A declaration of the state of the colonie and affaires in Virginia with the names of the aduenturors, and summes aduentured in that action. By his Maiesties Counseil for Virginia. 22 Iunij. 1620.
About this Item
Title
A declaration of the state of the colonie and affaires in Virginia with the names of the aduenturors, and summes aduentured in that action. By his Maiesties Counseil for Virginia. 22 Iunij. 1620.
Author
Counseil for Virginia (England and Wales)
Publication
London :: Printed by T[homas] S[nodham and Felix Kingston],
1620.
Rights/Permissions
To the extent possible under law, the Text Creation Partnership has waived all copyright and related or neighboring rights to this keyboarded and encoded edition of the work described above, according to the terms of the CC0 1.0 Public Domain Dedication (http://creativecommons.org/publicdomain/zero/1.0/). This waiver does not extend to any page images or other supplementary files associated with this work, which may be protected by copyright or other license restrictions. Please go to http://www.textcreationpartnership.org/ for more information.
Subject terms
Virginia Company of London -- Early works to 1800.
Virginia -- History -- Colonial period, ca. 1600-1775 -- Early works to 1800.
Link to this Item
http://name.umdl.umich.edu/A14521.0001.001
Cite this Item
"A declaration of the state of the colonie and affaires in Virginia with the names of the aduenturors, and summes aduentured in that action. By his Maiesties Counseil for Virginia. 22 Iunij. 1620." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A14521.0001.001. University of Michigan Library Digital Collections. Accessed May 7, 2025.
Pages
descriptionPage 1
ORDERS AND CONSTITVTIONS, Partly collected out of his Maiesties Letters Patents, and partly ordained vpon mature deliberation, by the TREASVROR, COVNSEIL and COMPANIE of VIRGINIA, for the better gouer∣ning of the Actions and affaires of the said COMPANIE here in England residing. Anno 1619. and 1620.
Courts.
I.
THERE are foure great generall Courts, commonly called Quarter Courts, appointed to be held by the Treasuror, Counseil and Compa∣nie of Virginia, vpon the foure last Wednesdayes saue one of euery Tearme: which onely haue and shall haue power to choose Counseilours and Officers, as well for the Companie here, as also for the Colonie
descriptionPage 2
and Planters in Virginia: to make Lawes and ordi∣nances: to distribute and dispose of the Lands in Vir∣ginia: and to settle matter of Trade for the behoofe of the Companie and Colonie.
II.
EVery Munday before a Quarter-Court, shall be held a Court to prepare all kinde of businesse reser∣ued to the power of the Quarter Court to determine.
III.
EVery Wednesday fortnight, reckoning from the great Courts, shall also be held an ordinary Court for this Company, for dispatch of ordinary and ex∣traordinary businesse. And it is not to be counted a perfect Court, vnlesse there be fiue of the Counseil there (the Treasuror or Deputie being one) and fifteene of the Generality.
IV.
IT shall be in the power of the Treasuror, or the Deputie in his absence, vpon extraordinary cause to call an extraordinary Court.
V.
IT shall not be in the power of any other then a Quarter Court, to make any contract whereby to binde the Company for any continuance of yeares. In which case it shall be proposed also in the Prepara∣tiue Court next preceding.
descriptionPage 3
VI.
PVblique businesse shall haue the precedence in the Courts before priuate, vnlesse there be extraordi∣nary important cause to the contrary.
VII.
IF any thing ordered in an ordinary or lesser Court, be afterward reuersed in one of the great and gene∣rall Courts: It shall be from thence forward as though it had neuer beene so ordered.
VIII.
ALL Courts shall begin at two of the clocke in the afternoone, and dissolue at the rising of the Treasuror, or of the Deputie in his absence.
IX.
NOthing shall be put to the question after sixe of the Clocke in the after-noone.
X.
IN regard of the great businesse for Virginia yearely encreasing, It shall be in the power of the Treasuror, (if hee see it so necessary) to assemble the Quarter Courts both in the fore-noones and after-noones of the dayes appointed for them.
XI.
THe Companie shall be summoned to the Quarter Courts, and Courts extraordinary, by the Offi∣cer:
descriptionPage 4
But of the ordinary Courts themselues shall take notice. And the Secretary shall keepe a booke of the proceedings of the Courts: who with the Booke-kee∣per, Husband, and Bedle, shall at all Courts giue di∣ligent attendance.
XII.
IT shall be lawfull at a generall Court, and with con∣sent thereof, to dispence with all meetings in long Vacations, or in such part of them as may be spared; vnlesse some extraordinary matter befall, in which case may be called extraordinary Courts.
XIII.
THe Treasuror and Company, being a Body and Commonaltie perpetuall, shall haue one faire and common Seale, to be kept by the Treasuror; and not to be affixed to any Grants or Instruments what∣soeuer, otherwhere then in publique Courts, or by warrant from thence.
XIV.
THe Treasuror and the Counseil or the Court, haue power to admit any into this Society.
Elections.
XV.
AT the great and generall Court, commonly called the Quarter Court, in Easter Terme, all Offices
descriptionPage 5
of this Company (excepting the Counseil) shall be voide: And the Court shall proceede to an election of new Officers, in manner following.
XVI.
THE Treasuror in the beginning of the Court, at the giuing vp of his Office, shall declare by word or writing the present estate of the Colonie and Planters in Virginia. And deliuer into the Court a Booke of his accounts for the yeere past, examined and approued vnder the Auditors hands: Declaring withall the present estate of the Cash.
XVII.
AFter the choise of a Treasuror, a Deputie shall be chosen; then the Auditors, and Comitties; and lastly the Secretarie, Booke-keeper, Husband, and Bedle.
XVIII.
AT the choise of each Officer, the persons nomina∣ted for the election, shall withdraw themselues till the party chosen be publiquely so pronounced. And generally no man shall be present in the Court, whilst himselfe or his matter passeth the iudgement of the Court.
XIX.
IN regard of the weighty and manifold businesse of this Companie, which is also like daily to encrease:
descriptionPage 6
No man shall be chosen Treasuror of the Company of Virginia, who at the time of his election is Gouernor of any other Company; but vpon condition that be∣fore the next Quarter Court hee effectually resigne that other Gouernement: except it seeme good for the behalfe of both Companies, that the same man be also Gouernour of the Somer Ilands Company.
XX.
IT is for weighty reasons thought very expedient, that no man continue in the place of Treasuror or Depu∣tie, aboue three yeares at once.
XXI.
FOr the auoiding of diuers inconueniences, It is thought fit, that all elections of principall Officers in or for Virginia, as also of the Treasuror and Depu∣tie here, be performed by a Ballating box, as in some other Companies.
XXII.
EVery Officer as he is chosen, shall openly in Court take his oath: or if he be absent, at the next Court he commeth to.
XXIII.
THe Treasuror, Deputie, Auditors, and Comitties, ha∣uing no certaine allowance for their cares and la∣bours: the reward of these former Officers according to their deserts, is referred to the pleasure of the Court wherein new Officers are chosen.
descriptionPage 7
Treasuror.
XXIV.
THe Treasurors duetie is to keepe the ordinary Courts of Virginia: and vpon cause extraor∣dinary, to call Courts extraordinarily. And in all Courts, and other meetings, hee is to haue a casting voyce.
XXV.
HE is to moderate the Courts in qualitie of a Pre∣sident: And to cause grauity, decency, and good order to be obserued: And for breach thereof, after a graue admonition, first giuen, and not preuailing; to proceede to reformation by the iudgement of the Court.
XXVI.
HE is to propound and put all things to the que∣stion which the Court requires, vnder paine of being immediately put from his Office, if he refuse. In which case the Deputie shall doe it, vnder the like paine. And if he refuse, then any of the Counseil there present.
XXVII.
WHereas the Treasuror is to put to the question all things which the Court requires: It is
descriptionPage 8
explaned to be intended of such things as are not con∣trary to his Maiesties Letters Patents or Instructions, not to the standing Lawes and Orders of the Com∣panie.
XXVIII.
HE is to haue care that the extraordinary Comit∣ties appointed by the Courts to seuerall businesse, doe prosecute the same; and giue seasonable account of their doings to the Court.
XXIX.
HE is also to haue an especiall care, that no Grant or Patent doe passe from the Companie, but vpon ex∣amination thereof by a select Comittie, who are ex∣actly to obserue the Orders made concerning them. And to this end, with diuers others, he is to haue a vigi∣lant eye on the Companies and Counseils Sea••es, that they be not wronged by abusing of them.
XXX.
THe Treasuror, vpon receipt of publique Letters from or concerning Virginia, shall assemble at least foure of the Counseil to impart them to them; and by their assents shall cause them to be read in Court, vn∣lesse there be some cause of secresie: In which case he shall communicate them with the Counseil onely. In like sort the publique Letters and Instructions to be sent to the Gouernour, Counseil, or People in Virginia, or otherwise concerning them, hee shall cause to be publiquely read and approued by the Court, or Coun∣seil,
descriptionPage 9
as the case shall require. And neither he, nor any other, shall of his owne head or authoritie, write or send any directions, swaruing from such as the Court or Counseil shall giue, vpon paine to be dis-fran∣chized.
XXXI.
THe Treasuror shall assemble the Counseil vpon all weightie occasions requiring serious deliberation: And shall haue care with them, that the Lords of his Maiesties priuie Counseil be acquainted with all mat∣ters of extraordinary and greatest importance concer∣ning the State.
XXXII.
HE is to doe his best that fit Counsailors be chosen: And being chosen, is to haue care that they take their oathes.
XXXIII.
THe Treasuror is to haue care also, that the gene∣rall Comitties keepe their Courts with the Depu∣tie, vpon all occasions of businesse.
XXXIV.
HE is to doe his best that fit men be chosen also to that place: And that they which are chosen, be sworne.
XXXV.
THe Treasuror at his pleasure shall sit in any Assem∣bly of Comitties, ordinary, or extraordinary; vn∣lesse it concerne himselfe.
descriptionPage 10
XXXVI.
THe Treasuror shall stand charged with the pub∣lique Treasure of the Company. And is to haue care th••t it be duely got in: And not issued out, but by lawfull warrant, and to the Companies vse.
XXXVII.
A Lawfull warrant for charges of the present yeare, is that which is signed by the Deputie and foure of the Comitties: And for former charges or Debts; that which is signed by three of the Auditors, whereof one to be of the Quorum. And vnderneth, or vpon the backes of euery Warrant, an Acquittance shall be taken for the receipt vnder the parties hand.
XXXVIII.
THe Treasuror is also to yeelde vp a true and per∣fect account of the generall Cash at the end of his yeare: And to bring it in a fortnight before to the Auditors, to be examined. And at all times, being requested by the Auditors, to shew in what case the Cash doth stand.
XXXIX.
IF any complaint or suspition growe concerning the Account, there shall be a reuiew made by twelue chosen by the Court. And the account being accep∣ted and approued by the Court; the Treasuror shall haue his Quietus est vnder the Companies Seale, at the Quarter Court in Trinuie Term then next ensuing.
descriptionPage 11
XL.
THe standing wages of the Cashier shall be sus∣pended: and his reward such as that Quarter Court in Easter Term shall appoint.
Deputie.
XLI.
FOR matter of the Courts, in the Treasurors ab∣sence, the Deputie shall performe his Office: and in his presence, be assisting to him.
XLII.
HEe shall ouersee the Secretary for entring the Or∣ders of Courts. And shall giue instructions for the writing of Letters, as he shall be directed: and haue care that accordingly they be written.
XLIII.
THe Deputie shall also keepe the Courts of Co∣mitties, vpon all occasions requisite. And in them shall haue a casting voyce.
XLIV.
HE shall suffer no Warrants to be made and signed for issuing out of money, but in the open Court of Comitties, after due examination of the cause: vnto all which Warrants his owne hand shall be first
descriptionPage 12
set; and after it, other foure hands or more of the Co∣mitties. And the Deputie and Comitties shall not inter∣medle with disbursments for any other charges, then such as arise within the compasse of their owne yeare.
XLV.
VVHere a Warrant is directed to the Treasuror, to pay any grosse Summe to the Deputie; to be issued out by him and the Committies for the vse of the Companie: In that case it shall not be requisite that the Deputies hand be to the warrant, so it be to the receipt.
XLVI.
GEnerally he shall ouersee all inferiour Officers, that they performe their dueties.
Counseil.
XLVII.
THe names of his Maiesties Counseil for Virginia, shall be publiquely read in euery Quarter-Court in Michelmas Term: They requested by the Treasuror to attend the seruice, and warned to take their Oathes.
XLVIII.
IF there be defect in the number, or attendance of the Counseil; then addition shall be made: And that but onely of men of especiall worth and qualitie, and such as are likely to giue attendance to that seruice. They
descriptionPage 13
are to continue Counseilors during life: vnlesse they be displaced by a great and generall Court.
XLIX.
IN regard of the present great number of the Coun∣seil, and to preserue vnto them that reputation which is fit for their place and employment: None hereafter vnder the degree of a Lord or principall Magistrate, shall be chosen to be of his Maiesties Counseil for Virginia; but such as by diligent attendance at the Courts and seruice of Virginia for one yeare at least before, haue approued their sufficiency and worth to the Companie.
L.
SEuen of the Counseil, being assembled by order, without practize or purpose to exclude the rest, shall be counted the Counseil.
LI.
THe Counseil are to assemble vpon all important occasions, being requested by the Treasuror, or the Deputie in his absence; and in defect of bothe, be∣ing desired by the Court: And without fauour or dis∣pleasure, priuate or sinister respect, to giue their faith∣full aduise in all matters tending to the aduancement or benefit of the Plantation: and especially touching the making of Lawes and Constitutions, for the bet∣ter gouerning as well of the Companie here, as also of the Colonie planted in Virginia. Wherein the policie and forme of England is to be followed as neere as may be.
descriptionPage 14
LII.
THe Counseil shall haue an especiall regard, by pi∣ous constitutions, and by other good politique Lawes and Orders, to hold the people there, in the true religion and seruice of God: and in assured allegeance to his Maiestie and the Crowne of Eng∣land: In due respect also to his Maiesties Counseil here, and to this Company of Virginia: And in Iustice, Peace, vniformitie, and amitie amongst themselues.
LIII.
THey shall also according to the first institution and profession of this Companie, aduise and deuise to the vtmost of their powers, the best meanes for the reclaiming of the Barbarous Natiues; and bringing them to the true worship of God, ciuilitie of life, and vertue.
LIV.
ALL Instructions to the Gouernour and Counseil, and all other principall Officers in Virginia, shall proceede from the Counseil, and vnder their hands and Seale: which Seale shall be in the custodie of the Treasuror.
LV.
IF any principall Officer of the Companie here; or Ma∣gistrate, great Officer, or Counseilor in Virginia; shall by the fame of his misdeserts, or particular accusation, merit to be called in question of being remoued from
descriptionPage 15
his place, or otherwise reformed or censured: He shall be first conuented and examined by the Counseil, be∣fore his cause be produced in publique Court. And in case of his absence, the like course shall be held for his businesse.
Auditors.
LVI.
THe Auditors shall be seauen: whereof two at the least of the Counseil, and three of them of the Quorum.
LVII.
THe Auditors shall haue care of the generall ac∣counts: to examine the receipts and disbursments according to the Orders of the Companie: and in all cases of difficultie, or of breach of those Orders, they shall acquaint the Treasuror and the generall Court therewith: and from thence receiue resolution and direction.
LVIII.
THey shall also cause to be reduced into a seuerall Booke, the whole receipts and disbursements of that yeare: and the same vnder foure of their hands at the least (whereof two to be of the Quorum) shall be presented by the Treasuror at the Quarter Court in Easter Term, at the giuing vp of his and their Office.
descriptionPage 16
LIX.
THey shall signe no warrants for the issuing of mo∣ney, but onely for olde charges or debts; that is to say, due before that yeare of their Office: And that not otherwise, then after due examination of the mat∣ter had in their appointed meetings: vnto which warrant shall be first set the hand of one at the least of the Quorum, and then two other or more of the rest of the Auditors.
LX.
THe Auditors shall also employ their best industry and care, for the recouery of the olde debts due to the Company: And their receipts shall transmit to the generall Cash.
LXI.
ANd touching the olde accounts now depending in Audite, that is to say from the beginning of the Plantation till the 30. day of Nouember, 1616. the Auditors shall proceede in the examining and reducing them to order, and to the finall auditing of them, with what expedition they well can. And shall from time to time acquaint the Treasuror and Court, with such impediments and difficulties as shall be incident.
LXII
IN digesting of the olde accounts, the Auditors shall take especiall care, to cause the Secretary or Booke∣keeper, in a seuerall Booke, to set downe particularly
descriptionPage 17
and exactly the names of all the Aduenturors, with their seuerall sums aduentured: as also what is paid, or yet remaining vnpaid: as well that right may be done to the Aduenturors, as also the debts preserued which are due to the Company. And this booke of the Aduenturors, shall be extended till the Quarter Court in Easter Term, 1619.
LXIII.
THe Auditors shall keepe their meetings, once at the least euery weeke in the Term time; or oftner, if need require: and once euery moneth at least in the vacation times: to ouersee the accounts, and dispatch such other businesse as shall be committed to them.
LXIV.
THey shall also haue the authoritie of the Court, to call before them such persons, as are indebted or accomptable to the Company.
LXV.
IN regard of the greatnesse of the businesse for the present: the Auditors are allowed an Officer to at∣tend vpon them: who shall be salariated at the plea∣sure of the Court.
Comitties.
LXVI.
THe Comitties being to be sixteene; and to be yeare∣ly chosen; there shall be a yearelie alteration made
descriptionPage 18
of one fourth part at the least, to the end many be trained vp in the businesse.
LXVII.
THe Comitties office is, together with the Deputie, to perform the orders of Courts, for setting out Ships, and buying prouisions for Virginia. Wherein e∣speciall care is to be had, that neither the Husband, nor any one man alone, be entrusted with the making of those prouisions; but two at the least, to be appointed thereunto by the Deputie and Comitties in their Court: who shall also bring in their bils and accounts, to be examined and approued by the Comitties. The like care shall they haue at the returne of Ships from Vir∣ginia, for the goods belonging to the Companie, to be safely kept, and sould to the best aduantage, either in Court, or otherwise by the Courts direction. The ac∣counts of all which, shall be transmitted to the Audi∣tors: and the money remaining, returned to the Cash. The Deputie and Comitties shall also haue care of the Inuoices to be made for the prouisions sent to Vir∣ginia: and of the Certificats of the receipt to be thence returned: As likewise of the Inuoices of the goods sent from Virginia. All which shall be registred fairely in a booke.
LXVIII.
THe Comitties shall diligently keepe their Courts, whensoeuer occasion of businesse shall require. They shall be summoned by order from the Treasu∣ror▪ or Deputie. And it shall not be counted a Court of
descriptionPage 19
Comitties, vnlesse the Treasuror or Deputie with sixe Comitties be present. The Secretary of the Company shall keepe a booke also of their proceedings.
Secretary.
LXIX.
THe Secretary shall attend the Treasuror, and De∣putie, in such seruice of the Companie as wherein they shall haue cause to vse him. And besides the ge∣nerall Courts, he shall of duety attend the Courts of Comitties; and keepe seuerall bookes of their procee∣dings. The Counseil, Auditors, and Comitties extraordi∣nary, he shall then also attend, when and so often as he shall be thereunto required.
LXX.
HE shall be bound by oath to keepe secret all mat∣ters of secrecy: And not to discouer the procee∣dings of the Counseil, and Comitties extraordinary, till such time as themselues shall publish the same.
LXXI.
THe Secretary, vpon reference of any businesse from the Court to a select Comittie; shall giue a note to the Messenger, containing the businesse, time, & place.
LXXII.
HIs office is also to be a Remembrancer to the ge∣nerall Courts, and to the Courts of Comitties; for
descriptionPage 20
the prosequuting and performing of matters formerly ordered: As also touching motions formerly made, and referred to speciall Comitties, or other farther con∣sideration.
LXXIII.
IF at any time a generall Court shall order any mo∣ney to be issued out of the Cash; the Secretarie vn∣der his hand shall deliuer a Copie thereof to the Au∣ditors, if it be of old Debts; and if otherwise, then to the Deputie and Comitties: who respectiuely shall vn∣der that Order make their warrant for the payment of that money: vnlesse they finde the Court, by wrong information, to haue beene abused and decei∣ued in that Order; whereof at the next Court they shall giue aduertisement.
LXXIV.
THe Secretaries Office is to keepe the Bookes of the Companie, and fairely and orderly to enter in them the particulars here-vnder expressed; and in such manner as he shall be directed by the Treasuror, De∣putie, or Auditors. First, a Booke containing the Co∣pies of the Kings Letters Patents to the Companie: Also of all Letters, Orders, Directions, and other writings, from his Maiestie, the Lords of the Counseil, and other great Officers, concerning the Companie, or the affaires of Virginia; together with the answeres made vnto them.
LXXV.
A Second Booke shall be kept of all the Lawes and standing Orders established hence-forward in the
descriptionPage 21
Quarter Courts, and beginning with this day; as well such as concerne the Gouernement of the Companie and businesse here; as also the Gouernment of the Co∣lonie and affaires in Virginia.
LXXVI.
IN a third Booke shall be registred all the Patents, Charters, and Indentures of validitie, heretofore granted, or that hereafter shal be granted, by the Trea∣suror and Companie: all instructions from the Counseil: all publique Letters written to Virginia, or from thence receiued.
LXXVII.
A Fourth Booke shall be of the Acts of the generall Courts; beginning with a new Booke at the last Quarter-Court.
LXXVIII.
A Fift Booke shall be of the Acts of the Comitties, beginning from the same Court. In which Booke shall be registred all Inuoyces of the prouisions sent to Virginia from the Companie; and the Certificats of the receipts to be thence returned: As likewise the Inuoy∣ces of the Goods sent from Virginia; with the Husbands certificat of the receipt or defect.
LXXIX.
IN a sixt booke, at the one end, shall be registred the names of all the Aduenturors here by money; or otherwise by seruice, for which shares of Land in Vir∣ginia
descriptionPage 22
haue beene giuen by the Companie in their Quar∣ter-Courts; together with the number of Shares to each person belonging. Where shall also be entred in a place by it selfe, the lawfull Transports of Shares from one to another. Here shall also be entred, the names of his Maiesties Counseil for Virginia. At the other end of the same Booke, shall be registred the names of all the Planters in Virginia, as well for the publique, as vp∣on priuate Plantations: which is to be done distinctly for each Plantation by it selfe. And this is to be done vpon the Certificates hereafter returned from the Go∣uernour and Counseil in Virginia: And from the Heads and Bodies of particular Plantations, according to the tenor and effect of the Grants made vnto them, and other Lawes and Orders made by the Companie. All which shall be first published and allowed in a gene∣rall Court: and not registred in this Booke, but by di∣rection from thence.
LXXX.
THe Secretarie shall also keepe safe in the Compa∣nies Chest of euidences, the originals of all the Let∣ters Patents, and other writings afore mentioned: All the Bookes also aforesaid: All the Treasurors Bookes of their yearely accounts: The Husbands Bookes of accounts of euery voyage to Virginia: and all other accounts perfected and approued by the Auditors. In the same Chest shall be kept all Charter Parties, as well cancelled as vncancelled: All Bonds made to the Companie, or for their vse: And all Bonds of the Com∣panies discharged and cancelled: And all other wri∣tings
descriptionPage 23
and muniments whatsoeuer belonging to the Companie. And the Secretarie shall deliuer out none of the Companies writings, but by direction from the Treasuror, Counseil, or Court: taking a note of the par∣ties hand for the true restoring of them. And in con∣uenient time he shall make Calenders of all the fore∣said writings.
LXXXI.
THe Secretaries Salarie shall be twenty pounds per annum: and of his paines extraordinary, the Court shall take consideration.
Booke Keeper.
LXXXII.
THe Booke keeper, so long as he shall seeme neces∣sarie, shall be wholy directed and ordered by the Treasuror, and Auditors: And shall receiue his Salarie from the Quarter Courts, as the Auditors shall report of his paines and deserts.
LXXXIII.
THe Booke keeper, vpon conference with the Secre∣tarie and the Husband, and they two in his defect, shall in euery Quarter Court present openly to the Treasuror, a true note of the Debts, both owing by the Companie, and ought vnto them: together with the ground from whence they haue risen: that the Court
descriptionPage 24
may take order for discharge of the one, and recouery of the other.
Husband.
LXXXIV.
THe Husband is to be ordered by the Treasuror, De∣putie, and Comitties; and to keepe his accounts in exact and iustifiable manner: and to bring them from time to time to the Deputie and Comitties, to be first examined there, and approued vnder their hands; and then to be presented to the Auditors.
LXXXV.
HE shall at the end of euery voyage set out by the Companie, make a seuerall Booke of the charges of that voyage; to be presented by him to the Auditors; and by them to the Court.
LXXXVI.
THe Husband shall also (being required by the Court) be assisting to other Aauenturors vpon par∣ticular Plantations, in making their prouisions, and set∣ting out their Ships. His wages shall be fortie pounds per annum.
Bedel.
LXXXVII.
THe Bedel or Messenger is to be at command of the Treasuror, Deputie, and Courts. He is to warne all Quarter-Courts, and Courts extraordinary: all meetings of the Counsail, Generall Comities, and Select Comitties. His wages, forty pound per annum.
descriptionPage 25
Generalitie.
LXXXVIII.
THe particular Members of the Companie, shall be subiect to the generall Courts, in matters con∣cerning the Companie or Plantation. If any man finde himselfe agrieued by a lesser or ordinary Court, he may appeale to a great and Quarter-Court, where the matter shall be heard and finally ordered. If any man refuse to obay both the one Court and other, he shall be disfranchized.
LXXXIX.
EVery man speaking in Court, shall addresse his speech to the Treasuror, or Deputie in his absence, as representing the Court: And all priuate speeches, or directed to particular persons, shall be forborne.
XC.
NO man in one Court shall speake aboue thrise to one matter: saue the Treasuror and the Deputie, being to moderate the businesse.
XCI.
NO man with his speech shall interrupt the speech of another, before he haue finished: Except the Treasuror, or in his absence the Deputie, (with appro∣bation of the Court) see cause to put any to silence, for impertinency, or other vnseemely speaking.
descriptionPage 26
XCII.
IF any man be found by sinister course, to practise his owne aduantage, to the damnifying of the publique, or be found with the Companies Mony or Goods in his hands, and refuse to deliuer the same being lawfully thereunto required: If being summoned to the Court, he refuse to appeare, or appearing, performe not the Order of the Court; he shall be both disfranchized, and farther proceeded against, as an vnworthy Mem∣ber, and wrong-doer to the Companie.
XCIII.
IF any man out of euill minde, practize to raise facti∣on or dissention in the Companie; he shall for the first time, be admonished by the Court or Counseil, and at the second, disfranchized.
XCIV.
VVHosoeuer shall attempt by priuate solicitati∣on to packe the Court to any vniust or vn∣lawfull end; shall vpon complaint, be conuented be∣fore the Counseil, and being conuicted, shall be dis∣franchized.
XCV.
IF any man be found, through corrupt reward, to make a Motion in the Court, tending to the pub∣lique hurt, or to the priuate wrong of another; he shall be forthwith disfranchized.
descriptionPage 27
XCVI.
NO man shall presume to intercept Letters, written by, or to, the Counseil, or Companie; or to spread false rumors, vpon sinister intent, to the wrong of the Counseil, Companie, or Colonie: The offender shall be disfranchized.
XCVII.
NO man shall traduce any Member of this Compa∣nie in any other Court, for any thing done or spoken in this Court. The offender for the first time, shall be admonished; for the second, suspended from the Court for one yeere; and the third time, disfran∣chized.
XCVIII.
TO auoyd the drawing of the Companie into Debt henceforward: It is ordered, that no particular man make or propound any new proiect of charge to the Companie, but he withall offer good meanes how to defray that charge, and to vphold his proiect, in such sort as the Companie neuer be drawne againe into a∣ny farther debt. And the breakers of this Order, shall be excluded from the generall Courts, and from hauing voyce, or bearing Office, for one yeare after.
XCIX.
IF any man moue for any charge to the Companie, by way of gift in what sort soeuer: It shall be first refer∣red to a select Comittie: and if the charge fall out to be vnder thirtie pound, it may be ordered by the next Court, if aboue, it shall be reserued till the Quarter Court ensuing.
descriptionPage 28
C.
IT shall not be lawfull for any Aduenturor, to sell or transport his shares to another, otherwise then in o∣pen Court: And not before it doe appeare vnder three of the Auditors hands, that the partie transporting his shares stand cleere, and is not indebted to the Com∣panie; or the partie to whom they are passed, doe pay the said Debt.
Officers in Virginia.
CI.
ALL principall Officers in Virginia, namely the Gouernour, Lieutenant Gouernour, Admirall, Marshal, chiefe Iustice, and Treasuror, shall be chosen here by Ballating in a Quarter-Court.
CII.
THe Counseil established in Virginia, and all other Officers there reserued to the choise of the Com∣panie here, shall be chosen in a Quarter-Court by onely erection of hands; vnlesse the Court desire to haue it passe by Ballating.
CIII.
THe Commissions to all Officers there, shall be onely for three yeares in certaine, and afterwards during the Companies pleasure. Onely the Gouer∣nour shall vpon no occasion hold that place aboue sixe yeares.
descriptionPage 29
CIV.
THe Companie here shall not be charged with the maintenance of the Officers there: But they shall be maintained there, out of the publique Lands.
Lawes.
CV.
NO Lawes or standing Orders shall be made by the Companie, but in this manner. First, after the pro∣posing of them in Court, they shall be referred to the examination of a select Comittie. The Comitties shall present their Labours to the view of the Counseil. The Counseil approuing them, they shall be brought to the Court of preparation on the Munday before the Quarter-Court, and there openly read. And lastly they shall passe the iudgement of the Quarter-Court.
CVI.
THe Lawes and Orders thus made, shall be fairely registred by the Secretary in a parchment Booke: which he shall bring in euery Court, and lay on the ta∣ble, that all men may peruse them that are so disposed.
CVII.
IN the Quarter-Court in Hillarie Term, all Lawes and standing Orders concerning the Companie here, shall be publiquely read in the beginning of the Court.
descriptionPage 30
CVIII.
THe abrogating of a Law or Order, shall proceede by the same degrees, by which the making.
CIX.
ALL Orders heretofore made, repugnant or swar∣uing from these, shall be henceforth voyd.
Grants of Land.
CX.
ALL Grants of Lands and Liberties in Virginia, shall be passed by Indenture: the Counterpane wher∣of shall be sealed by the Grantees, and kept in the Com∣panies Chest of Euidences. And the Secretary shall haue the engrossing of all such Indentures.
CXI.
NO Patents or Indentures of Grants of Lands in Vir∣ginia, shall be sealed, but being read and approo∣ued in a Quarter-Court: the same hauing been also first examined and allowed vnder the hands of a select Comittie for that purpose.
CXII.
NO libertie shall be granted, tending to the exemp∣ting of any man from the authoritie of the Go∣uernor of Virginia, or of the Supreame Counseils or Courts there established; in any case of Treason,
descriptionPage 31
Rebellion, or Sedition: or vpon any dutie to be perfor∣med for the necessary defence of the Countrey; or the preseruation of the publique peace, and suppressing Tumults within the Land; or for trials in matters of Iustice by way of appeale, or otherwise by lawfull Orders to be from hence deliuered: or in cases con∣sented vnto, as well by a generall Assembly of the Colonie there, as by the Companie here in a Quarter-Court. And all Grants, former or future, swaruing from this Order, shall be so farre forth deemed vnlaw∣full and surreptitious: as being repugnant to the Li∣mitations in his Maiesties Letters Patents.
CXIII.
IN all Grants of Lands, a fift of the Roiall Mines of Gould and Siluer shall be reserued to the Companie: as an other fift is alreadie reserued to the Crowne.
CXIV.
IN all Patents or Indentures of Grants of Lands, the Grantees shall couenant to employ their people in great part in Staple Commodities, as Corne, Wine, Silke, Silke grasse, Hempe, Flax, Pitch and Tar, Pot∣ashes and Sope-ashes, Iron, Clap-boord, and other Materialls: and not wholly or chiefly about Tobacco, and Sassaphras.
CXV.
ALL Grants of Land in Virginia to the old Aduen∣turors their Heires and Assignes, that is, to such as haue heretofore brought in their money to the
descriptionPage 32
Treasurie for their seuerall shares, (being of twelue pound ten shillings the share) shall be of one hundred Acres the share vpon the first diuision; and of as ma∣ny more vpon a second diuision, when the Land of their first diuision shall be sufficiently peopled. And for euery person which they shall transport thither before Midsomer day one thousand sixe hundred twen∣tie fiue, if he continue there three yeares, or dye in the meane time after he is shipped, it shall be to the Trans∣porters, of fiftie acres the person vpon the first diuisi∣on, and fiftie more vpon a second diuision in like manner, without paying any Rent to the Companie for the one or the other. And in all such Grants, the names of the Aduenturors, and the seuerall number of each of their shares, shall be expressed. Prouided al∣wayes, that if the said Aduenturors or any of them, doe not truely and effectually within one yeare next after the sealing of the said Grant, pay and discharge all such summes of money, wherein by subscription (or otherwise vpon notice thereof giuen from the Au∣ditors,) they stand indebted to the Companie: Or if the said Aduenturors, or any of them, hauing not lawfull right, either by purchase from the Companie, or by as∣signement from some other former Aduenturor, with∣in one yeare after the said Grant; or by speciall gift of the Companie (vpon merit preceding) in a full Quarter Court; to so many shares as he or they pretend; doe not within one yeare after the said Grant, satisfie and pay to the said Treasuror and Companie for euery share so wanting, after the rate of twelue pounds ten shil∣lings the share: that then the said Grant, for so much
descriptionPage 33
as concerneth the whole part, and all the Shares of the said person so behinde, and not satisfying as aforesaid, shall be vtterly voide.
CXVI.
ALL Grants of Land in Virginia to new Aduentu∣rors, that is to say, to such as hereafter shall be free of the Companie, paying the Companie for their Shares before Midsomer, 1625. shall for their owne persons and shares be of like condition with the former to all intents and purposes. But for such other as shall at their charges be transported into Virginia, before the said Midsomer, 1625. in manner afore said; shall be re∣serued a yearely Rent of twelue pence for euery fiftie acres acrewing to them by vertue of such transporta∣tion; to be answered to the said Treasuror and Compa∣nie, and their Successors for euer, after the first seuen yeares of euery such Grant.
CXVII.
ALL Grants to all other persons not comprised in the two Orders last before set downe, that is to say, to such Planters as before Midsomer day, 1625. shall goe into Virginia with intent there to inhabit: if they continue there three yeares, or dye after they are shipped, there shall be grant made of fiftie acres for euery person vpon a first diuision, and as many more vpon a second diuision (the first being peopled) which Grant shall be made respectiuely to such persons and their Heires, at whose charges the said persons go∣ing to inhabit in Virginia shall be transported; with
descriptionPage 34
reseruation of twelue pence yearely Rent, as afore∣said.
CXVIII.
IN all the foresaid Grants, shall be inserted a Condi∣tion or prouiso, that the Grantees shall from time to time, make a true Certificat to the said Treasuror▪ Coun∣seil, and Companie, from the chiefe Officer or Officers of the places respectiuely, of the number, names, ages, sex, trades, and conditions of euery such person so transported, or shipped, before the said Midsomer day, 1625▪ to be entred by the Secretarie into a Register Booke for that purpose to be made.
CXIX.
FOr the preuenting of fraud, and dammage to the Companie in their Rents; by drawing new Aduen∣turors or Planters, vpon purchase of a few old Aduen∣tures, into th'immunitie of the old Aduenturors of not paying any Rent for the shares of fiftie acres the person transported by them before the foresaid day: it is ordered, that in all Indentures of Grant of Lands to old Aduenturors, being for fewer then fiftie shares of the old aduenture, the immunitie of not paying Rent for the shares obtained by transporting of per∣sons as aforesaid, shall not be generall; but restrained to the proportion of foure persons to euery share of the old aduenture, transported before Midsomer day, 1625.
CXX.
ALL Grants of Land shall be made with equall fa∣uours, and Grants of like Liberties and Immu∣nities
descriptionPage 35
as neere as may be, (except the differences of Rent aboue set downe:) to the end that all com∣plaint of partialitie or vnindifferency may be pre∣uented.
Trade.
CXXI.
IT shall be free for all his Maiesties Subiects, after the determination of the present Ioynt Stocke for the Magazine, to trade into Virginia with the Colonie; pay∣ing the duties set down in his Maiesties Letters Patents.
CXXII.
IF any ioynt Stocke for a Magazine, being requested by the Court, refuse or forbeare to send Corne, Cat∣tle, or Munition, for the necessary reliefe and supply of the Colonie in Virginia: it shall be lawfull from that day forward for any person freely to trade to and with the Colonie in Virginia, carrying thither onely Cattle, Corne, and Munition, without paying any duties to the Companie for seuen yeares next coming; any former restraint to the contrarie notwithstanding.
CXXIII.
IF either in the present ioynt Stocke for the Maga∣zine, or any other hereafter to be erected, the gene∣rall Companie out of their common Cash beare part as an Aduenturor: they shall ratably partake like profit,
descriptionPage 36
and vndergoe like losse, with other Aduenturors. And any Order made to the contrary shall be voide.
CXXIV.
DVring the time that the common Cash beareth part as an Aduenturor in any Ioynt Stocke for the Magazine; the meetings of the Aduenturors shall be in the same place, and on the same dayes, that the Generall Courts are kept: and either before the be∣ginning, or after the ending of the Court: vnlesse the Court vpon extraordinary cause appoint some other time.
College.
CXXV.
THe Quarter Court in euery Trinitie Term, shall appoint a choise Comittie of fiue or seuen, to conti∣nue for that yeare, to take into their care and charge the matter of the College to be erected in Virginia for the conuersion of Infidels: which Comittie shall take a course for the recouering of the mony that hath beene collected for that worke. And shall likewise consult how the same may be best imployed, for the begin∣ning, pursuing, and perfecting of the same worke. And shall from time to time acquaint the generall Courts with their doings, from thence to receiue ap∣probation and direction.
descriptionPage 37
CXXVI.
THe Treasuror shall keepe a seuerall Cash and ac∣count of this money, to be presented to the Audi∣tors, and from them to the Court. And he shall not issue any money out of this Cash, otherwise then by war∣rant vnder the greater part of these Comitties hands.
CXXVII.
THe Auditors shall forthwith pervse the account of this Cash; and if any money haue beene issued out thereof by order of Court, otherwise then for the proper end to which it was intended; it shall be re∣stord out of the common Cash of the Companie.
Accounts.
CXXVIII.
NO Auditors extraordinary shall presume to inter∣medle with the auditing of any Account, wherein the body of the Companie is interressed, but being ap∣pointed in the face, and with the approbation of the Court.
CXXIX.
ALL Accountants whatsoeuer, and Auditors extra∣ordinary, if the Court so require, shall haue an Oath ministred vnto them in the face of the Court; the one for true accounting, the other for true auditing.
descriptionPage 38
CXXX.
NO Account shall be held cleered, nor Accountants discharged, till the Account, being approued vn∣der the Auditors hands, be presented to the Court: And there lye openly in Court, two Court dayes, to be viewed by any that are so disposed.
CXXXI.
IF exception be taken to any Account whatsoeuer, the Court shall proceede to a review, as in like case of the Treasuror. If no exception be taken in the two Court dayes; or vpon the reuiew returned, and the Account approued: the Treasuror then, or Deputie in his absence shall signe the Account in open Court: wherby the Accountants shall be clearely discharged.
CXXXII.
IF any Officer, or other Accountants, be slowe in bringing in their Accounts to the Auditors, ordinary, or extraordinary; Or within one moneth after their Account is perfected, doe not pay to the Cash the due summe remaining, vnlesse the Court see cause to giue longer time▪ the Auditors or Treasuror shall impart the same to the Court, that order be thence giuen for re∣dresse thereof.
THese Orders hauing beene first framed and dige∣sted by a select Comittie; and then presented to the Counseil, and by them approued; were afterwards pub∣liqu••••y read in the Preparatory Court, held on Mun∣day
descriptionPage 39
the 7. of Iune, 1619. And lastly were againe read distinctly and deliberately in a great and generall Quarter Court held on Wednesday, the 9. of Iune, 1619. where with a full & general consent, by erection of hands, they were ratified and ordained to be the per∣petuall standing Orders of the Companie of Virginia. Some few additions, and small alterations, haue since beene made, in the Quarter Courts in Easter Term and Trinitie Term, 1620.
FINIS.
email
Do you have questions about this content? Need to report a problem?
Please contact us.