March 12.
Westminster. |
59. Grant by Letters Patent to the Treasurer, Company, and
Adventurers of Virginia. Recites Letters Patent of 23 May 1609,
[ante No.49] granted at the suit of divers adventurers and planters
of the first Colony in Virginia. Now, forasmuch as his Majesty
understands that without the compass of said two hundred miles,
and yet not far distant from said Colony, there are divers islands
uninhabited, some discovered by the industry of said Company,
which it may import said Colony to plant, in regard whereof they
are suitors to his Majesty to grant an enlargement of said patent,
as well for an extent of limits as for other matters concerning the
better Government of said Company and Colony. His Majesty,
tendering the good success of said plantation and Company, &c.,
grants to said Treasurer, &c., for ever, all the islands within three
hundred leagues of the parts granted to said Treasurer, &c., in said
Letters Patent, and being within 41 and 30 deg. N.L. with all
lands, waters, minerals, commodities, privileges, &c., whatsoever
Provided always that said islands be not possessed by any other
Christian Prince or State, or within the bounds of the Northern
Colony of Virginia, to enjoy said islands for ever, to be holden of
his Majesty, &c. in free and common soccage, yielding the fifth part
of gold and silver. And further, his Majesty grants ("that posterity
may hereafter know who have adventured, and not been sparing of
their purses in such a noble and generous action for the genera
good of their country,") that George, Archbishop of Canterbury
Gilbert Earl of Shrewsbury, Mary Countess of Shrewsbury (here
follows a list of earls, countesses, bishops, lords, knights, and
others, occupying 1½ membranes) who since said last Letters Patents
have joined with the former adventurers of said Company, shall
henceforth be free members of the Company, and shall, according
to the proportion of their adventure, enjoy all rights, privileges,
profits, &c., in as ample manner as any other adventurers nominated
in any former Letters Patents. And his Majesty further grants
that Philip Earl of Montgomery, William Lord Paget, Sir John
Harrington, Sir Willm. Cavendish, Sir John Sammes (sic), Sir
Samuel Sandys, Sir Thomas Freke, Sir William St. John, Sir Richard
Grobham, Sir Thomas Dale, Sir Cavalliero Maycott, Richard
Martin, John Bingley, Thomas Watson, and Arthure Ingram, whom
said Treasurer and Company have nominated, shall be of his
Majesty's Council for said first Colony. And his Majesty grants that
said Treasurer, &c., shall, once every week or oftener, hold a Court
for ordering said plantation, and that any five of said Council (of
which the Treasurer or his deputy to be one), and fifteen at least
of the generality, shall be a sufficient Court for dispatching casual
matters of less weight touching said plantation, and that for the
handling of affairs of great importance, as the manner of government, disposing of said possessions, and establishing of trade, there
shall be held upon the last Wednesday save one of Hilary, Easter,
Trinity, and Michaelmas terms for ever, a General and Solemn
Assembly or Court; and the greater number so assembled shall
have power to elect persons to be of "Our Council" for said Colony,
nominate officers, make laws for the good of said plantation not
contrary to the laws of England, and disfranchise from their
Company all such as shall refuse or neglect to put in their
adventure within six months after same shall be due. And
whereas the non-payment of such monies promised in adventure has
been found much to have hindered the progress of said plantation,
and it seems reasonable that persons neglecting their promise
should be compellable to make good the same, his Majesty's pleasure
is that in any suits commenced by said Treasurer, &c., against such
persons, the Judges both in the Courts of Chancery and Common
Law further such suits, so far forth as law and equity will permit.
And his Majesty farther grants to said Treasurer, Company, &c.
that the greater part of them in General Court assembled, may
elect into their Company as well aliens (born in any parts in amity
with his Majesty) as natural subjects, who shall enjoy all privileges,
profits, &c., to the Company belonging, as amply as any other
adventurer; that it shall be lawful for them to transport to said
Colony all such of his Majesty's subjects, or strangers that will
become his Majesty's subjects, as shall willingly accompany them,
with shipping, munition, victuals, merchandize, furniture, beasts,
and all other things necessary for plantation, defence, and trade,
without yielding any custom or duty for seven years; and that
said Treasurer or his deputy or any two others of said Council shall
have power to minister the oaths of supremacy and allegiance to
all who shall pass to said Colony, and to minister such a formal
cath as by them shall be devised to all persons employed touching
said plantation, for faithful discharge of their service, also to such
persons as they shall think meet for examination in any cause
concerning said plantation. And whereas his Majesty has been
certified that divers lewd persons having received entertainment
from said Company or having contracted to be employed in said
plantation, have withdrawn or refused to go thither, and that divers
persons employed in said plantations have misbehaved themselves
by mutinies, &c., or having been sent abroad by the Governor
of Virginia for some discovery or other business, have most
treacherously returned to England by stealth, or have been sent
hither as misdoers, and having been questioned by Council, have
by their insolent carriage shown little respect to the authority to
which his Majesty has appointed them, and by most vile and
slanderous reports, as well of the country of Virginia as of the
government, have done as much as in them lay to bring said
plantation into contempt, by means whereof not only the adventurers
have been exceedingly abused, and a great number of others
discouraged from joining in so noble, christian, and worthy an
action, but also the ulter ruin of the same has been greatly
endangered. Now, forasmuch as it appears that these abuses have
grown in regard said Council have not power by said former
Letters Patent to chastize such offenders, his Majesty for reformation of so enormous abuses grants to said Treasurer, &c., that it
shall be lawful for any two of said Council (of which said Treasurer
or Deputy to be one) to cause to be apprehended every such
person as shall misbehave as before mentioned, and upon examination and proof before said Council of such misdemeanors, or upon
any insolent carriage to said Council, to bind them over with good
security for their good behaviour or remand them back to said
Colony to be proceeded against according to the laws in use there.
And for the more effectual advancing of said plantation, his
Majesty, by the consent of his Privy Council, grants said Treasurer
and Company license to publish lotteries, to be held for a whole
year, and afterwards they shall have six months warning before
his Majesty's pleasure shall be deemed altered, said lotteries to be
held within this realm of England, and with such prizes, conditions,
&c., as to said Treasurer, &c., shall seem convenient. And it shall
be lawful for said Treasurer, &c., to elect receivers and other officers
for the governing of said lotteries, and administer oaths to them
for their true dealing, and to publish by proclamation said lotteries
in all cities, towns, boroughs, thoroughfares, and other places within
England. And his Majesty wills all mayors, justices, sheriffs,
bailiffs, constables, and other his officers and subjects to be aiding
and assisting said lotteries by all lawful means. And his Majesty
confirms to said Treasurer, &c., all manner of privileges, &c., granted
them in any his Letters Patent, and not in these presents revoked,
altered or abridged. 7 membs. [Patent Roll, 9 Jas. I., Part 14.] |
