[From the MacDonald Papers (pp. 376-388), in the Virginia State Library; printed in the Virginia Magazine of History and Biography, ii. 281.]*

     Instructions to Sir William Berkeley, Knt., one of the Gentlemen of our Privy Chamber, Governor of Virginia, and to the Council of State there:

     That in the first place you be carefull Almighty God may be duly and daily served according to the Form of Religion established in the church of England both by yourself and all the people under your charge, which may draw down a blessing on all your endeavours. And let every congregation that hath an able minister build for him a convenient Parsonage House, to which for his better maintenance over and above the usual pension you lay 200 acres of Gleable lands, for the clearing of that ground every of his Parishoners for three years shall give some days labours of themselves and their Servants, and see that you have a special care that the Glebe Land be sett as neare the Parsonage House as may be and that it be of the best conditioned Land. Suffer no invasion in matters of Religion and be careful to appoint sufficient and conformable Ministers to each congregation, that you chatechise and instruct them in the grounds and principles of Religion.

     2. That you administer the Oaths of Allegiance and Supremacy to all such as come thither with intention to plant themselves in the country, which if he shall refuse he is to be returned and shipped from thence home and certificate made to the Lords of the Councill, the same oath is to be administered to all other persons when you shall see it fitt as Mariners, Merchants &c. to prevent any danger of spyes.

     3. That Justice be equally administered to all his Majesty’s subjects there residing and as neere as may bee after the forme of this Realm of England and vigilant care to be had to prevent corruption in officers tending to the delay or perverting of justice.

     4. That you and the Councellors as formerly once a year or oftener, if urgent occasion shall require, Do summon the Burgesses of all and singler Plantations there, which together with the Governor and Councill makes the Grand Assembly, and shall have Power to make Acts and Laws for the Government of that Plantation correspondent, as near as

may be, to the Laws of England, in which assembly the Governor is to have a negative voice, as formerly.

     [5.] That you and the Councill assembled are to sett down the fittest Months of the Quarterly meeting of the Councill of State, whereas they are to give their attendance for one and consult upon matter of Councill and State and to decide and determine such Causes as shall come before them, and that free access be admitted to all Suitors to make known their particular grievances, being against what persons So ever wherein the Governor for the time being, as formerly, is to have but a casting voyce if the number of the counsellors should be equally divided in opinion, besides the Quarterly Meeting of the Council it shall be lawful for you to summon, from time to time, Extraordinary meetings of the Councill according to emergent occasions.

     6. In case there shall be necessary cause to pr’ceed against any of the Councill for their own persons they are in such cases to be summoned by you, the Governor, to appear at the next Sessions of the Councill, holden there to abide their Sensure or otherwise, if you shall think it may concern either the Safety or quiet of that State to proceed more speedily with such an offender. It shall be lawful to summon a councill extraordinary where at six of the councill at least are to be present with you, and by the Major part if [of] their voyces comit my councillors to safe custody or upon Bayle to abide the order of the next quarter Councill.

     7. For the ease of the Country and quicker despatch of Business you, the Governor and Councill, may appoint in places convenient Inferior Courts of Justice and Commissioners for the Same, to determine of suits not exceeding the value of Ten Pounds and for the punishments of such offences as you and the Councill shall think fitt to give them the power to hear and determine.

     8. The Governor shall appoint officers of sealing of writts and subponas and such officers as shall be thought necessary for the execution [of] orders.

     And — also the acts and Laws of the Generall Assembly and for punishing any neglect or contempt of the Said Orders, Acts or Laws respectively. And shall nominate and appoint all other publique officers under the degree of the Councill, the Captain of the Fort, Master and Surveyor Generall excepted.

     9. That since the Councill attend his Majesties Service and the publique business to the great hindrance of the private, that they and ten servants for every Counsellor be exempted from all publique charges

and contributions assessed and levyed by the Generall Assembly (a Warr defensive, assistance towards the Building of a Town or churches or the ministers’ dues excepted).

     10. To avoid all questions concerning the Estates of Persons dying in Virginia, it shall be lawfll as it hath been used heretofore to make probates of Wills, and default of a Will to grant Letters of Administration in ye Colony: Provided always that such to whom Administration is granted do put in sufficient security to be accomptable to such persons in England or elsewhere unto whom of right those Estates shall belong. And that such Probate of Wills and Letters of Administration shall be and abide in full force and virtue to all intents and purposes.

     11. To the end the country may be the better served against all Hostil Invasions it is requisite that all persons from the age of 16 to 60 be armed with arms, both offensive and defensive. And if any person be defective in this kind, wee strictly charge you to command them to provide themselves of sufficient arms within one year or sooner if possible it may be done, and if any shall faill to be armed at the end of the Term limited we will that you punish them severely.

     12. And for that Arms without the Knowledge of the use of them are of no effect wee ordain that there be one Muster Master Generall, appointed by us for the Colony, who shall 4 times in the year and oftener (if cause be) not only view the arms, ammunition and furniture of every Person in the Colony, but also train and exercise the people, touching the use and order of arms and shall also certify the defects if any be either of appearance or otherwise to you the Governor and Councill. And being informed that the place is vacant by the death of George Dunn we do nominate and appoint our trusty and beloved John West, Esq., being recommended unto us for his sufficiency and long experience in the country, to be Muster Master of the said Colony. And for his competent maintenance we will that you, the Governor and Councill, so order the business at a General Assembly that every Plantation be rated equally according to the number of persons, wherein you are to follow the course practised in the Realm of England.

     13. That you cause likewise 10 Guarders to be maintained for the Port at Point Comfort. And that you take course that ye Captⁿ of ye said Port have a competent allowance for his services there. Also that the said ffort be well kept in Reparation and provided with ammunition.

     14. That new Comers be exempted the 1st yeare from going in p’son or contributing to the wars Save only in defence of the place where they shall inhabit and that only when the enemies shall assail them, but all

others in the Colony shall go or be rated to the maintenance of the war proportionately to their abilitys, neither shall any man be priviledged for going to the warr that is above 16 years old and under 60, respect being had to the quality of the person, that officers be not forced to go as private soldiers or in places inferior to their Degrees, unless in case of supreme necessity.

     15. That you may better avoid and prevent the treachery of the savages we strictly forbid all persons whatsoever to receive into their houses the person of any Indian or to converse or trade with them without the especiall license and warr^t given to that purpose according to the commissioner inflicting severe punishment upon the offenders.

     16. For preventing of all surprizes as well as of the treacherous savages as of any fforaine enemy we require you to erect Beacons in severall partes of ye Countries by firing whereof the country may take notice of their attempts of their Beacons or their watching them to beare the charge of the country as shall be determined by a Generall Assembly or otherwise by the shooting off 3 Pieces whereby they may take the Alarum as shall be found most convenient.

     17. That for raising of towns every one [of] ye [who] have and shall have a grant of 500 acres of land, shall, within a convenient time, build a convenient house of brick of 24 feet long and 16 feet broad with a cellar to it and so proportionately for Grants of larger or lesser quantity. And the grounds and platforms for the towns to be laid out in such form and order as the Governor and Councill shall appoint. And that you cause at ye publick charge of ye country a convenient house to be built where you and the Councill may meet and sitt for the dispatching of publick affairs and hearing of causes. And because the buildings at Jamestown are for the most part decayed and the place found to be unhealthy and inconvenient in many respects. It shall be in the power of you and the council, with the advice of ye Generall Assembly, to choose such other seate for your chiefe Town and Residence of the Governor as by them shall be judged most convenient, retaining the ancient name of James Town.

     18. That you shall have power to grant Patents and to assign such Proportion of Land to all adventurers and Planters as have been useful heretofore in the like cases, either for adventurers of money, [or] Transportation of people thither according to the orders of the late company and since allowed by his Majesty.

     And that there likewise be the same proportion of Fifty acres of land granted and assigned for every p’son transported thither since Midsummer,

1625. And that you continue ye same course to all persons transported thither untill it shall be otherwise determined by his Maj^ty.

     19. Whereas the greatest part of the Land on James River hath been formerly granted unto particular persons or public society but being by them either not planted at all or for many years deserted, divers planters have by orders and leave of the Governor and Councill of Virginia set down upon these lands or some part of them which was absolutely necessary for the defence and security of the Colony against the Indians, that the Governor confirm those Lands unto the present Planters and Possessors thereof. And that the like course be taken for Planting new Patents in any other places so unplanted and deserted as aforesaid where it shall be found necessary. And in case former proprietors make their claims thereunto that there be assigned to them the like quantities in any other part of the Colony not actually possessed where they shall make choice.

     20. That you call for the Charter Parties that Masters of Ships bring along with [them] and strictly examine whether they have truly p’formed the condicons of their contracts. And further, diligently to inquire and examine whether they have given sufficient and wholesome food and drink with convenient room to the passengers during the voyage. And that no Servants be discharged the Ships and turned ashore as formerly untill their Masters have notice and sufficient time to send for them. And that upon complaint in any of these particulars you give such redress as justice shall require.

     21. That in regard you may daily expect the coming of a fforaign enemy, Wee require you soon after the first landing that you publish by proclamation throughout the Colony that no person whatsoever upon the arrival of any ships shall dare to go on board without ye express warr^t from you the Governor and Councill, least by the means they be surprized to the great prejudice if not the overthrow of the Plantation.

     22. And to avoid that intolerable abuse of Ingrossing comodities of forestalling ye Market, That you require all Masters of Ships not to break Bulk until they arrive of Saint James City or otherwise without speciall orders from ye the Governor and Councill, and that care be taken that there be sufficient Storehouses and Warehouses for the same and convenient laying of their goods as they shall arrive.

     23. That you endeavour by severe punishment to suppress drunkenness, And that you be carefull ye great quantity of wine and strong waters be not sold into the hands of those that be likeliest to abuse it, but that so near as you can it may be equally disposed of for the relief of ye whole Plantation. And if any Merchant or other for

private Lucre shall bring in any corrupt or unwholesome wines, waters or any other Liquors, such as may endanger the health of the people and shall so be found upon the oaths of sufficient p’sons appointed for the Tryall that the vessel be staved.

     24. That especiall care be taken for ye preservacon of neat cattle and that the ffemales be not killed up as formerly, whereby the Colony will in short time have such plenty of victualls, yt much people may come thither for the setting up of iron works and other staple commodities. That you cause the People to plant great store of corne, as there may be one whole years provision before hand in the Colony least in relying upon one single Harvest, Drought, Blasting or otherwise they fall into such wants or Famine as formerly they have endured. And that the Plow may go and English [?] be sowed in all places convenient. And that no Corne nor Cattle be sold out of the Plantation without leave from the Governor and Councill.

     25. That they apply themselves to the Impaling of Orchards and gardens for Roots and Fruits w’ch that country is so proper for, & that every Planter be compelled for every 500 acres granted unto him to Inclose and sufficiently ffence either with Pales or Quicksett and Dikes, and so from time to time to preserve, enclosed and ffenced a quarter of an acre of Ground in ye most convenient place near his Dwelling House for Orchards and gardens.

     26. That whereas yo^r Tobacco falleth every day more and more unto a baser price, that it be stinted into a far less proportion then hath been made in ye last year 1637, not only to be accounted by the plants but by the quantity when ’tis cured. And because of Great Debts of the Planter in Tobacco, occasioned by the excessive rates of commodities have been the stinting thereof, so hard to be put into execution that the course commanded by his Majesty in his letter of the 22nd of April, in ye 13th year of His Reign for regulating ye debts of ye Colony be duly observed. And also not to suffer men to build slight cottages as heretofore hath been there used. And to remove from place to place, only to plant Tobacco. That Trademen and Handy Crafts be compelled to follow their severall Trades and occupations, and that ye draw you into Towns.

     27. We require you to use yo^r best endeav^r to cause ye people there to apply themselves to the raising of more staple commodities as Hemp and Flax, Rope, Seed and Madder, Pitch & Tarr for Tanning of Hides and Leather. Likewise every Plantation to plant a proportion of Vines, answerable to their numbers, and to plant white Mulberry Trees, and attend Silk Worms.

     28. That the Merchant be not constrained to take Tobacco at any Price, in Exchange for his wares. But that it be lawfull for him to make his own Bargain for his goods he so changeth notwithstanding any Proclamation here published to the contrary.

     29. That no merchant shall be suffered to bring in Ten pounds worth of wine or strong waters that brings not one hundred pounds worth of necessary commodities and so rateably. And that every Merchant that deserveth a Warr^t for the recovery of his Debt shall bring in a bill of Parcells with the Rates of the severall Commodities, whereby ye certainty of the Debt and ye comodities thereof may ye better appeare.

     30. That whereas many ships laden with Tobacco and other merchandize from thence, carry ye same immed^ly into fforraine countries, whereby his Maj^ty loseth ye custom and Duties thereupon due, nothing being answered in Virginia, You bee very carefull that no ship or other vessell whatsoever depart from thence, fraighted with Tobacco or other commodities w^h that country shall afford, before Bond w^h sufficient sureties be taken to Ma^ties use to bring the same directly unto his Maj^ties Dominions and not else where, and to bring a Bill of Lading from home that the staple of those comodities may be made here, whereby his Maj^tie, after so great expence upon that Plantation and so many of his subjects Transported thither, may not be defrauded of what shall be justly due unto him for custom and other duties upon those goods. These Bonds to be transmitted to ye Councill here, and from thence to ye Exchequer, that ye Delinquent may be proceeded with according to due course of Law.

     31. Next that you strictly and resolutely forbid all Trade or Trucking for any Merchandize whatsoever w^h any ship other then His Maj^ties subjects, that shall either purposely or casually come to any of y^r plantations. And that if, upon some unexpected occasions and necessity, the Governor and Councill shall think fitt to admitt such intercourse, w^ch we admitt not but upon some extremity, That good caution and Bond be taken, both of the Master and also the owner of the said Tobacco or other comodities so laden that they shall (Damages of the Sea Excepted) be brought to our Port of London, there to pay unto us such duties as are due upon the same.

     And to conclude, That in all things accordingly to y^r best understanding ye endeavour the extirpation of vice and encouragement of Religion, virtue and goodness.