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 2
HTML by Dinsmore Documentation * Added January 24, 2003
<—Appendix A 1   Table of Contents   Appendix A 3—>

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2. COMMISSION TO SIR WILLIAM BERKELEY AS GOVERNOR OF VIRGINIA, 1641.

[From Rymer, Fœdera, xx. 484.]

     De Constitutione Gubernatoris & Concilii pro Virginia.

     Charles, by the Grace of God, King of England, Scotland, France and Ireland, Defender of the Faith, &c.

     To our trusty and welbeloved,

     Sir William Berkeley Knight, one of the Gentlemen of our Privy Chamber,

     Sir Francis Wyat Knight,

     John West Esquire,

     Richard Kempe Esquire,

     Samuel Matthews Esquire,

     Nathaniel Littleton Esquire,

     Christopher Wormely Esquire,

     William Pierce Esquire,

     Roger Windgate Esquire,

     John Hopson Esquire,

     Thomas Pawlet Esquire,

     George Minify Esquire,

     Henry Brown Esquire,

     William Brocas Esquire,

     Argol Yardley Esquire,

     Thomas Pettus Esquire,

     Thomas Willoughby Esquire,

     Richard Bennet Esquire,

     And Humfrey Higgeson Esquire, Greeting.

     Whereas, by our Letters Patents under our Great Seal of England, bearing date the eleventh day of January, in the fourteenth year of our Reign, for the better maintenance and government of the Colony and Plantation in Virginia, [we] did nominate and appoint the said Sir Francis Wyatt Knight, to be the then present Governor thereof, and such other persons, as We in and by Instructions under our Sign Manual, had then named and assigned, or thenafter should name and assign, to be the then present Counsel, of and for the said Colony and Plantation of Virginia; Granting unto him or them, and the greater number of them, full power and authority to perform and execute the Places, Powers and Authorities, incident to a Governor and Counsel of Virginia respectively,


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as by the same Letters Patents of Commission, more at large may appear; Which said Commission and all Places, Powers and Authorities, Matters and Things thereby granted or mentioned to be granted, We do to all Intents and Purposes, fully and absolutely revoke, determine and make void by these Presents; Nevertheless; We being willing to give all encouragement to that Plantation, and minding that our Colony and People there, should be regulated as well in Ecclesiastical as Temporal Government, according to the Laws and Statutes of our Realm of England, which We purpose to have established there, and being resolved not to impeach or hinder, but to promote and advance the particular Interests of such of the Planters there, as shall conform themselves as loyal Subjects, in all due Obedience to our Government, and to discourage such, as shall be found Disturbers of the Peace and Impugners of the said Colony.

     Know ye therefore, that We for the effecting of the Premisses, and the better ordering, governing and managing, of the Affairs of the said Colony and Plantation in Virginia, and of the Persons now inhabiting, and which shall hereafter inhabit there, until We shall find some more convenient means, upon mature Advice, to give more ample Directions for the same; And reposing assured Trust and Confidence, in the Understanding, Care, Fidelity, Experience and Circumspection, of you the said

     Sir William Berkeley,

     Sir Francis Wyatt,

     John West,

     Richard Kemp,

     Samuel Matthews,

     Nathaniel Littleton,

     Christopher Wormley,

     William Pierce,

     Roger Windgate,

     John Hopson,

     Thomas Faulet,

     George Minify,

     Henry Brown,

     William Brocas,

     Argot Yardly,

     Thomas Pettus,

     Thomas Willoughby,

     Richard Bennet,

     And Humfrey Higgeson,


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Have nominated and assigned, and by these Presents do nominate and assign you the said Sir William Berkeley, to be the present Governor, and you the said Sir Francis Wyatt, John West, Richard Kemp, Samuel Matthews, Nathaniel Littleton, Christopher Wormeley, William Peirce, Roger Windgate, John Hopson, Thomas Paulet, George Minify, Henry Brown, William Brocas, Argol Yardley, Thomas Pettus, Thomas Willoughby, Richard Bennet, and Humfrey Higgeson, to be the present Counsel of and for the said Colony and Plantation in Virginia, giving, and by these Presents granting unto you and them, and the greater number of you and them respectively, full Power and Authority, to perform and execute the Places, Powers, and Authorities, incident to a Governor and Counsel of Virginia respectively, and to direct and govern, correct and punish our Subjects, now inhabiting or being, or which hereafter shall inhabit or be in Virginia, or in the Isles, Ports, Havens, Creeks or Territories thereof, either in time of Peace or War, and to order and direct the Affairs, touching or concerning that Colony or Plantation, in those Foreign Parts only, and to execute and perform all and every other matters and things, concerning that Plantation, as fully and amply, as any other Governor and Counsel resident there, at any time, within the space of ten Years now last past, had or might perform or execute.

     And because, by the experience of industrious and well-experienced Men, the limits and bounds of the said Plantation may be augmented, and Trade and Commerce, for the maintenance and enriching of the Inhabitants there, from time to time residing, much advanced; Our will and pleasure is, and We do by these Presents give and grant unto you the said Sir William Berkeley, and the rest of you our said Counsel beforementioned, or any four or more of you, (whereof the Governor for the time being to be always one) full Power and Authority, to grant one or more Commission or Commissions, unto any of our Subjects, addressing themselves unto our said Governor and Counsel, for the discovery of the same Country and Ports, Bounds, Limits and Extents thereof; And also for the finding out, what Trades shall be most necessary to be undertaken, for the benefit and advantage of the said Colony and Plantation, and the good of the People inhabiting, or which shall inhabit there, both by Sea and Land; And further, upon all occasions as you or any four or more of you (whereof you the Governor for the time being to be always one) shall see fit, to send out Forces, for the subduing of the Indians and Savages of the said Country; And likewise to make War and Peace with them, in all such cases as may stand with the safety of the said Colony and our Honour, keeping always sufficient Forces for the holding of the places now enjoyed.


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     And if it shall happen, you the said Sir William Berkley to die, or in case of your urgent occasions (allowed by four or more of our said Counsel there) shall call you thence at any time, then our Will and Pleasure is, and We do hereby give and grant to you the said Sir William Berkeley, and the rest of the Commissioners before named, or the greater number of you, full Power and Authority, upon the Death or in the absence of you the said Sir William Berkeley, to elect, nominate and assign one of our said Counsel, to be the present Governor for the said Colony and Plantation in Virginia, and so to do from time to time, as often as the case shall require; And We do by these Presents assign and appoint, such Person, as by you our said Counsel or the greater number of you, from time to time shall be elected and chosen to be the present Governor, and the said Governor and the rest of our Commissioners, to be our present Counsel for the said Colony or Plantation for Virginia; Giving and by these Presents granting unto you, and the greater number of you respectively, full Power and Authority, to execute and perform the Places, Powers and Authorities, of a Governor and Counsel of Virginia respectively, in manner and form aforesaid; Nevertheless our Will and Pleasure is, that you and every of you, from time to time proceed, according to such instructions as you or they, do now or hereafter shall receive from us, or the Lords and others of our Privy Council here; And that you, our said Governor and Counsel there for the time being, shall be from time to time subordinate, subject and obedient, to the Lords Commissioners and Committees here for our Plantations, for the time being, touching the present Government of that Plantation, and according to such Orders and Directions, as they from time to time shall conceive and set down.

     Provided always, and our express Will, Pleasure and Commandment is, and We do hereby give full Power and Authority unto you the said Sir William Berkeley, and such other Person as shall be Governor there, for the time being, according to the true intent of these Presents, and our intention herein before declared, that upon the death or discontinuance of any one of our Counsel there, you the said Sir William Berkeley, and such other Person as shall be Governor there, and our Counsel there for the time being, or the greater part of them, shall elect, nominate and appoint, such other sufficient, able and discreet Person or Persons, in the room or place of him or them so dying or discontinuing, during the continuance of this our present Commission; And that you shall from time to time, return and certify the Names and Qualities of such Person or Persons, so by you to be nominated and appointed, in the


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room of such of our Counsel, there dying or discontinuing as aforesaid, unto Us and the Lords and others our Commissioners for Plantations here, to the end, such Person or Persons to be by you and them so elected, nominated and appointed, in manner aforesaid, may receive allowance or disallowance, of such their election or choice, in the room of such of our Counsel there, as shall either die or discontinue, as there shall be cause, or to us or our said Commissioners for Plantations here, shall seem meet.

     And our further Will and Pleasure is, That you the said Sir William Berkeley and Richard Kemp, before you or either of you depart out of this our Kingdom of England, shall take such Oaths, before the Lord-Keeper, Lord Privy Seal or either of them, for this our Kingdom, as the Governor and Counsel for the said Plantation and Colony, have heretofore taken, and after such Oaths, by you the said Sir William Berkeley and Richard Kemp so taken as aforesaid, We do hereby charge and command you, to administer unto the said Sir Francis Wyatt Knight, John West, Samuel Matthews, NathanielLittleton, Christopher Wormeley, William Peirs, Roger Windgate, John Hopton, Thomas Paulet, George Minify, Henry Brown, William Brocas, Argal Yardley, Thomas Pettus, Thomas Willoughby, Richard Bennet, and Humfrey Higgeson, and every of them, the like Oath upon the Holy Evangelist, as you or either of you have already taken, as Counsellor, of or for the said Colony or Plantation; Willing and requiring you and them, to be diligent and attendant in the execution of this our Service and Commandment, and also requiring all our loving Subjects there, to be directed and governed by you, or the greater number, of you and them our Commissioners aforesaid, in all things, according to the intention and true meaning of these Presents; And lastly, our Will and Pleasure is, that this our Commission shall continue in force, until We, by some other Writing under our Signet, Privy Seal, or Great Seal of England, shall signify our Pleasure to the contrary.

     In Witness &c.

     Witness our self at Westminster, the ninth day of August.

Per ipsum Regem.


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Dinsmore Documentation  presents  Classics of American Colonial History