There are foure great generall Courts, commonly called Quarter Courts, appointed to be held by the Treasuror, Counseil and Companie of Virginia, upon the foure last Wednesdayes save one of every Tearme: which onely have and shall have power to choose Counseilours and Officers, as well for the Companie here, as also for the Colonie and Planters in Virginia: to make Lawes and ordinances: to distribute and dispose of the Lands in Virginia: and to settle matter of Trade for the behoofe of the Companie and Colonie.
Every Munday before a Quarter-Court, shall be held a Court to prepare all kinde of businesse reserved to the power of the Quarter Court to determine.
Every Wednesday fortnight, reckoning from the great Courts, shall also be held an ordinary Court for this Company, for dispatch of ordinary and extraordinary businesse. And it is not to be counted a perfect Court, unlesse there be five of the Counseil there (the Treasuror or Deputie being one) and fifteene of the Generality.
It shall be in the power of the Treasuror, or the Deputie in his absence, upon extraordinary cause to call an extraordinary Court.
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 Preparative Court next preceding.
Publique businesse shall have the precedence in the Courts before private, unlesse there be extraordinary important cause to the contrary.
If any thing ordered in an ordinary or lesser Court, be afterward reversed in one of the great and generall Courts: It shall be from thence forward as though it had never beene so ordered.
All Courts shall begin at two of the clocke in the afternoone, and dissolve at the rising of the Treasuror, or of the Deputie in his absence.
Nothing shall be put to the question after sixe of the Clocke in the after-noone.
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.
The Companie shall be summoned to the Quarter Courts, and Courts extraordinary, by the Officer: But of the ordinary Courts themselves shall take notice. And the Secretary shall keepe a booke of the proceedings of the Courts: who with the Booke-keeper, Husband, and Bedle, shall at all Courts give diligent attendance.
It shall be lawfull at a generall Court, and with consent thereof, to dispence with all meetings in long Vacations, or in such part of them as may be spared: unlesse some extraordinary matter befall, in which case may be called extraordinary Courts.
The Treasuror and Company, being a Body and Commonaltie perpetuall, shall have one faire and common Seale, to be kept by the Treasuror; and not to be affixed to any Grants or Instruments whatsoever, otherwhere then in publique Courts, or by warrent from thence.
The Treasuror and the Counseil, or the Court, have power to admit any into this Society.
At the great and generall Court, commonly called the Quarter Court, in Easter Terme, all Offices of this Company (excepting the Counseil) shall be voide: And the Court shall proceede to an election of new Officers, in manner following.
The Treasuror in the beginning of the Court, at the giving up of his Office, shall declare by word or writing the present estate of the Colonie and Planters in Virginia. And deliver into the Court a Booke of his accounts for the yeere past, examined and approved under the Auditors hands: Declaring withall the present estate of the Cash.
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.
At the choise of each Officer, the persons nominated for the election, shall withdraw themselves 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 judgement of the Court.
In regard of the weighty and manifold businesse of this Companie, which is also like daily to encrease: No man shall be chosen Treasuror of the Company of Virginia, who at the time of his election is Governor of any other Company; but upon condition that before the next Quarter Court hee effectually resigne that other Governement: except it seeme good for the behalfe of both Companies, that the same man be also Governour of the Somer Ilands Company.
It is for weighty reasons thought very expedient, that no man continue in the place of Treasuror or Deputie, above three yeares at once.
For the avoiding of divers inconveniences, It is thought fit, that all elections of principall Officers in or for Virginia, as also of the Treasuror and Deputie here, be performed by a Ballating box, as in some other Companies.
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.
The Treasuror, Deputie, Auditors, and Comitties, having no certaine allowance for their cares and labours: the reward of these former Officers according to their deserts, is referred to the pleasure of the Court wherein new Officers are chosen.
The Treasurors duetie is to keepe the ordinary Courts of Virginia: and upon cause extraordinary, to call Courts extraordinary. And in all Courts, and other meetings, hee is to have a casting voyce.
He is to moderate the Courts in qualitie of a President: and to cause gravity, decency, and good order to be observed: And for breach thereof, after a grave admonition, first given, and not prevailing; to proceede to reformation by the judgement of the Court.
He is to propound and put all things to the question which the Court requires, under paine of being immediately put from his Office, if he refuse. In which case the Deputie shall doe it, under the like paine. And if he refuse, then any of the Counseil there present.
Whereas the Treasuror is to put to the question all things which the Court requires: It is explained to be intended of such things as are not contrary to his Majesties Letters Patents or Instructions, nor to the standing Lawes and Orders of the Companie.
He is to have care that the extraordinary Comitties appointed by the Courts to severall businesse, doe prosecute the same; and give seasonable account of their doings to the Court.
He is also to have an especiall care, that no Grant or Patent doe passe from the Companie, but upon examination thereof by a select Comittie, who are exactly to observe the Orders made concerning them. And to this end, with divers others, he is to have a vigilant eye on the Companies and Counseils Seales, that they be not wronged by abusing of them.
The Treasuror, upon 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, unlesse 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 Governour, Counseil, or People in Virginia, or otherwise concerning them, hee shall cause to be publiquely read and approved by the Court, or Counseil, as the case shall require. And neither he, nor any other, shall of his owne head or authoritie, write or send any directions, swarving from such as the Court or Counseil shall give, upon paine to be dis-franchized.
The Treasuror shall assemble the Counseil upon all weightie occasions requiring serious deliberation: And shall have care with them, that the Lords of his Majesties privie Counseil be acquainted with all matters of extraordinary and greatest importance concerning the State.
He is to doe his best that fit Counsailors be chosen: And being chosen, is to have care that they take their oathes.
The Treasuror is to have care also, that the generall Comitties keepe their Courts with the Deputie, upon all occasions of businesse.
He is to doe his best that fit men be chosen also to that place: And that they which are chosen, be sworne.
The Treasuror at his pleasure shall sit in any Assembly of Comitties, ordinary, or extraordinary; unlesse it concerne himselfe.
The Treasuror shall stand charged with the publique Treasure of the Company. And is to have care that it be duely got in: And not issued out, but by lawfull warrant, and to the Companies use.
A Lawfull warrant for charges of the present yeare, is that which is signed by the Deputie and foure of the Committies: And for former charges or Debts: that which is signed by three of the Auditors, whereof one to be of the Quorum. And underneth, or upon the backes of every Warrant, an Acquittance shall be taken for the receipt under the parties hand.
The Treasuror is also to yeelde up a true and perfect 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.
If any complaint or suspition growe concerning the Account, there shall be a review made by twelve chosen by the Court. And the account being accepted and approved by the Court; the Treasuror shall have his Quietus est under the Companies Seale, at the Quarter Court in Trinitie Term then next ensuing.
The standing wages of the Cashier shall be suspended: and his reward such as that Quarter Court in Easter Term shall appoint.
For matter of the Courts, in the Treasurors absence, the Deputie shall performe his Office: and in his presence, be assisting to him.
Hee shall oversee the Secretary for entring the Orders of Courts. And shall give instructions for the writing of Letters, as he shall be directed: and have care that accordingly they be written.
The Deputie shall also keepe the Courts of Comitties, upon all occasions requisite. And in them shall have a casting voyce.
He shall suffer no Warrents to be made and signed for issuing out of money, but in the open Court of Comitties, after due examination of the cause: unto all which Warrants his owne hand shall be first set; and after it, other foure hands or more of the Comitties. And the Deputie and Comitties shall not intermedle with disbursments for any other charge, then such as arise within the compasse of their owne yeare.
Where 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 use of the Companie: In that case is shall not be requisite that the Deputies hand be to the warrant, so it be to the receipt.
Generally he shall oversee all inferior Officers, that they performe their dueties.
The names of his Majesties Counseil for Virginia, shall be publiquely read in every Quarter-Court in Michelmas Term: They requested by the Treasuror to attend the service, and warned to take their Oathes.
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 give attendance to that service. They are to continue Counseilors during life: unlesse they be displaced by a great and generall Court.
In regard of the present great number of the Counseil, and to preserve unto them that reputation which is fit for their place and employment: None hereafter under the degree of a Lord or principall Magistrate, shall be chosen to be of his Majesties Counseil for Virginia; but such as by diligent attendance at the Courts and service of Virginia for one yeare at least before, have approved their sufficiency and worth to the Companie.
Seven of the Counseil, being assembled by order, without practize or purpose to exclude the rest, shall be counted the Counseil.
The Counseil are to assemble upon all important occasions, being requested by the Treasuror, or the Deputie in his absence; and in defect of bothe, being desired by the Court: And without favour or displeasure, private or sinister respect, to give their faithfull advise in all matters tending to the advancement or benefit of the Plantation: and especially touching the making of Lawes and Constitutions, for the better governing 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.
The Counseil shall have an especiall regard, by pious constitutions, and by other good politique Lawes and Orders, to hold the people there, in the true religion and service of God: and in assured allegeance to his Majestie and the Crowne of England: In due respect also to his Majesties Counseil here, and to this Company of Virginia: And in Justice, Peace, uniformitie, and amitie amongst themselves.
They shall also according to the first institution and profession of this Companie, advise and devise to the utmost of their powers, the best meanes for the reclaiming of the Barbarous Natives; and bringing them to the true worship of God, civilitie of life, and vertue.
All Instructions to the Governour and Counseil, and all other principall Officers in Virginia, shall proceede from the Counseil, and under their hands and Seale: which Seale shall be in the custodie of the Treasuror.
If any principall Officer of the Companie here; or Magistrate, great Officer, or Counseilor in Virginia; shall by the fame of his misdeserts, or particular accusation, merit to be called in question of being removed from his place, or otherwise reformed or censured: He shall be first convented and examined by the Counseil, before his cause be produced in publique Court. And in case of his absence, the like course shall be held for his businesse.
The Auditors shall be seaven: whereof two at least of the Counseil, and three of them of the Quorum.
LVII.
The Auditors shall have care of the generall accounts: 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 receive resolution and direction.
They shall also cause to be reduced into a severall Booke, the whole receipts and disbursements of that yeare: and the same under 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 giving up of his and their Office.
They shall signe no warrants for the issuing of money, 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 matter had in their appointed meetings: unto 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.
The Auditors shall also employ their best industry and care, for the recovery of the olde debts due to the Company: And their receipts shall transmit to the generall Cash.
And touching the olde accounts now depending in Audite, that is to say from the beginning of the Plantation till the 30. day of November, 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.
In digesting of the olde accounts, the Auditors shall take especiall care, to cause the Secretary or Booke-keeper, in a severall Booke, to set downe particularly and exactly the names of all the Adventurors, with their severall sums adventured: as also what is paid, or yet remaining unpaid: as well that right may be done to the Adventurors, as also the debts preserved which are due to the Company. And this booke of the Adventurors, shall be extended till the Quarter Court in Easter Term, 1619.
The Auditors shall keepe their meetings, once at the least every weeke in the Terme time; or oftner, if need require: and once every moneth at least in the vacation times: to oversee the accounts, and dispatch such other businesse as shall be committed to them.
They shall also have the authoritie of the Court, to call before them such persons, as are indebted or accomptable to the Company.
In regard of the greatnesse of the businesse for the present: the Auditors are allowed an Officer to attend upon them: who shall be salariated at the pleasure of the Court.
The Comitties being to be sixteene; and to be yearely chosen; there shall be a yearelie alteration made of one fourth part at the least, to the end many be trained up in the businesse.
The Comitties office is, together with the Deputie, to perform the orders of Courts, for setting out Ships, and buying provisions for Virginia. Wherein especiall care is to be had, that neither the Husband, nor any one man alone, be entrusted with the making of those provisions; 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 approved by the Comitties. The like care shall they have at the returne of Ships from Virginia, for the goods belonging to the Companie, to be safely kept, and sould to the best advantage, either in Court, or otherwise by the Courts direction. The accounts of all which, shall be transmitted to the Auditors: and the money remaining, returned to the Cash. The Deputie and Comitties shall also have care of the Invoices to be made for the provisions sent to Virginia: and of the Certificats of the receipt to be thence returned: As likewise of the Invoices of the goods sent from Virginia. All which shall be registred fairely in a booke.
The Comitties shall diligently keepe their Courts, whensoever occasion of businesse shall require. They shall be summoned by order of the Treasuror, or Deputie. And it shall not be counted a Court of Comitties, unlesse the Treasuror or Deputie with sixe Comitties be present. The Secretary of the Company shall keepe a booke also of their proceedings.
The Secretary shall attend the Treasuror, and Deputie, in such service of the Companie as wherein they shall have cause to use him. And besides the generall Courts, he shall of duety attend the Courts of Comitties; and keepe severall bookes of their proceedings. The Counseil, Auditors, and Comitties extraordinary, he shall then also attend, when and so often as he shall be thereunto required.
He shall be bound by oath to keepe secret all matters of secrecy: And not to discover the proceedings of the Counseil, and Comitties extraordinary, till such time as themselves shall publish the same.
The Secretary, upon reference of any businesse from the Court to a select Comittie; shall give a note to the Messenger, containing the businesse, time & place.
His office is also to be a Remembrancer to the generall Courts, and to the Courts of Comitties; for the prosequuting and performing of matters formerly made, and referred to speciall Comitties, or other farther consideration.
If at any time a generall Court shall order any money to be issued out of the Cash; the Secretarie under his hand shall deliver a Copie thereof to the Auditors, if it be of old Debts; and if otherwise, then to the Deputie and Comitties: who respectively shall under that Order make their warrant for the payment of that money: unlesse they find the Court, by wrong information, to have been abused and deceived in that Order; whereof at the next Court they shall give advertisement.
The Secretaries Office is to keepe the Bookes of the Companie, and fairely and orderly to enter in them the particulars here-under expressed; and in such manner as he shall be directed by the Treasuror, Deputie, or Auditors. First, a Booke containing the Copies of the Kings Letters Patents to the Companie: Also of all Letters, Orders, Directions, and other writings, from his Majestie, the Lords of the Counseil, and other great Officers, concerning the Companie, or the affaires of Virginia; together wiht the answeres made unto them.
A Second Booke shall be kept of all the Lawes and standing Orders established hence-forward in the Quarter-Courts, and beginning with this day; as well such as concerne the Governement of the Companie and businesse here; as also the Government of the Colonie and affaires in Virginia.
In a third Booke shall be registred all the Patents, Chartres, and Indentures of validitie, heretofore granted, or that hereafter shal be granted, by the Treasuror and Companie: all instructions from the Counseil: all publique Letters written to Virginia, or from thence received.
A Fourth Booke shall be of the Acts of the generall Courts; beginning with a new Booke at the last Quarter-Court.
A Fift Booke shall be of the Acts of the Comitties, beginning from the same Court. In which Booke shall be registred all Invoyces of the provisions sent to Virginia from the Companie; and the Certificats of the receipts to be thence returned: As likewise the Invoyces of the Goods sent from Virginia; with the Husbands certificat of the receipt or defect.
In a sixt booke, at the one end, shall be registred the names of all the Adventurors here by money; or otherwise by service, for which shares of Land in Virginia have beene given by the Companie in their Quarter-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 Majesties 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 upon private Plantations: which is to be done distinctly for each Plantation by it selfe. And this is to be done upon the Certificates hereafter returned from the Governour and Counseil in Virginia: And from the Heads and Bodies of particular Plantations, according to the tenor and effect of the Grants made unto them, and other Lawes and Orders made by the Companie. All which shall be first published and allowed in a generall Court: not registred in this Booke, but by direction from thence.
The Secretarie shall also keepe safe in the Companies Chest of evidences, the originals of all the Letters 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 every voyage to Virginia: and all other accounts perfected and approved by the Auditors. In the same Chest shall be kept all Charter Parties, as well cancelled as uncancelled: All Bonds made to the Companie, or for their use: And all Bonds of the Companies discharged and cancelled: And all other writings and muniments whatsoever belonging to the Companie. And the Secretarie shall deliver out none of the Companies writings, but by direction from the Treasuror, Counseil, or Court: taking a note of the parties hand for the true restoring of them. And in convenient time he shall make Calendars of all the aforesaid writings.
The Secretaries Salarie shall be twenty pounds per annum: and of his paines extraordinary, the Court shall take consideration.
The Booke keeper, so long as he shall seeme necessarie, shall be wholy directed and ordered by the Treasuror, and Auditors: And shall receive his Salarie from the Quarter-Courts, as the Auditors shall report of his paines and deserts.
The Booke keeper, upon conference with the Secretarie and the Husband, and they two in his defect, shall in every Quarter Court present openly to the Treasuror, a true note of the Debts, both owing by the Companie, and ought unto them: together with the ground from whence they have risen: that the Court may take order for discharge of the one, and recovery of the other.
The Husband is to be ordered by the Treasuror, Deputie, and Comitties; and to keepe his accounts in exact and justifiable manner: and to bring them from time to time to the Deputie and Comitties, to be first examined there, and approved under their hands; and then to be presented to the Auditors.
He shall at the end of every voyage set out by the Companie, make a severall Booke of the charges of that voyage; to be presented by him to the Auditors; and by them to the Court.
The Husband shall also (being required by the Court) be assisting to other Adventurors upon particular Plantations, in making their provisions, and setting out their Ships. His wages shall be fortie pounds per annum.
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.
The particular Members of the Companie, shall be subject to the generall Courts, in matters concerning the Companie or Plantation. If any man finde himselfe agrieved 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.
Every man speaking in Court, shall addresse his speech to the Treasuror, or Deputie in his absence, as representing the Court: And all private speeches, or directed to particular persons, shall be forborne.
No man in one Court shall speake above thrise to one matter: save the Treasuror and the Deputie, being to moderate the businesse.
No man with his speech shall interrupt the speech of another, before he have finished: Except the Treasuror, or in his absence the Deputie, (with approbation of the Court) fee cause to put any to silence, for impertinency, or other unseemely speaking.
If any man be found by sinister course, to practise his owne advantage, to the damnifying of the publique, or be found with the Companies Mony or Goods in his hands, and refuse to deliver 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 unworthy Member, and wrong-doer to the Companie.
If any man out of evill minde, practize to raise faction or dissention in the Companie; he shall for the first time, be admonished by the Court or Counseil, and at the second, disfranchized.
Whosoever shall attempt by private solicitation to packe the Court to any unjust or unlawfull end; shall upon complaint, be convented before the Counseil, and being convicted, shall be disfranchized.
If any man be found, through corrupt reward, to make a Motion in Court, tending to the publique hurt, or to the private wrong of another; he shall be forthwith disfranchized.
No man shall presume to intercept Letters, written by, or to, the Counseil, or Companie; or to spread false rumors, upon sinister intent, to the wrong of the Counseil, Companie, or Colonie: The offender shall be disfranchized.
No man shall traduce any Member of this Companie 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, disfranchized.
To avoyd the drawing of the Companie into Debt henceforward: It is ordered, that no particular man make or propound any new project of charge to the Companie, but he withall offer good meanes how to defray that charge, and to uphold his project, in such sort as the Companie never be drawne againe into any farther debt. And the breakers of this Order, shall be excluded from the generall Courts, and from having voyce, or bearing Office, for one yeare after.
If any man move for any charge to the Companie, by way of gift in what sort soever: It shall be first referred to a select Comittie: and if the charge fall out to be under thirtie pound, it may be ordered by the next Court; if above, it shall be reserved till the Quarter Court ensuing.
It shall not be lawfull for any Adventuror, to sell or transport his shares to another, otherwise then in open Court: And not before it doe appeare under three of the Auditors hands, but the partie transporting his shares stand cleere, and is not indebted to the Companie; or the partie to whom they are passed, doe pay the said Debt.
All principall Officers in Virginia, namely the Governour, Lieutenant Governour, Admirall, Marshal, chiefe Justice, and Treasuror, shall be chosen here by Ballating in a Quarter-Court.
The Counseil established in Virginia, and all other Officers there reserved to the choise of the Companie here, shall be chosen in a Quarter-Court by onely erection of hands; unlesse the Court desire to have it passe by Ballating.
The Commissions to all Officers there, shall be onely for three yeares in certaine, and afterwards during the Companies pleasure. Onely the Governour shall upon no occasion hold that place above sixe yeares.
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.
No Lawes or standing Orders shall be made by the Companie, but in this manner. First, after the proposing 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 approving 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 judgement of the Quarter-Court.
The Lawes and Orders thus made, shall be fairely registred by the Secretary in a parchment Booke: which he shall bring in every Court, and lay on the table, that all men may peruse them that are so disposed.
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.
The abrogating of a Law or Order, shall proceede by the same degrees, by which the making.
All Orders heretofore made, repugnant or swarving from these, shall be henceforth voyd.
All Grants of Lands and Liberties in Virginia, shall be passed by Indenture: the Counterpane wherof shall be sealed by the Grantees, and kept in the Companies Chest of Evidences. And the Secretary shall have the engrossing of all such Indentures.
No Patents or Indentures of Grants of Lands In Virginia, shall be sealed, but being read and aprooved in a Quarter-Court: the same having been also first examined and allowed under the hands of a select Comittie for that purpose.
No libertie shall be granted, tending to the exempting of any man from the authoritie of the Governor of Virginia, or of the Supreame Counseils or Courts there established; in any case of Treason, Rebellion, or Sedition: or upon any dutie to be performed for the necessary defence of the Countrey; of the perservation of the publique peace, and suppressing Tumults within the Land; or for trials in matters of Justice by way of appeale; or otherwise by lawfull Orders to be from hence delivered: or in cases consented unto, as well by a generall Assembly of the Colonie there, as by the Companie here in Quarter-Court. And all Grants, former or future, swarving from this Order, shall be so farre forth deemed unlawfull and surreptitious: as being repugnant to the Limitations in his Majesties Letters Patents.
In all Grants of Lands, a fift of the Roiall Mines of Gould and Silver shall be reserved to the Companie: as an other fift is alreadie reserved to the Crowne.
In all Patents or Indentures of Grants of Lands, the Grantees shall covenant 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 Tabacco, and Sassaphras.
All Grants of Land in Virginia to the old Adventurors their Heires and Assignes, that is, to such as have heretofore brought in their money to the Treasurie for their severall shares, (being of twelve pound ten shillings the share) shall be of one hundred Acres the share upon the first division; and of as many more upon a second division, when the Land of their first division shall be sufficiently peopled. And for every person which they shall transport thither before Midsomer day one thousand sixe hundred twentie five, if he continue there three yeares, or dye in the meane time after he is shipped, it shall be to the Transporters, of fiftie acres the person upon the first division, and fiftie more upon a second division 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 Adventurors, and the severall number of each of their shares, shall be expressed. Provided alwayes, that if the said Adventurors 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 upon notice thereof given from the Auditors) they stand indebted to the Companie: Or if the said Adventurors, or any of them, having not lawfull right, either by purchase from the Companie, or by assignement from some other former Adventuror, within one yeare after the said Grants: or by speciall gift of the Companie (upon 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 every share so wanting, after the rate of twelve pounds ten shillings the share: that then the said Grant, for so much as concerneth the whole part, an all the Shares of the said person so behinde, and not satisfying as aforesaid, shall be utterly voide.
All Grants of Land in Virginia to new Adventurors, 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 reserved a yearely Rent of twelve pence for every fiftie acres acrewing to them by vertue of such transportation; to be answered to the said Treasuror and Companie, and their Successors for ever, after the first seven yeares of every such Grant.
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 every person upon a first division, and as many more upon a second division (the first being peopled) which Grant shall be made respectively to such persons and their Heires, at whose charges the said persons going to inhabit in Virginia shall be transported; with reservation of twelve pence yearely Rent, as aforesaid.
In all the foresaid Grants, shall be inserted a Condition or provisio, that the Grantees shall from time to time, make a true Certificat to the said Treasuror, Counseil, and Companie, from the chiefe Officer or Officers of the places respectively, of the number, names, ages, sex, trades, and conditions of every such person so transported, or shipped, before the said Midsomer day, 1625. to be entred by the Secretarie into a Register Booke for the purpose to be made.
For the preventing of fraud, and dammage to the Companie in their Rents; by drawing new Adventurors or Planters, upon purchase of a few old Adventures, into th'immunitie of the old Adventurors 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 Adventurors, being for fewer then fiftie shares of the old adventure, the immunitie of not paying Rent for the shares obtained by transporting of persons as aforesaid, shall not be generall; but restrained to the proportion of foure persons to every share of the old adventure, transported before Midsomer day, 1625.
All Grants of Land shall be made with equall favours, and Grants of like Liberties and Immunities as neere as may be, (except the differences of Rent above set downe:) to the end that all complaint of partialitie or unindifferency may be prevented.
It shall be free for all his Majesties Subjects, after the determination of the present Joynt Stocke for the Magazine, to trade into Virginia with the Colonie; paying the duties set down in his Majesties Letters Patents.
If any joynt Stocke for a Magazine, being requested by the Court, refuse or forbeare to send Corne, Cattle, 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 seven yeares next coming; any former restraint to the contrarie notwithstanding.
If either in the present joynt Stocke for the Magazine, or any other hereafter to be erected, the generall Companie out of their common Cash beare part as an Adventuror: they shall ratably partake like profit, and undergoe like losse, with other Adventurors. And any Order made to the contrary shall be voide.
CXXIV.
During the time that the common Cash beareth part as an Adventuror in any Joynt Stocke for the Magazine; the meetings of the Adventurors shall be in the same place, and on the same dayes, that the Generall Courts are kept: and either before the beginning, or after the ending of the Court: unlesse the Court upon extraordinary cause appoint some other time.
The Quarter Court in every Trinitie Term, shall appoint a choise Comittie of five or seven, to continue for that yeare, to take into their care and charge the matter of the College to be erected in Virginia for the conversion of the Infidels: which Comittie shall take a course for the recovering of the mony that hath beene collected for that worke. And shall likewise consult how the same may be best imployed, for the beginning, pursuing, and perfecting of the same worke. And shall from time to time acquaint the generall Courts with their doings, from thence to receive approbation and direction.
The Treasuror shall keepe a severall Cash and account of this money, to be presented to the Auditors, and from them to the Court. And he shall not issue any money out of this Cash, otherwise then by warrant under the great part of these Comitties hands.
The Auditors shall forthwith peruse the account of this Cash; and if any money have beene issued out thereof by order of Court, otherwise then for the proper end to which it was intended; it shall be restored out of the common cash of the Companie.
No Auditors extraordinary shall presume to intermedle with the auditing of any Account, wherein the body of the Companie is interrested, but being appointed in the face, and with the approbation of the Court.
All Accountants whatsoever, and Auditors extraordinary, if the Court so require, shall have an Oath ministred unto them in the face of the Court; the one for true accounting, the other for true auditing.
No Account shall be held cleered, nor Accountants discharged; till the Account, being approved under 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.
If exception be taken to any Account whatsoever, 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 upon the review returned, and the Account approved: the Treasuror then, or Deputie in his absence shall signe the Account in open Court: wherby the Accountants shall be clearely discharged.
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, unlesse the Court see cause to give longer time: the Auditors or Treasuror shall impart the same to the Court, that order be thence given for redresse thereof.
These Orders having beene first framed and digested by a select Comittie; and then presented to the Counseil, and by them approved; were afterwards publiquely read in the Preparatory Court, held on Munday the 7. of June, 1619. And lastly were againe read distinctly and deliberately in a great and generall Quarter Court held on Wednesday, the 9. of June, 1619. where with a full & general consent, by erection of hands, they were ratified and ordained to be the perpetuall standing Orders of the Companie of Virginia.
Some few additions, and small alterations, have since been made, in the Quarter Courts in Easter Term and Trinitie Terme, 1620.
FINIS