- brittany

CHARTER IN FAVOR OF SIR WALTER RALEGH, KNIGHT,

For the Discovery and Planting of New Lands in America.

Elizabeth by the grace of God of England, France and Ireland Queene, defender of the faith, &c. To all people to whom these presents shal come, greeting. Know ye that of our especial grace, certaine science, & meere motion, we haue giuen and graunted, and by these presents for vs, our heires and successors doe giue and graunt to our trusty and welbeloued seruant Walter Ralegh Esquire, and to his heires and assignes for euer, free liberty & licence from time to time, and at all times for euer hereafter, to discouer, search, finde out, and view such remote, heathen and barbarous lands, countreis, and territories, not actually possessed of any Christian prince, nor inhabited by Christian people, as to him, his heires and assignes, and to euery or any of them shall seeme good, and the same to haue, holde, occupy & enjoy to him, his heires and assignes for euer, with all prerogatiues, commodities, iurisdictions, royalties, priuiledges, franchises and preeminences, thereto or thereabouts both by sea and land, whatsoeuer we by our letters patents may grant, and as we or any of our noble progenitors haue heretofore granted to any person or persons, bodies politique or corporate: and the saide Walter Ralegh, his heires and assignes, and all such as from time to time, by license of us, our heires and successors, shal goe or trauaile thither to inhabite or remaine, there to build and fortifie, at the discretion of the said Walter Ralegh, his heires & assignes, the statutes or act of Parliament made against fugitiues, or against such as shall depart, remaine or continue out of our Realme of England without license, or any statute, act, law, or any ordinance whatsoeuer to the contrary in any wife notwithstanding.

And we do likewise by these presents, or our especial grace, meere motion, and certaine knowledge, for us, our heires and successors, giue and graunt full authoritie, libertie and power to the said Walter Ralegh, his heires and assignes, and euery of them, that he and they, and euery or any of them shall and may at all and euery time and times hereafter, haue, take, and leade in the sayde voyage, and trauaile thitherward, or to inhabite there with him or them, and euery or any of them, such and so many of our subjects as shall willingly accompany him or them, and euery or any of them: and to whom also we doe by these presents, giue full libertie and authoritie in that behalfe, and also to haue, take and employ, and use sufficient shipping and furniture for the transportations, and Nauigations in that behalfe, so that none of the same persons or any of them be such as hereafter shall be restrained by us, our heires or successors.

And further that the said Walter Ralegh his heires and assignes, and euery of them, shall haue, holde, occupie and enjoy to him, his heires and assignes, and euery of them for euer, all the soyle of all such landes, territories, and Countreis, so to be discouered and possessed as aforesaid, and of all such Cities, Castles, Townes, Villages, and places in the same, with the right, royalties, franchises, and iurisdictions, as well marine as other within the sayd landes, or Countreis, or the seas thereunto adioyning, to be had, or used, with full power to dispose thereof, and of euery part in fee simple or otherwise, according to the order of the lawes of England, as neere as the same conueniently may be, at his, and their will and pleasure, to any persons then being, or that shall remaine within the allegiance of us, our heires and successors: reseruing alwayes to us, our heires and successors, for all seruices, dueties, and demaunds, the fift part of all the oare of golde and siluer, that from time to time, and at all times after such discouerie, subduing and possessing, shall be there gotten and obteined: All which lands, Countreis, and territories shall for euer be holden of the said Walter Ralegh, his heires and assignes, of us, our heires and successors, by homage, and by the sayd payment of the said fift part, reserued onely for all seruices.

And moreouer, we do by these presents, for us, our heires and successors, giue and grant licence to the said Walter Ralegh, his heires, and assignes, and euery of them, that he, and they, and euery or any of them, shall and may from time to time, and at all times for euer hereafter, for his and their defence, encounter and expulse, repell and resist aswell by sea as by lande, and by all other wayes whatsoeuer, all and euery such person and persons whatsoeuer, as without especiall liking and licence of the sayd Walter Ralegh, and of his heires and assignes, shall attempt to inhabite within the sayde Countreys, or any of them, or within the space of two hundreth leagues neere to the place or places within such Countreys as aforesayde (if they shall not bee before planted or inhabited within the limits as aforesayd with the subiects of any Christian Prince being in amitie with us) where the sayd Walter Ralegh, his heires, or assignes, or any of them, or his, or their, or any of their associats or company, shall within sixe yeeres (next ensuing) make their dwellings or abidings, or that shall enterprise or attempt at any time hereafter unlawfully to annoy, eyther by Sea or Lande the sayde Walter Ralegh, his heires or assignes, or any of them, or his or their, or any of his or their companies: giuing and graunting by these presents further power and authoritie to the sayd Walter Ralegh, his heires and assignes, and euery of them from time to time, and at all times for euer hereafter, to take and surprise by all maner of meanes whatsoeuer, all and euery those person or persons, with their Shippes, Vessels, and other goods and furniture, which without the licence of the sayde Walter Ralegh, or his heires, or assignes, as aforesayd,shalbe found traffiquing into any Harbour, or Harbours, Creeke, or Creekes, within the limits aforesayd, (the subiects of our Realmes and Dominions, and all other persons in amitie with us, trading to the Newfound lands for fishing as heretofore they haue commonly vsed, or being driuen by force of a tempest, or shipwracke onely excepted:) and those persons, and euery of them, with their shippes, vessels, goods, and furniture to deteine and possesse as of good and lawfull prize, according to the discretion of him the sayd Walter Ralegh, his heires, and assignes, and euery, or any of them. And for uniting in more perfect league and amitie, of such Countryes, landes, and territories so to be possessed and inhabited as aforesayd with our Realmes of England and Ireland, and the better incouragement of men to these enterprises: we doe by these presents, graunt and declare that all such Countries, so hereafter to be possessed and inhabited as is aforesayd, from thencefoorth shall be of the allegiance of us, our heires and successours. And wee doe graunt to the sayd Walter Ralegh, his heires, and assignes, and to all, and euery of them, and to all, and euery other person and persons, being of our allegiance, whose names shall be noted or entred in some of our Courts of recorde within our Realme of England, that with the assent of the sayd Walter Ralegh, his heires or assignes, shall in his iourneis for discouerie, or in the iourneis for conquest hereafter trauaile to such lands, countreis and territories, as aforesayd, and to their, and to euery of their heires, that they, and euery or any of them, being eyther borne within our sayde Realmes of England or Irelande, or in any other place within our allegiance, and which hereafter shall be inhabiting within any the Lands, Countryes, and Territories, with such licence (as aforesayd) shall and may haue all the priuiledges of free Denizens, and persons natiue of England, and within our allegiance in such like ample maner and forme, as if they were borne and personally resident within our said Realme of England, any law, custome, or usage to the contrary notwithstanding.

And forasmuch as upon the finding out, discouering, or inhabiting of such remote lands, countries, and territories as aforesaid, it shalbe necessary for the safety of all men, that shall aduenture themselues in those iourneyes or voyages, to determine to liue together in Christian peace, and ciuill quietnesse eche with other, whereby euery one may with more pleasure and profit enioy that whereunto they shall atteine with great paine and perill, wee for us, our heires and successors, are likewise pleased and contented, and by these presents doe giue & grant to the said Walter Ralegh, his heires and assignes for euer, that he and they, and euery or any of them, shall and may from time to time for euer hereafter, within the said mentioned remote lands and countries, in the way by the seas thither, and from thence, haue full and meere power and authoritie to correct, punish, pardon, gouerne, and rule by their and euery or any of their good discretions and policies, as well in causes capitall, or criminall, as ciuil, both marine and other, all such our subiects, as shal from time to time aduenture themselues in the said iourneis or voyages, or that shall at any time hereafter inhabite any such lands, countreis, or territories as aforesayd, or that shall abide within 200. leagues of any of the sayde place or places, where the sayde Walter Ralegh, his heires or assignes, or any of them, or any of his or their associats or companies, shall inhabite within 6. yeeres next ensuing the date hereof, according to such statutes, lawes and ordinances as shall be by him the sayd Walter Ralegh, his heires and assignes, and euery or any of them deuised, or established, for the better gouernment of the said people as aforesaid. So alwayes as the said statutes, lawes, and ordinances may be, as nere as conueniently may bee, agreeable to the forme of the lawes, statutes, gouernment, or pollicie of England, and also so as they be not against the true Christian faith, nowe professed in the Church of England, nor in any wife to withdrawe any of the subiects or people of those lands or places from the alleagance of us, our heires and successours, as their immediate Soueraigne under God.

And further, we doe by these presents for us, our heires and successors, giue and grant ful power and authoritie to our trustie and welbeloued Counsailour Sir William Cecill knight, Lorde Burghley, or high Treasourer of England, and to the Lorde Treasourer of England for us, our heires and successors, for the time being, and to the priuie Counsaile of us, our heires and successors, or any foure or more of them for the time being, that he, they, or any foure or more of them, shall and may from time to time, and at all times hereafter, under his or their handes or Seales by vertue of these presents, authorise and license the sayd Walter Ralegh, his heires and assignes, and euery or any of them by him, & by themselues, or by their, or any of their sufficient Atturnies, Deputies, Officers, Ministers, Factors, and seruants, to imbarke & transport out of our Realme of England and Ireland, and the Dominions thereof, all or any of his or their goods, and all or any the goods of his and their associats and companies, and euery or any of them, with such other necessaries and commodities of any our Realmes, as to the sayde Lorde Treasurer, or foure or more of the priuie Counsaile, of us our heires and successors for the time being (as aforesaid) shalbe from time to time by his or their wisedomes, or discretions thought meete and conuenient, for the better reliefe and supportation of him the sayde Walter Ralegh, his heires, and assignes, and euery or any of them, and of his or their or any of their associats and companies, any act, statute, law, or any thing to the contrary in any wife notwithstanding.

Prouided alwayes, and our wil and pleasure is, and we do hereby declare to all Christian kings, princes, and states, that if the sayde Walter Ralegh, his heires or assignes, or any of them, or any other by their licence or appointment, shall at any time or times hereafter robbe or spoile by sea or by land, or doe any act of vniust or vnlawfull hostilitie, to any of the subiects of us, our heires or successors, or to any of the subiects of any the kings, princes, rulers, Gouernours, or estates, being then in perfect league and amitie with us, our heires and successors, and that upon such iniurie, or upon iust complaint of any such Prince, Ruler, Gouernour or estate, or their subiects, wee, our heires and successors, shall make open Proclamation within any the portes of our Realme of England, that the saide Walter Ralegh, his heires and assignes, and adherents or any to whom these our Letters patents may extende, shall within the termes to bee limited, by such Proclamation, make full restitution, and satisfaction of all such iniuries, done: so as both we and the said Princes, or other so complaining, may hold us and themselues fully contended: And that if the said Walter Ralegh, his heires an assignes, shall not make or cause to be made satisfaction accordingly within such time so to be limited, that then it shal be lawful to us, our heires and successors, to put the sayde Walter Ralegh, his heires and assignes, and adherents, and all the inhabitants of the saide places to be discouered (as is aforesaid) or any of them out of our allegeance and protection, and that from and after such time of putting out of protection of the sayde Walter Ralegh, his heires, assignes and adherents, and others so to be put out, and the said places within their habitation, possession and rule, shall be out of our allegeance and protection, and free for all Princes and others to pursue with hostilitie, as being not our subiects, nor by us any way to be auouched, maintained, or defended, not to be holden as any of ours, nor to our protection, or dominion, or allegeance any way belonging: for that expresse mention of the cleere yeerely value of the certaintie of the premisses, or any part thereof, or of any other gift, or grant by us, or any our progenitors, or predecessors to the said Walter Ralegh, before this time made in these presents bee not expressed, or any other grant, ordinance, prouision, proclamation, or restraint to the contrary thereof, before this time, giuen, ordained, or prouided, or any other thing, cause, or matter whatsoeuer, in any wife notwithstanding. In witnesse whereof, wee haue caused these our letters to be made Patents. Witnesse our selues, at Westminster the fiue and twentie day of March, in the fixe and twentith yeere of our Raigns.

( Translation from the Original Dutch)

Freedoms and Exemptions for the patroons, masters or private persons who will plant any colonies in, and send cattle to New Netherland, drawn up for the benefit of the General West India Company in New Netherland and for the profit of the patroons, masters and private persons.

I. Such participants of the said Company as may be inclined to plant any colonies in New Netherland shall be permitted to send, in the ships of this Company going thither, three or four persons to inspect the situation of the country, provided that they, with the officers and ship’s company, swear to the Articles, so far as they relate to them, pay for board and passage, going and coming, six stivers a day (such as desire to mess in the cabin to pay 12 stivers) and agree to give assistance like others, in cases offensive and defensive. And if any ships be taken from the enemy, they shall receive pro rata their portions with the ship’s company, each according to his quality, that is to say the colonists messing outside the cabin shall be rated with the sailors and those messing in the cabin with those of the Company’s servants messing at table who receive the lowest wages.

II. However, in this matter, those persons shall have the preference who shall first have declared their intentions and applied to the Company.

III. All such shall be acknowledged patroons of New Netherland as shall agree to plant there a colony of 50 souls, upwards of 15 years old, within the space of four years after they have given notice to any Chamber of the Company here or to the commander or council there, one fourth part within one year and the remainder within three years after the sending of the first, making together four years, to the full number of 50 persons, to be shipped hence, or pain, in case of wilful neglect, of being deprived of the privileges obtained. But they are warned that the Company reserves to itself the island of the Manhattes.

IV. From the very hour they make known the situation of the places where they propose to settle colonies, they shall have the preference over all others to the free ownership of such lands as they shall have chosen: but in case the location should afterwards not please them or they should find themselves deceived in the selection of the land, they may, after memorializing the commander and council there, choose another place.

V. The patroons, by their agents, may, at the place where they wish to settle their colonies, [fix] their limits [so that the colony shall] extend four leagues along the coast or one side of a navigable river, to two leagues along both sides of a river, and as far inland as the situation of the occupants will permit; with the understanding that the Company retains for itself the ownership of the lands lying and remaining between the limits of the colonies, to dispose thereof when and at such time as it shall think proper, but no one else shall be allowed to come within seven or eight leagues of them without their consent unless the situation of the land thereabout be such that the commander and council for good reasons shall order otherwise; always observing that the first occupants are not to be prejudiced in the right they have obtained, except in so far as the service of the Company should require it, either for the building of fortifications or something of that sort, and that (outside of this) the [patroon of the] first settled colony shall retain the command of each bay, river or island, under the supreme jurisdiction of their High Mightinesses the States General and the Company; but the later colonies on the same river or island may appoint one or more councilors to assist him, that in consultation they may look after the interests of the colonies on the river or island.

VI. They shall forever own and possess and hold from the Company as a perpetual fief of inheritance, all the land lying within the aforesaid limits, together with the fruits, plants, minerals, rivers and springs thereof, and the high, middle and low jurisdiction, rights of fishing, fowling and grinding, to the exclusion of all others, said fief to be renewed in case of demise by doing homage to the Company and paying 20 guilders per colony within a year and six weeks, either to the Chambers here or to the commander there, each to the Chamber whence the colony was originally sent out; however no fishing or fowling shall be carried on by any one but the patroons and such as they shall permit. And in case any one should in time prosper so much as to found one or more cities, he shall have authority to appoint officers and magistrates there and to use such titles in his colony as he sees fit according to the quality of the persons.

VII. There shall likewise be granted to all patroons who shall desire the same, Venia Testandi, or liberty to dispose of the aforesaid fiefs by will.

VIII. The patroons may also to their profit use all lands, rivers and woods lying contiguous to them, until such time as they are taken possession of by this Company, other patroons, or private persons.

IX. Those who shall send over these colonies, shall furnish them with proper instructions in order that they may be ruled and governed conformably to the rule of government, both as to administration and justice, made, or to be made by the Assembly of the Nineteen, which [instructions] they must first lay before the directors of the respective Chambers.

X. The patroons and colonist shall be privileged to send all their people and effects thither, in ships belonging to the Company, provided they take the oath and pay the Company for bringing over the people according to the first article, and for freight of the goods five per cent cash of the cost of the goods here; without including herein, however, cattle and agricultural implements, which the Company is to carry over free, if there is room in its ships, provided that the patroons, at their own expense, fit up places for the cattle and furnish everything necessary for their support.

XI. In case it should not suit the Company to send any ships, or there should be no room in the ships sailing thither, then the said patroons, after having communicated their intentions and obtained consent from the Company in writing, may send their own ships or yachts thither, provided that, going and coming, they depart not from their ordinary course, give security to the Company for the same and take on board an assistant at the expense of the patroons as to his board and of the Company as to his monthly wages, on pain, if doing contrary hereto, of forfeiting all right and title they have obtained to the colony.

XII. Inasmuch as it is the intention of the Company to people the island of the Manhattes first, this island shall provisionally also be the staple port for all products and wares that are found on the North River and lands thereabouts, before they are allowed to be sent elsewhere, excepting such as are, from their nature, unnecessary there and such as can not without great loss to their owners be brought there; in this case the owners thereof must give timely notice in writing of the difficulty attending the same to the Company here, or the commander and council there, that such measures may be taken as the situation of affairs shall be found to require.

XIII. All the patroons of colonies in New Netherlands and colonists living on the island of the Manhattes shall be at liberty to sail and traffic along the entire coast from Florida to Terra Neuf, provided that they do first return with all such goods as they shall get in trade to the island of the Manhattes and pay five per cent duty to the Company, in order that if possible, after proper inventory of the goods in the ship, the same may thence be sent hither. And if it should so happen that they could not return, whether from contrary currents or otherwise, the said goods may be brought nowhere but to this country, in order that they may be unladen and inventoried with the knowledge of the directors at the place where they may arrive and the aforesaid duty of five per cent paid to the Company here, on pain, if they do otherwise, of forfeiture of their goods obtained, or the true value thereof.

XIV. In case the ships of the patroons, in going or coming or in sailing along the coast from Florida to Terra Neuf and no further, within [the limits of] our charter should conquer any prizes from the enemy, they must bring them, or cause them to be brought, to the Chamber of the place from which they sailed in order that their honors may have the benefit thereof; the Company shall keep the one third part thereof and the remaining two thirds shall belong to them in consideration of the expense and risk at which they have been, all according to the orders of the Company.

XV. It shall also be permitted the aforesaid patroons, all along the coast of New Netherland and places circumjacent, to trade their goods, products of that country, for all sorts of merchandise that may be had there, except beavers, otters, minks and all sorts of peltry, which trade alone the Company reserves to itself. But permission for even this trade is granted at places where the Company has no agent, on the condition that such traders must bring all the peltry they may be able to secure to the island of the Manhattes, if it is in any way practicable, and there deliver them to the director, to be by him sent hither with the ships and goods; or, if they should come here without having done so, then to unload them with due notice to the Company and proper inventory, that they may pay to the Company one guilder for each merchantable beaver and otter skin; the cost, insurance and all other expenses to remain at the charge of the patroons or owners.

XVI. All raw materials which the colonists of the patroons shall have obtained there, such as pitch, tar, potash, timber, grain, fish, salt, limestone and the like, shall be conveyed in the Company’s ships at the rate of 18 guilders per last, four thousand weight to be accounted a last, and the Company’s ship’s crew shall be obliged to wheel and bring the salt on board, whereof 10 lasts make a hundred. And, in case of lack of ships or of room in the ships, they may send it over in their own ships at their own cost and enjoy in this country such freedoms and benefits as have been granted to the Company; but in either case they must pay, over and above the duty of five per cent, 18 guilders for each hundred of salt that is carried over in the Company’s ships.

XVII. For all goods not mentioned in the foregoing article and which are not carried by the last there shall be paid for freight one daelder for each hundred pounds weight; and for wines, brandies, verjuice and vinegar, there shall be paid 18 guilders per cask.

XVIII. The Company promises the colonists of the patroons not to lay any duties, tolls, excise, imposts or any other contributions upon them for the space of 10 years; and after the expiration of the said 10 years, at the highest, such dues [only] as the goods pay here at present.

XIX. They will not take from the service of the patroons any of their colonists, either man or woman, son or daughter, manservant or maidservant; and, though any of these should desire it they will not receive them, much less permit them to leave their patroons and enter into the service of another, except on written consent obtained previously from their patroons and this for and during so many years as they are bound to their patroons; after the expiration whereof, the patroons shall be at liberty to bring hither such colonists as will not continue in their service and then only to set them free. And if any colonist runs away to another patroon, or, contrary to his contract, leaves his service, we promise to do everything in our power to deliver the same into the hands of his patroon or commis that he may be prosecuted there according to the customs of this country, as occasion may require.

XX. From all judgments given by the courts of the patroons above 50 guilders, there shall be appeal to the Company’s commander and council in New Netherland.

XXI. And as to private persons who on their own account, or others who in the service of their masters here in this country shall go thither and settle as freemen in smaller numbers than the patroons, they may with the approbation of the director and council there, choose and take possession of as much land as they can properly cultivate and hold the same in full ownership either for themselves or for their masters.

XXII. They shall also have rights of hunting, as well by water as by land, in common with others in public woods and rivers and exclusively within the limits of their colonies, according to the orders of the director and council.

XXIII. Whosoever, whether colonists of the patroons for their patroons, or free men for themselves, or other private persons for their masters, shall find any shores, bays or other places suitable for fisheries or the making of salt pans may take possession thereof and work them as their own absolute property to the exclusion of all others. The patroons of colonists are granted permission also to send ships along the coast of New Netherland on the cod fishery, and with the catch to go directly to Italy or other neutral countries, provided they pay to the Company in such cases a duty of six guilders per last; and if they come to this country with their lading, they shall be free, but they shall not, under pretext of this consent or [leave] from the Company, carry any other goods to Italy on pain of peremptory punishment, it remaining at the option of the Company to put a supercargo on board each ship as in the eleventh article.

XXIV. In case any of the colonists, by his industry and diligence should discover any minerals, precious stones, crystals, marbles or the like, or any pearl fishery, the same shall be and remain the property of the patroon or patroons of such colony, provided the discoverer be given such premium as the patroon shall beforehand stipulate with his colonist by contract. And the patroons shall be exempt from the payment of any duty to the Company for the term of eight years, and for freight merely shall pay two per cent; and after the aforesaid eight years, for duty and freight, one eighth part of what the same may be worth in this country.

XXV. The Company will take all the colonists, free men as well as those that are in service, under its protection and help to defend them against all domestic and foreign attacks and violence, with the forces it has there, as much as lies in its power.

XXVI. Whosoever shall settle any colonies out of the limits of Manhattes Island must satisfy the Indians of that place for the land and may enlarge the limits of their colonies if they settle a proportionate number of colonists thereon.

XXVII. The patroons and colonists shall in particular endeavor as quickly as possible to find some means whereby they may support a minister and a schoolmaster, that thus the service of God and zeal for religion may not grow cool and be neglected among them, and they shall for the first, procure a comforter of the sick there.

XXVIII. The colonies that shall be established on the respective rivers or islands (that is to say, each river or island for itself), may appoint an agent, who shall give the commander and council information about that district and further matters before the council relating to his colony; of which agents one shall be changed every two years; and all colonies must, at least once in every 12 months, send an exact report of their colony and of the lands thereabout to the commander and council there.

XXIX. The colonists shall not be permitted to make any woolen, linen or cotton cloth, nor to weave any other stuffs there, on pain of being banished and peremptorily punished as oath breakers.

XXX. The Company will endeavor to supply the colonists with as many blacks as it possibly can, on the conditions hereafter to be made, without however being bound to do so to a greater extent or for a longer time than it shall see fit.

XXXI. The Company promises to finish the fort on the island of the Manhattes, and to put it in a posture of defense without delay. And to have these Freedoms and Exemptions approved and confirmed by their High Mightinesses the Lords States General.

Finis. At Amstelredam.

“On Liberty” Speech (1645)

John Winthrop

From: American Voices, Significant Speeches in American History: 1640-1945, p. 5-6

I suppose something may be expected from me upon this charge that has befallen me, which moves me to speak now to you; yet I intend not to intermeddle in the proceedings of the court or with any of the persons concerned therein. Only I bless God that I see an issue of this troublesome business. I also acknowledge the justice of the court, and for mine own part I am well satisfied. I was publicly charged, and I am publicly and legally acquitted, which is all I did expect or desire. And thought this be sufficient for my justification before men, yet not so before the God who hath seen so much amiss in my dispensations (and even in this affair) as calls me to be humble.

For to be publicly and criminally charged in this court is matter of humiliation (and I desire to make a right use of it), notwithstanding I be thus acquitted. If her father had spit in her face (saith the Lord concerning Miriam), should she not have been ashamed seven days? Shame had lien upon her, whatever the occasion had been. I am unwilling to stay you from your urgent affairs, yet give me leave (upon this special occasion) to speak a little more to this assembly. It may be of some good use to inform and rectify the judgments of some of the people, and may prevent such distempers as have arisen amongst us.

The great questions that have troubled the country are about the authority of the magistrates and the liberty of the people. It is yourselves who have called us to this office, and, being called by you, we have our authority from God, in way of an ordinance, such as hath the image of God eminently stamped upon it, the contempt and violation whereof hath been vindicated with examples of divine vengeance.

I entreat you to consider that, when you choose magistrates, you take them from among yourselves, men subject to like passions as you are. Therefore, when you see infirmities in us, you should reflect upon your own, and that would make you bear the more with us, and not be severe censurers of the failings of your magistrates, when you have continual experience of the like infirmities in yourselves and others.

We account him a good servant who breaks not his covenant. The covenant between you and us is the oath you have taken of us, which is to this purpose, that we shall govern you and judge your causes by the rules of God’s laws and our own, according to our best skill. When you agree with a workman to build you a ship or house, etc., he undertakes as well for his skill as for faithfulness; for it is his profession, and you pay him for both. But when you call one to be a magistrate he doth not profess or undertake to have sufficient skill for that office, nor can you furnish him with gifts, etc., therefore you must run the hazard of his skill and ability. But if he fail in faithfulness, which by his oath he is bound unto, that he must answer for. If it fall out that the case be clear to common apprehension, and the rule clear also, if he transgress here, the error is not in the skill, but in the evil of the will: it must be required of him. But if the case be doubtful, or the rule doubtful, to men of such understanding and parts as your magistrates are, if your magistrates should err here, yourselves must bear it.

For the other point concerning liberty, I observe a great mistake in the country about that. There is a twofold liberty, natural (I mean as our nature is now corrupt) and civil or federal. The first is common to man with beasts and other creatures. By this man, as he stands in relation to man simply, hath liberty to do what he lists: it is a liberty to evil as well as to good. This liberty is incompatible and inconsistent with authority, and cannot endure the least restraint of the most just authority. The exercise and maintaining of this liberty makes men grow more evil, and in time to be worse than brute beasts: omnes sumus licentia deteriores. This is that great enemy of truth and peace, that wild beast, which all the ordinances of God are bent against, to restrain and subdue it.

The other kind of liberty I call civil or federal; it may also be termed moral, in reference to the covenant between God and man in the moral law, and the politic covenants and constitutions amongst men themselves. This liberty is the proper end and object of authority, and cannot subsist without it; and it is a liberty to that only which is good, just, and honest. This liberty you are to stand for, with the hazard (not only of your goods, but) of your lives, if need be. Whatsoever crosseth this is not authority, but a distemper thereof. This liberty is maintained and exercised in a way of subjection to authority; it is of the same kind of liberty wherewith Christ hath made us free. The woman’s own choice makes such a man her husband; yet, being so chosen, he is her lord, and she is to be subject to him, yet in a way of liberty, not of bondage; and a true wife accounts her subjection her honor and freedom, and would not think her condition safe and free but in her subjection to her husband’s authority. Such is the liberty of the church under the authority of Christ, her king and husband; his yoke is so easy and sweet to her as a bride’s ornaments; and if, through forwardness or wantonness, etc., she shake it off at any time, she is at no rest in her spirit until she take it up again; and whether her lord smiles upon her, and embraceth her in his arms, or whether her frowns, or rebukes, or smites her, she apprehends the sweetness of his love in all, and is refreshed, supported, and instructed by every such dispensation of his authority over her. On the other side, ye know who they are that complain of this yoke and say, let us break their bands, etc., we will not have this man to rule over us.

Even so, brethren, it will be between you and your magistrates. If you stand for your natural corrupt liberties, and will do what is good in your own eyes, you will not endure the least weight of authority, but will murmur, and oppose, and be always striving to shake off that yoke; but if you will be satisfied to enjoy such civil and lawful liberties, such as Christ allows you, then will you quietly and cheerfully submit unto that authority which is set over you, in all the administrations of it, for your good. Wherein, if we fail at any time, we hope we shall be willing (by God’s assistance) to hearken to good advice from any of you, or in any other way to God; so shall your liberties be preserved, in upholding the honor and power of authority amongst you.

Ensenore a Savage father to Pemisapan being the only friend to our nation that we had amongst them, and about the King, died the 20 of April 1586. He alone had before opposed himself in their consultations against all matters proposed against us, which both the King and all the rest of them after Grangemoes death, were very willing to have preferred. And he was not only by the mere providence of God during his life, a means to save us from hurt, as poisonings and such like, but also to do us very great good, and singularly in this.

The King was advised and of himself disposed, as a ready means to have assuredly brought us to ruin in the month of March 1586 himself also with all his Savages to have run away from us, and to have left his ground in the Island unsowed: which if he had done, there had been no possibility in common reason, (but by the immediate hand of God) that we could have been preserved from starving out of hand . For at that time we had no weirs for fish, neither could our men skill of the making of them, neither had we one grain of Corn for seed to put into the ground.

In mine absence on my voyage that I had made against the Chaonists, and Mangoaks, they had raised a rumor among themselves, that I and my company were part slain , and part starved by the Chaonists, and Mangoaks. One part of this tale was too true, that I and mine were like to be starved, but the other false.

Nevertheless until my return it took such effect in Pemisapans breast, and in those against us, that they grew not only into contempt of us, but also (contrary to their former reverend opinion in show , of the Almighty God of heaven, and Jesus Christ whom we serve and worship, whom before they would acknowledge and confess the only God) now they began to blaspheme, and flatly to say, that our Lord God was not God, since he suffered us to sustain much hunger, and also to be killed of the Renapoaks, for so they call by that general name all the inhabitants of the whole main , of what province soever. Insomuch as old Ensenore , neither any of his fellows , could for his sake have no more credit for us: and it came so far that the king was resolved to have presently gone away as is aforesaid.

But even in the beginning of this rumor I returned, which when he saw contrary to his expectation, and the advertisement that he had received: that not only my self , and my company were all safe, but also by report of his own 3. Savages which had been with me besides Manteo in that voyage, that is to say, Tetepano , his sisters husband Eracano , and Cossine , that the Chanoists and Mangoaks (whose name and multitude besides their valor is terrible to all the rest of the provinces) durst not for the most part of them abide us, and that those that did abide us were killed, and that we had taken Menatonon prisoner, and brought his son that he best loved to Roanoke with me , it did not a little assuage all devices against us: on the other side, it made Ensenores opinions to be received again with greater respects. For he had often before told them, and then renewed those his former speeches, both to the king and the rest, that we were the servants of God, and that we were not subject to be destroyed by them: but contrarywise, that they amongst them that sought our destruction, should find their own , and not be able to work ours, and that we being dead men were able to do them more hurt, then now we could do being alive: an opinion very confidently at this day holden by the wisest amongst them, and of their old men, as also, that they have been in the night, being 100. miles from any of us, in the air shot at, and struck by some men of ours, that by sickness had died among them: and many of them hold opinion, that we be dead men returned into the world again , and that we do not remain dead but for a certain time, and that then we return again .

All these speeches then again grew in full credit with them, the King, and all, touching us, when he saw the small troop returned again, and in that sort from those whose very names were terrible unto them: But that which made up the matter on our side for that time was an accident, yea rather (as all the rest was) the good providence of the Almighty for the saving of us, which was this.

Within certain days after my return from the said journey, Menatonon sent a messenger to visit his son the prisoner with me, and sent me certain pearls for a present, or rather, as Pemisapan told me , for the ransom of his son , and therefore I refused them: but the greatest cause of his sending then, was to signify unto me , that he had commanded Okisko King of Weopomiok, to yield himself servant, and vassal to the great Weroanza of England, and after her to Sir Walter Raleigh : to perform which commandment received from Menatonon , the said Okisko jointly with this Menatonons messenger sent four and twenty of his principal men to Roanoak to Pemisapan , to signify that they were ready to perform the same, and so had sent those his men to let me know that from that time forward , he , and his successors were to acknowledge her Majesty their only Sovereign , and next unto her, as is aforesaid .

All which being done, and acknowledged by them all, in the presence of Pemisapan his father, and all his Savages in counsel then with him, it did for the time thoroughly (as it seemed) change him in disposition toward us: Insomuch as forthwith Ensenore won this resolution of him, that out of hand he should go about, and withal , to cause his men to set up weirs forthwith for us: both which he at that present went in hand withall, and did so labor the expedition of it, that in the end of April he had sowed a good quantity of ground, so much as had been sufficient, to have fed our whole company (God blessing the growth ) and that by the belly, for a whole year : besides that he gave us a certain plot of ground for our selves to sow . All which put us in marvelous comfort, if we could pass from April until the beginning of July, (which was to have been the beginning of their harvest,) that then a new supply out of England or else our own store would well enough maintain us: All our fear was of the two months betwixt, in which mean space if the Savages should not help us with Cassavi, and China , and that our weirs should fail us, (as often they did,) we might very well starve, notwithstanding the growing corn , like the starving horse in the stable, with the growing grass , as the proverb is: which we very hardly had escaped but only by the hand of God, as it pleased him to try us. For within few days after, as before is said , Ensenore our friend died, who was no sooner dead, but certain of our great enemies about Pemisapan, as Osacan a Werowance, Tanaquiny and Wanchese most principally, were in hand again to put their old practices in use against us, which were readily embraced , and all their former devices against us renewed , and new brought in question. But that of starving us, by their forbearing to sow, was broken by Ensenore in his life, by having made the King all at one instant to sow his ground, not only in the Island , but also at Dasamonquepeio in the main , within two leagues over against us. Nevertheless there wanted no store of mischievous practices among them, and of all they resolved principally of this following.

First that Okisko king of Weopomeiok with the Mandoages should be moved , and with great quantity of copper entertained to the number of 7. or 8. hundred bows , to enterprise the matter thus to be ordered. They of Weopomeiok should be invite to a certain kind of months mind which they do use to solemnize in their Savage manner for any great personage dead, and should have been for Ensenore . At this instant also should the Mandoaks, who were a great people, with the Chesepians & their friends to the number of 700. of them, be armed at a day appointed to the main of Dasamonquepeio, and there lying close at the sign of fires , which should interchangeably be made on both sides, when Pemisapan with his troop above named should have executed me, and some of our Weroances (as they called all our principal officers,) the main forces of the rest should have come over into the Island , where they meant to have dispatched the rest of the company, whom they did imagine to find both dismayed and dispersed abroad in the Island, seeking of crabs and fish to live withal . The manner of their enterprise was this.

Tarraquine and Andacon two principal men about Pemisapan , and very lusty fellows , with twenty more appointed to them had the charge of my person to see an order taken for the same, which they meant should in this sort have been executed. In the dead time of the night they would have beset my house, and put fire in the reeds that the same was covered with: meaning (as it was likely) that my self would have come running out of a sudden amazed in my shirt without arms , upon the instant whereof they would have knocked out my brains .

The same order was given to certain of his fellows , for M. Heriots : so for all the rest of our better sort, all our houses at one instant being set on fire as afore is said , and that as well for them of the fort, as for us at the town . Now to the end that we might be the fewer in number together, and so be the more easily dealt withal (for in deed ten of us with our arms prepared, were a terror to a hundred of the best sort of them,) they agreed and did immediately put it in practice , that they should not for any copper sell us any victuals whatsoever: besides that in the night they should send to have our weirs robbed, and also to cause them to be broken, and once being broken never to be repaired again by them. By this means the King stood assured, that I must be enforced for lack of sustenance there, to disband my company into sundry places to live upon shell fish, for so the Savages themselves do , going to Hatorask, Croatoan, and other places, fishing and hunting, while their grounds be in sowing, and their corn growing: which failed not his expectation. For the famine grew so extreme among us, or weirs failing us of fish, that I was enforced to send Captain Stafford with 20. with him to Croatoan my Lord Admirals Island to serve two turns in one, that is to say, to feed himself and his company, and also to keep watch if any shipping came upon the coast to warn us of the same. I sent M. Pridiox with the pinnesse to Hatorask, and ten with him, with the Provost Marshal to live there, and also to wait for shipping: also I sent every week 16. or 20. of the rest of the company to the main over against us, to live of Casada and oysters.

In the mean while Pemisapan went of purpose to Dasaonquepeio for three causes: The one to see his grounds there broken up, and sowed for a second crop: the other to withdraw himself from my daily sending to him for supply of victual for my company, for he was afraid to deny me any thing, neither durst he in my presence but my color and with excuses, which I was content to accept for the time, meaning in the end as I had reason, to give him the jump once for all: but in the mean whiles, as I had ever done before, I and mine bare all wrongs, and accepted of all excuses.

My purpose was to have relied my self with Menatonon , and the Chaonists, who in truth as they are more valiant people and in greater number then the rest, so are they more faithful in their promises, and since my late being there had given many tokens of earnest desire they had to join in perfect league with us, and therefore were greatly offended with Pemisapan and Weopomeiok for making him believe such tales of us.

The third cause of this going to Dasamonquepeio was to dispatch his messengers to Weopomeiok, and to the Mandoages as aforesaid: all which he did with great loan of copper in hand, making large promises to them of greater spoil .

The answer within few days after came from Weopomeiok, which was divided into two parts. First for the King Okisko , who denied to be of the party for himself , or any of his special followers, and therefore did immediately retire himself with his force into the main : the other was concerning the rest of the said province who accepted of it: and in like sort the Mandoags received the .

The day of their assembly aforesaid at Roanoke was appointed the 10. of June: all which the premises were discovered by Skyco , the King Menatonon his son my prisoner, who having once attempted to run away, I laid him in the shackles , threatening to cut off his head, whom I remitted at Pemisapans request: whereupon he being persuaded that he was our enemy to the death, he did not only feed him with himself , but also made him acquainted with all his practices . On the other side, the young man finding himself as well used at my hand , as I had means to show , and that all my company made much of him, he flatly discovered all unto me, which also afterwards was revealed unto me by one of Pemisapans own men, that night before he was slain .

These mischiefs being all instantly upon me and my company to be put in execution, it stood me in hand to study how to prevent them, and also to save all others, which were at that time as aforesaid so far from me: whereupon I sent to Pemisapan to put suspicion out of his head, that I meant presently to go to Croatoan, for that I had heard of the arrival of our fleet , (though I in truth had neither heard nor hoped for so good adventure,) and that I meant to come by him, to borrow of his men to fish for my company, & to hunt for me at Croatoan, as also to buy some four days provision to serve for my voyage.

He sent me word that he would himself come over to Roanoke , but from day to day he deferred, only to bring the Weopomeioks with him & the Mandoags, whose time appointed was within eight days after. It was the last of May 1586 when all his own Savages began to make their assembly at Roanoke , at his commandment sent abroad unto them, and I resolved not to stay longer upon his coming over, since he meant to come with so good company, but thought good to go and visit him with such as I had, which I resolved to do the next day: but that night I meant by the way to give them in the Island a sudden attack , and at the instant to seize upon all the canoes about the Island, to keep him from advertisements.

But the town took the alarm before I meant it to them: the occasion was this. I had sent the Master of the light horseman, with a few with him, to gather up all the canoes in the setting of the Sun, & to take as many as were going from us to Dasamonquepeio, but to suffer any that came from thence, to land. He met with a Canoe going from the shore, and overthrew the Canoe , and cut off two Savages heads: this was not done so secretly but he was discovered from the shore; whereupon the cry arose: for in truth they, privy to their own villainous purposes against us, held as good spy upon us, both day and night, as we did upon them.

The alarm given, they took themselves to their bows , and we to our arms : some three or four of them at the first were slain with our shot: the rest fled into the woods. The next morning with the light horsemen & one Canoe taking 25 with the Colonel of the Chesepians, and the Sergeant major, I went to Dasamonquepeio: and being landed, sent Pemisapan word by one of his own Savages that met me at the shore, that I was going to Croatoan, and meant to take him in the way to complain unto him of Osocon , who the night past was conveying away my prisoner, whom I had there present tied in an handlock . Hereupon the king did abide my coming to him, and finding my self amidst seven or eight of his principal Weroances and followers, (not regarding any of the common sort) I gave the watch-word agreed upon, (which was, Christ our victory) and immediately those his chief men and himself had by the mercy of God for our deliverance, that which they had purposed for us. The king himself being shot thorow by the Colonel with a pistol , lying on the ground for dead, & I looking as watchfully for the saving of Manteos friends, as others were busy that none of the rest should escape, suddenly he started up, and ran away as though he had not been touched, insomuch as he overran all the company, being by the way shot through the buttocks by mine Irish boy with my petronell. In the end an Irish man serving me, one Nugent , and the deputy provost, undertook him; and following him in the woods, overtook him: and I in some doubt least we had lost both the king & my man by our own negligence to have been intercepted by the Savages, we met him returning out of the woods with Pemisapans head in his hand.

This fell out the first of June 1586, and the eight of the same advertisement to me from captain Stafford, lying at my lord Admirals Island, that he had discovered a great fleet of three and twenty sails : but whether they were friends or foes, he could not yet discern . He advised me to stand upon as good guard as I could.

The ninth of the said month he himself came unto me, having that night before, & that same day travelled by land twenty miles: and I must truly report of him from the first to the last; he was the gentleman that never spared labor or peril by land or water, fair weather or foul , to perform any service committed unto him.

He brought me a letter from the General Sir Francis Drake, with a most bountiful and honorable offer for the supply of our necessities to the performance of the action we were entered into; and that not only of victuals, munition, and clothing, but also of barks, pinnesses, and boats; they also by him to be victualled, manned, and furnished to my contentment .

The tenth day he arrived in the road of our bad harbor : and coming there to an anchor , the eleventh day I came to him, whom I found in deeds most honorably to perform that which in writing and message he had most courteously offered, he having aforehand propounded the matter to all the captains of his fleet, and got their liking and consent thereto.

With such thanks unto him and his captains for his care both of us and of our action, not as the matter deserved, but as I could both for my company and my self , I (being aforehand prepared what I would desire) craved at his hands that it would please him to take with him into England a number of weak and unfit men for my good action, which I would deliver to him; and in place of them to supply me of his company with oar -men, artificers, and others.

That he would leave us so much shipping and victual , as about August then next following would carry me and all my company into England, when we had discovered somewhat, that for lack of needful provision in time left with us as yet remained undone.

That it would please him withal to leave some sufficient Masters not only to carry us into England, when time should be, but also to search the coast for some better harbor , if there were any, and especially to help us to some small boats and oar -men.

Also for a supply of muskets , hand weapons, match and lead, tools , apparel , and such like.

He having received these my requests, according to his usual commendable manner of government (as it was told me) calling his captains to counsel ; the resolution was that I should send such of my officers of my company as I used in such matters, with their notes, to go aboard with him; which were the Master of the victuals, The Keeper of the store, and the Vicetreasurer: to whom he appointed forthwith for me The Francis, being a very proper barke of 70 tons , and took present order for bringing of victual aboard her for 100 men for four months , with all my other demands whatsoever, to the uttermost.

And further, he appointed for me two pinnesses, and four small boats: and that which was to perform all his former liberality towards us, was that he had gotten the full assents of two of as sufficient experimented Masters as were any in his fleet, by judgement of them that knew them, with very sufficient troops to tarry with me, and to employ themselves most earnestly in the action, as I should appoint them, until the term which I promised of our return into England again . The names of one of those Masters was Abraham Kendall , the other Griffith Herne .

While these things were in hand, the provision aforesaid being brought, and in bringing aboard , my said Masters being also gone aboard , my said barks having accepted of their charge, and mine own officers, with others in like sort of my company with them (all which was dispatched by the said General the 12 of the said month ) the 13 of the same there arose such an unwonted storm , and continued four days , that had like to have driven all on shore, if the Lord had not held his holy hand over them, and the General very providently foreseen the worst himself , then about my dispatch putting himself aboard : but in the end having driven sundry of the fleet to put to Sea the Francis also with all my provisions, my two Masters, and my company aboard , she was seen to be free from the same, and to put clear to Sea.

This storm having continued from the 13 to the 16 of the month , and thus my bark put away as aforesaid , the General coming ashore made a new proffer unto me; which was a ship of 170 tons , called the Barke Bonner, with a sufficient Master and guide to tarry’ with me the time appointed, and victualled sufficiently to carry me and my company into England, with all provisions as before: but he told me that he would not for any thing undertake to have her brought into our harbour, and therefore he was to leave her in the road, and to leave the care of the rest unto my self , and advised me to consider with my company of our case, and to deliver presently unto him in writing what I would require him to do for us: which being within his power, he did assure me as well for his Captains as for himself , should be most willingly performed.

Hereupon calling such Captains and gentlemen of my company as then were at hand, who were all as privy as my self to the Generals offer: their whole request was to me, that considering the case that we stood in, the weakness of our company, the small number of the same, the carrying away of our first appointed bark , with those two especial Masters, with our principal provisions in the same, by the very hand of God as it seemed, stretched out to take us from thence; considering also, that his second offer, though most honorable of his part, yet of ours not to be taken, insomuch as there was no possibility for her with any safety to be brought into the harbor : seeing furthermore, our hope for supply with Sir Richard Greenvill , so undoubtedly promised us before Easter, not yet come, neither then likely to come this year , considering the doings in England for Flanders, and also for America, that therefore I would resolve my self with my company to go into England in that fleet, and accordingly to make request to the General in all our names, that he would be pleased to give us present passage with him. Which request of ours by my self delivered unto him, he most readily assented unto: and so he sending immediately his pinnesses unto our Island for the fetching away of a few that there were left with our baggage, the weather was so boisterous, & the pinnesses so often on ground, that the most of all we had, with all our Cards, Books and writings were by the Sailors cast overboard , the greater number of the fleet being much aggrieved with their long and dangerous abode in that miserable road.

From whence the General in the name of the Almighty, weighing his anchors (having bestowed us among his fleet) for the relief of whom he had in that storm sustained more peril of wreck then in all his former most honorable actions against the Spaniards , with praises unto God for all, set sail the nineteenth of June 1586, and arrived in Portsmouth the seven and twentieth of July the same year .

jwills@student.rcc.edu

ps Im sorry for waiting this long to ask for help. shame on me.