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The First Virginia
Charter
April
10, 1606
James,
by the grace of God [King of England, Scotland, France, and Ireland,
Defender of the Faith], etc. Whereas our loving and weldisposed
subjects, Sir Thomas Gates and Sir George Somers, Knightes; Richarde
Hackluit, Clarke, Prebendarie of Westminster; and Edwarde Maria
Winghfeilde, Thomas Hannam and Raleighe Gilberde, Esquiers;
William Parker and George Popham, Gentlemen; and divers others of
our loving subjects, have been humble sutors unto us that wee woulde
vouchsafe unto them our licence to make habitacion, plantacion and
to deduce a colonie of sondrie of our people into that parte of America
commonly called Virginia, and other parts and territories
in America either appartaining unto us or which are not nowe actuallie
possessed by anie Christian prince or people, scituate, lying and
being all along the sea coastes between fower and thirtie degrees
of northerly latitude from the equinoctiall line and five and fortie
degrees of the same latitude and in the maine lande
betweene the same fower and thirtie and five and fourtie degrees,
and the ilandes thereunto adjacente or within one hundred miles of
the coaste thereof;
And
to that ende, and for the more speedy accomplishemente of theire saide
intended plantacion and habitacion there, are desirous to devide
themselves into two severall colonies and companies, the one consisting
of certaine Knightes, gentlemen, marchanntes and other adventurers of
our cittie of London, and elsewhere, which are and from time
to time shalbe joined unto them which doe desire to begin theire
plantacions and habitacions in some fitt and conveniente place between
fower and thirtie and one and fortie degrees of the said latitude
all alongest the coaste of Virginia and coastes of America aforesaid
and the other consisting of sondrie Knightes, gentlemen,
merchanntes, and other adventurers of our citties of Bristoll and
Exeter, and of our towne of Plymouthe, and of other places which
doe joine themselves unto that colonie which doe desire to beginn
theire plantacions and habitacions in some fitt and convenient place
betweene eighte and thirtie degrees and five and fortie
degrees of the saide latitude all alongst the saide coaste of Virginia
and America as that coaste lieth;
Wee,
greately commending and graciously accepting of theire desires to the
furtherance of soe noble a worke which may, by the providence of
Almightie God, hereafter tende to the glorie of His Divine Majestie in
propagating of Christian religion to suche people as yet live in
darkenesse and miserable ignorance of the true knoweledge and worshippe
of
God and may in tyme bring the infidels and salvages living in those
parts to humane civilitie and to a setled and quiet govermente,
doe by theise our lettres patents graciously accepte of and agree
to theire humble and well intended desires;
And
doe,
therefore, for us, our heires and successors, grannte and agree that
the saide Sir Thomas Gates, Sir George Sumers, Richarde Hackluit
and Edwarde Maria Winghfeilde, adventurers of and for our cittie
of London, and all suche others as are or shalbe joined unto them
of that Colonie, shalbe called the Firste Colonie, and they shall and
may beginne theire saide firste plantacion and seate
of theire firste aboade and habitacion at anie place upon the saide
coaste of Virginia or America where they shall thincke fitt and
conveniente
betweene the saide fower and thirtie and one and fortie degrees of
the saide latitude; and that they shall have all the landes, woods,
soile, groundes, havens, ports, rivers, mines, mineralls,
marshes, waters, fishinges, commodities and hereditamentes whatsoever,
from the said first seate of theire plantacion and habitacion by
the space of fiftie miles of Englishe statute measure all alongest
the saide coaste of Virginia and America towardes the weste and southe
weste as the coaste lieth, with all the islandes within
one hundred miles directlie over againste the same sea coaste; and
alsoe all the landes, soile, groundes havens, ports, rivers, mines,
mineralls, woods, marrishes [marshes], waters, fishinges, commodities
and hereditamentes whatsoever, from the saide place of theire firste
plantacion and habitacion for the space of fiftie like
Englishe miles, all alongest the saide coaste of Virginia and America
towardes the easte and northeaste [or toward the north] as the coaste
lieth, together with all the islandes within one hundred miles
directlie
over againste the same sea coaste; and alsoe all the landes, woodes,
soile, groundes, havens, portes, rivers, mines, mineralls,
marrishes, waters, fishinges, commodities and hereditamentes
whatsoever,
from the same fiftie miles everie waie on the sea coaste directly
into the maine lande by the space of one hundred like Englishe miles;
and shall and may inhabit and remaine there; and shall and may alsoe
builde and fortifie within anie the same for theire better safegarde
and defence, according to theire best discrecions and
the direction of the Counsell of that Colonie; and that noe other
of our subjectes shalbe permitted or suffered to plante or inhabit
behinde or on the backside of them towardes the maine lande, without
the expresse licence or consente of the Counsell of
that Colonie thereunto in writing firste had or obtained.
And
wee doe likewise for us, our heires and successors, by theise presentes
grannte and agree that the saide Thomas Hannam and Raleighe Gilberde,
William Parker and George Popham, and all others of the towne of
Plymouthe in the countie of Devon, or elsewhere, which are
or shalbe joined unto them of that Colonie, shalbe called the Seconde
Colonie; and that they shall and may beginne theire saide firste
plantacion and seate of theire first aboade and habitacion at anie
place upon the saide coaste of Virginia and America, where they
shall thincke fitt and conveniente, betweene eighte and thirtie degrees
of the saide latitude and five and fortie degrees of the same latitude;
and that they shall have all the landes,
soile, groundes, havens, ports, rivers, mines, mineralls, woods,
marishes, waters, fishinges, commodities and hereditaments whatsoever,
from the firste seate of theire plantacion and habitacion by the
space of fiftie like Englishe miles, as is aforesaide, all alongeste
the saide coaste of Virginia and America towardes the
weste and southwest, or towardes the southe, as the coaste lieth,
and all the islandes within one hundred miles directlie over againste
the saide sea coaste; and alsoe all the landes, soile, groundes,
havens, portes, rivers, mines, mineralls, woods, marishes,
waters, fishinges, commodities and hereditamentes whatsoever, from
the saide place of theire firste plantacion and habitacion for the
space of fiftie like miles all alongest the saide coaste of Virginia
and America towardes the easte and northeaste or towardes the northe,
as the coaste liethe, and all the islandes alsoe within
one hundred miles directly over againste the same sea coaste; and
alsoe all the landes, soile, groundes, havens, ports, rivers, woodes,
mines, mineralls, marishes, waters, fishings, commodities and
hereditaments whatsoever, from the same fiftie miles everie waie on the
sea coaste, directlie into the maine lande by the space of one hundred
like Englishe miles; and shall and may inhabit and remaine there;
and shall and may alsoe builde and fortifie within anie the same
for theire better saufegarde according to theire beste discrecions
and the direction of the Counsell of that Colonie; and that none of our
subjectes shalbe permitted or suffered to plante or
inhabit behinde or on the backe of them towardes the maine lande
without the expresse licence or consente of the Counsell of that
Colonie, in writing thereunto, firste had and obtained.
Provided
alwaies, and our will and pleasure herein is, that the plantacion
and habitacion of suche of the saide Colonies as shall laste plante
themselves, as aforesaid, shall not be made within one hundred like
Englishe miles of the other of them that firste beganne to make theire
plantacion, as aforesaide.
And
wee doe alsoe ordaine, establishe and agree for [us], our heires and
successors, that eache of the saide Colonies shall have a Counsell
which shall governe and order all matters and causes which shall arise,
growe, or happen to or within the same severall Colonies, according to
such lawes, ordinannces and instructions as shalbe in that
behalfe, given and signed with our hande or signe manuell and passe
under the Privie Seale of our realme of Englande; eache of which
Counsells shall consist of thirteene parsons and to be ordained,
made and removed from time to time according as shalbe directed and
comprised in the same instructions; and shall have a severall
seale for all matters that shall passe or concerne the same severall
Counsells, eache of which seales shall have the Kinges armes engraven
on the one side there of and his pourtraiture on the other; and that
the seale for the Counsell of the saide Firste Colonie shall have
engraven rounde about on the one side theise wordes: Sigillum Regis
Magne Britanie, Francie [et] Hibernie; on the other side this
inscripture rounde about: Pro Consillio Prime Colonie Virginie.
And the seale for the Counsell of the saide Seconde Colonie shall
alsoe have engraven rounde about the one side thereof the foresaide
wordes: Sigillum Regis Magne Britanie, Francie [et]
Hibernie; and on the other side: Pro Consilio Secunde Colonie Virginie.
And
that
alsoe ther shalbe a Counsell established here in Englande which shall
in like manner consist of thirteen parsons to be, for that purpose,
appointed by us, our heires and successors, which shalbe called our
Counsell of Virginia; and shall from time to time have the
superior managing and direction onelie of and for all matters that
shall or may concerne the govermente, as well of the said severall
Colonies as of and for anie other parte or place within the aforesaide
precinctes of fower and thirtie and five and fortie degrees
abovementioned; which Counsell shal in like manner have a seale
for matters concerning the Counsell [or Colonies] with the like armes
and purtraiture as aforesaide, with this inscription engraven rounde
about the one side: Sigillum Regis Magne Britanie, Francie [et]
Hibernie;
and rounde about the other side: Pro Consilio Suo Virginie.
And
more
over wee doe grannte and agree for us, our heires and successors,
that the saide severall Counsells of and for the saide severall
Colonies shall and lawfully may by vertue hereof, from time to time,
without interuption of us, our heires or successors, give and take
order to digg, mine and searche for all manner of mines of goulde,
silver and copper, as well within anie parte of theire saide severall
Colonies as of the saide maine landes on the backside of the same
Colonies; and to have and enjoy the goulde, silver and copper to
be gotten there of to the use and behoofe of the same Colonies and the
plantacions thereof; yeilding therefore yerelie to us, our heires and
successors, the fifte parte onelie of all the same goulde and silver
and the fifteenth parte of all the same copper
soe to be gotten or had, as is aforesaid, and without anie other
manner of profitt or accompte to be given or yeilded to us, our heires
or successors, for or in respecte of the same.
And
that
they shall or lawfullie may establishe and cawse to be made a coine,
to passe currant there betwene the people of those severall Colonies
for the more ease of trafiique and bargaining betweene and amongest
them and the natives there, of such mettall and in such manner and
forme as the same severall Counsells there shall limitt
and appointe. And wee doe likewise for us, our heires and successors,
by theise presents give full power and auctoritie to the said Sir
Thomas Gates, Sir George Sumers, Richarde Hackluit, Edwarde Maria
Winghfeilde, Thomas Hannam, Raleighe Gilberde, William Parker and
George Popham, and to everie of them, and to the saide severall
Companies, plantacions and Colonies, that they and everie of them shall
and may at all and everie time and times hereafter have, take and leade
in the saide voyage, and for and towardes the saide severall
plantacions and Colonies, and to travell thitherwarde and to abide and
inhabit there in everie of the saide Colonies and plantacions,
such and somanie of our subjectes as shall willinglie accompanie
them, or anie of them, in the saide voyages and plantacions, with
sufficiente shipping and furniture of armour, weapon, ordonnance,
powder, victall, and all other thinges necessarie for the saide
plantacions
and for theire use and defence there: provided alwaies that none
of the said parsons be such as hereafter shalbe speciallie restrained
by us, our heires or successors.
Moreover,
wee doe by theise presents, for us, our heires and successors, give and
grannte licence unto the said Sir Thomas Gates, Sir George Sumers,
Richarde Hackluite, Edwarde Maria Winghfeilde, Thomas Hannam, Raleighe
Gilberde, William Parker and George Popham, and to
everie of the said Colinies, that they and everie of them shall and
may, from time to time and at all times for ever hereafter, for theire
severall defences, incounter or expulse, repell and resist, aswell by
sea as by lande, by all waies and meanes whatsoever, all and everie
suche parson and parsons as without espiciall licence of the said
severall Colonies and plantacions shall attempte to
inhabit within the saide severall precincts and limitts of the saide
severall Colonies and plantacions, or anie of them, or that shall
enterprise or attempt at anie time hereafter the hurte, detrimente
or annoyance of the saide severall Colonies or plantacions.
Giving
and grannting by theise presents unto the saide Sir Thomas Gates, Sir
George Somers, Richarde Hackluite, and Edwarde Maria Winghfeilde, and
theire associates of the said Firste Colonie, and unto the said Thomas
Hannam, Raleighe Gilberde, William Parker and George Popham, and theire
associates of the saide Second Colonie, and to everie of them from time
to time and at all times for ever hereafter, power and auctoritie to
take and surprize by all waies and meanes whatsoever all and everie
parson and parsons with theire shipps,
vessels, goods and other furniture, which shalbe founde traffiqueing
into anie harbor or harbors, creeke, creekes or place within the
limitts or precincts of the saide severall Colonies and plantacions,
not being of the same Colonie, untill such time as they, being of anie
realmes or dominions under our obedience, shall paie or agree to paie
to the handes of the Tresorer of the Colonie, within whose limitts and
precincts theie shall soe traffique, twoe and a halfe upon anie hundred
of anie thing soe by them traffiqued, boughte
or soulde; and being stranngers and not subjects under our obeysannce,
untill they shall paie five upon everie hundred of suche wares and
commoditie as theie shall traffique, buy or sell within the precincts
of the saide severall Colonies wherein theie shall soe traffique,
buy or sell, as aforesaide; which sommes of money or benefitt, as
aforesaide, for and during the space of one and twentie yeres nexte
ensuing the date hereof shalbe whollie imploied to the use, benefitt
and behoofe of the saide severall plantacions where such trafficque
shalbe made; and after the saide one and twentie yeres
ended the same shalbe taken to the use of us, our heires and successors
by such officer and minister as by us, our heires and successors
shalbe thereunto assigned or appointed.
And
wee doe further, by theise presentes, for us, our heires and
successors,
give and grannte unto the saide Sir Thomas Gates, Sir George Sumers,
Richarde Hackluit, and Edwarde Maria Winghfeilde, and to theire
associates of the saide Firste Colonie and plantacion, and to the saide
Thomas Hannam, Raleighe Gilberde, William Parker and George Popham, and
theire associates of the saide Seconde Colonie and plantacion, that
theie and everie of them by theire deputies, ministers and
factors may transport the goods, chattells, armor, munition and
furniture, needfull to be used by them for theire saide apparrell,
defence or otherwise in respecte of the saide plantacions,
out of our realmes of Englande and Irelande and all other our dominions
from time to time, for and during the time of seaven yeres nexte
ensuing the date hereof for the better releife of the said severall
Colonies and plantacions, without anie custome, subsidie or other dutie
unto us, our heires or successors to be yeilded
or paide for the same.
Alsoe
wee doe, for us, our heires and successors, declare by theise presentes
that all and everie the parsons being our subjects which shall dwell
and inhabit within everie or anie of the saide severall Colonies
and plantacions and everie of theire children which shall happen to be
borne within the limitts and precincts of the said
severall Colonies and plantacions shall have and enjoy all liberties,
franchises and immunites within anie of our other dominions to all
intents and purposes as if they had been abiding and borne within
this our realme of Englande or anie other of our saide dominions.
Moreover
our gracious will and pleasure is, and wee doe by theise presents,
for us, our heires and successors, declare and sett forthe, that
if anie parson or parsons which shalbe of anie of the said Colonies
and plantacions or anie other, which shall trafficque to the saide
Colonies and plantacions or anie of them, shall at anie
time or times hereafter transporte anie wares, marchandize or
commodities
out of [any] our dominions with a pretence and purpose to lande,
sell or otherwise dispose the same within anie the limitts and
precincts
of anie of the saide Colonies and plantacions, and yet nevertheles
being at the sea or after he hath landed the same within anie of
the said Colonies and plantacions, shall carrie the same into any
other forraine countrie with a purpose there to sell or dispose of
the same without the licence of us, our heires or successors in that
behalfe first had or obtained, that then all the goods
and chattels of the saide parson or parsons soe offending and
transporting, together with the said shippe or vessell wherein suche
transportacion was made, shall be forfeited to us, our heires and
successors.
Provided
alwaies, and our will and pleasure is and wee doe hereby declare
to all Christian kinges, princes and estates, that if anie parson
or parsons which shall hereafter be of anie of the said severall
Colonies and plantacions, or anie other, by his, theire, or anie
of theire licence or appointment, shall at anie time or times
hereafter robb or spoile by sea or by lande or doe anie acte of unjust
and unlawfull hostilitie to anie the subjects of us, our heires or
successors, or anie of the subjects of anie king, prince, ruler,
governor or state being then in league or amitie with us, our heires
or successors, and that upon suche injurie or upon juste complainte of
such prince, ruler, governor or state or their subjects,
wee, our heires or successors, shall make open proclamation within
anie the ports of our realme of Englande, commodious for that purpose,
that the saide parson or parsons having committed anie such robberie or
spoile shall, within the terme to be limitted by suche proclamations,
make full restitucion or satisfaction of all suche injuries done, soe
as the saide princes or others soe complained
may houlde themselves fully satisfied and contented; and that if
the saide parson or parsons having committed such robberie or spoile
shall not make or cause to be made satisfaction accordingly with[in]
such time soe to be limitted, that then it shalbe lawfull
to us, our heires and successors to put the saide parson or parsons
having committed such robberie or spoile and theire procurers,
abbettors or comfortors out of our allegeannce and protection; and that
it shalbe lawefull and free for all princes and others to pursue
with hostilitie the saide offenders and everie of them and theire
and everie of theire procurors, aiders, abbettors and comforters
in that behalfe.
And
finallie wee doe, for us, our heires and successors, grannte and agree,
to and with the saide Sir Thomas Gates, Sir George Sumers, Richarde
Hackluit and Edwarde Maria Winghfeilde, and all other of the saide
Firste Colonie, that wee, our heires or successors, upon peticion in
that behalfe to be made, shall, by lettres patents under
the Greate [Seale] of Englande, give and grannte unto such parsons,
theire heires and assignees, as the Counsell of that Colonie or the
most part of them shall for that purpose nomminate and assigne, all
the landes, tenements and hereditaments which shalbe within the
precincts limitted for that Colonie, as is aforesaid, to be
houlden of us, our heires and successors as of our mannor of
Eastgreenwiche
in the countie of Kente, in free and common soccage onelie and not
in capite.
And
doe,
in like manner, grannte and agree, for us, our heires and successors,
to and with the saide Thomas Hannam, Raleighe Gilberd, William Parker
and George Popham, and all others of the saide Seconde Colonie,
that wee, our heires [and] successors, upon petition in that behalfe to
be made, shall, by lettres patentes under the Great
Seale of Englande, give and grannte unto such parsons, theire heires
and assignees, as the Counsell of that Colonie or the most parte
of them shall for that purpose nomminate and assigne, all the landes,
tenementes and hereditaments which shalbe within the precinctes limited
for that Colonie as is afore said, to be houlden of us, our heires and
successors as of our mannor of Eastgreenwich
in the countie of Kente, in free and common soccage onelie and not
in capite.
All
which landes, tenements and hereditaments soe to be passed by the saide
severall lettres patents, shalbe, by sufficient assurances from
the same patentees, soe distributed and devided amongest the
undertakers for the plantacion of the said severall Colonies, and such
as shall make theire plantacion in either of the said severall
Colonies, in such manner and forme and for such estates as shall
[be] ordered and sett [downe] by the Counsell of the same Colonie,
or the most part of them, respectively, within which the same lands,
tenements and hereditaments shall ly or be. Althoughe expresse mencion
[of the true yearly value or certainty of the premises, or any of them,
or of any other gifts or grants, by us or any our
progenitors or predecessors, to the aforesaid Sir Thomas Gates,
Knt. Sir George Somers, Knt. Richard Hackluit, Edward-Maria Wingfield,
Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham,
or any of them, heretofore made, in these presents, is not made;
or any statute, act, ordnance, or provision, proclamation, or
restraint, to the contrary hereof had, made, ordained, or any
other thing, cause, or matter whatsoever, in any wise notwithstanding.]
In witnesse wherof [we have caused these our letters to be made
patents;]
witnesse our selfe at Westminister the xth day of Aprill [1606, in
the fourth year of our reign of England, France, and Ireland, and of
Scotland the nine and thirtieth.]
[Lukin]
Exactum
per breve de private sigillo [etc.]
------------------------------------------------------------------------
- British
Public Record Office, Chancery Patent Rolls (c. 66), 1709;
- William
Stith, The History of the First Discovery and Settlement of Virginia
(Williamsburg, Printed by William Parks, 1747; New York,
1865), Appendix, pp. 1-8 (1-32 in 1865 edition);
- William
Waller Hening, comp., The Statutes at Large; Being a Collection of All
the Laws of Virginia, From the First Session of the Legislature, in the
Year 1619 (13 vols., Richmond,
1809-23), I, 57-66.
Hening
obtained the full charter texts from Stith. Scanned from The Three
Charters of the Virginia Company of London, with Seven Related
Documents:
1606-1621, edited and with an introduction by Samuel M. Bemiss
(Williamsburg, Va., 350th Anniversary Celebration Corporation, 1957).
This
small volume contains the most complete and accurate texts of all the
Virginia charters. The text of the charters is in the public domain
and not protected by copyright. Hence I have included only the text
and none of Mr. Bemiss's editorial notes. (Mr. Bemiss did point out
some personal names that appear in Stith but not in the British Public
Record Office copy.) Be aware that all this scanned
text is verbatim with no correction of spelling errors or translation
of archaic words into modern English.
Contributed
by Philip J. Schwarz and Converted to HTML for The
American Revolution - an .HTML project. If you want to contribute
texts, please read this © 1995 on the HTML-version by Dep.
Alfa-Informatica
University of Groningen.
Copying
for non-commercial purposes allowed, if proper citation is given
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