Dinsmore Documentation  presents  Classics of American Colonial History

Author: Greene, Evarts Boutell
Title: The Provincial Governor in the English Colonies of North America
Citation: Cambridge, Mass.: Harvard University Press, 1898
Subdivision:Appendix A 1
HTML by Dinsmore Documentation * Added January 24, 2003
<—Chapter XI   Table of Contents   Appendix A 2—>

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APPENDICES.


APPENDIX A.

REPRESENTATIVE COMMISSIONS AND INSTRUCTIONS.

1. COMMISSION TO SIR THOMAS WEST, LORD LA WARR, AS GOVERNOR OF VIRGINIA, 1610

[From Whitelocke Papers, vol. i. No. 38; printed in Alexander Brown, Genesis of the United States, i. 375.]*

THE COPPIE OF THE COMMISSION GRANTED TO THE RIGHT HONORABLE SIR THOMAS WEST, KNIGHT, LORD LA WARR.

To all unto whome theis presents shall come, We the Lords and others of his Majesties Councell for the Company of Adventurers and Planters of the first Collonie in Virginia, resident in England, and We the Treasurer and Companie of the said Adventurers do send greeting in our Lord God Everlasting.—

     Whereas the King’s most royall Majesty, that now is, by his Highnes Letters Pattents under the Great Seale of England, bearing date at Westminster the three and twentith day of May now last past, before the date of these presents, hath given unto us his Majesties said Councell full power and authority as well at this present tyme as hereafter from tyme to tyme, to nominate make constitute ordaine and confirme by such name or names, stile or stiles as to us his Majesties said Councell shall seeme good, and likewise to revoke discharge, change and alter all and singular Governors, Officers, and ministers, which have been made, as also, which should be by us his Majesties said Councell there after thought fill and needfull to be made and used for the Government of the said Collonie and Plantation, and the same at all tymes thereafter

     * Reprinted by permission of the author and Messrs. Houghton, Mifflin and Company.


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to abrogate, revoke or change, not only within the precincts of the said Collonie but also upon the seas in going and coming to and from the said Collonie, as we the said Councell in our discretions shall thinke to be fittest for the good of the Adventurers and Inhabitants there.

     And Whereas his Majestic by his said Letters Pattents hath declared that for divers reasons and considerations him thereunto especially moveing, his will and pleasure is, and by his said letters patents he hath ordained, that immediately from and after such tyme that any Governor, or principall Officer so to be nominated by us his Majesties said Councell for the government of the said Collonie aforesaid, shall arrive in Virginia and give notice unto the Collonie there resident of his Majesties pleasure in this behalf, the Government, power and authoritie of the President and Councell then to be there established and all Laws and Constitutions by them formerly made shall utterlie cease and be determined, and all officers, Governors and ministers formerlie constituted or apointed shalbe discharged anything in any of his Majesties Letters Pattents concerning the said Plantation contained in anywise to the contrary notwithstanding.

     And Whereas, also his said Majestie by his said Letters Pattents hath ordained and graunted that such Governers, officers and ministers as by us his Majesties said Councell shall be constituted and apointed, according to the natures and limitts of their severall offices and place respectivelie should and might from tyme to tyme forever thereafter, within the precincts of Virginia or in the way by the sea thither and from thence, have full and absolute power and authoritie to correct, punish, pardone, governe and Rule, all such the subjects of his Majestie, his heirs and successors in any voyage thither, or that should at any tyme there inhabite in the precincts and Territorie of the said Collonie, as is aforesaid, according to such ordinances, orders, directions, constitutions and Instructions, as by us his Majesties said Councell for the tyme being shalbe established, and in defect thereof in case of necessitie according to the good discretions of the said Governors and Officers respectively, as well in cases Capitall and Criminall as civil, both Marine and others, so allwaies as the said statutes, ordinances and proceedings as neere as convenientlie maybe, be agreeable to the Laws, Statutes, Government and Policie of this his Majesties Realme of England.

     And Whereas likewise his said Majestie hath by his said Letters Pattents, graunted, declared and ordained that such principall Governors as from tyme to tyme should dulie and lawfullie be authorized and appointed in manner and forme as by the said Letters Pattents be expressed, should


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in cases of Rebellion and Muteny have power and authoritie to use and exercise Marshall Law in as large and ample manner and forme as his Majesties Lieftenants in his highnes counties within the Realme of England, have or ought to have, by force of their Commissions of Lieftenancie, as in and by the said Letters Pattents amongst other things in them contained more at large doth and may apeare. Now KNOW YEE that We his Majesties said Councell upon good advise and deliberation and upon notice had of the Wisedome, valour, circumspection, and of the virtue and especiall suffrciencie of the Right Honourable Sir Thomas West, Knight Lord La Warr to be in principall place of authoritie and Government in the said Collonie, and fording in him the said Lord La Warr propensness and willingness to further and advance the good of the said Plantation, by virtue of the said authoritie unto us given by the said Letters Pattents have nominated, made, ordained and apointed and by these presents do nominate make ordaine and apointe the said Sir Thomas West, Knight Lord La Warr to be principall Governor, Commander and Captain Generall both by Land and Sea over the said Collonie and all other Collonies planted or to be planted in Virginia or within the limitts specified in his Majesties said Letters Pattents and over all persons, Admiralls Vice-Admiralls and other Officers and Commanders whether by sea or land of what quallitie soever for and during the term of his natural life, and do hereby ordaine and declare that he the said Lord La Warr during his life shall be stiled and called by the name and title of Lord Governor and Captain General of Virginia and of the Collonie and Collonies there now planted or to be planted, and do by these presents revoke and change all and all manner of former constitutions, ordinances, apointments and authorities by us his Majesties said Councell or any of us given, made, nominated, constituted ordained or apointed to any to be President, Chief Governor or principal Officer in Virginia aforesaid or to use or exercise the authority jurisdictions or offices herein limitted graunted or apointed or mentioned to be graunted or apointed to the said Lord La Warr and of and from the same and everie of them do hereby discharge all and everie persone and persones heretofore authorized, nominated or apointed to use execute or exercise the same or any of them and that the said Lord La Warr, Lord Governor and Captain Generall as is aforesaid in all cases of Rebellion and Mutenie happening or which shall happen, either within the precincts of Virginia limited or specified in his Majesties said Letters Pattents or in the present intended passage and expedition thither, shall have such power and authoritie to use, exercise and put in execution


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Marshall Law as in the said Letters Pattents is mentioned, and upon all other cases as well Capitall as Criminall and upon all other accidents and occasions there happening, to rule, punish, pardone and governe according to such directions orders and instructions as by his Majesties said Councell, or the greater part thereof here resident in England shall from tyme to tyme, be in that behalf made and given with the consent of Henrie Earle of Southampton, William Earl of Pembroke, Philip Earle of Mountgomerie, Robert Lord Viscount Lisle, Theophilus Lord Howard of Walden, Edmond Lord Sheffield and George Lord Carew, or any two of them, and in defect of such informations he the said Lord Governor and Captain Generall shall and may rule and governe by his owne discretion or by such lawes for the present government as he with such councell as he shall take unto him, or as he the said Lord Governor and Captain Generall shall think fitt to make and establish for the advancement of the publique weale and good of the said Collonie with as full and absolute power authority and commund as either we by virtue of his Majesties said Letters Pattents have power to derive and graunt to him or as he the said Lord Governor and Captain Generall by his Majesties said Letters Pattents in any sort is authorized to use and exercise.

     AND FURTHER KNOW YEE that we his Majesties said Councell by these presents as much as in us Beth do give and graunt full power and authoritie to the said Lord Governor and Captain Generall, of his free will and pleasure to call unto his assistance and to choose for Councellors such and so many persons of the said Collonie now planted in Virginia or hereafter to be planted there as he shall think fitt and meete, and to displace such from being Councellors whose demerit he shall conceive to give cause thereof. And likewise to place for Councellors and Officers such persons as he from tyme to tyme during his government there shall think fitt. And also at all tymes at his will and pleasure, to discharge, displace and put from the execution of all, every or any such Officer or Officers as he shall think meete, such personns as now be there in office, or which shall hereafter be in any office in the said Collonie now planted or hereafter to be planted in Virginia during his life as he the said Lord Governor and Captain Generall shall deeme worthie to be displaced or put from any such his office or place, which any such person doth or shall so hould: The Office of Lieftennant Governor, Marshall, Admirall and Vice-Admirall, and all governors of Provinces and Townes which shalbe made or constituted by us, the said Councell resident here in England, allwaies excepted, which said officers


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and governors so excepted, it shall and may nevertheles be lawfull to and for the said Lord Governor and Captain Generall to suspend and put from the execution of all and everie their said office and offices and governments, and others in their places, offices and governments to constitute and apoint at his pleasure, untill further order shalbe therein taken by us his Majesties said Councell resident here in England. And in like manner we his Majesties said Councell, Treasurer and Companie do by these presents as much as in us lieth, give and graunte full power and authoritie to the said Lord Governor and Captain Generall at his will and pleasure from tyme to tyme, and at all tymes hereafter during his life, by or with any office or place in Virginia aforesaid, for increase of any man’s person, by bill of adventure for land, onelie not to exceede a four fould proportion of the first rate of his adventure, or of the Office which he shall beare, unless the same be by expresse consent of the said Councell and Companie, here resident, of Virginia and under their Seale, to reward and recompense the good and well deservinge of any person or personns what soever under his Government according as he the said Lord Governor and Captain Generall shall in his wisedome and discretion think such persons to have merited and deserved. To have, hould, use and exercise the stile and title of Lord Governor and Captain Generall of Virginia and all other the jurisdictions, powers and authorities aforesaid, to him the said Sir Thomas West, Knight, Lord La Warr, for and during the tearme of his naturall life, without any revocation or restraint by us the said Councell or any of us in any wise to be made otherwise than before is excepted:—

     AND KNOW YEE further that we his Majesties said Councell have made, ordained and constituted and by these presents do make, ordaine and constitute the said Lord La Warr, Admirall of the whole Fleete of such shipps and other vessels as are apointed and by the Grace of God shall be imploied and passe in this present intended expedition to Virginia aforesaid, giving him the said Lord La Warr full power and authoritie to exercise and put in execution in all cases and upon all occasions and accidents, upon all persons passing in the said Fleete full and absolute power, authoritie and command in this behalf as by his Majesties Letters Pattents we or any of us, have power to derive and graunt unto him: And for the more securitie and safetie as well of the said Fleete in their present passage as of the said Collonie and Plantation We his Majesties said Councell by virtue of the authoritie unto us in this behalf given or graunted Do hereby give full power and authoritie to the said Lord La Warr, at all tymes during his naturall life, to encounter,


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expulse, repell and resist by force of Arms, and by all wayes and meanes whatsoever, all manner of persons that shall at any time either by sea or land, enterprise or attempt the destruction, invasion, hurt, detriment or anoyance of the said Fleete, Collonies, or Plantation. We also hereby and in his Majesties name strictlie command and require, all and everie person and persons now inhabiting or which shall hereafter inhabite within the precincts of the said Collonie, and which shall passe in the said Fleete thitherward, in all things and upon all occasions, to yield unto the said Lord Governor and Captain Generall all due honour and respect, and dulie and willinglie to obey and execute the directions and commands of the said Lord Governor and Captain Generall according to the authoritie to him limited and given, as also to be unto him upon all occasions, to their powers and habilities, aiding and assisting, as they will to their utmost perills answere the contrary.

     AND LASTLIE We his Majesties said Councell for us, and We the said Treasurer and Companie respectivelie, by these presents as much as in us or any of us lieth or shalbe, do respectivelie promise and graunt to the said Lord La Warr, Lord Governor and Captain Generall of Virginia, that if it shall hereafter apeare to his Lordship that it shall be meet for him to have any other Articles or Clauses to authorise him more then in these premises is mentioned, to rule, governe, do or execute any Act or Acts, thing or things, which may tend to the furtherance or benefite of the said Collonies or Plantations, or the good government thereof, or the rewarding of any persons as aforesaid, that then upon notice thereof and request made by or from his Lordship: to us the said Councell, Treasurer and Companie, and the successors of us the said Councell, Treasurer and Companie, for the tyme being, We his Majesties said Councell, Treasurer and Companie for the tyme being, shall and will, from time to tyme do our utmost Indeavour and as much as in us or any of us lieth, by graunt or otherwise to enlarge the same and to satisfie his Lordships reasonable desire therein. And lastlie, we his Majesties said Councell do condescend and agree, to and with the said Sir Thomas West, Knight, Lord La Warr, that in cases of necessitie, or upon any other occasion which shall happen, he may withdraw himself from being resident with or in the said Collonie or Collonies in Virginia and that it shall and may be lawfull to and for him the said Lord La Warr, to nominate, make, constitute, depute and apoint, such person or persons as he shall think meet to be his Deputie or Deputies and Lieftennant Governor in his absence to rule and governe the said Collonie and Collonies in Virginia, for, by and during the space of one whole


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year next after the said Lord La Warr his being absent from the Collonie and his deputing of any person or personns so to be by his Lordship constituted, deputed or apointed, for no longer tyme, unlesse authoritie and further warrant therein shalbe given unto such deputie and deputies by and from us his Majesties said Councell, under our Councell Seale and sent to him as a warrant for his or their continueing Deputie or Deputies or Lieftennant Governor over the said Collonie or Collonies: which Deputie or Deputies so to be made, constituted or apointed by the said Lord La Warr for the space of such whole yere as aforesaid shalbe in the absence of the said Lord La Warr Governor of the said Collonie or Collonies, and shall have such power and authoritie by and with all our consents, agreements and apointments to do and execute all things touching the said Government, as the said Lord La Warr shall unto such Deputie or Deputies, assigne, limitt and appoint.

     In wittness wherof we his Majesties said Councell, apointed by his Majesties Letters Pattents, for so much in these presents as concerneth us and our graunt herein mentioned, by mutuall consent and agreement have sett hereunto our hands and the Seale of us the said Councell: And likewise We the said Treasurer and Company for so much in these presents as concerneth us and our graunts herein mentioned, by mutuall consent and agreement have hereunto sett the seale of Our Corporation.

     Given at his Majesties cittie of London aforesaid the 28th day of February in the 7th yere of his Majesties raigne of England, France and Ireland and of Scotland the 43.

SOUTHAMPTON.PEMBROKE.
PHILIP, MOUNTGOMERIE.  THEOPHILUS HOWARD.
EDWARD CECILL.WILLIAM WAAD.
WALTER COPE.EDWARD CONOWAY.
THOMAS SMITH.BAPTIST HICKS.
DUDLIE DIGGS,ROBART MANSILL.
CHRISTOPHER BROOK.WILLIAM ROMNEY.


<—Chapter XI   Table of Contents   Appendix A 2—>

Dinsmore Documentation  presents  Classics of American Colonial History