The Three Charters of the Virginia Company of London. With Seven Related Documents; 1606-1621. Virginia 350th Anniversary Celebration Corporation
and established within our realme of England; and that they shall not suffer any person or persons to withdrawe any of the subjects or people inhabiting or which shall inhabit within any of the said several Colonies and plantations from the same or from their due allegiance unto us, our heires and successors, as their immediate soveraigne under God; and if they shall find within any of the said Colonies and plantations any person or persons soe seeking to withdrawe any of the subjects of us, our heires or successors, or any of the people of those lands or territories within the precincts aforesaid, they shall with all diligence him or them soe offending cause to be apprehended, arrested and imprisoned until he shall fully and throughly reforme himselfe, or otherwise, when the cause soe requireth, that he shall withall convenient speed be sent into our realme of England, here to receive condigne punishment for his or their said offence or offences; and moreover wee doe hereby ordaine and establish for us, our heires and successors that all the lands, tenements and hereditaments to be had and enjoyed by any of our subjects with the precincts aforesaid shal be had and inherited and injoyed according as in the like estates they be had & enjoyed by the lawes within this realme of England; and that the offences of tumults, rebellion, conspiracies, mutiny and seditions in those parts which maybe dangerous to the estates there, together with murther, manslaughter, incest, rapes and adulteries committed in those parts within the precincts of any the degrees above mentioned (and noe other offences) shal be punished by death, and that without the benefit of the clergy except in case of manslaughter, in which clergie is to be allowed; and that the said several Presidents and Councells and the greater number of them within every of the several limits and precincts shall have full power and authority to hear and determine all and every the offences aforesaid within the precinct of their several Colonies, in manner and forme following, that is to say, by twelve honest and indifferent persons sworne upon the Evangelists, to be returned by such ministers and officers, as every of the said Presidents and Councells, or the most part of them respectively, shall assigne; and the twelve persons soe returned and sworne shall, according to their evidence to be given unto them upon oath and according to the truth in their consciences, either convict or acquit every of the said persons soe to be accused & tried by them; and that all and every person or persons which shall voluntarily confesse any of the said offences to be committed by him shall, upon such his confession thereof, be convicted of the same as if he had been found guilty of the same by the verdict of any such twelve jurors, as is aforesaid; and that every person and persons which shall be accused of any of the said offences and which shall stand mute or refusing to make direct answer thereunto, shall be and be held convicted of the said offence as if he had been found guilty by the verdict of such twelve jurors, as aforesaid; and that every person and persons soe convicted either by verdict, his own confession or by standing mute or by refusing directly to answer as aforesaid of any of the offences before mentioned, the said Presidents or Councells, or the greatest number of them within their several precincts and limitts where such conviction shall be had and made, as aforesaid, shall have full power and authority by these presents to give judgment of death upon every such offended [offender] without the benefit of the clergy, except only in cause of manslaughter, and noe person soe adjudged, attainted or condemned shall be reprived from the execution of the said judgment without the consent of the said President and Councel, or the most part of them by whom such judgment shall be given; and that noe person shal receive any pardon or be absolutely discharged of any the said offences for which he shall be condemned to death, as aforesaid, but by pardon of us, our heires and successors, under the Great Seale of England; and wee doe in like manner establish and ordaine if any either of the said Collonies shall offend in any of the offences before mentioned, within any part between the degrees aforesaid, out of the precincts of his or their Collony, that then every such offender or offenders shall be tried and punished as aforesaid within his or their proper Colony; and that every the said Presidents and Councells, within their several limits and precincts and the more part of them, shall have power and authority by these presents to hear and determine all and every other wrongs, trespasses, offences and misdemeanors whatsoever, other than those before mentioned, upon accusation of any person and proofe thereof made by sufficient witnesse upon oath; and that in all those cases the said President and Councel, and the greater number of them, shall have power and authority by these presents respectively, as is aforesaid, to punish the offender or offenders, either by reasonable corporal punishment and imprisonment or else by a convenient fine, awarding damages, or other satisfaction to the party grieved, as to the said President & Councel or to the more part of them shall be thought fitt and convenient, having regard to the quality of the offence or state of the cause; and that alsoe the said President & Councel shall have power and authority by virtue of these presents to punish all manner of excesse, through drunkennesse or otherwaies, and all idle, loytering and vagrant persons which shall be found within their several limits and precincts, according to their best discretions and with such convenient punishment as they or the most part of them shall think fitt; alsoe our will and pleasure [is], concerning the judicial proceedings aforesaid, that the same shall be made and done summarily and verbally without writing until it come to the judgment or sentence, and yet, neverthelesse, our will and pleasure is that every judgment and sentence hereafter to be given in any of the causes aforesaid, or in any other of the said several Presidents and Councells or the greater number of them within their several limits and precincts, shall be breifely and summarily registred into a book to be kept for that purpose, together with the cause for which the said judgment or sentence was given; and that the said judgment and sentence soe registered and written shall be subscribed with the hands or names of the said President and Councel or such of them as gave the judgment or sentence; alsoe our will and pleasure is and wee doe hereby establish and ordaine that the said several Collonies and plantations, and every person and persons of the same, severally and respectively, shall within every of their several precincts for the space of five years next after their first landing upon the said coast of Virginia and America, trade together all in one stocke, or devideably but in two or three stocks att the most, and bring not only all the fruits of their labours there but alsoe all such other goods and commodities which shall be brought out of England or any other place into the same Collonies, into severall magazines or storehouses for that purpose to be made and erected there, and that in such order, manner and form as the Councel of that Collony or the more part of them shall sett downe and direct; and our will and pleasure is and wee doe in like manner ordaine that in every of the said Collonies and plantations there shall be chosen three, 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 same Colony and plantation to be Treasurer or Cape-merchant of the same Colony 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 several 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 reasonalbe 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 Councel 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 registred and entred all such goods, wares and merchandizes as shall be received into the several magazines or storehouses within that Colony, 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 storehouses of that Collony, which clarks shall continue in their said places but att the will of the President and Councel of that Colony whereof he is, or of the major part of them; and that every person of 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