37. Item: whereas ther hath bin severall directions given to the former Governor for fixing the tenants uppon the lands as well belonging to the Governor place as other the officers seated by the Governor, which uppon pretences hath bin allowed and neglected and the men lett out to the heir; wee requier you that hereafter no officer bee permitted to lett out his tenants, butt settle them uppon the lands sett out for his place, enjoining them to enclose gardens, build howses, deviding them into families or societies, to place them upon the land appropriated to his office, excepting onlie the Counsell shall have power to make a convenient order at one of the quarter sessions to dispence with this article for the space of six months & that in case onlie of extreeme necessitie.
38. Item: the Governor, onlie for the time being, shall summon Counsells and sine warrants & execute or give athoritie for execution of the Counsells orders, except in cases which seeme to appertaine to the imediate execucions of Liftenant Generall, Marshall, Tresuror, or deputies, wherin according to ther severall comissions or by a conceaved order from a quarter counsell the officers are severallie directed and authorised.
39. The Governor for the time being shall have absolute power and authoritie according to the implicacion of his particular commission to direct, determine and punish at his good discretion any emergent buissnes, neglect or contempt of authority in any kind or what soever negligence or contempt may bee found in any person ther residing or being, except only those of the Counsell for ther on persons whoe are in such cases to bee summoned to appeare at the next quarter session of the Counsell holdne ther abide ther censure; in the meane time if the Governor shall thinke itt may concerne either the quiett of that state to proceed more speedily with such an offendor, itt shall bee lawful to summon a Counsell extreordinarie, wherat six of the Counsell at lest are to bee present with the said Governor and by the main parte of ther voices committ any Counsellor to saife custody or upon baile to appere and abide the order of the nextt quarter counsell.
40. Everie order and decree of the Counsell of State shalbe concluded by the major parte of voices at that Assembly, wherin the Governor for the time being is to have a casting voice if the nomber of Counsellors should bee even or should bee equally devided in oppinnion; neverthelesse reserving to the said Governor a negative voice att any Generall Assembly according to a former comission granted.[[26]]
41. Item: wee pray you likewise to take into your care the protexcion of the people, that they suffer no wrong by the engrossing commodity & forestalling the marketts, butt preserve them open for all men freely or indifferently to buy or sell.
42. Item: wee requier you expecially to see the publicke labors to bee from time to time equally charged & burdned for the people that one mans tenants bee nott favored above others or officers tenants favored more then those of the puplique; and to the end those services may fall as easy to all ports as may bee, wee thinke in the punishment of all enormus misdemeanors, &c., ill deservers bee condemned to a nomber of days works for puplique use & building, or to finnishing of a fence or dike, or to cariage or roweing according to the meritt of the offence.
43. Item: where as the Right Honourable the Earle of Pembroke with divers his associates have undertaken to plaint thirty thousand acres of land in Virginia, we therfore intreat you to make choice of the best seate on that river that is not yett inhabited; and herin to take the advise of Mr. Leech, whoe now goes over to veiw the cuntrie and to bee enployd in that plantacion which being sett out wee desier to be informed therof.
44. Item: as wee hold itt most necessarie that you provide for the generall safety and securing of your selves and estats together, so doe wee conceave it a matter of exceeding great advantage & incouragment to discover everie day farther by the sea coast and within land about which wee requier you to conceave a fitting course from time espetiallie to find good fishing betweene James river and Cape Cod or any wher within our limmittes wherin wee suppose the new trade of commodities found wilbe like to recompence the troble and charge bestowed therin, for wee are certainely informed that the Dutchmen within 20 or 30 leagues of your plantacion steile a trade for furrs, &c., to ther verie great gaine & content.
45. Item: for as much as planting of staple commodities is useuallie much advanced by example taken one from another, wee expect that the cheif officers by ther owne particular employment of ther people & land, & setting forth the benifitts & hopes of such endeavors, shall exceedinglie advance the state of commodity and trade.
46. Item: wee doe moreover requier that according to your oaths and severall charges your thoughts & endeavors be unanimouslie employed for performance of our instructions in generall, & particuler that chieflie aiminge at the establishment of the Colonie your selves & all of us that have endeavorid therein may bee comforted in a happie apparence of prosperity of the plantacion which wilbe glorious before God and infinitt honor, strenght & profitt to our King & Cuntry.