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A08764 Orders and constitutions, partly collected out of his Maiesties letters patents; and partly by authority, and in vertue of the said letters patents: ordained vpon mature deliberation, by the gouernour and company of the city of London, for the plantation of the Summer-Islands: for the better gouerning of the actions and affaires of the said company and plantation. 6. Febr. 1621; Laws, etc. 1621-02-06 Bermuda Islands. 1622 (1622) STC 1905; ESTC S104552 33,149 90

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the Ilands both from forraine Inuasion and intestine Mutinies In which case hee hath authority to exercise Martiall Law according to the manner and forme limited by his Maiesties Letters Patents 133. It is also his duty to haue an eye vpon the Ministers as well that the people performe their duty toward them and vse them with all due respect and reuerence as also that they performe the duty of their place in duly obseruing the solemne Diuine seruice and training vp the People in the true feare of God and obseruance of his Commandements In assured allegiance also and duty to the King his Heires and Successors In obedience also to all other subordinate Gouernours and Gouernment placed ouer them by authority deriued from his Maiesty And lastly in a fraternall loue and vnity among themselues In all which the example of the Magistrates and Ministers will bee of more force then any other perswasion whatsoeuer 134 It is the Gouernors Office to haue care of the due administration of Iustice to all the People as well in cases Criminal as Ciuill wherin the equity of the Lawes of England forme of administration of Iustice here vsed is to bee followed as much as may be Neuerthelesse the Gouernour of himselfe alone shall not make any order in Causes litigious without both parties consent but shall heare and determine Causes with the Councels assistance and assent in such manner as shall bee hereafter set downe 135. In all Causes ciuill brought to the Gouernour and Councell at the first instance they may proceed to hearing and determining therof in their ordinary sittings But if it be brought to them by appeale from some other Inferiour Officers Or if appeale be made from themselues the Tryall thereof shall bee reserued to the next Generall Sessions 136. The Gouernour shall not proceed as of himselfe alone to the Corporall punishment of any man other then three daies imprisonment If the crime deserue higher punishment hee shall proceede by the aduice and assent of the Counsell Prouided alwaies that matters of Treason Murder and Felony also of Forgery Periury Conspiracy and such like be reserued to bee tryed at the next Generall Sessions according to the Lawes and formes of Triall vsed in this Realme 137. The Gouernour in the Summer-Ilands hath power granted by his Maiesty to minister a formall Oath to any person there whosoeuer for the examination testifying and cleering of the truth in any cause whatsoeuer as well concerning the Plantation as any other particular businesse there arising for the maintenance of Peace and Iustice amongst the Inhabitants Of which power hee shall make vse there in all such causes and to all such persons as the like is done by the Iudges and Iustices of this Realme 138. The Gouernour shall not suffer any man to depart from the Summer-Ilands against whom there is any cause or suit in Law depending vnlesse the Defendant shall first substitute an Atturney sufficient to answere and vndergoe the Suit in his place and also enter into bond with two sufficient Sureties to performe whatsoeuer Sentence shall passe against him And if the Gouernour and Councell see probable cause to conceiue that the Suit is set on foot vpon malice and to stop the Defendant from his intended iourney in that case the Plaintiffe shall likewise giue good security to pay to the Defendant double costs and damages if the Sentence passe not against him 139. The Gouernour is to hold two generall Sessions in euery yeere at times to be appoynted by the generall Assembly hereafter mentioned whereunto euery Tribe shall send sixe men chosen by themselues to serue for that Tribe and the common Land twelue and all other hauing businesse or summoned by the Gouernour and Councell may and shall repaire thither and make their appearance And no man shall depart till the Sessions be ended without leaue of the Gouernour 140. The Gouernour shall also in euery second yeere once hold a generall Assembly for the making of Lawes and Orders for the particular necessities and occasions of those Ilands and the Inhabitants thereof and for the ordering of other important businesse which Lawes and Orders shall no further forth be of force and validity if they receiue not confirmation afterward in a Quarter Court heere In this Assembly the Gouernour shall sit as President to moderate the Assembly and shall haue a Negatiue voyce The Councell shall sit next to him and each haue his seuerall voyce but if they all ioyne in one opinion that also shall haue the force of another Negatiue And lastly each Tribe shall by Election send out foure able persons to represent that Tribe and the Occupiers of common Land eight who shall haue likewise free voyces in that Assembly where all things shall bee established by plurality of voyces the foresaid Negatiues reserued 141. Lastly it is the Gouernours duty to ouersee all inferiour Officers that they performe their duties To which end he shall minister a formall Oath to all other Officers and inferiour Ministers in the said Ilands whatsoeuer for the iust true and faithfull discharge of their seuerall places duties and seruices 142. The Gouernour shall not impose any Fines or Amercements for his owne behoofe But all Fines Amercements Forfaitures and Confiscations shall accrew to the publike seruice of the Plantation or to such other vses as are before or shall be heereafter particularly expressed to be leuied and kept by the Sheriffe and to be expended or paid ouer by direction of the Gouernour and Councell 143. The Gouernour shall not lay any Taxes or Impositions vpon the Lands in the Summer-Ilands or vpon the People or Commodities otherwise then by the authority of the generall assembly to bee leuied and imployed as the said Assembly shall appoynt 144. The Gouernour shall not withdraw the Inhabitants from their priuate labours to any seruice of his owne vpon any colour whatsoeuer And in case the publike necessity require imployment of many hands before the holding of a generall Assembly to giue order for the same In that case the leuying of men shall be done by order of the Gouernour and whole Body of the Councell and that in such sort as to be least burthensome to the people and most free from partiality 145. The Gouernour shall not grant leaue to nor suffer the Tenant or seruant of any man to returne into England or otherwise to depart from the occupying of his Landlords or Masters Land before the time of his Couenant be fully expired except the Owner of the Land vnder his hand and Seale giue consent thereto 146. The Gouernour also in quality of Captaine Generall shall haue care that the people be trained vp to Military seruice and shall from time to time giue seasonable aduertizmēt for prouision of Shot Powder and other Ammunition to be made Hee shall also haue yeerely a generall Muster or view of Armes And shall yeerely returne to the Company a list of the names of all the trained Bands
ORDERS AND CONSTITVTIONS PARTLY COLlected out of his Maiesties Letters Patents and partly by authority and in vertue of the said Letters Patents Ordained vpon mature deliberation by the Gouernour and Company of the City of LONDON for the Plantation of the SumMER-ILANDS for the better gouerning of the actions and affaires of the said Company and Plantation 6. Febr. 1621. AT LONDON Imprinted by FELIX KYNGSTON 1622. Orders and Constitutions partly collected out of his Maiesties Letters Patents and partly by authority and in vertue of the said Letters Patents ordained vpon mature deliberation by the Gouernour and Company of the City of London for the Plantation of the Summer-Ilands for the better gouerning of the Actions and Affaires of the said Company and Plantation 6. February 1621. THE FIRST PART The Company 1. THe Company of Summer-Ilands consisteth of the Free-holders and Owners of Land there Neuerthelesse no man shall be admitted into this Company or haue voyce in any election or other businesse in quality of a Free-holder or Owner of Land that is not Owner of one entire Share at the least of the foure hundred and fiue shares into which the eight Tribes of the said Summer-Ilands are diuided Prouided alwayes that the Owners by Ioynt-tenancy Coparcinary or otherwise as Tenants in common if the number of their persons exceed not the number of their Shares so held may be admitted into the said Company and haue each their seuerall voyces but if the number of their persons exceed they shall or may present one to haue voyce for them all 2. No man though hauing right shall presume to be present at the Assemblies of the said Company before he be solemnly admitted by the Gouernour or Deputie of the said Company in a Generall Court which admittance shall neither bee granted where it is not due nor denyed or delayed where it is apparantly due 3. No person by reason of minority of yeeres hauing otherwise right shall bee excluded from being present at the Generall Assemblies of the said Company but yet shall not be admitted to haue voyce in any Election or other businesse whatsoeuer till he haue accomplished the full age of eighteene yeeres Courts 4. THere are foure great Generall Courts commonly called Quarter Courts appointed to be held by the Gouernour Assistants and Company for the Summer-Ilands vpon the foure last Wednesdayes of euery Terme which onely haue and shall haue power to chuse Officers as well for the Company here as also for the Colony and Planters in the Summer-Ilands to make Lawes and Ordinances to distribute and dispose of the Lands in the Summer-Ilands as well for the publique good of the Company and Colony as also agreeable to euery mans particular right And lastly to settle the matter of Trade for behoofe of the Company and Colony 5. Euery Friday before a Quarter Court shall bee held a Court to prepare all kind of businesse reserued to the power of a Quarter Court to determine 6. Euery Wednesday fortnight reckoning from the great Courts shall also bee held an ordinary Court for this Company for dispatch of ordinary and extraordinary businesse And it is not to bee counted a perfect Court vnlesse the Gouernour or Deputy be there and seuen of the Assistants 7. It shall bee in the power of the Gouernour or Deputy in his absence vpon extraordinary cause to call an extraordinary Court 8. It shall not be in the power of any other then a Quarter Court to make any contract saue for the setting out of Ships whereby either to charge the Company or otherwise to binde the Company for any continuance of time In which case it shall bee proposed also in the Preparatiue Court next preceding 9. Publique businesse shall haue precedence in the Courts before priuate vnlesse there bee extraordinary important cause to the contrary 10. If any thing ordered in an ordinary or lesser Court be afterward reuersed in one of the foure great and Generall Courts it shall be from thence forward as though it had neuer been so ordered 11. All Courts shall begin at two of the Clocke in the afternoone and dissolue at the rising of the Gouernour or of the Deputy in his absence 12. Nothing shall be put to the question after sixe of the clocke in the afternoone yet by order of the same Court to be made before sixe the debating and concluding of any particular businesses mentioned in the said Order may continue on longer as the matters then in handling shall require 13. If the businesse for the Quarter Courts grow very great it shall be in the power of the Gouernour or Deputy with allowance of the Preparatiue Court next preceding to assemble the Quarter Courts both in the forenoones at eight of the clocke and in the afternoones of the dayes appoynted for them Neuerthelesse in regard the meetings in the afternoones haue beene obserued to bee alwayes farre greater then in the mornings It shall be in the power of the same Quarter Court in the afternoone to disauow and reuerse any thing passed in the morning to which purpose the morning Court shall be first read 14. The Company shall be summoned to the Quarter Courts and Courts extraordinary by the Officer but of the ordinary Courts themselues shall take notice And the Secretary shall keepe a Booke of the proceedings of the Courts who with the husband and other Officers shall at all Courts giue diligent attendance 15. It shall be lawfull at a Generall Court and with consent thereof to dispence with all meetings in long vacations or in such part of them as may bee spared vnlesse some extraordinary matter befall In which case may be called extraordinary Courts 16. The Gouernour and Company being a Body and Communalty perpetuall shall haue one faire and common legall Seale to be kept by the Gouernour and not to be affixed to any Grants or Instruments whatsoeuer otherwhere then in publike Courts or by expresse warrant from thence Elections 17. AT the Great and Generall Court commonly called the Quarter Court in Easter Terme all Officers of this Company shall be voyd and the Court shall proceed to Election of new Officers in manner following 18. The Gouernour soone after the beginning of the Court to be held in the afternoone of that day at the giuing vp of his Office shall declare by word or writing the present estate of the Colony and Planters in the Summer-Ilands And the Treasurer at the same time shall deliuer into the Court a Booke of his Accounts for the yeere then ended examined and approued vnder the Auditors hands declaring withall the present estate of the Cash which booke shall lye open in euery Court to bee viewed by all men till the next Quarter Court and shall then be laid vp in the Chest of the Companies euidences 19. This done the Gouernour shall leaue his place and the Court without intermixing of other businesse shall proceed to Election of Officers for the yeere insuing first of a