the said

monies.

having been otherwise admitted and nominated to be of the said company, have nevertheless, either not put in any adventure at all, for and towards the said plantation, or else have refused and neglected, or shall refuse and neglect to bring in his or their adventure, by word or writing promised, within six months after the same shall be so payable and due.

Directions to IX. And whereas the failing and not payment of such monies, the courts as have been promised in adventure for the advancement of the of justice to enforce the said plantation, hath been often by experience found to be danpayment of gerous and prejudicial to the same, and much to have hindered the progress and proceeding of the said plantation, and for that it seemeth unto us a thing reasonable, that such persons, as by their hand writing have engaged themselves for the payment of their adventures, and afterwards neglecting their faith and promise, should be compelled to make good and keep the same; therefore our will and pleasure is, that in any suit or suits commenced, in any of our courts at Westminster, or elsewhere, by the said treasurer and company, or otherwise, against any such persons, that our judges for the time being, both in our court of Chancery, and at the Common Pleas, do favour and further the said suits, so far forth as law and equity will, in any wise, further and permit.

Power to

admit any persons,

whether nasubjects of the King,

tural born

or aliens, into the company.

Power to carry out

the King's

settle the

X. And we do, for us, our heirs, and successors, further give and grant to the said treasurer and company, or their successors, for ever, that they the said treasurer and company, or the greater part of them, for the time being, so in a full and general court assembled, as aforesaid, shall and may, from time to time, and at all times for ever hereafter, elect, chuse, and admit into their company and society, any person or persons, as well strangers and aliens, born in any part beyond the seas wheresover, being in amity with us, as our natural liege-subjects, born in any our realms and dominions: and that all such persons so elected, chosen, and admitted to be of the said company, as aforesaid, shall thereupon be taken, reputed, and held, and shall be free members of the said company, and shall have, hold, and enjoy all and singular freedoms, liberties, franchises, privileges, immunities, benefits, profits, and commodities whatsoever, to the said company in any sort belonging or appertaining, as fully, freely, and amply, as any other adventurers, now being, or which hereafter at any time shall be of the said company, hath, have, shall, may, might, or ought to have and enjoy the same, to all intents and purposes whatsoever.

XI. And we do further, of our special grace, certain knowledge, and mere motion, for us, our heirs, and successors, give and grant subjects or unto the said treasurer and company, and their successors, for strangers, to ever, by these presents, that it shall be lawful and free for them said planta- and their assigns, at all and every time and times hereafter, out of tion; toge any our realms and dominions whatsoever, to take, lead, carry, ther with all and transport in and into the said voyage, and for and towards the said plantation of our said first colony in Virginia, all such and so many of our loving subjects, or any other strangers that will become our loving subjects, and live under our allegiance, as dizes proper shall willingly accompany them in the said voyages and planta

necessary

arms for their de

fence, and merchan

with the

tion; with shipping, armour, weapons, ordnance, munition, powder, for trading shot, victuals, and all manner of merchandises and wares, and all people there, manner of cloathing, implements, furniture, beasts, cattle, horses, without mares, and all other things necessary for the said plantation, and paying any for their use and defence, and for trade with the people there, and in passing and returning to and from, without paying or yielding them for any subsidy, custom, or imposition, either inward or outward, or seven years. any other duty, to us, our heirs, or successors, for the same, for the space of seven years from the date of these presents.

custom or

duty for

treasurer

any two of

XII. And we do further, for us, our heirs, and successors, give Power to the and grant to the said treasurer and company, and their successors, of the comfor ever, by these presents, that the said treasurer of that com- pany, or his pany, or his deputy, for the time being, or any two other of the deputy, or said council, for the said first colony in Virginia, for the time the council, being, or any two other at all times hereafter, and from time to to administime, have full power and authority to minister and give the oath ter to any and oaths of supremacy and allegiance, or either of them, to all into Virgiand every person and persons which shall, at any time or times nia the oath hereafter, go or pass to the said colony in Virginia.

person going

of allegiance and supremacy.

Power to

administer

XIII. And further, that it shall be lawful likewise for the said treasurer, or his deputy, for the time being, or any two others of our said council for the said first colony in Virginia, for the time the same being, from time to time, and at all times hereafter, to minister persons to such a formal oath, as by their discretion shall be reasonably oaths of devised, as well unto any person or persons employed in, for, or office to touching the said plantation, for their honest, faithful, and just persons emdischarge of their service, in all such matters as shall be com- the said mitted unto them for the good and benefit of the said company, plantation, colony, and plantation; as also, unto such other person or persons as the said treasurer, or his deputy, with two others of the said council, shall think meet, for the examination or clearing of the ceedings. truth, in any cause whatsoever concerning the said plantation, or any business from thence proceeding, or thereunto belonging.

ployed in

and oaths to witnesses in judicial pro

the mis

ployed or

XIV. And furthermore, whereas we have been certified that Recital of divers lewd and ill-disposed persons, both sailors, soldiers, artificers, behaviour husbandmen, labourers, and others, having received wages, apparel, of divers and other entertainment from the said company, or having con- persons emtracted and agreed with the said company to go, or to serve, or to engaged by be employed in the said plantation of the said first colony in the said Virginia, have afterwards either withdrawn, hid, or concealed company. themselves, or have refused to go thither, after they have been so entertained and agreed withal; and that divers and sundry persons also, which have been sent and employed in the said plantation of the said first colony in Virginia, at and upon the charge of the said company, and having there misbehaved themselves by mutinies, sedition, or other notorious misdemeanors, or having been employed or sent abroad, by the governor of Virginia, or his deputy, with some ship or pinnance, for our provision of the said colony, or for some discovery, or other business and affairs concerning the same, have from thence most treacherously either come back again and returned into our realm of England, by stealth, or without licence of our governor of our said colony in Virginia for the time being, or have been sent hither, as misdoers

surer or his

the said

be appre

punished, as

they shall

per.

and offenders; and that many also of those persons, after their return from thence, having been questioned by our said council here, for such their misbehaviours and offences, by their insolent and contemptuous carriage in the presence of our said Council, have shewed little respect and reverence, either to the place, or authority, in which we have placed and appointed them; and others, for the colouring of their lewdness and misdemeanors committed in Virginia, have endeavoured by most vile and slanderous reports, made and divulged, as well of the country of Virginia, as also of the government and estate of the said plantation and colony, as much as in them lay, to bring the said voyage and plantation into disgrace and contempt; by means whereof, not only the adventurers and planters already engaged in the said plantation have been exceedingly abused and hindered, and a great number of other our loving and well-disposed subjects, otherwise well-affected, and inclined to join and adventure in so noble, christian, and worthy an action, have been discouraged from the same, but also the utter overthrow and ruin of the said enterprize hath been greatly endangered, which cannot miscarry without some dishonour to Us and our kingdom.

civil

Power given XV. Now, forasmuch as it appeareth unto Us, that these to the trea- insolences, misdemeanors, and abuses, not to be tolerated in any deputy, with government, have, for the most part, grown and proceeded, one of the in regard our said Council have not any direct power and authority, council of by any express words in our former letters patents, to correct and company, to chastise such offenders; we therefore, for the more speedy reforcause such mation of so great and enormous abuses and misdemeanors, offenders to heretofore practised and committed, and for the preventing of the hended, and like hereafter, do, by these presents, for us, our heirs, and succesproceeded sors, give and grant to the said treasurer and company, and against in their successors, for ever, that it shall and may be lawful for our England, or sent back to said Council for the said first colony in Virginia, or any two of Virginia, to them, (whereof the said treasurer or his deputy, for the time being, be there to be always one,) by warrant under their hands, to send for, or to cause to be apprehended, all and every such person and persons, think pro- who shall be noted, or accused, or found, at any time or times hereafter, to offend, or misbehave themselves, in any the offences before mentioned and expressed; and upon the examination of any such offender or offenders, and just proof made by oath, taken before the said Council, of any such notorious misdemeanors by them committed, as aforesaid; and also upon any insolent, and contemptuous, or indecent carriage and misbehaviour, to or against our said Council, shewed or used by any such person or persons, so called, convented, and appearing before them, as aforesaid; that in all such cases, they, our said Council, or any two of them, for the time being, shall and may have full power and authority, either here to bind them over with good sureties for their good behaviour, and further therein to proceed, to all intents and purposes, as it is used, in other like cases, within our realm of England; or else, at their discretions, to remand and send them back, the said offenders, or any of them, unto the said colony in Virginia, there to be proceeded against and punished, as the governor, deputy, or council there, for the time being, shall think meet; or otherwise,

according to such laws and ordinances, as are and shall be in use there, for the well-ordering and good government of the said colony.

erect lot

teries.

XVI. And for the more effectual advancing of the said planta- Power to tion, we do further, for us, our heirs and successors, of our special grace and favour, by virtue of our prerogative royal, and by the assent and consent of the Lords and others of our privy council, give and grant, unto the said treasurer and company, full power and authority, free leave, liberty, and licence, to set forth, erect, and publish, one or more lottery or lotteries, to have continuance, and to endure and be held, for the space of one whole year, next after the opening of the same; and after the end and expiration of the said term, the said lottery or lotteries to continue and be further kept, during our will and pleasure only, and not otherwise. And yet nevertheless, we are contented and pleased, for the good and welfare of the said plantation, that the said treasurer and company shall, for the dispatch and finishing of the said lottery or lotteries, have six months' warning after the said year ended, before our will and pleasure shall, for and on that behalf, be construed, deemed, and adjudged, to be in any wise altered and determined.

XVII. And our further will and pleasure is, that the said lottery and lotteries shall and may be opened and held, within our city of London, or any other city or town, or elsewhere, within this our realm of England, with such prizes, articles, conditions, and limitations, as to them, the said treasurer and company, in their discretions, shall seem convenient.

XVIII. And that it shall and may be lawful, to and for the said treasurer and company, to elect and chuse receivers, auditors, surveyors, commissioners, or any other officers whatsoever, at their will and pleasure, for the better marshalling, disposing, guiding, and governing of the said lottery and lotteries; and that it shall likewise be lawful, to and for the said treasurer and any two of the said Council, to minister to all and every such person, so elected and chosen for officers, as aforesaid, one or more oaths, for their good behaviour, just and true dealing, in and about the said lottery or lotteries, to the intent and purpose, that none of our loving subjects, putting in their names, or otherwise adventuring in the said general lottery or lotteries, may be, in any wise, defrauded and deceived of their said monies, or evily and indirectly dealt withal in their said adventures.

XIX. And we further grant, in manner and form aforesaid, that it shall and may be lawful, to and for the said treasurer and company, under the seal of our said council for the plantation, to publish, or to cause and procure to be published, by proclamation or otherwise (the said proclamation to be made in their name, by virtue of these presents) the said lottery or lotteries, in all cities, towns, boroughs, and other

places within our said realm of England; and we will and command all mayors, justices of peace, sheriffs, bailiffs, constables, and other officers and loving subjects, whatsoever, that, in no wise, they hinder or delay the progress and proceedings of the said lottery or lotteries, but be therein, touching the premises,

Doubtful

shall be con

aiding and assisting, by all honest, good, and lawful means and endeavours.

XX. And further, our will and pleasure is, that in all quespassages tions and doubts that shall arise, upon any difficulty of construed in fa- struction or interpretation of any thing contained in these, or vour of the any other our former letters patents, the same shall be taken and grantees. interpreted, in most ample and beneficial manner, for the said treasurer and company, and their successors, and every member thereof.

Confirma

former let

XXI. And lastly, we do, by these presents, ratify and confirm tion of the unto the said treasurer and company, and their successors, for ters patents ever, all and all manner of privileges, franchises, liberties, immuin all points nities, preheminences, profits, and commodities, whatsoever, not revoked granted unto them in any our former letters patents, and not the present. in these presents revoked, altered, changed, or abridged. Although

or altered by

express mention of the true yearly value or certainty of the premises, or any of them, or of any other gift or grant, by us or any of our progenitors or predecessors, to the aforesaid treasurer and company heretofore made, in these presents is not made; or any statute, act, ordinance, provision, proclamation, or restraint, to the contrary thereof heretofore made, ordained, or provided, or any other matter, cause, or thing, whatsoever, to the contrary, in anywise, notwithstanding.

In witness whereof we have caused these our letters to be made patents. Witness Ourself, at Westminster, the twelfth day of March, in the ninth year of our reign of England, France, and Ireland, and of Scotland the five-and-fortieth.

NOTWITHSTANDING the acquisition of the Bermuda Islands by the Charter just recited, they were not long retained by the Company, but were sold to a junta of their own associates, who were separately incorporated as the Somer-Islands' Company. In other respects the Colony went on indifferently, after the resumption of its local privileges. Criminals were transported there by the order of the King, and Captain Smith remarks that after his departure from the Colony, the number of felons and vagabonds transported to Virginia brought such evil report on the place, that some did choose to be hanged ere they would go thither, and were.' It is suggested by Grahame, that the fate of this Settlement occasioned Lord Bacon's memorable declaration, that it is a shameful and unblessed thing to take the scum of the people and wicked condemned men to be the people with whom we plant.' As he was a member of the council constituted under the second Charter, it is more than probable that Grahame is correct. At all events, the colonists were sufficiently harassed, and were continually growing more discontented up to the year 1619, when Sir George Yeardley was made Captain-General by the Company, and repaired to the scene of his new administration.

It remains only for me to mention here the remarkable course