesty's Commissioners, after much labour,
certified that the people sent to said country were most of them, by
God's visitation, sickness, famine, and massacres by the native
savages, dead, and those living, in miserable and lamentable necessity and want; but the country appeared to be fruitful and
healthful, and that, if industry were used, it would produce many
staple and good commodities, tho' as yet the sixteen years' government now past had yielded few or none. And this neglect, they
conceived, must fall on the Governors and Company here, and
that said plantations were of great importance and would, as they
hoped, remain a lasting monument of his Majesty's happy government if the same were prosecuted to those ends for which they
were first undertaken; and his Majesty's instructions for the
direction of affairs there by thirteen Councillors in Virginia and as
many here, all nominated by his Majesty, had been pursued and
not altered into so popular a course; and much better effects had
been produced and much contention and confusion avoided. His
Majesty, in consideration of the premises, did, by advice of his
Privy Council, resolve, by altering the Charters of said Company,
to settle such a course as might best secure the safety of his people
there, and cause said plantation to flourish, and yet with preservation of the interest of every planter or adventurer, so far forth
as they shall not prejudice the public plantations. But because
said Treasurer and Company did not submit their Charters to be
reformed, his Majesty's proceedings therein were stayed, until upon
a Quo Warranto the said Charters are avoided, his Majesty being
resolved to proceed in the course he ever intended by a new
Charter. But because the points thereof may be many, and require
deliberation, and yet the least delay may prove perilous to said
plantation, his Majesty, reposing assured confidence in the circumspection of those above named, appoints them his Commissioners,
with power to any six, whereof the Lord President, Lord Chichester,
Sir Thomas Edmondes, Sir John Suckling, Sir George Calvert, Sir
Edward Conway, Sir Richard Weston, or Sir Julius Cæsar, to
be one, to take into consideration the state of said Colony and
Plantation, as well for the safety of the people, strength of the
place, and government there, as for the managing of the business
here in England, to settle the same by such orders, as they shall
find most fit, and gives them power to execute authorities, privileges, &c., mentioned in said Letters Patent, and to take into
their hands goods and money in the hands of any persons for the
public use of said Colony, or of said pretended Governor and Company; also to give orders for sending of supplies to said Colony,
out of proceeds of said goods and money, and to confer with the
adventurers or planters for the advancement of said Plantation,
and appoint Committees for the preparation of affairs; also to set
down such matters as they think most necessary for settling the
Government of said Colony, and concerning the planters, adventurers, and inhabitants thereof, and of the trade, and all other
things whatsoever, requisite for the maintenance, increase, and continuance of said Colony, necessary to be inserted in the new
Charter, declaring that in case of any question which requires aid
from his Majesty, he and his Privy Council will give such directions as shall be most necessary. Also that if any be hereafter
willing to raise any joint stock to be sent to said Colony, every
such adventurer to have a free voice in the ordering and disposing
of the same. Power also given to take into their custody the seals
of the Treasurer, Company, and Council of Virginia, and to keep
and peruse all Charters, Patents. Grants, and Instructions, heretofore given to said Treasurer and Company and others, concerning
said Colony and all books, orders, letters, and other writings in
whose hands soever the same be; requiring all persons to deliver
up same to said Commissioners for their better information "in
this work of so deep and great information; willing and requiring you to be diligent and attendant at the execution of the
same." This Commission to continue in force until his Majesty,
by writing under his Signet or Privy Seal, signify his pleasure to
the contrary. [Patent Roll, 22 Jac. I., Part I., No. 4.] |
| Aug. 26. |
134. The King's Commission to Sir Francis Wyatt and others,
to be Governor and Council of Virginia. The substance of his
Majesty's Letters Patent of the 4th (10 April 1606), 7th (23 May
1609), and 9th (12 March 1612) years are recited; the examination
of the State of Virginia by Commissioners, who certified that most
of the people, by sickness, tamine, and massacres by the savages,
were dead, though the country appeared fruitful and heaithial,
so that the neglect the Commissioners conceived must fall on
the Governors and Company here. His Majesty's resolve to alter
the Charters of the Company as to the point of government, and
that because the Treasurer and Company did not submit their
Charters to be reformed, said Charters were upon a Quo Warranto
avoided; and also the appointment, by Commission dated July 15,
1624, of Henry Viscount Mandeville, Lord President of the Council,
and others, for managing the affairs of said Colony in England.
And said Commissioners having advised to appoint persons residing
in Virginia for the ordering of affairs there, his Majesty, by these
presents, nominates Sir Francis Wyatt Governor, and Francis West,
Sir George Yeardley, George Sandys, Roger Smyth, Raph Hamor,
John Martin, John Harvey, Samuel Matthewes, Abraham Percey,
Isaac Madison, and William Clayborne, Council for said Colony,
with authority to govern and punish, according to instructions
heretofore given, or that shall hereafter be given by his Majesty
or his Commissioners. 3¼ membs. [Patent Roll, 22 Jac. I., Pt. 17,
No. 2.] |
