Page:The principal navigations, voyages, traffiques and discoveries of the English nation 16.djvu/171

 shalbe punished by you, or your Lieutenans, according to the qualitie and enormitie of the fact. Prouided alwayes, and it shall not bee lawfull neither for you, nor for your Lieutenant to proceede to the punishment of any person by losse of life or lim, vnlesse the partie shall be iudged to haue deserued 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 twelue men of the company employed in this voyage, to be impanelled for that purpose, with the obseruation of the forme of our countrey lawes in that behalfe, as neere as you may. Prouided, for 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 conuince the partie of his facte, by the othes of 12 indifferent persons, and to commit him to hard imprisonment, vntill 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 remooue Captaine William Hawkins your lieutenant, master Captaine Luke Ward your viceadmiral, or captaine of the Edward Bonauenture, nor captaine Carlile from his charge by land, whom we will not to refuse any such seruice as shall be appointed to him by the Generall and the councill, nor any captaine of other vessels from their charges, but vpon iust cause duely prooued, and by consent of your Assistants, or of foure of them at the least.

7 Item, for the succession of the Generall, gouernour 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 seuerally written in parchment, included in bals of waxe, sealed with her Maiesties signet, put into two coffers locked with three seuerall 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 seuerall shippes, videlicet, the one coffer in the Gallion, in the custodie of the Generall, the other in the Edward Bonauenture in the custodie of the Viceadmirall: the same two coffers vpon any such casualtie of the Generals death by consent of the Assistants which shall ouerliue, to bee opened, and the partie therein