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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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account wherein the Body of the Company is interessed but being appoynted in the face and with the approbation of the Court. 64. All Accountants whatsoeuer and Auditors extraordinary if the Court so require shall haue an Oath ministred vnto them in the face of the Court the one for true accounting the other for true auditing 65. No account shall bee held cleered nor Accountant discharged till the account being approued vnder the Auditors hands bee presented to the Court and there lye openly in Court two Court dayes to bee viewed by any that are so disposed 66. If exception bee taken to any account whatsoeuer the Court shall proceed to reuiew as in like case of the Treasurer If no exception bee taken in the two Court dayes or vpon the reuiew returned and the account approued the Gouernour then or Deputy in his absence shall signe the account in open Court whereby the Accountant shall bee cleerly discharged 67. If any Officer or other Accountant bee slow in bringing in his accounts to the Auditors ordinary or extraordinary or within one moneth after his account is perfect doe not pay the Cash the due Summe remaining vnlesse the Court see cause to giue longer time the Auditors or Treasurer shall impart the same to the Court that order be thence giuen for redresse thereof 68. If any man be found indebted to the Company by any meanes whatsoeuer and being required shall refuse or forbeare to pay the said Debt the same shall be leuied vpon such profits and commodities as hee either hath in the Summer-Ilands or shall be returned hither from thence wherein hee shall stand to the iudgement of the Court. Secretary 69. THe Secretary shall attend the Gouernour and Deputy in such seruice of the Company as wherein they shall haue cause to vse him And besides the generall Courts hee shall of duty attend the Courts of Assistants and keepe seuerall Bookes of their proceedings The Principall Assistants Auditors and Committies extraordinary he shall then also attend when and so often as hee shall bee thereunto required 70. He shall be bound by oath to keepe secret all matters of secresie and not to discouer the proceedings of the Principall Assistants and Committies extraordinary till such time as themselues shall publish the same 71. The Secretary vpon reference of any businesse from the Court to a select Committie shall giue a note to the Officer containing the businesse time and place 72. His Office is also to be a Remembrancer to the generall Courts and to the Courts of Assistants for the prosecuting and performing of matters formerly ordered as also touching Motions formerly made and referred to speciall Committies or other further consideration 73. If at any time a generall Court shall order any money to be issued out of the Cash the Secretary vnder his hand shall deliuer a Copy thereof to the Auditors if it be of old Debts and if otherwise then to the Deputy and Assistants who respectiuely shall vnder that Order make their warrant for payment of that money vnlesse they finde the Court by wrong information to haue been abused and deceiued in that order whereof at the next Court they shall giue aduertizement 74. The Secretaries Office is to keepe the Bookes of the Company and fairely and orderly to enter in them the particulars heere-vnder expressed and in such manner as hee shall bee directed by the Gouernour Deputy or Auditors First a Booke containing the Copies of the Kings Letters Patents to the Company Likewise of all Grants from the Company for Virginia Also of all Letters Orders Directions and other Writings from his Maiesty the Lords of the Councell and other great Officers concerning the Company and Affaires of the Summer-Ilands together with the answeres made vnto them 75. A second Booke shall bee kept of all the Lawes and Standing Orders established henceforward in the Quarter Courts and beginning with this day as well such as concerne the Gouernment of the Company and businesse heere as also the Gouernment of the Colony and Affaires in the Summer-Ilands 76. In a third Booke shall bee registred all the Patents Charters and Indentures of validity heretofore granted or that hereafter shall bee granted by the Gouernour and Company all Instructions all publike Letters written to the Summer-Ilands or from thence returned 77. A fourth Booke shall bee of the Acts of the generall Courts beginning with a new Booke at the Quarter Court in Easter Terme last In which Booke vpon any cause controuerted and debated the Secretary shall haue care to set downe exactly the resolution and conclusion of the Court together with the principall reasons inducing thereunto but shall not set downe other passages of speech nor the parties names that were of other opinion 78. A fifth Booke shall bee of the Acts of the Assistants beginning from the same Court. In which Booke shall be registred all Invoyces of the prouisions sent to the Summer-Ilands and the Certificats of the Receits to be thence returned as likewise the Invoyces of the Goods sent from the Summer-Ilands with the Husbands Certificats of the receit or defect 79. In the sixth Booke shall be registred the names of all the Aduenturers and Owners of Land in the Summer-Ilands together with the number of Shares to each person belonging according to the seuerall Tribes wherein they are placed Here shall also bee entred the lawfull transports of Shares Both which shall first bee published and allowed in a generall Court and not registred in this booke but by direction from thence 80. The Secretary shall also keepe safe in the Companies Chest of Euidences the Originals of all the Letters Patents and other writings afore mentioned all the bookes also aforesaid all the Gouernours and Treasurers bookes of their yeerely accounts the Husbands bookes of accounts of euery voyage to the Summer-Ilands and all other accounts perfected and approued by the Auditors In the same Chest shall bee kept all Charter-parties as well cancelled as vncancelled all bonds made to the Company or for their vse and all bonds of the Companies discharged and cancelled and all other writings and muniments whatsoeuer belonging to the Company and the Secretary shall deliuer out none of the Companies writings but by direction from the Gouernour Deputy or Court taking a note of the parties hand for the true restoring of them and in conuenient time hee shall make Calenders of all the foresaid writings The said Chest of Euidences shall haue two strong lockes to it the key of the one shall bee kept by the Gouernour or Deputy and the key of the other by the Secretary 81. The Secretaries Salary shall be for the present ten pounds per annum and when the publike Land shall be thorowly planted then twenty pounds and of his paines extraordinary the Court shall take consideration Booke-Keeper 82. THe Booke-keeper at such time as hee shall bee be found to be necessary shall be directed and ordered by the Treasurer and Auditors and shall receiue
Gouernour then of a Deputy afterward of the Assistants next of a Treasurer after that of the Auditors and lastly of the Secretary Book-keeper Husband and Beadle 20. At the choyce of each Officer the persons nominated to stand in Election shall withdraw themselues till the party chosen bee publikely so pronounced And generally no man shall bee present in the Court whilest himselfe or his matter passeth the iudgement of the Court. 21. In regard of the waighty businesse of this Company which is also like to increase no man shall be chosen Gouernour of the Company of the Summer-Ilands who at the time of his Election is Gouernour of any other Company except it seeme good for the behoofe of both Companies that the same man haue the gouernment both of this Company and of that for Virginia 22. It is for waighty reasons thought very expedient and so ordered that no man continue in the place of Gouernour Deputy or Treasurer of this Company aboue three yeeres at once 23. For the auoyding of diuers inconueniences It is thought fit and so ordered that all elections of Principall Officers in or for the Summer-Ilands as also of the Gouernour and Deputy here be performed by a ballating box as in some other Companies 24. Euery Officer as hee is chosen shall openly in Court take his Oath or if he bee absent at the next Court he commeth to 25. The Gouernour Deputy and Treasurer hauing no certaine allowance for their cares and labours the rewarding of these former Officers according to their deserts is referred to the pleasure of the Court wherein new Officers are chosen Gouernour 26. THe Gouernours duty is to keepe the ordinary Courts of the Summer-Ilands and vpon cause extraordinary to call Courts extraordinary And in all Courts and other meetings hee is to haue a casting voyce 27. He is to moderate the Courts in quality of a President and to cause grauity decency and good order to be obserued and for breach thereof after a graue admonition first giuen and preuailing to proceed to reformation by the iudgement of the Court. 28. He is to propound and put all things to the question which the Court requires the same not being contrary to his Maiesties Letters Patents or Instructions nor to the Standing Lawes and Orders of the Company vnder paine of being immediately put from his office if he refuse in which case the Deputy shall doe it vnder the like paine And if hee refuse then any of the assistants there present 29. The Gouernour is to haue care that the extraordinary Committies appoynted by the Courts to seuerall businesse doe prosecute the same and giue seasonable account of their doings to the Court 30. He is also to haue an especial care that no Grant or Patent doe passe from the Company but vpon examination thereof by a select Committy who are exactly to obserue the Orders made concerning them And to this end with diuers others hee is to haue a vigilant eye on the Companies Seale which is to be committed to his custody that they be not wronged by abusing thereof 31. The Gouernour vpon receit of publike Letters from or concerning the Summer-Ilands shall assemble at least foure of the principall Assistants to impart them to them and by their assent shall cause them to bee read in Court vnlesse there bee some cause of secresie in which case hee shall communicate them with the Assistants onely In like sort the publike Letters and instructions to bee sent to the Gouernour and people in the Summer-Ilands or otherwise concerning them hee shall cause to bee publikely read and approued by the Court or Assistants as the case shall require And neither hee nor any other shall of his owne head or authority write or send any directions swaruing from such as the Court or Assistants shall giue vpon paine to be suspended from the Court for euer 32. The Gouernour shall assemble the Principall Assistants whom the Court shall particularly assigne to assist him vpon all waighty occasions requiring serious deliberation and shall haue care with them that the Lords of his Maiesties Priuie Councell be acquainted with all matters of extraordinary and greatest importance concerning the State 33. He is to doe his best that fit men bee chosen to the place of Assistants and being chosen is to haue care that they take their Oathes 34. The Gouernour is to haue care also that the generall Assistants keepe their Courts with the Deputie vpon all occasions of businesse 35. The Gouernour at his pleasure shall sit in any Assembly either of the Assistants or other Committies ordinary or extraordinary vnlesse the matter happen to concerne himselfe particularly Deputy 36. FOr matter of the Courts in the Gouernours absence the Deputy shall performe his Office and in his presence be assisting to him 37. He shall ouersee the Secretary for entring the Orders of Court and shall giue instructions for the writing of Letters as he shall be directed and haue care that accordingly they be written 38. The Deputy shall also keep the Courts of Assistants vpon all occasions requisite and at his pleasure shall also sit in any Assembly of Committies ordinary or extraordinary vnlesse the matter concerne himselfe and in all these in the Gouernours absence he shall haue a casting voyce 39. He shall suffer no warrant to be made and signed for issuing out of money but in the open Court of Assistants after due examination of the Cause vnto all which warrants his owne hand shall bee first set and after it other foure hands or more of the Assistants And the Deputie and Assistants shall not intermeddle with Disbursements for any other charges then such as arise within the compasse of their owne yeere 40. When a Warrant is directed to the Treasurer to pay any grosse Summe to the Deputie to be issued out by him and the Assistants for the vse of the Company in that case it shall not be requisite that the Deputies hand be to the Warrant so it be to the receit 41. Generally the Deputy shall ouer-see all inferiour Officers that they performe their duties Assistants 42. THe Assistants being to bee foure and twenty and to be yerely chosen there shall be a yeerly alteration made of one fourth part at the least to the end many be trained vp in the busines to which end the six new Assistants shall be first chosen 43. The Assistants Office is together with the Deputy to performe the orders of Courts for setting out Ships and buying prouisions for the Summer-Ilands wherein especiall care is to be had that neither the husband nor any one man alone bee intrusted with the making of those prouisions but two at the least to be appoynted thereunto by the Deputy and Assistants in their Court who shall also bring in their bils and accounts to bee examined and approued by the Assistants The like care shall they haue at the returne of Ships from the Summer-Ilands of the Goods belonging to the