UNDER THE THIRD CHARTER OF JAMES I.

PART I.

London

Ordinance

nized as an

govern

where to

aside,) they bend their care and endeavors to assist Under the the said governor ; first and principally, in the advance-Company, ment of the honor and service of God, and the enlarge-1612-24. ment of his kingdom against the heathen people; and of 1621. next, in erecting of the said colony in due obedience Christianito his majesty, and all lawful authority from his maj-ty recogesty's directions; and lastly, in maintaining the said element in people in justice and christian conversation among ment. themselves, and in strength and ability to withstand state their enemies. And this councel, to be always, or for Council, the most part, residing about, or near, the governor. reside. IV. The other councel, more generally to be called by the governor, once yearly, and no oftener, but for Second very extraordinary and important occasions; shall Council, consist, for the present, of the said Councel of State, posed, &c. and of two burgesses out of every town, hundred, or other particular plantation, to be respectively chosen by the inhabitants; which councel shall be called The How desigGeneral Assembly, wherein (as also in the said Councel nated. of State) all matters shall be decided, determined, and * ordered, by the greater part of the voices then present; reserving to the governor always a negative voice.

how com

eral As

And this General Assembly shall have free power to Powers of treat, consult, and conclude, as well of all emergent the Genoccasions concerning the public weal of the said colony, sembly. and every part thereof; as also to make, ordain, and enact such general laws and orders, for the behoof of the said colony, and the good government thereof, as shall, from time to time, appear necessary or requisite.

ernmental

V. Whereas in all other things, we require the said The GovGeneral Assembly, as also the said Councel of State, to policy of imitate and follow the policy of the form of govern-England adopted. ment, laws, customs, and manner of trial, and other administration of justice, used in the Realm of England, as near as may be, even as ourselves by his majesty's letters pattents are required.

Laws to be ratified by

VI. Provided, that no law or ordinance, made in the the Genesaid General Assembly, shall be or continue in force or England.

Under the validity, unless the same shall be solemnly ratified and
London confirmed in a General Quarter Court of the said
Company,
1612-24.

et vice versa intended; when.

The Com

pany's

Commis

company here in England, and so ratified, be returned to them under our seal; It being our intent to afford the like measure also unto the said colony, that after the government of the said colony shall once have been well framed, and settled accordingly; which is to be done by us, as by authority derived from his majesty; and the same shall have been so by us declared, no orders of Court afterwards shall bind the said colony, unless they be ratified in like manner in the General Assemblies. In witness whereof, we have hereunto set our common seal the twenty-fourth day of July, 1621, and in the year of the reign of our Sovreign Lord, James, King of England, the * *, and of Scotland, the * * *.

This Ordinance was enclosed with a commission to Sir Francis Wyatt, (the first governor under it) and his

sion to the Council, as follows:

Governor

and State

1621.

THE TREASURER AND COMPANY'S Commission to Sir Council, Francis Wyatt, governor, and Councel; which said councel are to assist the governor in the administration of justice, to advance christianity among Indians; to erect the colony in obedience to his majesty, and in maintaining the people in justice and christian conversation, and strengthening them against enemies. The said governor, councel, and two burgesses out of every town, hundred or plantation, to be chosen by the inhabitants to make up a General Assembly, who are to decide all matters by the greatest number of voices; but the governor is to have a negative voice, to have power to make orders and acts necessary, wherein they are to imitate the policy of the form of

The General Assembly.

government, laws, customs, manner of trial, and other form to the administration of justice used in England, as the comPatent to pany are required by their letters pattent-No law to continue or be in force till ratified by a Quarter Court

UNDER THE CHARTER OF JAMES I.

PART I.

to be held in England, and returned under seal-After Ratificathe colony is well framed and settled, no order of tion of Laws by Quarter Court in England shall bind till ratified by the Co. the General Assembly: The governor is furthermore instructed to keep up the religion of The Church of England as near as may be; to be obedient to the Religion King and do justice after the forms of the laws of Eng-of the land; and not to injure the natives, and to forget old Church of quarrels now buried; to be industrious, and suppress estabdrunkenness, gaming and excess in cloaths: Not to permit any but the councel and heads of hundreds to Regalia of office, by wear gold in their cloaths, or to wear silk till they whom to make it themselves: Not to offend any foreign princes; be worn. to punish piracies; to build fortresses and block-houses

England

lished.

at the mouths of the rivers: To use means to convert To perform the heathens-viz., to converse with some; each town missionary to teach some children fit for the college intended to

be built:

"After Sir George Yeardley has gathered the pres-Sir George Yeardley ent year's crop, he is to deliver to Sir Francis Wyatt, to surrenthe hundred tenants belonging to governor's place; der the Yeardley's government to expire the 18th November ment. next, and then Wyatt to be published governor; to swear the councel.

and other

George Sandis appointed treasurer, and he is to put Treasurer in execution all orders of court about staple commodi- officers. ties; to whom is allotted fifteen hundred acres and fifty tenants. To the Marshall, Sir William Newce, the To the company's deputy, the same. To the physician five hundred acres and twenty tenants; and the same to the secretary.

same:

former

"To review the commissions to Sir George Yeard- To review ley, governor, and the councel, dated 18th Nov. 1618, Commisfor dividing the colony into cities, boroughs, &c., and sions. to observe all former instructions (a copy whereof was

sent) if they do not contradict the present; and all orders of court (made in England.) "To make a catalogue of the people in every planta- deaths, &c.

Census record of

PART I.

Cultivation and care

VIRGINIA,

tion, and their conditions; and of deaths, marriages and christenings. To take care of dead persons' estates for the right owners; and keep a list of all cattle, and cause the secretary to return copies of the premises once a year.

"To take care of every plantation upon the death of of lands. their chief; not to plant above one hundred pounds of tobacco per head; to sow great quantities of corn for their own use, and to support the multitudes to be sent yearly; to inclose land; to keep cows, swine, poultry, &c., and particularly kynė, which are not to be killed yet.

Manage

ment of plantations.

What to plant.

"Next to corn, plant mulberry trees and make silk, and take care of the Frenchmen and others sent about that work; to try silk grass, to plant abundance of vines, and take care of the vignerers sent.

"To put prentices to trades, and not let them forsake Of appren- their trades for planting tobacco, or any such useless commodity.

tices.

Care of contracts.

Iron works.

Manufactures, &c.

Tobacco.

"To take care of the Dutch sent to build saw-mills, and seat them at the falls, that they may bring their timber by the current of the water. To build watermills, and block-houses in every plantation:

"That all contracts in England or Virginia be performed, and the breaches punished according to justice: Tenants not to be enticed away.

"To take care of those sent about iron works, andespecially Mr. John Berkeley; that they dont miscarry again, this being the greatest hope and expectation of the colonies.

"To make salt, pitch, tar, soap, ashes, &c., so often recommended, and for which materials had been sent; to make oyl of walnuts, and employ apothecaries in distilling lees of beer; and searching after minerals, dyes, gums, and drugs, &c., and send small quantities home.

"To make small quantity of tobacco, and that very good-That the houses appointed for the reception of

UNDER THE THIRD CHARTER OF JAMES I.

PART I.

new comers, and public storehouses be built, kept clean, Quarterly &c.; to send the state of affairs quarterly, and a dupli- Returns. cate next shipping.

"To take care of Captain William Norton, and certain Italians, sent to set up a glass house.

business

"A copy of a treatise of the plantation business, Treatise on and excellent observances made by a gentleman of Plantation capacity, is sent to lie among the records, and recom-sent to be mended to the councellors to study.

"Mr. William Clayborne, a surveyor, sent to survey the planters' lands, and make a map of the country. Chief officers that have tenants (to be) reprimanded for taking fees, but require that the clerks have fees set for passes, warrants, copies of orders, &c.

studied.

"The governor and councel to appoint proper times Terms of for administration of justice; and provide for the enter- Courts. tainment of the councel during their session, to be together one whole month about state affairs, and law suits; to record plaints of consequence: To keep a Court Reregister of the acts of Quarter Sessions, and send home cords, &c. copies.

"If a governor dies the major part of the councel to On death choose one of themselves within fourteen days; but if of Govvoices be divided the lieutenant governor shall have fill vacanthe place; and next the marshall; next the treasurer; Cy.

one of the two deputies next.

ernor, to

"The governor and chief officers not to let out their Tenants of tenants as usual.

Governor, &c.

"The governor only to summon the councel, and sign Certain warrants, and execute or give authority to execute coun-powers cel orders, except in cases that do belong to the marshall, solely in treasurer, deputies, &c. The governor to have abso-the Govlute authority to determine and punish all neglect, and contempts of authority, except the councel, who are to be tried at the Quarter Sessions and censured. The governor to have but the casting voice in councel or court, but in the Assembly a negative voice. "That care be taken that there be no engrossing, or markets.