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Instructions given by the right honourable the Lordes of the Counsell, to M. Edward Fenton Esquire, for the order to be observed in the voyage recommended to him for the East Indies and Cathay. Aprill 9. 1582.

FIRST you shall enter as Captaine Generall, into the charge and government of these shippes, viz. the Beare Gallion, the Edward Bonaventure, the Barke Francis, and the small Frigate or Pinnesse.

2 Item you shall appoint for the furnishing of the vessels in the whole, to the number of 200 able persons, accompting in that number the Gentlemen and their men, the Ministers, Chirurgians, Factors, &c. which sayd number is no way to be exceeded, whereof as many as may be, to be sea-men; and shal distribute them into every vessel, as by advise here before your going shal be thought meete: Provided that you shall not receive under your charge and governement, any disordered or mutinous person, but that upon knowledge had, you shall remoove him before your departure hence, or by the way as soone as you can conveniently avoide him, and receive better in his place.

3 Item, for the more and better circumspect execution, and determination in any waightie causes incident in this voyage, we will that you shall take unto you for assistants, Captaine Hawkins, captain Ward, M. Nicholas Parker, M. Maddox, M. Walker, M. Evans, Randolph Shaw, Matthew Talboys, with whom you shall consult and conferre in all causes, matters, and actions of importance, not provided for in these instructions touching this service now in hand. And in all such matters, so handled, argued, and debated, wee thinke that convenient alwayes to be executed, which you shall thinke meetest with the assent also of any 4 of them, the matter having bene debated, and so assented unto, in the presence of your said assistants. And in case that such conference and debating the opinions of the aforesaid Assistants be found in effect any way to differ, then it is thought meete, that all such matters so argued upon, shall rest to bee put in execution in such sort as you shal thinke most meetest, having the assent of any 4 of them, as aforesaid. And if any of these Assistants shal die, then the number of the one halfe of the Survivours to joyne with the General captaine for consent in all things aforesaid.

4 Of all which your assemblies and consultations, for the matters aforesaid, we thinke it very convenient, that a particular and true note should be kept, for which cause we appoint master Maddox minister, and if he should decease, then the Generall with halfe the Assistants Survivours, to name one to keepe a booke of all such matters as shall bee brought in consultation, and of all such reasons as shall be propounded by any person, either on the one side, or on the other: what was resolved on, and by whose consent, who dissented there from, and for what causes. In which book he shall in the beginning of the note of every such assembly, set downe particularly the day, and the place, if it may be, the names of the persons then present, and upon what occasion the sayd consulta tion was appointed or holden, and shall have to every acte, the handes of the General, and of all, or so many of the said Assistants as will subscribe: which booke the said master Maddox, or the other upon his decease appointed in his place shall keepe secrete, and in good order to bee exhibited unto us, at your returne home.

5 Item, if there happen any person or persons imployed in this service, of what calling or condition, hee or they shall be, should conspire, or attempt privatly or publikely, any treason, mutinie, or other discord, either touching the taking away of your owne life, or any other of authoritie under you, whereby her Majesties service in this voiage might bee overthrowne or impugned: we will therefore, that upon just proofe made of any such treason, mutinie, or any other discord attempted as aforesaid, the same shalbe punished by you, or your Lieuetenant, according to the qualitie and enormitie of the fact. Provided alwayes, and it shall not bee lawfull neither for you, nor for your Lieuetenant to proceede to the punishment of any person by losse of life or lim, unlesse the partie shall be judged to have deserved it by the rest of your Assistants, as is before expressed, or at the least by foure of them. And that which shall concerne life to be by the verdict of twelve men of the company employed in this voyage, to be impanelled for that purpose, with the observation of the forme of our countrey lawes in that behalfe, as neere as you may. Provided, if it shall not appeare, that the forbearing of the execution by death, shall minister cause to increase the facte of the offender, then it were better to convince the partie of his facte, by the othes of 12 indifferent persons, and to commit him to hard imprisonment, untill the returne. And aswell of the factes committed by any, as also of the proofe thereof, and of the opinions of you, and your Assistants, and the maner of the punishment, the Register shall make a particular and true note, in the booke of your consultation, as is before appointed.

6 Item, you shall not remoove Captaine William Hawkins your lieutenant, master Captaine Luke Ward your viceadmiral, or captaine of the Edward Bonaventure, nor captaine Carlile from his charge by land, whom we will not to refuse any such service as shall be appointed to him by the Generall and the councill, nor any captaine of other vessels from their charges, but upon just cause duely prooved, and by consent of your Assistants, or of foure of them at the least.

7 Item, for the succession of the Generall, governour of this whole voyage, if it should please God to take him away, it is thought meete that there should bee the names of such Gentlemen secretly set downe to succeede in his place one after the other, which are severally written in parchment, included in bals of waxe, sealed with her Majesties signet, put into two coffers locked with three severall locks, whereof one key is to bee in the custodie of Captaine Luke Ward, the other of William Hawkins, the third of master Maddox the Minister, and the same two coffers to bee put into two severall shippes, videlicet, the one coffer in the Gallion, in the custodie of the Generall, the other in the Edward Bonaventure in the custodie of the Viceadmirall: the same two coffers upon any such casualtie of the Generals death by consent of the Assistants which shall overlive, to bee opened, and the partie therein named to succeede in the place, who shall thereupon take upon him the charge in the said voiage according to these instructions, in such sort as if they had bene specially directed unto him, and the rest of the companie so to take and repute him in every respect, as they will answer to the contrary. But if it shall so fall out, (as we hope it will) that there shall bee no such neede, but that the Generall doe continue still, then shall you at your returne deliver backe the sayd coffers and bals of waxe sealed in such sort as they be, without opening them, unlesse it be in the case aforesayd.

8 You shall make a just and true inventorie in every ship and vessell appointed for this voyage of all the tackle, munition, and furniture belonging to them at their setting foorth hence, and of all the provisions whatsoever, and one copie thereof under your hand, and under the hands of your Viceadmirall and lieutenant, to be delivered to the Earle of Leicester, and the other to the governour of the companie for them before your departure hence, and the like to bee done at your returne home of all things then remaining in the sayd ships and vessels, with a true certificate how and by what meanes any parcell of the same shall have bene spent or lost.

9 Item, you shall use all diligence possible to depart from Southampton with your sayd ships and vessels before the last of this present moneth of Aprill, and so goe on your course by Cape de buena Esperanza , not passing by the streight of Magellan either going or returning, except upon great occasion incident, that shall bee thought otherwise good to you, by the advise and consent of your sayd Assistants, or foure of them at the least.

10 Item, you shall not passe to the Northeastward of the 40 degree of latitude at the most, but shall take your right course to the Iles of the Malucos for the better discovery of the Northwest passage, if without hinderance of your trade, & within the same degree you can get any knowledge touching that passage, whereof you shall do wel to be inquisitive, as occasion in this sort may serve.

11 Item, you shall have speciall regard after your departure from the coast of England , so to order your course, as that your ships and vessels lose not one another, but keepe companie together both outward and homeward. And lest if they happen to sever the one from the other by tempest or otherwise, it shall not bee amisse, that you appoint to the Captaines and Masters certaine places, wherein you will stay certaine dayes. And every ship passing aforehand, and not knowing what is become of the other ships, to leave upon every Promontorie or Cape a token to stand in sight, with a writing lapped in leade to declare the day of their passage. And if any wilfulnesse or negligence in this behalfe shall appeare in any person or persons that shall have charge of any of the ships or vessels aforesayd, or if they or any of them shall doe otherwise then to them appertaineth, you shall punish such offenders sharpely to the example of others.

12 Item, we do straightly enjoine you, and consequently all the rest imployed in this voyage in any wise, and as you and they will answere the contrary at your comming home by the lawes of this realme, that neither going, tarrying abroad, nor returning, you doe spoyle or take any thing from any of the Queenes Majesties friends or allies, or any Christians, without paying justly for the same, nor that you use any maner of violence or force against any such, except in your owne defence, if you shall be set upon or otherwise be forced for your owne safegard to do it.

13 Item, wee will that you deale altogether in this voyage like good and honest merchants, traffiquing and exchanging ware for ware, with all courtesie to the nations you shall deale with, as well Ethniks as others, and for that cause you shall instruct all those that shall goe with you, that whensoever you or any of you shall happen to come in any place to conference with the people of those parts, that in all your doings and theirs, you and they so behave your selves towards the sayd people, as may rather procure their friendship and good liking toward you by courtesie, then to move them to offence or misliking, and especially you shall have great care of the performance of your word and promise to them.

14 Item wee will, that by the advise of your Assistants, in places where you and they shall thinke most fit, you settle if you can a beginning of a further trade to bee had hereafter: and from such places doe bring over with you some fewe men and women if you may, and doe also leave some one or two, or more, as to you and your Assistants shall seeme convenient of our nation with them for pledges, and to learne the tongue and secrets of the countreys, having diligent care that in delivering and taking of hostages, you deliver not personages of more value then you receive, but rather deliver meane persons under colour of men of value, as the Infidels do for the most part use. Provided that you stay not longer to make continuance of further trade, then shall be expedient for good exchange of the wares presently carried with you.

15 Item you shall have care, and give generall warning, that no person of what calling soever hee be, shall take up, or keepe to himselfe or his private use, any stone, pearle, golde, silver, or other matter of commoditie to be had or found in places where you shall come, but hee the said person, so seased of such stone, pearle, golde, silver, or other matter of commoditie, shall with all speede, or so soone as he can, detect the same, and make deliverie thereof to your selfe, or you Viceadmirall, or Lieuetenant, and the Factor appointed for this voyage, upon paine of forfeiture of all the recompense he is to have for his service in this voyage by share or otherwise: and further to receive such punishment, as to you & your Assistants, or the more part of them shal seeme good, and otherwise to be punished here at his returne, if according to the qualitie of his offence it shalbe thought needfull.

16 Item, if the Captaines, Marchants or any other, shall have any apparell, jewels, chaines, armour, or any other thing whatsoever, which may bee desired in countreys where they shall traffique, that it shall not bee lawfull for them or any of them to traffique, or sell any thing thereof for their private accompt: but the same shall bee prized by the most part of those that shall bee in commission in the places where the same may be so required, rated at such value, as it may bee reasonably worth in England , and then solde to the profite of the whole voyage, and to goe as in adventure for those to whom it doeth appertaine.

17 Item you your selfe shall in the Gallion keepe one booke, and the Factors appointed for the same shippe another, wherein shall bee a just accompt kept, aswell of the merchandise carried hence, as of those you shall bring home. And aswell at your setting foorth, as from time to time, as exchange shalbe made, you shall set your hand to their booke, and they theirs to yours, and the like order shal you see that the Captaine and the Factors in the Edward Bonaventure shall use in their ship, and the other Captaines and Factors in each other vessell.

18 Item you shall give straight order to restraine, that none shall make any charts or descriptions of the sayd voyage, but such as shall bee deputed by you the Generall, which sayd charts and descriptions, wee thinke meete that you the Generall shall take into your hands at your returne to this our coast of England , leaving with them no copie, and to present them unto us at your returne: the like to be done if they finde any charts or maps in those countreys.

19 Item you shall at your returne so direct your course, that all the ships under your government may come home together, and arrive here in the river of Thames , if it may conveniently be. And wheresoever in this Realme you, or any of the shippes shall arrive, you shall give speciall and straight order, that no person of what condition soever he be, shall unlade, or bring on land, or forth of the vessels in which he came, any part or parcel of marchandize, or matter of commoditie brought in any of the sayd vessels, untill we being certified of your or their arrivall, shall give further order and direction therein, under the penalties and forfeitures expressed in the fifteenth article, against such as shall retaine any thing to their private use, as in the sayd article is further expressed.

20 Item, to the intent that all such persons as shall go with you in this voyage, may better understand what they ought to do, and what to avoid, we thinke it requisite, that aswell out of these, as otherwise with the advise of your Assistants and Masters of the ships, you shall cause some convenient order to bee set downe in writing for their better government both at sea and land, if they shall happen to goe on lande any where: and the same to bee openly read and made knowen unto them, to the intent they may understand how to behave themselves, and upon any fault committed, not to have any excuse to pretend ignorance, and so to avoid such punishment as it is requisite to have ministred for the keeping of them in good order.

21 And to the end God may blesse this voyage with happie and prosperous successe, you shall have an especiall care to see that reverence and respect bee had to the Ministers appointed to accompanie you in this voyage, as appertaineth to their place and calling, and to see such good order as by them shall be set downe for reformation of life and maners, duely obeyed and perfourmed, by causing the transgressours and contemners of the same to be severely punished, and the Ministers to remoove sometime from one vessell to another.

22 Provided alwayes, that the whole direction and government of the people, life and limme excepted, as in the fift article, and the course of this voyage, shall bee wholly at your disposition, except in the course by the Streight of Magellan, either outward or homeward, and in your passage by the Northward of 40 degrees in latitude, wherein you shall follow directions set downe in the nine and ten articles, as also in the displacing of the Captaine of the Edward Bonaventure, and other captaines, wherin you shall followe the order appointed in the sixt article: Provided that wee meane not by this article to derogate any thing from the authoritie of your assistants established in the third article, or in any other article of these instructions.

23 Item, in all occasions and enterprises that may fall out to bee upon the lande, wee will that Captaine Carlile shall have the generall and chiefe charge thereof.

24 And finally wee require you and every of you to have a due regard to the observation and accomplishment of these our instructions, and of all such other things, as may any kind of way tend to the furtherance and benefite of this service committed to your charge.

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