The Company.

1. THe Company of Summer-Ilands con­sisteth I of the Free-holders and Ow­ners of Land there. Neuerthelesse, no man shall be admitted into this Com­pany, or haue voyce in any election, or other businesse, in quality of a Free-holder or Owner of Land, that is not Owner of one entire Share, at the least, of the foure hundred and fiue [Page 2] shares, into which the eight Tribes of the said Sum­mer-Ilands are diuided. Prouided alwayes, that the Owners by Ioynt-tenancy, Coparcinary, or other­wise, as Tenants in common, if the number of their persons exceed not the number of their Shares so held, may be admitted into the said Company, and haue each their seuerall voyces: but if the number of their persons exceed, they shall, or may present one to haue voyce for them all.

2. No man, though hauing right, shall presume to be present at the Assemblies of the said Company, before he be solemnly admitted by the Gouernour or Deputie of the said Company in a Generall Court: which admittance shall neither bee gran­ted, where it is not due; nor denyed, or delayed, where it is apparantly due.

3. No person, by reason of minority of yeeres, (ha­uing otherwise right) shall bee excluded from be­ing present at the Generall Assemblies of the said Company: but yet shall not be admitted to haue voyce in any Election, or other businesse whatsoe­uer, till he haue accomplished the full age of eigh­teene yeeres.

Courts.

4. THere are foure great Generall Courts, com­monly II called, Quarter Courts, appointed to be held by the Gouernour, Assistants, and Company for the Summer-Ilands, vpon the foure last Wed­nesdayes of euery Terme; which onely haue, and shall haue power to chuse Officers, as well for the Company here, as also for the Colony and Planters in the Summer-Ilands; to make Lawes and Ordi­nances; to distribute and dispose of the Lands in the Summer-Ilands, as well for the publique good of the Company and Colony, as also agreeable to euery mans particular right. And lastly, to settle the matter of Trade, for behoofe of the Company and Colony.

5. Euery Friday before a Quarter Court, shall bee held a Court to prepare all kind of businesse reser­ued to the power of a Quarter Court to determine.

6. Euery Wednesday fortnight, reckoning from the great Courts, shall also bee held an ordinary Court for this Company, for dispatch of ordinary and extraordinary businesse. And it is not to bee counted a perfect Court, vnlesse the Gouernour or Deputy be there, and seuen of the Assistants.

[Page 4] 7. It shall bee in the power of the Gouernour or Deputy in his absence, vpon extraordinary cause, to call an extraordinary Court.

8. It shall not be in the power of any other then a Quarter Court to make any contract, (saue for the setting out of Ships) whereby either to charge the Company, or otherwise to binde the Company for any continuance of time. In which case it shall bee proposed also in the Preparatiue Court next pre­ceding.

9. Publique businesse shall haue precedence in the Courts before priuate, vnlesse there bee extraordi­nary important cause to the contrary.

10. If any thing ordered in an ordinary or lesser Court, be afterward reuersed in one of the foure great and Generall Courts, it shall be from thence forward, as though it had neuer been so ordered.

11. All Courts shall begin at two of the Clocke in the afternoone, and dissolue at the rising of the Go­uernour, or of the Deputy in his absence.

12. Nothing shall be put to the question after sixe of [Page 5] the clocke in the afternoone: yet by order of the same Court to be made before sixe, the debating and concluding of any particular businesses men­tioned in the said Order, may continue on longer, as the matters then in handling shall require.

13. If the businesse for the Quarter Courts grow ve­ry great; it shall be in the power of the Gouernour or Deputy, with allowance of the Preparatiue Court next preceding, to assemble the Quarter Courts both in the forenoones at eight of the clocke, and in the afternoones of the dayes appoyn­ted for them. Neuerthelesse, in regard the meetings in the afternoones haue beene obserued to bee al­wayes farre greater then in the mornings: It shall be in the power of the same Quarter Court, in the afternoone to disauow and reuerse any thing pas­sed in the morning; to which purpose the morning Court shall be first read.

14. The Company shall be summoned to the Quar­ter Courts, and Courts extraordinary by the Offi­cer, 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 husband, and other Officers shall at all Courts giue diligent attendance.

15. It shall be lawfull at a Generall Court, and with [Page 6] consent thereof, to dispence with all meetings in long vacations, or in such part of them as may bee spared, vnlesse some extraordinary matter befall. In which case may be called extraordinary Courts.

16. The Gouernour and Company being a Body and Communalty perpetuall, shall haue one faire and common legall Seale, to be kept by the Gouer­nour, and not to be affixed to any Grants or Instru­ments whatsoeuer, otherwhere then in publike Courts, or by expresse warrant from thence.

Elections.

17. III AT the Great and Generall Court, commonly called the Quarter Court in Easter Terme, all Officers of this Company shall be voyd; and the Court shall proceed to Election of new Officers in manner following.

18. The Gouernour, soone after the beginning of the Court to be held in the afternoone of that day, at the giuing vp of his Office, shall declare by word or writing, the present estate of the Colony and Planters in the Summer-Ilands. And the Treasurer at the same time shall deliuer into the Court a Booke of his Accounts for the yeere then ended, [Page 7] examined and approued vnder the Auditors hands: declaring withall the present estate of the Cash: which booke shall lye open in euery Court to bee viewed by all men till the next Quarter Court; and shall then be laid vp in the Chest of the Compa­nies euidences.

19. This done, the Gouernour shall leaue his place, and the Court without intermixing of other busi­nesse, shall proceed to Election of Officers for the yeere insuing; first of a Gouernour, then of a De­puty; afterward of the Assistants; next of a Treasu­rer; after that, of the Auditors: and lastly of the Se­cretary, Book-keeper, Husband, and Beadle.

20. At the choyce of each Officer, the persons no­minated to stand in Election, shall withdraw them­selues, till the party chosen bee publikely so pro­nounced. And generally, no man shall bee present in the Court, whilest himselfe or his matter passeth the iudgement of the Court.

21. In regard of the waighty businesse of this Com­pany, which is also like to increase: no man shall be chosen Gouernour of the Company of the Sum­mer-Ilands, who at the time of his Election is Go­uernour of any other Company; except it seeme good for the behoofe of both Companies, that the same man haue the gouernment both of this Com­pany, and of that for Virginia.

[Page 8] 22. It is for waighty reasons thought very expedient, and so ordered, that no man continue in the place of Gouernour, Deputy, or Treasurer of this Com­pany, aboue three yeeres at once.

23. For the auoyding of diuers inconueniences; It is thought fit and so ordered, that all elections of Principall Officers, in, or for the Summer-Ilands, as also of the Gouernour and Deputy here, be perfor­med by a ballating box, as in some other Compa­nies.

24. Euery Officer as hee is chosen, shall openly in Court take his Oath, or if he bee absent, at the next Court he commeth to.

25. The Gouernour, Deputy and Treasurer, hauing no certaine allowance for their cares and labours: the rewarding of these former Officers according to their deserts, is referred to the pleasure of the Court, wherein new Officers are chosen.

Gouernour.

26. THe Gouernours duty is to keepe the ordinary IIII Courts of the Summer-Ilands, and vpon cause extraordinary, to call Courts extraordinary: And in all Courts and other meetings, hee is to haue a casting voyce.

27. He is to moderate the Courts in quality of a President, and to cause grauity, decency and good order to be obserued: and for breach thereof, after a graue admonition first giuen and preuailing, to proceed to reformation by the iudgement of the Court.

28. He is to propound and put all things to the que­stion which the Court requires, the same not being contrary to his Maiesties Letters Patents, or In­structions, nor to the Standing Lawes and Orders of the Company; vnder paine of being immediate­ly put from his office, if he refuse: in which case, the Deputy shall doe it vnder the like paine. And if hee refuse, then any of the assistants there present.

29. The Gouernour is to haue care that the ex­traordinary Committies appoynted by the Courts [Page 10] to seuerall businesse, doe prosecute the same, and giue seasonable account of their doings to the Court.

30. He is also to haue an especial care, that no Grant or Patent doe passe from the Company, but vpon examination thereof by a select Committy; who are exactly to obserue the Orders made concer­ning them. And to this end, with diuers others, hee is to haue a vigilant eye on the Companies Seale, which is to be committed to his custody, that they be not wronged by abusing thereof.

31. The Gouernour, vpon receit of publike Letters, from, or concerning the Summer-Ilands, shall assem­ble at least foure of the principall Assistants to im­part them to them, and by their assent shall cause them to bee read in Court, vnlesse there bee some cause of secresie; in which case hee shall commu­nicate them with the Assistants onely. In like sort, the publike Letters and instructions to bee sent to the Gouernour and people in the Summer-Ilands, or otherwise concerning them, hee shall cause to bee publikely read, and approued by the Court or Assi­stants as the case shall require. And neither hee, nor any other, shall of his owne head or authority, write, or send any directions swaruing from such as the Court or Assistants shall giue, vpon paine to be suspended from the Court for euer.

[Page 11] 32. The Gouernour shall assemble the Principall Assistants whom the Court shall particularly as­signe to assist him, vpon all waighty occasions re­quiring serious deliberation: and shall haue care with them, that the Lords of his Maiesties Priuie Councell be acquainted with all matters of extra­ordinary and greatest importance concerning the State.

33. He is to doe his best, that fit men bee chosen to the place of Assistants, and being chosen, is to haue care that they take their Oathes.

34. The Gouernour is to haue care also that the ge­nerall Assistants keepe their Courts with the Depu­tie, vpon all occasions of businesse.

35. The Gouernour at his pleasure shall sit in any Assembly, either of the Assistants, or other Com­mitties ordinary, or extraordinary; vnlesse the mat­ter happen to concerne himselfe particularly.

Deputy.

36. V FOr matter of the Courts, in the Gouernours ab­sence the Deputy shall performe his Office, and in his presence be assisting to him.

37. He shall ouersee the Secretary for entring the Orders of Court, and shall giue instructions for the writing of Letters as he shall be directed, and haue care that accordingly they be written.

38. The Deputy shall also keep the Courts of Assistants vpon all occasions requisite, and at his pleasure shall also sit in any Assembly of Committies ordinary or extraordinary, vnlesse the matter concerne him­selfe: and in all these, in the Gouernours absence, he shall haue a casting voyce.

39. He shall suffer no warrant to be made and signed for issuing out of money, but in the open Court of Assistants, after due examination of the Cause: vn­to all which warrants his owne hand shall bee first set, and after it, other foure hands or more of the Assistants. And the Deputie and Assistants shall not intermeddle with Disbursements for any other [Page 13] charges, then such as arise within the compasse of their owne yeere.

40. When a Warrant is directed to the Treasurer to pay any grosse Summe to the Deputie, to be issued out by him and the Assistants for the vse of the Company: in that case it shall not be requisite, that the Deputies hand be to the Warrant, so it be to the receit.

41. Generally the Deputy shall ouer-see all inferiour Officers, that they performe their duties.

Assistants.

42. THe Assistants being to bee foure and twenty,VI and to be yerely chosen; there shall be a yeerly alteration made of one fourth part at the least; to the end many be trained vp in the busines: to which end, the six new Assistants shall be first chosen.

43. The Assistants Office is, together with the De­puty, to performe the orders of Courts, for setting out Ships, and buying prouisions for the Summer-Ilands; wherein especiall care is to be had, that nei­ther the husband, nor any one man alone bee in­trusted [Page 14] with the making of those prouisions: but two at the least, to be appoynted thereunto by the Deputy and Assistants in their Court; who shall also bring in their bils and accounts, to bee examined and approued by the Assistants. The like care shall they haue at the returne of Ships from the Summer-Ilands, of the Goods belonging to the Company, to bee safely kept and sold to the best aduantage, 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 Deputy and Assistants shall also haue care, of the Invoyces to be made for the prouisions sent to the Summer-Ilands: and of the Certificates of the receit to be thence returned: as likewise of the Invoyces of the Goods sent from the Summer-Ilands. All which shall bee registred fairely in a Booke.

44. The Assistants shall diligently keep their Courts, whensoeuer occasion of businesse shall require. They shall bee summoned by order from the Go­uernour or Deputy: and it shall not bee counted a Court of Assistants, vnlesse the Gouernour or De­puty with sixe Assistants be present. The Secretary of the Company shall keepe a Booke also of their proceedings.

Principall Assistants.

45. AFter choice of the foure and twenty Assistants,VII sixe of them shall be selected by the Court, to be of counsell with the Gouernour, or Deputy in his absence, in all matters of importance concer­ning the Summer-Ilands: and they shall haue the name of Principall Assistants; but their power shall be onely to deliberate and aduise; but not to conclude, without the rest of the Assistants, or the generall Court, as the case shall require.

46. The Principall Assistants are to assemble vpon all important occasions, being requested by the Gouernour or the Deputy in his absence. And in defect of both, being desired by the Court: and without fauour or displeasure, priuate or sinister re­spect, to giue their faithfull aduice in all matters tending to the aduancement and benefit of the Plantation; and especially touching the making of Orders and Constitutions for the better gouer­ning, as well of the Company heere, as also of the Colony planted in the Summer-Ilands, wherein the policy and forme of England is to bee followed as neere as may be.

47. The Principall Assistants, together with the Go­uernour [Page 16] and Deputy, shall haue an especiall regard, by pious 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 alleagiance to his Maiesty and the Crowne of England; in due respect also to this Company for the Summer-Ilands; and in iustice, peace, vnifor­mity, and amity, amongst themselues.

48. They shall also haue care of the Instructions to be deliuered, or sent from time to time to the Go­uernour, or other Principall Officers in the Sum­mer-Ilands: and shall haue an eye vpon the due ob­seruance of the same.

49. If any Principall Officer of the Company here, or Magistrate, great Officer or Councellor in the Summer-Ilands, shall by the fame of his mis-deserts, or particular occasion, merit to bee called in que­stion heere of being remoued from his place, or o­therwise reformed or censured: he shall be first con­uented and examined by the Gouernour, Deputy, and Principall Assistants, before his cause bee pro­duced in publike Court: and in his absence the like course shall be held for his businesse.

50. The Principall Assistants, in consideration of this their greater imployment, shall not bee tyed to attendance at the Courts of the generall As­sistants, [Page 17] other then at their owne leisure and plea­sure.

Treasurer.

51. THe Treasurer shall stand charged with the pub­like VIII Treasure of the Company, and is to haue care that it be duely got in, and not issued out, but by lawfull warrant, and to the Companies vse.

52. A lawfull warrant for charges of the present yeere, is that which is signed by the Deputy and foure of the Assistants, vnlesse the money be to bee paid to the Deputy himselfe; in which case the war­rant shall be signed by sixe of the Assistants: and for former charges and debts, that which is signed by three of the Auditors, whereof one to be of the Quorum; and vnderneath, or vpon the backe of e­uery Warrant, an Acquittance shall bee taken for the Receit vnder the parties hand.

53. The Treasurer is also to yeeld vp a true and per­fect account of the generall Cash at the end of his yeere, and to bring it in a fortnight before, to the Auditors to be examined; and at all times, being requested by the Auditors or Assistants, to shew in what case the Cash doth stand.

[Page 18] 54. If any complaint or suspition grow concerning the account, a reuiew shall be made by twelue cho­sen by the Court, and the account being accepted and approoued by the Court, the Treasurer shall haue his Quietus est, vnder the Companies Seale at the Quarter Court in Trinity Terme then next insuing.

Auditors.

55. IX THe Auditors shall be fiue; whereof one at the least of the Principall Assistants, and two of the Quorum.

56. The Auditors shall haue care of the generall ac­counts, to examine the Receits and Disburse­ments according to the Orders of the Company: and in all cases of difficulty, or of breach of these Orders, they shall acquaint the Gouernour, and the generall Court therewith; and from thence receiue resolution, and direction.

57. They shall also cause to be reduced into a seue­rall booke, the whole Receits and Disbursements of that yeere; and the same vnder three of their [Page 19] hands at the least, (whereof one to be of the Quo­rum) shall bee presented by the Treasurer at the Quarter Court in Easter Terme, at the giuing vp of his and their Office.

58. They shall signe no Warrants for the issuing of money, but onely for old charges or debts, that is to say, due before that yeere of their Office; and that not otherwise, then after due examination of the matter had in their appoynted meetings. Vn­to which Warrant shall bee first set the hand of one at the least of the Quorum, and then of two other or more of the rest of the Auditors.

59. The Auditors shall also imploy their best in­dustry and care, for the recouery of the old Debts due to the Company, and their Receits shall trans­mit to the generall Cash.

60. And touching the old accounts now depending in Audit, that is to say, from the beginning of the Plantation, till the ninth day of May 1621. the Au­ditors shall proceed 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 Gouernour, Deputy and Court, with such impediments and difficulties as shall be incident.

[Page 20] 61. The Auditors shall keep their meetings once at the least in a week in Terme time, or oftener, if need require; and once euery moneth at least in the va­cation times, to ouersee the accounts, and to dis­patch such other businesse as shall be committed to them.

62. They shall also haue the authority of the Court, to call before them such persons as are indebted or accountable to the Company. To which end the Beadle shall attend vpon them: who shall be rewar­ded for his trauell at the pleasure of the Court.

Accounts.

63. X NO Auditors extraordinary, shall presume to intermeddle with the auditing of any ac­count, wherein the Body of the Company is inter­essed; but being appoynted in the face, and with the approbation of the Court.

64. All Accountants whatsoeuer, and Auditors ex­traordinary, if the Court so require, shall haue an Oath ministred vnto them in the face of the Court; [Page 21] the one for true accounting, the other for true au­diting.

65. No account shall bee held cleered, nor Ac­countant discharged, till the account being ap­proued vnder the Auditors hands, bee presented to the Court, and there lye openly in Court two Court dayes, to bee viewed by any that are so dis­posed.

66. If exception bee taken to any account whatso­euer, the Court shall proceed to reuiew, as in like case of the Treasurer. If no exception bee taken in the two Court dayes, or vpon the reuiew returned, and the account approued; the Gouernour then, or Deputy in his absence, shall signe the account in open Court; whereby the Accountant shall bee cleerly discharged.

67. If any Officer, or other Accountant bee slow in bringing in his accounts to the Auditors ordi­nary or extraordinary; or within one moneth after his account is perfect, doe not pay the Cash the due Summe remaining, vnlesse the Court see cause to giue longer time: the Auditors or Treasurer shall impart the same to the Court, that order be thence giuen for redresse thereof.

[Page 22] 68. If any man be found indebted to the Compa­ny by any meanes whatsoeuer, and being required, shall refuse or forbeare to pay the said Debt: the same shall be leuied vpon such profits and commo­dities, as hee either hath in the Summer-Ilands, or shall be returned hither from thence; wherein hee shall stand to the iudgement of the Court.

Secretary.

69. XI THe Secretary shall attend the Gouernour and Deputy, in such seruice of the Company, as wherein they shall haue cause to vse him. And be­sides the generall Courts, hee shall of duty attend the Courts of Assistants, and keepe seuerall Bookes of their proceedings. The Principall Assistants, Auditors, and Committies extraordinary, he shall then also attend, when, and so often as hee shall bee thereunto required.

70. He shall be bound by oath to keepe secret all matters of secresie; and not to discouer the pro­ceedings of the Principall Assistants, and Commit­ties extraordinary, till such time as themselues shall publish the same.

[Page 23] 71. The Secretary, vpon reference of any businesse from the Court to a select Committie, shall giue a note to the Officer, containing the businesse, time, and place.

72. His Office is also to be a Remembrancer to the generall Courts, and to the Courts of Assistants, for the prosecuting and performing of matters for­merly ordered; as also touching Motions former­ly made, and referred to speciall Committies, or o­ther further consideration.

73. If at any time a generall Court shall order any money to be issued out of the Cash, the Secretary vnder his hand shall deliuer a Copy thereof to the Auditors, if it be of old Debts; and if otherwise, then to the Deputy and Assistants, who respectiue­ly shall vnder that Order, make their warrant for payment of that money, vnlesse they finde the Court, by wrong information, to haue been abused and deceiued in that order; whereof at the next Court they shall giue aduertizement.

74. The Secretaries Office is to keepe the Bookes of the Company, and fairely, and orderly to en­ter in them the particulars heere-vnder expressed, and in such manner as hee shall bee directed by [Page 24] the Gouernour, Deputy, or Auditors. First, a Booke containing the Copies of the Kings Letters Pa­tents to the Company: Likewise of all Grants from the Company for Virginia: Also of all Letters, Or­ders, Directions, and other Writings from his Ma­iesty, the Lords of the Councell, and other great Officers, concerning the Company and Affaires of the Summer-Ilands; together with the answeres made vnto them.

75. A second Booke shall bee kept of all the Lawes and Standing Orders established henceforward in the Quarter Courts, and beginning with this day; as well such as concerne the Gouernment of the Company and businesse heere, as also the Gouern­ment of the Colony and Affaires in the Summer-Ilands.

76. In a third Booke shall bee registred all the Pa­tents, Charters, and Indentures of validity, hereto­fore granted, or that hereafter shall bee granted by the Gouernour and Company; all Instructions; all publike Letters written to the Summer-Ilands, or from thence returned.

77. A fourth Booke shall bee of the Acts of the ge­nerall Courts, beginning with a new Booke at the Quarter Court in Easter Terme last. In which Booke, vpon any cause controuerted and debated, [Page 25] the Secretary shall haue care to set downe exactly, the resolution and conclusion of the Court, toge­ther with the principall reasons inducing there­unto: but shall not set downe other passages of speech, nor the parties names that were of other o­pinion.

78. A fifth Booke shall bee of the Acts of the Assi­stants, beginning from the same Court. In which Booke shall be registred all Invoyces of the proui­sions sent to the Summer-Ilands, and the Certifi­cats of the Receits to be thence returned: as like­wise the Invoyces of the Goods sent from the Sum­mer-Ilands, with the Husbands Certificats of the re­ceit or defect.

79. In the sixth Booke shall be registred the names of all the Aduenturers and Owners of Land in the Summer-Ilands, together with the number of Shares to each person belonging, according to the seuerall Tribes wherein they are placed. Here shall also bee entred the lawfull transports of Shares. Both which shall first bee published and allowed in a generall Court, and not registred in this booke, but by di­rection from thence.

80. The Secretary shall also keepe safe in the Com­panies Chest of Euidences, the Originals of all the Letters Patents, and other writings afore men­tioned: [Page 26] all the bookes also aforesaid: all the Go­uernours and Treasurers bookes of their yeerely accounts: the Husbands bookes of accounts of e­uery voyage to the Summer-Ilands: and all other ac­counts perfected and approued by the Auditors. In the same Chest shall bee kept all Charter-par­ties, as well cancelled, as vncancelled: all bonds made to the Company, or for their vse: and all bonds of the Companies, discharged and cancel­led: and all other writings and muniments what­soeuer belonging to the Company: and the Secre­tary shall deliuer out none of the Companies wri­tings, but by direction from the Gouernour, De­puty, or Court, taking a note of the parties hand for the true restoring of them: and in conuenient time hee shall make Calenders of all the foresaid writings. The said Chest of Euidences shall haue two strong lockes to it: the key of the one shall bee kept by the Gouernour or Deputy; and the key of the other by the Secretary.

81. The Secretaries Salary shall be for the present, ten pounds per annum; and when the publike Land shall be thorowly planted, then twenty pounds; and of his paines extraordinary, the Court shall take consideration.

Booke-Keeper.

82. THe Booke-keeper, at such time as hee shall bee XII be found to be necessary, shall be directed and ordered by the Treasurer and Auditors; and shall receiue his Salary in the Quarter Courts, as the Au­ditors shall report of his paines and deserts.

83. The Booke-keeper, vpon conference with the Secretary and the Husband, and they two in his defect, shall in euery Quarter Court present openly to the Gouernour, a true note of the Debts, both owing by the Company, and ought vnto them; to­gether with the ground from whence they are ri­sen; that the Court may take order for the discharge of the one, and recouery of the other.

Husband.

84. THe Husband is to bee ordered by the Gouer­nour,XIII Deputy, and Assistants; and to keepe his accounts in exact and iustifiable manner: and to bring them from time to time to the Deputy and Assistants, to be first examined there, and approued [Page 28] vnder their hands, and then to bee presented to the Auditors.

85. He shall at the end of euery voyage set out by the Company, make a seuerall booke of the char­ges of that voyage, to be presented by him to the Auditors, and by them to the Court. His wages for the present shall be tenne pounds per annum; and twenty pounds, when the publike Lands shall bee thorowly planted.

Beadle.

86. XIIII THe Beadle or Messenger is to bee at com­mand of the Gouernour, Deputy, and Courts: He is to warne all Quarter Courts, and Courts ex­traordinary; all meetings of the Assistants, and of all select Committies. His wages tenne pounds per annum for the present, and twenty pounds when the publike Lands shall bee thorowly planted.

Generality.

87 THe particular Members of the Company, shall XV bee subiect to the generall Courts, in matters concerning the Company or Plantation. If any man find himselfe agreeued by a lesser or ordinary Court, hee may appeale to a great and Quarter Court: where the matter shall be heard and finally ordered. If any man refuse to obey both the Court and other, he shall be suspended from the Courts for three yeeres, and so much longer till hee submit himselfe to the order of the Court.

88 Euery man speaking in Court, shall addresse his speech to the Gouernour, or Deputy in his ab­sence, as representing the Court. And all priuate speech, or directed to particular persons, shall bee forborne.

89 No man in one Court shall speake aboue thrice to one matter: saue the Gouernour, and the De­puty being to moderate the busines.

90 No man with his speech shall interrupt the speech of another, before he haue finished: except the Gouernour, or in his absence the Deputy, (with approbation of the Court) see cause to [Page 30] put any to silence for impertinency, or other vn­seemely speaking.

91 If any man be found by sinister course, to practise his owne aduantage, to the damnifying of the pub­like; or be found with the Companies money or goods in his hands, and refuse to deliuer the same being lawfully thereunto required: If being sum­moned to the Court, hee refuse to appeare: or ap­pearing, performe not the order of the Court; hee shall be both suspended from the Courts, and far­ther poceeded against, as an vnworthy member and wrong-doer to the Company.

92 If any man out of euill mind, practise to rayse faction or dissention in the Company: he shall for the first time be admonished by the Gouernour and the Court; and at the second time be suspended from the Courts for three yeeres.

93 Whosoeuer shall attempt by priuate solicitati­on to packe the Court to any vniust or vnlawfull end: he shall vpon complaint be conuented before the Gouernour and Principall Assistants; And be­ing conuicted thereof by iudgement of the Court, hee shall bee suspended from the Courts for three yeeres.

[Page 31] 94 If any man be found through corrupt reward, to make a motion in the Court, tending to the pub­like hurt, or to the priuate wrong of another: hee shall bee foorthwith suspended from the Courts for euer.

95 No man shall presume to intercept letters, writ­ten by or to the Gouernour or Company, or to spread false rumours vpon sinister intent, to the wrong of the Gouernour, Company or Colony. The offender shall bee suspended from the Courts for euer.

96 No man shall traduce any member of this Com­pany in the Court of any other Company, 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, for more yeeres, as the Court shall thinke meete.

97 To auoid the drawing of the Company into debt henceforward, It is ordered that no man, other then the Gouernour or Deputie, by the ad­uice and assent of the Principall Assistants, make or propound any new proiect of charge to the Com­pany: but that he therewithall offer good meanes [Page 32] to defray that charge, and vphold his proiect, in such sort that the Company bee neuer drawne a­gaine into any further Debt. And the breakers of this Order, shall bee excluded from the generall Courts, and from hauing voice or bearing Office for one yeere after.

98 If any man mooue for any charge to the Com­panie by way of gift in what sort soeuer: It shall be first referred to a select Committie: And if the charge doe not exceede ten pounds, it may be or­dered by the next Court: If aboue, it shall be reser­ued to the Qarter Court ensuing.

99 It shall not be lawfull for any Owner of Land, to sell or transport his Shares to another, otherwise then in open Court: And not before it do appeare vnder three of the Auditors hands, that the partie transporting his Shares stand cleere, and bee not in­debted to the Company; or the partie to whom they are passed, pay the said debt.

Lawes.

100 XVI NO Lawes or standing Orders shall be made by the Company, otherwise then in this manner. First, after the propounding of them in Court, they [Page 33] shal be referred to the discussing of a Select Cōmit­tie: the Commities shal present their labours to the view of the Assistants: The Court of Assistants appro­uing them, they shall bee brought to the Court of Preparation next before the Quarter Court, and there openly read: And lastly they shall passe the Iudgement of the Quarter Court.

101 The Lawes and Orders thus made, shall bee fair­ly registred by the Secretary in a Parchment book: which he shall bring in euery Court, and lay on the Table, that all men may peruse them that are so dis­posed.

102 In the Quarter Court in Hillary Terme, all Lawes and Standing Orders concerning the Company here, shall bee publikely read in the be­ginning of the Court, till such time as it shall seem fit to haue them printed.

103 The abrogating of a Law or Order, shall pro­ceed by the same degrees, by which the making.

104 All Orders heretofore made repugnant or swar­uing from these, shall be henceforth void.

Land in the Summer-Ilands.

105. XVII THe Land in the Summer-Ilands, is part­ly publike, partly priuate. The priuate Land is diuided into eight Tribes, ly­ing from the common Land, in this order: Namely, Harington and Hamil­tons Tribe, Smythes Tribe, Deuonshire Tribe, Pem­broke Tribe, Pagets Tribe, Warwicke Tribe, South­hampton Tribe, and Sandys Tribe. Each of these Tribes is subdiuided into fiftie shares belonging to particular owners: saue that two shares in Pem­broke [Page 35] Tribe are appropriated for euer in quality of Gleabe land to the Minister. To Southhampton Tribe there haue beene also annexed fiue other Shares or parts out of an ouer plus of Land that fell out in the Diuision, three whereof haue beene giuen by the Company to one of the Gouernours in the said Summer-Ilands: And the other two are appropri­ated for euer in qualitie of Gleabe Land to the Minister.

106 The little Ilands and spots of Land scattered about these Tribes, and not appropriated to any Tribe at the admeasurement of the Land as parcell of the same, shall lye in common to the vse of al the eight Tribes: But the spare Land lying neere the fresh water in euery Tribe, shall bee diuided in proportion to euery share, and shall be orderly layd out for the building of houses, and for gardens and other easements to bee adioyned to them, that the people may liue more comfortably as in Townes together.

107 All the residue of the Land, with the little Ilands and spots adioyning, is and shall for euer continue publike Land; that is to say, The Land of the Go­uernour and Company of the City of London for the Summer-Ilands: and shall not be alienated from the Bodie of the said Company, or subdiuided a­mongst the said Company or any part thereof: Saue that two hundred Acres of the Iland, called [Page 36] Dauies Iland, shall bee annexed to Harrington and Hamiltons Tribe, to make recompence for the al­leaged sterility of the Land in that Tribe: and ex­cepting such other Lands, as haue been already law­fully alienated or granted by former Quarter Courts, if any such be.

108 Neuerthelesse, the publike Land shall receiue the diuision insuing, for publike vses and seruices. Fiftie acres next to Saint Georges Towne, shall bee appropriated for euer in quality of Glebe Land to the Minister: and fifty other acres next to Haring­ton and Hamiltons Tribe, in like sort to another Minister. The Gouernour of the Summer-Ilands there residing, shall haue allotted to him and his Successors, twelue shares of Land, containing three hundred acres: which Land shall lye together in Saint Georges Iland, and shall begin at the poynt next Penistons Iland at the East, and so shall take all the Land before it from Sea to Sea; saue that the fifty acres belonging to the Minister, shall lye neere to the Church and Parsonage house; and the Go­uernour shall take charge of the three Forts in his owne Land. The Sheriffe shall haue also allotted to him and his Successors there residing, foure shares of Land, containing one hundred acres, next adioy­ning to the Gouernours Land. And the Secretary shall haue two shares, containing fifty acres. There shall be also allotted to the Captaines of the other Forts, eight shares of Land, containing in the whole, two hundred acres, viz. to the Captaine of [Page 37] the two Forts in Penistons Iland, two shares: to the Captaine of the Fort toward Saint Dauids Iland, two shares: to the Captaine of the Fort on Coopers Iland, with a platforme ouer against the Forts on Gurnards Head, two shares: and to the Captaine of the Forts at the Gurnards Head, two shares: which shares of Land shall be laid out of good Land, and in places most conuenient for the Officers afore­said: all the residue of the publike Land, shall be occupied for the vse of the generall Company; and to defray the publike charges for the safegard of the said Summer-Ilands; and in workes for the ge­nerall good of the Inhabitants thereof, according as the said Company shall appoynt.

109. The Gouernours Land, at the charge of the Company, is to be furnished with two Tenants to euery share. In like sort the Lands of the Sheriffe, and of the Secretary, and the Glebe Lands of the foure Ministers; the Lands also of the foure Cap­taines of the Forts aboue specified. And it shall not be lawfull for the said Gouernour, Sheriffe, Mi­nisters, Secretary, Captaines, or any of them, to let out his or their Tenants to hire, or to imploy them elsewhere, or otherwise, then in occupying of the said Lands respectiuely, vnder a grieuous penalty to be inflicted vpon the Offender by the iudge­ment of a Quarter Court. And the Gouernour, Sheriffe, Ministers, Secretary, and Captaines afore­said, and their Successors for euer, shall at the yeel­ding vp, or leauing of their places, be it by death, [Page 38] or otherwise, leaue the like number of Tenants to their Successors, as shal be left vnto them from their Predecessors, or as they shall haue receiued from the Company.

110. For the benefit and better incouragement of all Handicrafts men necessary for the Summer-Ilands; it is granted and ordered, that euery Shipwright, Carpenter, Ioyner, Mason, Brick-maker, Brick-layer Smith, Cooper, Sawyer, and all other of like ne­cessary Handicrafts, that shall goe to the Summer-Ilands to inhabit vpon the publike Land, and there to exercise their Handicrafts, shall haue two acres of the said publike Land set out vnto each for an House and Garden, paying the yeerely rent of two shillings, at the feast of Saint Michael the Arch­angell, to continue in like sort to them, their heires and assignes; vpon condition that they conti­nue also the exercise of some Handicraft occupa­tion, and wholly forbeare the planting of Tobacco vpon the same Lands, and not otherwise.

111. If any Handicrafts men aforesaid, shall desire to be placed in any of the Tribes, it shall bee lawfull for any Owner in euery of the said Tribes, to demise vnto any of the said Handicrafts men, two acres of his Land, or a lesse quantity, but not aboue, for such yeerely Rent as they shall agree on; vpon condi­tion that the said Handicrafts man continue the exercise of his said Trade, and wholly forbeare the [Page 39] planting of Tobacco vpon the same Lands, and not otherwise.

112. All the Lands in the Summer-Ilands, as well pub­like, as priuate, shall bee occupied to halfe profits, betweene the Owners, and the Occupiers; except the Lands granted or demised to the said Handy­crafts men, and such Proprietors as themselues shall inhabit vpon their owne Lands, and such other as shall be here vnder excepted: And all other Con­tracts shall be voyd.

113. Yet no children, or young men, vnder the age of twenty and one yeeres, shall share by halues, in the profits as other men doe; nor liue vpon shares by themselues; but with Masters of families; there being found to them diet, lodging, and apparell conuenient, with some other yeerely allowance of profit, according to their abilities and deserts. And if any owner of Land shall contract with his ser­uant or Apprentice, to serue him at any other rates, and not at the halfe profits, till the said seruant or Apprentice shall haue accomplished the full age of twenty foure yeeres, the said Contract shall stand in force and validity.

114. The Gouernour, and other Officers, shall take care for the preferuation of the breed of Birds, by reseruing to them those Ilands whereunto they re­sort. [Page 40] Also for preseruation of the young Tortoyses, by such orders, and vnder such penalties, as by the generall Assembly hereafter to be spoken of shall be set downe.

115. They shall also haue especiall care of the preser­uation of Timber, that no waste be made thereof. And in particular, that no man presume without the Owners consent vnder his hand and seale, to cut downe young Cedar trees, before they be come to their growth, vnder a grieuous penalty, to be as­sessed at the discretion of the said Gouernour and Councell. Neither shall they suffer any Timber, Boords, or Plankes, to be transported out of the said Ilands, without especiall warrant from the Gouer­nour, and Company heere.

116. Care also shall bee taken, that all sorts of Trees, which defend the Ilands from winds and tempests, bee preserued and maintained: and where decay hath been, that young Plants be there set and che­rished.

117. All Grants from the Company, of mens priuate Lands in the Summer-Ilands, shall passe vnder the common Seale of the Company; which shall bee sufficient Euidence for their said Land: prouided, that both the Grantees, and they from whom they deriue their estate, before the affixing of the said [Page 41] common Seale to their Grants, stand cleere from being any way indebted to the Company.

118. No man may be Owner of more then ten shares of Land in the Summer-Ilands; except it shall please a Quarter Court, to grant liberty vnto any man for fiue shares more, or vnder, but not aboue: which Grant must bee confirmed also by the Quarter Court next ensuing. The Transgressor of this Law, either directly or indirectly, shall forfait his shares exceeding the lawfull number, to the Company. But if they accrew vnto any man by discent or Le­gacy; in those cases there shall bee granted vnto him the liberty of twelue moneths, to alienate the shares exceeding the lawfull number.

119. All Grants of Land and Liberties in the Summer-Ilands, shall be passed by Indenture; the counter­part whereof shall be sealed by the Grantees: and the Secretary shall haue the ingrossing of all such Indentures.

120. No Patents, or Indentures of Grants of Lands in the Summer-Ilands, shall be sealed with the Com­panies Seale, but being read and approued in a Quarter Court: the same hauing been also first ex­amined and allowed vnder the hands of a select Committy for that purpose.

[Page 42] 121. No liberty shall be granted, tending to the ex­empting of any man from the authority of the Go­uernour or Sheriffe of the Summer-Ilands, or of the Councell or Courts to be there established, in any case of Treason, Rebellion, Sedition, Heresie, or Schisme; or vpon any duty to be performed for the necessary defence of the Countrey, or for the pre­seruation of the publike peace, and suppressing tu­mults within the Land, or for Trials in matters of Iustice, by lawfull orders to be from hence deliue­red; or in cases consented vnto, as well by a Gene­rall Assembly of the Colony there, as by the Com­pany heere in a Quarter Court. And all Grants swaruing from this Order, shall be deemed vnlaw­full and surreptitious.

122. In all Grants of Lands, a fifth of the Royall Mines of Gold and Siluer shall be reserued to the Company, as another fifth is already reserued to the Crowne.

123. There is also, and shall be for euer reserued to the Company, the Moity of all lawfull wrecks: and the other Moity shall be to the Recouerers. But if the wrecke be driuen within the bounds of any particu­lar mans Land; the Recouerers shall yeeld to the Owner of the said Land the one halfe of their Moi­ty.

[Page 43] 124. There is likewise, and shall bee for euer reserued to the Company, a fifth part of all the Amber­greece that shall be found; and the rest shall be di­uided equally betweene the finder, and the Owner of the Land where the same is found; saue that three shillings foure pence vpon euery ounce of the said Ambergreece, shall be allowed to the Gouernour of the said Ilands. And whosoeuer shall not disco­uer to the said Gouernour and Sheriffe, and some one other of the Councell, the true quantity of the Ambergreece so found, within fiue dayes after the finding of the same, shall forfeit his owne intire part to the Company, and be subiect to such other punishment as the generall Court shall award.

125. In all Patents or Indentures of Grants of Lands, the Grantees shall couenant to imploy their people in reasonable sort in Staple Commodities, and not wholly or chiefly about Tobacco.

126. All Grants of Lands shall be made with equall fauours, and Grants of like liberties and immuni­ties as neere as may bee; to the end that all com­plaint of partiality or vnindifferency may bee pre­uented.

Officers in the Summer-Jlands.

127. XVIII ALL Principall Officers in the Summer-Ilands, and namely, the Gouernour, Sheriffe and Se­cretary, shall bee chosen heere by Ballating in a Quarter Court.

128. The Ministers, and the Councell established in the Summer-Ilands, and all other Officers there re­serued to the choyce of the Company heere, shall bee chosen in a Quarter Court by onely erecti­on of hands; vnlesse the Court desire to haue it passe by Ballating.

129. The Commissions to all Officers there, excep­ting Ministers, shall bee onely for three yeeres in certaine, and afterward during the Companies pleasure: onely the Gouernour shall, vpon no occa­sion, hold that place aboue sixe yeeres together.

130. The Company here shall not bee charged with the maintenance of the Officers there: But they shall be maintained there, out of the publike Lands, or by such other meanes as shall bee heereafter set downe.

Gouernour in the Summer-Ilands.

131. THe Gouernour to be sent to the Summer-Ilands, XIX shall be chosen a man well-affected in Religi­on, and zealous of the seruice of God; a Person discreet, industrious, moderate, iust, and valiant. His Commission is to bee for no longer time then three yeeres, to bee counted from the date of the same. Neuerthelesse, his said Commission is not to take effect, till the expiration, or other determina­tion of the Commission to a former Gouernour, or till the deliuery thereof to the new elected Go­uernour; either here in England, or in the said Sum­mer-Ilands, as the case shall require. Howbeit it is, and shall be lawfull, by a new and solemne Election in manner before set downe, to continue the said Gouernour in his place of Gouernment for longer time, according to his deserts; so as the same ex­ceed not sixe yeeres in the whole together. And if it happen that the Commission to any such Gouer­nour, expire before the ariuall of his lawfull Suc­cessor: In that case hee shall continue still in his place of Gouernment, till such time as his said Suc­cessor shall ariue there: Immediatly whereupon he shall yeeld vp the Gouernment to him.

132. The Gouernours duty is to haue a vigilant eye [Page 46] vpon the strength and safegard of the Ilands, both from forraine Inuasion, and intestine Mutinies. In which case hee hath authority to exercise Martiall Law, according to the manner and forme limited by his Maiesties Letters Patents.

133. It is also his duty to haue an eye vpon the Mini­sters; as well that the people performe their duty toward them, and vse them with all due respect and reuerence; as also that they performe the duty of their place, in duly obseruing the solemne Diuine seruice, and training vp the People in the true feare of God, and obseruance of his Commandements; In assured allegiance also and duty to the King, his Heires and Successors: In obedience also to all o­ther subordinate Gouernours and Gouernment, placed ouer them by authority deriued from his Maiesty: And lastly, in a fraternall loue and vnity among themselues. In all which, the example of the Magistrates and Ministers, will bee of more force then any other perswasion whatsoeuer.

134 It is the Gouernors Office, to haue care of the due administration of Iustice to all the People, as well in cases Criminal, as Ciuill: wherin the equity of the Lawes of England, & forme of administration of Iustice here vsed, is to bee followed as much as may be: Neuerthelesse the Gouernour of himselfe alone shall not make any order in Causes litigious, without both parties consent: but shall heare and [Page 47] determine Causes with the Councels assistance and assent, in such manner as shall bee hereafter set downe.

135. In all Causes ciuill brought to the Gouernour and Councell at the first instance, they may proceed to hearing and determining therof in their ordina­ry sittings. But if it be brought to them by appeale from some other Inferiour Officers; Or if appeale be made from themselues; the Tryall thereof shall bee reserued to the next Generall Sessions.

136. The Gouernour shall not proceed as of himselfe alone, to the Corporall punishment of any man, other then three daies imprisonment. If the crime deserue higher punishment, hee shall proceede by the aduice and assent of the Counsell. Prouided alwaies, that matters of Treason, Murder, and Fe­lony; also of Forgery, Periury, Conspiracy, and such like, be reserued to bee tryed at the next Generall Sessions, according to the Lawes and formes of Triall vsed in this Realme.

137. The Gouernour in the Summer-Ilands, hath po­wer granted by his Maiesty, to minister a formall Oath to any person there whosoeuer, for the exa­mination, testifying and cleering of the truth in any cause whatsoeuer, as well concerning the Plan­tation, as any other particular businesse there ari­sing [Page 48] for the maintenance of Peace and Iustice a­mongst the Inhabitants. Of which power hee shall make vse there, in all such causes, and to all such persons, as the like is done by the Iudges and Iusti­ces of this Realme.

138. The Gouernour shall not suffer any man to de­part from the Summer-Ilands, against whom there is any cause or suit in Law depending; vnlesse the Defendant shall first substitute an Atturney suffici­ent to answere and vndergoe the Suit in his place; and also enter into bond with two sufficient Sure­ties, to performe whatsoeuer Sentence shall passe against him. And if the Gouernour and Councell see probable cause to conceiue, that the Suit is set on foot vpon malice, and to stop the Defendant from his intended iourney: in that case the Plain­tiffe shall likewise giue good security to pay to the Defendant double costs and damages, if the Sen­tence passe not against him.

139. The Gouernour is to hold two generall Sessions in euery yeere, at times to be appoynted by the ge­nerall Assembly hereafter mentioned: whereunto euery Tribe shall send sixe men chosen by them­selues to serue for that Tribe, and the common Land twelue: and all other hauing businesse, or summoned by the Gouernour and Councell, may, and shall repaire thither, and make their appea­rance. And no man shall depart till the Sessions be ended, without leaue of the Gouernour.

[Page 49] 140. The Gouernour shall also, in euery second yeere once, hold a generall Assembly, for the making of Lawes and Orders for the particular necessities and occasions of those Ilands, and the Inhabitants thereof, and for the ordering of other important businesse; which Lawes and Orders shall no fur­ther forth be of force and validity, if they receiue not confirmation afterward in a Quarter Court heere. In this Assembly, the Gouernour shall sit as President, to moderate the Assembly, and shall haue a Negatiue voyce. The Councell shall sit next to him, and each haue his seuerall voyce: but if they all ioyne in one opinion, that also shall haue the force of another Negatiue. And lastly, each Tribe shall by Election send out foure able persons, to re­present that Tribe: and the Occupiers of common Land, eight; who shall haue likewise free voy­ces in that Assembly; where all things shall bee e­stablished by plurality of voyces, the foresaid Ne­gatiues reserued.

141. Lastly, it is the Gouernours duty, to ouersee all inferiour Officers that they performe their duties. To which end he shall minister a formall Oath to all other Officers and inferiour Ministers in the said Ilands whatsoeuer, for the iust, true, and faithfull discharge of their seuerall places, duties and ser­uices.

[Page 50] 142. The Gouernour shall not impose any Fines or Amercements for his owne behoofe: But all Fines, Amercements, Forfaitures, and Confiscations shall accrew to the publike seruice of the Plantation; or to such other vses as are before, or shall be heereaf­ter particularly expressed; to be leuied and kept by the Sheriffe, and to be expended or paid ouer by di­rection of the Gouernour and Councell.

143. The Gouernour shall not lay any Taxes or Im­positions vpon the Lands in the Summer-Ilands; or vpon the People or Commodities, otherwise then by the authority of the generall assembly; to bee leuied and imployed as the said Assembly shall ap­poynt.

144. The Gouernour shall not withdraw the Inha­bitants from their priuate labours, to any seruice of his owne, vpon any colour whatsoeuer. And in case the publike necessity require imployment of many hands, before the holding of a generall Assembly to giue order for the same: In that case, the leuying of men shall be done by order of the Gouernour and whole Body of the Councell, and that in such sort, as to be least burthensome to the people, and most free from partiality.

[Page 51] 145. The Gouernour shall not grant leaue to, nor suf­fer the Tenant or seruant of any man to returne into England, or otherwise to depart from the oc­cupying of his Landlords or Masters Land, before the time of his Couenant be fully expired; except the Owner of the Land, vnder his hand and Seale giue consent thereto.

146. The Gouernour also, in quality of Captaine Ge­nerall, shall haue care that the people be trained vp to Military seruice: and shall from time to time giue seasonable aduertizmēt, for prouision of Shot, Powder, and other Ammunition to be made. Hee shall also haue yeerely a generall Muster or view of Armes: And shall yeerely returne to the Compa­ny a list of the names of all the trained Bands, to­gether with a Certificate of all defects whatsoe­uer.

147. The Gouernour shall not forsake his charge, nor depart out of the Summer-Ilands, during the time of his Commission, without especiall Licence of a Quarter Court heere, vnder paine of being dis­franchised for euer as an vnworthy person; and fur­ther censured and proceeded against, as by a gene­rall Court shall be thought meet.

[Page 52] 148. If it happen the Gouernour of the Summer-Ilands to dye, before the expiration of his Commission, or arriuall of his Successor; in that case the whole body of the Councell shall assemble together, and chuse any of themselues to succeed in that place of Gouernment: vnlesse, or till such time as the Com­pany take other order. The like course shall be held for all other Principall Officers.

Sheriffe.

149. XX THe Sheriffes Office shall be, to see, or cause the Iudgements of the Gouernour and Councell, especially those at the generall Sessions, to be put in due execution. At which Sessions hee shall also im­pannell the Iuries with all indifferency.

150. He shall also leuie, or cause to be leuied, all Fines, Amercements, and other forfaitures whatsoeuer; and all Taxes and Impositions lawfully assessed. And the same in quality of a Treasurer to the Co­lony, shall keepe or conuert to the most profit for their vse, and shall expend the same for no other then publike seruices; and that by direction from the Gouernour and Councell; and shall openly at euery Sessions deliuer vp in writing, a true account [Page 53] of all such his receits and disbursements. The al­lowance for his charges, as well in executing the foresaid Iudgements, as also in leuying the said Fines, Amercements, Forfaitures, Taxes and Impo­sitions shall be such, as by the said generall Assem­bly shall be set downe.

151. Hee shall also in quality of a Treasurer to the Company, carefully collect and leuie all such pro­fits, as shall any way belong to the Company, by reason of the Royalties and other Commodities to them reserued, or by reason of any forfaitures due to the Company: and shall cause them to bee yeerely transmitted to the Company, together with his account; for which hee shall receiue from them an extraordinary reward. The like shall he do for the forfaitures due to the particular Owners of Lands.

152. All Shot, Powder, Armour, and other Ammuni­tion whatsoeuer, with all other publike prouisi­ons sent from the Company to the Summer-Ilands, shall be consigned to the custody and charge of the Sheriffe; who shall not deliuer out the same, or any part thereof, but by order, either from the Compa­ny here, or from the Gouernour and Councel there, whereof the said Sheriffe shall yeerely giue vp a true and perfect Account in writing, as well to the Gouernour and Councell there, as also to the Go­uernour and Company here. And if any Officer or other person, by himselfe, his Seruants or Agents, [Page 54] shall sell away any of the publike prouision of Shot, Powder, Armes, or other Ammunition, to the wrong of the Company, he shall make restitution to the double; and being an Officer, make forfait al­so of his place.

153. Lastly, the Sheriffes duty is once at least euery Quarter, and oftener if there bee cause, to visit the eight Tribes, as also the publike Lands, and all the seuerall parts both of the one and other; and by di­ligent enquiry, to see how as well these Orders of the Company, and all other instructions, as al­so the contracts and agreements betweene the seue­rall members of the Company, and their Tenants or seruants, are obserued: and with the aduice and assistance of the Ouerseers of the Tribes, and of the chiefe Masters of Families, shall proceed to the re­forming and rectifying of what is found amisse, ac­cording to such Orders as shall be established. And if any man be found intractable or incorrigible by the Sheriffe, hee shall be summoned by him to ap­peare before the Gouernour and Councell, either at the generall Sessions, or otherwise, as the cause shall require.

Ministers.

XXI THe Ministers being to be foure, shall haue their Churches and Parishes thus placed and diui­ded. The first Church shall be at S. Georges Towne: and that Parish shall extend ouer all the publike [Page 55] Land, saue that parcel which adioyneth to Harring­ton and Hamiltons Tribe on the Maine. The second Church shall be on the said publike Land fast ad­ioyning to Harrington & Hamiltons Tribe: and that Parish shall extend ouer that part of the publike Land, being as is said before, on the Maine; as also ouer all Harrington and Hamiltons Tribe, and Smiths Tribe. The third Church shall bee in Pembrooke Tribe, vpon the two shares there bought for Glebe Land to the Parsonage: and that Parish shal extend ouer Pembroke Tribe, Deuonshire Tribe, and Pagets Tribe. The fourth Church shall be on the Confines of Southampton Tribe, and Sandys Tribe: And this Parish shall extend ouer Southampton Tribe, War­wicke Tribe, and Sandys Tribe. Neere adioyning to these Churches shall the Parsonage houses be buile. And for the better yeerely maintenance of the Mi­nisters, ouer and aboue their houses, Glebes, and Tenants as aforesaid: It is ordered, that there shall bee apportioned to them out of the fruits of the earth, and Cattell, growing and renewing within their seuerall Parishes, a certaine portion by way of charge vpon euery Share or Farme; so as to make vp each Ministers Intertainement in that kind, to the value of one hundred pounds a yere, or thereabout. Which value of one hundred pounds the yeere, shall commence at the end of seuen yeeres after the making hereof. And in the meane season, the pro­portion for their yeerely maintenance, besides the said Glebe Lands, shall bee such as shall bee agreed vpon betweene the Company and the seuerall Mi­nisters.

[Page 56] 155. Whereas the Owners and Occupyers of the Land, haue of their owne voluntary gift, offered the hun­dreth part yeerely of all their Tobacco, towards the building of the said Churches and Parsonage houses: it is ordered that the Ouerseers of euery Tribe, as also of the common Land, shall yeerely collect the same, and deliuer it vpon account to the Sheriffe; who by aduice and direction from the Go­uernour and Councell, shall take order for the e­recting of the said Churches and houses; and faith­fully expend that which shall arise by the said Col­lections vpon the vses aforesaid; and therof deliuer vp a yeerely account to the said Gouernour and Councell: who shall transmit the same, or a copy thereof to the Gouernour and Company here. The works being finished, the Gift also shall cease.

156. The Ministers shall diligently apply their voca­tion, and shew themselues Patternes of piety and vertue to the people. They shall by helpe of the Ouerseers of the Tribes, and other chiefe men in their Parishes, indeuour to reforme all disorderly persons. If any appeare incorrigible, he shall be pre­sented to the Gouernour and Councell; who shall proceed to reformation by exemplary punishment, according to the quality of the Offenders misde­serts.

157. For the auoyding of Sects and Factions in Re­ligion, [Page 57] the Gouernour and Councell shall be care­full to suppresse by course of authority, all factious and seditious Preaching, teaching, and disputing, as well in priuate, as publike.

Secretary in the Summer-Jlands.

158. THe Office of the Secretary, is to keepe or cause XXII to be kept a Register-Booke of the Decrees and Orders of the Councell there; and to deliuer to the Sheriffe, and other Officers to whom it shall apper­taine, a Copy of such of them as are to bee publi­shed, or to be put in execution.

159. It is also the Secretaries Office, at the Generall Sessions, to performe, or cause to be performed, the Office of Clarke of the Peace, and Clarke of the Assises: and to haue care that all Trials doe passe in due forme of Law; and to keepe a Register Booke of all the verdicts and Iudgements: and to deliuer to the Sheriffe a Copy vnder his hand, of such of them as are to be put in execution.

160. The Secretary shall also in all the generall Assem­blies, hold the place of Speaker; and haue care that all things proceed and passe in due order: and shall keepe a Register Booke of all the Acts there passed, [Page 58] being first signed by the Gouernour and the Coun­cell present.

161. It is also ordered for the present time, till a more conuenient course may be taken, that the probate of Wills, committing of Administrations, and all other Acts incident to Testamentary causes, shall be annexed to the Secretaries Office: who shall like­wise keepe an exact Register of them. The Ministers also in their seuerall Parishes, shall deliuer vnto the Secretary at euery generall Sessions, a true note of all the Christenings, Marriages, and Burials, which haue been in their Parishes from the generall Sessi­ons last before; which the Secretary shall likewise enter in a Booke, and shall send a Copy thereof yeerely to the Company.

162. The Secretary at the arriuall of euery Ship at the Summer-Ilands, shall make a true list of the names of all the people thē arriuing with intent to continue and inhabite in the said Summer-Ilands, of what sex, age, and Trade they are, and vpon whose account they are sent. And likewise at the departure of eue­ry Ship shall make a like list of the names of all the Inhabitants that depart therein, with their sex, age, and Trade, and whose Tenants or seruants they haue formerly bin, together with the cause of their departure. Both which hee shall enter in a Booke there to be kept, and a Copy thereof shall transmit to the Company by the seuerall Ships returning.

[Page 59] 163. Lastly, it is the Secretaries duty, to bee assisting to the Gouernour, as well in dispatch of all Letters and other writings to the Company; as also in pub­lishing all Orders, Commissions, and other directi­ons whatsoeuer, which the Gouernour there shall receiue from the Gouernour and Company heere; and to haue care with the Gouernour, that the said Orders, Commissions and directions be duly exe­cuted; and that thereof a seasonable account be gi­uen to the Gouernour and Company heere.

164. The Secretary, for his seruice at the generall Ses­sions, and at the generall Assemblies, and for Testa­mentary causes, shall haue such Fees as shall bee set downe by the generall Assembly.

Captaines of Forts.

165. THe Captaines of the Forts ought to bee men XXIII discreet, and commended for fidelity. They are also to bee expert Gunners, and trained vp in Military seruice. Their duty is to haue care of the safety▪ of the Forts committed to their seuerall charges, and that they bee well furnished with all necessary prouisions. There shall be also assigned by the Gouernour and Councell, a competent number of the publike Tenants to the seruice [Page 60] of euery Fort, to be trained vp to that Seruice, and to be alwaies in readinesse when occasion shall re­quire: which Tenants, in consideration of that at­tendance and seruice, shall pay to the Company only a fourth part of their yeerely profits. If any of the Captaines of the Forts die there, his place shall be supplyed by appointment of the Gouernour and Councell there, till such time as the Company here proceed to a new Election.

Ouerseers.

166. XXIIII OVt of the sixe persons sent yeerely from euery Tribe, to serue for that Tribe at the generall Sessions to be held in the Spring or former part of the yeere, the Gouernour and Councell shall chuse out two, to haue the place of Ouerseers of that Tribe for the yeere ensuing. And the Gouernour shall openly in the said generall Sessions, minister vnto them a formall Oath for the due execution of their Office. Prouided alwayes, that at the humble petition of any Tribe, the Gouernor and Councell, if they so thinke good, may continue either one, or both of the Ouerseers of the former yeere, for the yeere also ensuing. Like course shall be held for the Ouerseers of the publike Land in all poynts. Pro­uided alwayes, and it is reserued to the power of the Company here, to place such Ouerseers there from time to time, as they shall please to elect and nomi­nate in any of their Quarter Courts.

[Page 61] 167 The dutie of these Ouerseers, is in their seuerall charges, to diuide with an euen and iust hand be­tween the owners and their Tenants, all the Tobac­co and other Commodities growing within their charge. And to the end that they may better inform themselues what Crop is like to bee receiued out of the whole Tribe, they shall, about 14. daies be­fore the vsuall time of gathering their Commodi­ties, generally suruay all the Ground so planted throughout, and diligently obserue what quantity each Tenant or Seruant hath planted; and the same register in a booke; a Coppie whereof, as like­wise of the Diuident, they shall send vnder their hands vnto the Company here. When the diuisi­on is made betweene the Owner of the Land and his Tenants or Seruants, as iustly both for quan­tity and quality as they can: They shall cast Lots vpon the Moities, and take that part for the Ow­ner which shall fall vnto him by Lot. Which done, they are likewise to haue faithfull care, that the Ow­ners part of such Goods as are fit, or shall be dire­cted to bee sent, bee duely packt vp sealed and conueied to the Ship, (vnlesse the Owner vnder his hand and Seale giue other direction,) to bee sent to the Company here, or as the Company shall direct. Other Goods vnfit to be sent by Sea, they shall dispose of as the Owners shall appoint. Pro­uided alwaies, that the Tobacco to bee diuided, be cured and made vp in best manner, before the said Diuision bee made. And concerning the To­bacco [Page 62] and other Commodities of the growth of the Ouerseers themselues, the same course shall be held, as well for diuision thereof betweene them and their Landlords; as also for disposing of the Landlords Moity in maner aforesaid. Saue that the diuision of the Tobacco, and Commodities of the one Ouerseer, shal be performed and perfited by the other reciprocally.

168. These Ouerseers also, in their seuerall charges, shall diligently enquire what Debts are owing by Tenants or Seruants, to their Landlords. To which end the Landlords shall acquaint the Ouer­seers, with the seuerall Contracts betwixt them and their Tenants or Seruants. All which hereafter, for the auoiding of fraud or quarrell, shall passe by In­denture. And the said Ouerseers, after the diuision once made, shall cause satisfaction of the Debts appearing to be due, to be made to the Landlords, before they deliuer the Moity due to the Tenants or Seruants: Prouided that there be alwaies meanes left of liuelihood and subsistance, to the Occupiers of the Land.

169. And to preuent all wrongs on either side, be­tweene Landlords and Tenants or Seruants: It is or­dered, that the Gouernor at euery Generall Sessi­ons, shall charge the Grand Iury, to enquire by all lawfull meanes of such defaults: and especial­ly to enquire if any fraud haue beene commited [Page 63] by the Tenants or Seruants, in concealing or se­cretly conueighing away any of the said profits to be diuided, before diuision of the same be made. And after presentment made, and tryall therof had, the Gouernor there shall cause a true and perfect Certificate thereof to be made vnto this Compa­ny, vnder the Iurors hands. And for the better dis­couerie of all such misdemeanors, It is ordered that all the Ouerseers in euery Parish, shall once euery Quarter meete together at their Parish Church, and warne euery Parishioner to be there: thereby to learn what presentments shalbe made of the said misdemeanors, or any other of the like nature; the better to prepare that generall information. And in case any such purloyning, imbezelling, deceit or fraud shall bee proued, and the Tenant or Seruant thereof found guilty, the person so offending, ei­ther presently, or so soone as he hath wherewith to doe it, besides restitution, shall bee compelled to pay one fourth part of all the Tobacco, or such like profits which he hath or shal haue growing the same yeere; to be seized vpon by the said Ouerseers in their seuerall charges: which fourth part being subdiuided into three parts; the one part shall be to the Landlord or Master of the said Tenant or Seruant, another part to the said Ouerseers, as an in­crease of their Salarie, and a third part to the Infor­mer or Informers. The like penaltie shalbe for any wrong done by the Landlord or Master to his Tenant or Seruant.

[Page 64] 170. It is the dutie also of the Ouerseers, to take vp all pettie controuersies, and to enforme the Go­uernour and Sheriffe of all matters of greater importance: To see the people diligently and dis­creetely to apply their businesse: To acquaint the Sheriffe from time to time, of the estate of each Tribe; what persons there are on each Owners Land: what bee their names, and what their in­deuours; and in what estate their Farmes doe lye, that the same may bee yeerely certified by the Sheriffe to the Company. They shall also haue care, that the seuerall Lands or Farmes be wel vsed, and occupied in husbandly manner by the seuerall Tenants and Seruants: That the houses be maintai­ned and kept in repaire: And that the Timber be preserued, according to the Orders concerning it.

171. The Ouerseers, in regard of their great care and paines, if they performe their dutie according to their Oath, shall haue two in the Hundred waight of all the Tobacco growing within their precincts, to be taken out of each Moitie at the diui­sion made as aforesaid.

Councell.

172. OVt of the Officers aforenamed, the Gouernor XXV shall haue a Councell to assist him, which shall bee ordinarily these: The Sheriffe, The two Ministers planted on the publike Land, The Secre­tary, Two Captaines of the chiefe Forts, & the first of the Ouerseers of the publike Land. Neuerthelesse at the Generall Sessions, and vpon other especiall and extaordinary occasion, there shall sit with the Gouernour, as being of the Councell, the other two Ministers, and the first of the two Ouerseers of euery Tribe. There shall bee also of the Coun­cell, all such as haue held the places of chiefe Go­uernours or Sheriffes of the said Summer-Ilands, and haue worthily for their times discharged their Offices, and not beene censured for misdemeanors, either by the Company here, or by such Com­missioners as shall bee sent from hence with such authority. Lastly, it is in the power here of a Quar­ter Court, to appoint any other particular person to be of the Councell there, whom they shall please to choose.

173. It shall not bee counted an Assembly of the Councell, vnlesse that foure of them, or three at least bee present, beside the Gouernour: and that [Page 66] without practice or purpose to exclude the rest.

174. It is the dutie of the Councel there, to be assisting to the Gouernour with their faithfull and carefull aduice, both for the strength and safegard of the said Ilands; and for the well Gouernement of the people: as also for the due administration of Iustice in all causes brought before them: and for the obseruance of all the Lawes and Orders deliue­red vnto them by authority from hence, and such o­ther particular Instructions as from time to time they shall receiue. To the performing of which du­tie, the Gouernour shall administer to euery of them, at his admittance to be of the said Councell, a formall Oath. And in all meetings of the said Councell, Resolutions and Iudgements shall passe by plurality of voices: Onely the Gouernor shall haue both two voices, and all so a casting voice in the said meetings.

175. The Gouernour, with the whole Councell, shall sit as Iudges or Iustices in the Generall Sessions. Wherein by agreement amongst themselues, they shall publish to the people what times they will hold for their ordinary hearing of causes and admi­nistration of Iustice, in all such matters as shal come or be brought before them: which times they shall not faile duly to obserue. Neuerthelesse, it shall be lawfull for the party grieued, to appeale from any sentence giuen by the said Gouernour and Coun­cell, to a more solemne triall at the next Gene­rall [Page 67] Sessions: Yet so, that hee put in good security, to pay double costs and charges to the party at va­riance with him, if the matter passe against him at the said Generall Sessions, be it either by the verdit of Iury, or by the iudgement of the Gouernour, and whole body of the Councell, as in cases of equity, and not tryable by Iury. The same Law shall be for all other appeales whatsoeuer.

176. The pleading of all causes both Ciuill and Cri­minall, shall be ore tenus, and plaine. The parties by themselues, or by their more able friends declaring and alleaging what they haue to say each for them­selues: And the Witnesses shall bee present, and heard viua voce, being first sworne. Onely the sen­tence shall be fully set downe in writing, and regi­stred in a Booke to be kept for that purpose.

Jnferiour Officers.

177. THe Gouernor and Councell shall, at their mee­ting XXVI at the General Sessions, chuse & appoint al other Inferior Officers, necessary either for the due and speedy administration of Iustice, or for other publike seruice in the said Summer-Ilands, whose sees shalbe such & no other, as shalbe rated & set downe by the General assembly from time to time. Which Generall Assembly may also at their pleasure, [Page 68] alter and reforme the said Officers and Offices; with reference alwaies to the pleasure of the Com­panie here, as is before expressed.

178. In like sort the Inhabitants of euery particular Tribe, as also of the publike Land, being assem­bled by the Ouerseers respectiuely, shall haue power to chuse such inferiour Officers, for the behoofe and seruice of the said Tribes and publike Lands respectiuely, as they shall finde necessary, with allowance of such Fees from the said Inhabitants, as they shall agree on: Which shall be subiect to the Confirmation or reforma­tion of the said Generall Assembly, in manner be­fore deliuered.

Commissioners.

179. XXVII THe Gouernour and Company here, by Order in a Quarter Court, shall once in three yeeres, if they thinke it so expedient, send or appoint Com­missioners for the said Summer-Ilands; Men fea­ring God, Men of grauity, wisedome, courage and integrity vncontrouled, to examine the actions, as well of the said Gouernour and Councell, as of all other Officers, or which in former times haue borne Office within the said Ilands: Who shall also haue power, according to the tenour of their [Page 69] Commission, to proceed to the censuring and re­forming of all Delinquents: and the said Commis­sioners, during the time of their Commission, shall be exempted from any Iurisdiction ouer them in the said Ilands: and of all their proceedings, they shal from thence, or at their returne, make due Cer­tificate to the Gouernour and Company here.

Inhabitants.

180. THe Inhabitants of the Summer-Ilands, shall du­ly XXVIII frequent the seruice of God, and thereat be­haue themselues with all decency and reuerence, vn­der a penalty to bee set downe by their generall Assembly. The Masters also of Families, shall by aid and direction of their Minister, see their chil­dren, Seruants, and other Cohabitants, brought vp in the true knowledge and feare of God, in the ha­tred also of vice, and exercise of piety and vertue.

181. They shall carry themselues loyally both in deeds and words towards the King, his Heires and Suc­cessors. They shall also behaue themselues reue­rently and dutifully, as well toward the Gouernour and Company here, as also toward the Gouernour and Councell there; vnder penalties to be set down by the generall Assembly. If any man suppose him­selfe to haue iust cause of grieuance, he shall not by [Page 70] mutinous speech raise discontent also in other man; but exhibite his Petition or Complaint to the Gouernour and Councell; who shall transmit the same to the Gouernour and Company here, from whom he shall receiue right and iustice without delay.

182. The Tenants or Seruants shall not by vnreuerent speech or writing abuse their Landlords or Ma­sters, vnder a penalty to be inflicted vpon them by a great and generall Court heere. But hee that hath cause of complaint, shall exhibite his Petition in manner aforesaid.

183. If any of the Company heere, by any sinister meanes seeke to oppresse or wrong any of the Inha­bitants there; after complaint made and prooued, either before the Gouernour and Company heere, or the Gouernour or Councell there, and certified hither, as the case shal require, besides the forfeiture aboue mentioned in the said Summer-Ilands, wher­of one third part shall be to the party grieued; hee shall be also seuerely proceeded against in a Quar­ter Court here.

184. If any man be a Common Swearer, or profane abuser of the Name of God, if after lawfull admo­nition by the Magistrate or Minister, he doe not re­forme himselfe, besides other due punishment, hee shall be declared infamous.

[Page 71] 185. If any man of vnquiet and contentious spirit, be a common raiser of quarrels or brabbles amongst neighbours; besides other penalties to be inflicted according to Law, he shall be condemned by the Gouernour and Councell to be a person infamous.

186. A person by lawfull Sentence condemned and declared to be infamous, shall, during the time hee so continueth, be vncapable of any Office of digni­ty or command: But in Offices ministeriall, and of toyle only and labour, he may, and shall be imploy­ed. He shall not sit or stand in the Church with the rest of the Congregation, but in a lower place apart by himselfe: and in all other Assemblies, he shall al­wayes sit or stand in the meanest place. His testimo­ny shall not be receiued in any cause or businesse. If he commit any crime, or breake any Law or Order, his punishment shall be double to that of another man in the like case. If he presume to doe any thing contrary to this Order, hee shall indure sixe dayes strait imprisonment for the same. And euery person declared to be infamous, shall so continue, till hee publikely declare his repentance and reformation at a generall Sessions; and thereupon be discharged from his infamy.

187. If any man being of an idle and vaine disposi­tion, forsake his labour, or other businesse, and thereby giue example to other men to doe the like: [Page 72] he shall be admonished thereof by the Sheriffe, or Ouerseer. If after admonition he persist in his idle course of life, he shall be declared infamous. But if the same person become also a wanderer or vagrant from the due place of his seruice: hee shall for the first time be onely admonished; but for euery of­fence after, he shal by order of the Sheriffe or Ouer­seers, be scourged on the naked backe at the whip­ping post, as a Rogue; and the entertainers and re­lieuers of euery such wandring person, or of any Fugitiue from the businesse of his lawfull Land­lord or Master, shall for euery time or day of such entertainment, forfeit ten pounds of Tobacco, or to the valew thereof: whereof the one Moity shall be to the vse of the Landlord or Master so wronged, and the other Moity shall be to the vse of the pub­like workes of the Plantation.

188. If any man be a Drunkard, or a common haun­ter of Tippling-houses; if after admonition he doe not reforme himselfe, besides other due penalties, he shall be declared infamous. And the Gouernour and Councell shall in their generall Sessions, from time to time, take especiall care for limiting the number, and reforming the abuses of all Hosteries, Tauernes, or Drinking-houses, of what kind soeuer.

189. If any man be a common spender of his time in dicing and carding, or other vaine or vnlawfull ga­ming; or vse the same [...] times vnseasonable; hee shall be declared infamous.

[Page 73] 190. Whosoeuer shall in brauery of apparell exceed his degree; if after admonition he doe not reforme the same, he shall in all publike burthens beare the double to any other.

191. The Sheriffe and Ouerseers of Tribes, shall take diligent notice also of such persons, as by their or­derly and industrious course of life, giue good ex­ample vnto those amongst whom they liue: where­of, and of their other good parts and abilities, they shall giue information to the Gouernor and Coun­cell from time to time, who vpon that, and such o­ther information as they shall take, shall aduertize in like sort the Gouernour and Company heere of the men of best quality, good carriage and suffici­ency in the said Summer-Ilands: that the Company may accordingly preferre, or otherwise reward per­sons of good sufficiency and well-deseruing.

192. No Tenant or Seruant, set out and furnished by any Owner of Land according to their mutuall agreement, shall, during the terme contracted for betweene them, shift his Master or Landlord, or oc­cupie any other mans Land, or come away from the said Ilands, without his Landlords or Masters consent in writing vnder his hand and seale.

193. Whosoeuer shall by any perswasion whatsoeuer, [Page 74] intice or withdraw the Tenants or Seruants of any Owner of Land, to forsake the occupying of the said Owners Land, shall forfeit the one Moity of all his part of Tobacco, or other profits growing in that yeere; whereof two third parts shall be to the Owner of the said Land, and a third to the Infor­mer. But if any man shall seeke to draw away any of the Tenants of the publike Lands; hee shall forfeit the double of the foresaid forfeiture, to bee leuied part in that yeere, part in the yere ensuing. Of which forfeitures, two thirds shall bee to the vse of the Company, and one third to the Informer. And the Tenant or Seruant so inticed or withdrawne, or withdrawing himselfe, shall be immediately retur­ned to the said Owners or publike Land, as the case shall require.

194. No Tenant or Seruant shall alienate, lend, or let to hire any Apprentice or Seruant, prouided, sent, or contracted for by the Landlord, or Master, to be placed and imployed vpon his owne Land, with­out leaue first obtained from the Owner of the said Land, in writing vnder his hand and Seale. The Of­fender shal forfeit one hundred pound of Tobacco, and in want of Tobacco, other goods to the like proportionable valew, to be leuied to the vse of the said Owner or Landlord: and the said alienation, hiring, or lending out, shall be vtterly voyd: and the said Apprentice or Seruant shall bee returned to his first place, imployment, and seruice.

[Page 75] 195. If any Tenant or Seruant, being sent ouer to the Summer-Ilands by his Landlord or Master, to be im­ployed vpon his Land there, shall afterward betake himselfe to some handicraft trade, or other course of life, and either in whole, or in great part neglect the occupying of his said Landlord or Masters Land: he shall pay vnto his said Landlord or Ma­ster, during the time of the Contract with him, the Moity as well of all the profits by his other ear­nings, as of the profits of the said Land which hee shall occupy, to be rated, assessed, and leuied by such waies and meanes as shall be set downe in the gene­rall Assembly.

196. If any man marry the Maid-seruant of any Ow­ner of Land, or the Widow of any of his Tenants or Seruants sent ouer to inhabite vpon his Land there; he shall by the Gouernour and Councell, pay to the said Owner, the ratable part of furnishing out, and transporting the said Maid-seruant or Wi­dow, consideration being had to the time that shee hath serued her Master, or the owner there.

197. It shall not be lawfull for Tenants or Seruants to abuse the Owners Land on which they are placed: but they shall vse it in an orderly & husbandly man­ner, according to the Owners directions, or accor­ding to such directions as they shall receiue, either [Page 76] from the Gouernour and Councell, or from the Sheriffe and Ouerseers in their seuerall charges: who shall take the well-vsing of the Lands in the Summer-Ilands into speciall consideration. The Transgressor, after admonition and direction, shall forfeit the one Moity of his profits for that yere, to the vse of the Owner of the Land abused.

198. The making and repairing of the Forts, also of Bridges, and Highwayes, and the preseruing of the bounds of euery mans Land, shall be performed in such sort, and by such meanes as the generall Assem­bly shall appoynt.

199. The Gouernour and Councell shall take into consideration the building of houses in the said Ilands, and giue order that they may bee strongly and durably built; and being built, that they be wel maintained and kept in repaire. The execution of which order, and Suruey of the said buildings, shall be committed by them to the charge of the Sheriffe and Ouerseers, or such other as they shall thinke meet to appoynt. The violater of this Order shall be censured and punished at the discretion of the Gouernour and Councel, at their next general Ses­sions.

200. No kind of Timber-wood growing in the said Ilands, shall be vsed for firewood, vnder the penalty to be set downe in the generall Assembly, ouer and [Page 77] aboue the double valew thereof to be forfeited to the Owner of that Land.

201. No Tenant or Seruant shall cut down any Tim­ber trees, but vpon a Suruey and setting out thereof by the Ouerseers respectiuely: which Timber so cut downe, shall be laid vp and preserued for the buil­ding of houses, and other necessary vses with the Owners consent. The transgressor of this Order shall be amerced at the discretion of the Gouernor and Councell; whereof the one Moity shall bee to the Owner of that Land, and the other to the publike seruices of the Plantation.

202. The Timber of the Land of one Owner, shall not be carryed from thence to the Land of any other, or to the vse of any other person, without the Ow­ners consent vnder his hand and Seale, vnder paine of the double valew, to be forfeited to the Owner, and leuied to his vse. But if necessity require, that the Timber growing vpon any priuate mans Land, be taken for publike vse of the Company and Co­lony; the Owner shall be paid for the same by the Company or Colony, according to a true estimate by an indifferent Iury.

203. The Inhabitants shall not liue too much scat­tered or single one from another, but draw them­selues to fiue in a Family at the least, where it may conueniently be, so to eate, and worke together.

[Page 78] 204. Neither shall they wholly apply themselues to the planting of Tobacco; but rather to other more stabile and solid Commodities, as the Gouernour and Councell by directions from hence, or as the generall Assembly shall appoynt.

205. All bad, rotten, and otherwise vnwholesome or vnmarchantable Tobacco, being tryed by order in­acted in their generall Assembly, shall be publikely burnt, vnder such penalties for concealing of the said bad Tobacco, or neglecting to put the said Or­der in due execution, as by the said generall Assem­bly shall be set downe. And if the badnesse of the said Tobacco, haue happened meerly by the negli­gence or other default of the maker thereof: hee shall bee bound to continew in occupying of the Land where the said Tobacco did grow, one whole yeere longer then his contract with his Landlord; and so toties quoties, in recompence of the said Land­lords losse vndeseruedly sustained.

206. It is ordered that euery Tribe, at the common charge thereof, shall build a sufficient Storehouse with two roomes; the one for keeping Corne, the other for their Armes: and that each man be pro­uided of one Sword and Peece at the least: and that all Peeces be of two sorts, Calliuers, and Mus­kets; and of one kind of bore, to auoid confusion by [Page 79] diuersity of moulds and bullets. And the Inhabi­tants of euery Tribe being assembled by the Ouer­seers, shall agree amongst themselues for the safe and cleane keeping both of the said Corne and Ar­mour; that the one may bee sweet, and the other bright and seruiceable. In defect whereof, the Go­uernour and Councell shall set downe a certaine Order for the same; which the Sheriffe shall see put in due execution.

207. It is likewise ordered, that for the preuenting of dearth, each Family sowe or plant a conuenient quantity of Corne, according to the proportion that the generall Assembly shall set downe. Of which Corne, a certaine quantity (to be rated like­wise by the said generall Assembly) shall at euery Haruest, being well conditioned, bee brought into the publike Stores before mentioned: which at the Haruest of the next yeere shall bee faithfully deli­uered out to the true Owners therof, at their bring­ing in of new Corne of like quantity to the same. Prouided alwayes, that in case of generall scarcity, the Corne in the said Store-houses may bee deliue­red out to the Deliuerers in thereof, before the time of Haruest; or to others that shall bee prest with greater need, satisfying the Owners according to the true valew thereof. The penalties for neglect or breach of this order, are likewise referred to the generall Assembly.

[Page 80] 208. Whereas by reason of diuers vncertainties and difficulties, through the great remotenesse of the Summer-Ilands, the particularities of sundry mat­ters mentioned in these Lawes, are referred to such further Orders, prouisions and penalties, as by the generall assembly to be held in the said Ilands, shall be thought iust and expedient: It is therefore or­dered, that the Gouernour of the Summer-Ilands which shall bee sent thither next, doe within one halfe yeere after his arriuall there, hold a generall Assembly: and that therein, according to the trust reposed in him and them, they doe, with graue and mature deliberation proceed to the setting downe of the orders and penalties here referred to them: and thereof, together with the rest of their pro­ceedings, make a full and authenticall Certificate to the Company, to receiue their approbation, or reformation, as there shall cause appeare.

Trade.

209. XXIX IT shall be free for all the members of this Com­pany, to trade into the Summer-Ilands with the Colony there, by Commission from the Gouer­nour and Company here; which shall be denyed to no man: and according to such Orders as the Com­pany shall finde expedient for behoofe of the Co­lony. [Page 81] Prouided notwithstanding, that if any man be found by himselfe, his Factors or Agents, to vse any fraudulent or oppressiue course to the wrong either of the Inhabitants there, or of the Owners of the Land: in that case the Company shall inhibite the party so offending, whether by himselfe, or by his Factors, or Agents, from trading to the said Ilands, during the space of fiue yeeres then next en­suing; and vnder such penalty as shall be set downe in a great and generall Court. And for the better discouery of all fraud and oppression, the Cope-Marchant or Factor for euery publike ioynt-stocke or Magazine, shall keepe a true Booke of the sale of all the Commodities then sent and transported to the Summer-Ilands; expressing both to what per­sons, as also in what quantities, and at what prices they shall haue bin sold: which Booke shall be pre­sented to the view and consideration of a gene­rall Court.

210. If in any ioynt-stocke for a Magazine to be here­after erected, the Generall Company, out of their common Cash beare part as an Aduenturer: they shall ratably partake like profit, and vndergoe like losse, with other Aduenturers: and any Order to the contrary shall be void. In which case also the Court shal appoint the meetings for the Magazine!

211. The Gouernour and Company heere, as also the Gouernour and Councell residing in the Summer-Ilands, [Page 82] shall from time to time haue especiall care, that as well the Passengers to and fro, as also the In­habitants in the Summer-Ilands maintaine friend­ship and good correspondence with all other Na­tions being in league or amity with his Maiesty, and the Crowne of England; and that they forbeare all hostile or iniurious acts or attempts against them, or any of them, in their persons, Possessions, Lands, Goods, or businesse, vpon penalty to be pro­ceeded against as Malefactors in the highest na­ture, and disturbers of the generall peace establi­shed by his Maiesty.

Land in Virginia.

212. XXX WHereas the Company for Virginia, in consi­deration of the great defect of the quantity of Land in the Summer-Ilands, conceiued to haue been at the time of the sale thereof to this Com­pany, and to make recompence for the same, haue ordered in one of their great and generall Courts, that there shall bee granted by them, and vnder their Legall Seale, a large proportion of Land in Virginia, to be and continue to the Company of the said Summer-Ilands, and the members thereof for euer, for the better support of the said Compa­ny, and of the Inhabitants of the said Ilands: It is therefore ordered, that a select Committie bee forthwith appoynted, as well to pursue the perfect­ing [Page 83] of the said Grant; as also to take into carefull consideration, how the planting and peopling of the said Land in Virginia, may bee proceeded with in most effectuall sort, and without delay, and as may be most for the support of the said Summer-Ilands: which Committy shall from time to time reduce into writing, and present to the Courts, their proceedings therein: so to receiue resolution and fur­ther direction.