Ohio History Journal

12        Ohio Arch. and His. Society Publications.

 

whereof, we have caused these our letters to be made patents;

witness ourself at Westminster, the tenth day of April, in the

fourth year of the reign of England, France, and Ireland. and

of Scotland the nine and thirtieth.

LUKIN.

Per breve de privato Sigillo.

 

 

 

 

 

THE SECOND CHARTER OF VIRGINIA

 

TO THE TREASURER AND COMPANY, FOR VIRGINIA, ERECT-

ING THEM INTO A CORPORATION AND BODY POLITIC, AND

FOR THE FURTHER ENLARGEMENT AND EXPLANATION OF

THE PRIVILEGES OF THE SAID COMPANY AND FIRST

COLONY OF VIRGINIA.

 

(DATED MAY 23, 1609. 7 JAMES 1sT.)

1. James, by the grace of God, king of England, Scotland,

France, and Ireland, defender of the faith, etc. To all, to whom

these presents shall come, greeting. Whereas, at the humble

suit and request of sundry our loving and well disposed subjects,

intending to deduce a colony, and to make habitation and plan-

tation of sundry our people, in that part of America, commonly

called Virginia, and other parts and territories in America, either

appertaining unto us, or which are not actually possessed of

any christian prince or people, within certain bounds and regions.

We have formerly by our letters-patents, bearing date the tenth

day of April, in the fourth year of our reign of England, France,

and Ireland, and of Scotland the nine and thirtieth, granted to

Sir Thomas Gates, Sir George Somers, and others, for the more

speedy accomplishment of the said plantation and habitation, that

they should divide themselves into two Colonies (the one con-

sisting of divers knights, gentlemen, merchants, and others, of

• 1
 

The Virginia Charters.               13

 

our city of London, called the first colony; and the other con-

sisting of divers knights, gentlemen, and others, of our cities of

Bristol, Exeter, and town of Plimouth, and other places, called

the second colony) and have yielded and granted many and sun-

dry privileges and liberties to each colony, for their quiet settling

and good government therein, as by the said letters-patents more

at large appeareth:

2. Now, forasmuch as divers and sundry of our loving

subjects, as well adventurers, as planters, of the said first colony,

which have already engaged themselves in furthering the business

of the said colony and plantation, and do further intend, by the

assistance of Almighty God, to prosecute the same to a happy

end, have of late been humble suitors unto us, that (in respect

of their great charges and the adventure of many of their lives,

which they have hazarded in the said discovery and plantation

of the said country) we would be pleased to grant them a further

enlargement and explanation of the said grant, privileges, and

liberties, and that such counsellors, and other officers, may be

appointed amongst them, to manage and direct their affairs, as

are willing and ready to adventure with them, as also whose

dwellings are not so far remote from the city of London, but

that they may, at convenient times, be ready at hand, to give their

advice and assistance, upon all occasions requisite.

3. We, greatly affecting the effectual prosecution and happy

success of the said plantation, and commending their good de-

sires therein, for their further encouragement in accomplishing

so excellent a work, much pleasing to God, and profitable to

our kingdom, do, of our special grace and certain knowledge,

and mere motion, for us, our heirs and successors, give, grant,

and confirm, to our trusty and well beloved subjects, Robert,

earl of Salisbury, Thomas, earl of Suffolk, Henry, earl of South-

ampton, William, earl of Pembroke, Henry, earl of Lincoln, earl

of Dorset, Thomas, earl of Exeter, Philip, earl of Montgomery,

Robert, Lord Viscount Lisle, Theophilus, Lord Howard of Wal-

den, James Montague, Lord Bishop of Bath and Wells, Edward,

• 2
 

14        Ohio Arch. and His. Society Publications.

 

Lord Zouche, Thomas, Lord Lawarr, William, Lord Mount-

eagle, Ralph, Lord Ewre, Edmond, Lord Sheffield, Grey, Lord

Chandois, Lord Compton, John, Lord Petre, John, Lord Stan-

hope, George, Lord Carew, Sir Humphrey Weld, Lord Mayor

of London, George Percie, Esq., Sir Edward Cecil, Knt. Sir

George Wharton, Knt. Francis, West, Esq. Sir William Wade,

Knt. Sir Henry Nevil, Knt. Sir Thomas Smith, Knt. Sir Oliver

Cromwell, Knt. Sir Peter Manwood, Knt. Sir Drue Drury, Knt.

Sir John Scot, Knt. Sir Thomas Challoner, Knt. Sir Robert

Drury, Knt. Sir Anthony Cope, Knt. Sir Horatio Vere, Knt.

Sir Edward Conway, Knt. Sir William Brown, Knt. Sir Maurice

Berkeley, Knt. Sir Robert Mansel, Knt. Sir Amias Preston, Knt.

Sir Thomas Gates, Knt. Sir Anthony Ashly, Knt. Sir Michael

Sandys, Knt. Sir Henry Carey, Knt. Sir Stephen Soame, Knt.

Sir Calisthenes Brooke, Knt. Sir Edward Michelborn, Knt. Sir

John Ratcliffe, Knt. Sir Charles Wilmot, Knt. Sir George Moor,

Knt. Sir Hugh Wirral, Knt. Sir Thomas Dennis, Knt. Sir John

Holles, Knt. Sir William Godolphin, Knt. Sir Thomas Monson,

Knt. Sir Thomas Ridgwine, Knt. Sir John Brooke, Knt. Sir

Robert Killigrew, Knt. Sir Henry Peyton, Knt. Sir Richard

Williamson, Knt. Sir Ferdinando Weynman, Knt. Sir William

St. John, Knt. Sir Thomas Holcroft, Knt. Sir John Mallory, Knt.

Sir Roger Ashton, Knt. Sir Walter Cope, Knt. Sir Richard Wig-

more, Knt. Sir William Coke, Knt. Sir Herbert Crofte, Knt.

Sir Henry Fanshaw, Knt. Sir John Smith, Knt. Sir Francis

Wolly, Knt. Sir Edward Waterhouse, Knt. Sir Henry Seekford,

Knt. Sir Ewdin Sandys, Knt. Sir Thomas Waynam, Knt. Sir

John Trevor, Knt. Sir Warwick Heele, Knt. Sir Robert Worth,

Knt. Sir John Townsend, Knt. Sir Christopher Perkins, Knt. Sir

Daniel Dun, Knt. Sir Henry Hobart, Knt. Sir Francis Bacon,

Knt. Sir Henry Montague, Knt. Sir George Coppin, Knt. Sir

Samuel Sandys, Knt. Sir Thomas Roe, Knt. Sir George Somers,

Knt. Sir Thomas Freake, Knt. Sir Thomas Harwell, Knt. Sir

Charles Kelke, Knt. Sir Baptist Hicks, Knt. Sir John Watts,

Knt. Sir Robert Carey, Knt. Sir William Romney, Knt. Sir

• 3
 

The Virginia Charters.              15

 

Thomas Middleton, Knt. Sir Hatton Cheeke, Knt. Sir John

Ogle, Knt. Sir Cavallero Meycot, Knt. Sir Stephen Riddlesdon,

Knt. Sir Thomas Bludder, Knt. Sir Anthony Aucher, Knt. Sir

Robert Johnson, Knt. Sir Thomas Panton, Knt. Sir Charles

Morgan, Knt. Sir Stephen Pole, Knt. Sir John Burlacie, Knt.

Sir Christopher Cleave, Knt. Sir George Hayward, Knt. Sir

Thomas Davis, Knt. Sir Thomas Sutton, Knt. Sir Anthony For-

rest, Knt. Sir Robert Payne, Knt. Sir John Digby, Knt. Sir Dud-

ley Digges, Knt. Sir Rowland Cotton, Knt. Dr. Matthew Sut-

cliffe, Dr Meadows, Dr. Turner, Dr. Poe, Captain Pagnam,

Captain Jeffrey Holcrofte, Captain Romney, Captain Henry

Spry, Captain Shelton, Captain Sparks, Captain Thomas Wyat,

Captain Brinsley, Captin William Courtney, Captain Herbert,

Captain Clarke, Captain Dewhurst, Captain John Blundell,

Captain Fryer, Captain Lewis Orwell, Captain Edward Loyd,

Capt. Slingesby, Captain Hawley, Captain Orme, Captain Wood-

house, Captain Mason, Captain Thomas Holcroft, Captain John

Coke, Captain Holles, Captain William Proude, Captain Henry

Woodhouse, Captain Richard Lindesey, Captain Dexter, Captain

William Winter, Captain Pearse, Captain John Bingham, Captain

Burray, Captain Thomas Conway, Captain Rookwood, Captain

William Lovelace, Captain John Ashley, Captain Thomas Wynne,

Captain Thomas Mewtis, Captain Edward Harwood, Captain

Michael Everard, Captain Comock, Captain Mills, Captain Pigot,

Captain Edward-Maria Wingfield, Captain Christopher Newport,

Captain John Sicklemore, alias Ratcliffe, Captain John Smith,

Captain John Martin, Captain Peter Wynne, Captain Waldoe,

Captain Thomas Wood, Captain Thomas Button, George Bolls,

Esq. sheriff of London, William Crashaw, clerk, batchelor of

divinity, William Seabright, Esq. Christopher Brooke, Esq. John

Bingley, Esq. Thomas Watson, Esq. Richard Percival, Esq. John

Moore, Esq. Hugh Brooker, Esq. David Woodhouse, Esq. An-

thony Aucher, Esq. Robert Bowyer, Esq. Ralph Ewens, Esq.

Zachary Jones, Esq. George Calvert, Esq. William Dobson,

Esq. Henry Reynolds, Esq. Thomas Walker, Esq. Anthony Bar-

• 4
 

16       Ohio Arch. and His. Society Publications.

 

nars, Esq. Thomas Sandys, Esq. Henry Sandys, Esq. Richard

Sandys, Esq. Son of Sir Edwin Sandys, William Oxenbridge,

Esq. John Moore, Esq. Thomas Wilson, Esq. John Bullock, Esq.

John Waller, Esq. Thomas Webb, Jehu Robinson, William

Brewster, Robert Evelyn, Henry Danby, Richard Hackluit, Min-

ister, John Eldred, Merchant, William Russel, Merchant, John

Merrick, Merchant, Richard Banister, Merchant, Charles An-

thony, Goldsmith, John Banks, William Evans, Richard Humble,

Richard Chamberlayne, Merchant, Thomas Barber, Merchant,

Richard Pomet, Merchant, John Fletcher, merchant, Thomas

Nichols, merchant, John Stoke, merchant, Gabriel Archer, Fran-

cis Covel, William Bonham, Edward Harrison, John Wolsten-

holme, Nicholas Salter, Hugh Evans, William Barnes, Otho

Mawdet, Richard Staper, merchant, John Elkin, merchant, Wil-

liam Coyse, Thomas Perkin, cooper, Humphry James, cooper,

Henry Jackson, Robert Singleton, Christopher Nichols, John

Harper, Abraham   Chamberlayne, Thomas Shipton, Thomas

Carpenter, Anthony Crew, George Holman, Robert Hill, Cleophas

Smith, Ralph Harrison, John Farmer, James Brearley, William

Crosby, Richard Cox, John Gearing, Richard Strongarm, iron-

mongers, Thomas Langton, Griffith Hinton, Richard Ironside,

Richard Dean, Richard Turner, William Lawson, mercer, James

Chatfield, Edw'd Allen Tedder, Robert Hilderbrand Sprinson,

Arthur Mouse, John Gardiner, James Russel, Richard Caswell,

Richard Evans, John Hawkins, Richard Kerril, Richard Brooke,

Matthew Scrivener, gentleman, William Stallenge, gentleman,

Arthur Venn, gentleman, Sandys Webbe, gentleman, Michael

Phettiplace, gentleman, William Phettiplace, gentleman, Ambrose

Prusey, gentleman, John Taverner, gentleman, George Pretty,

gentleman, Peter Latham, gentleman, Thomas Montford, gen-

tleman, William Cantrel, gentleman, Richard Wiffin, gentleman,

Ralph Moreton, gentleman, John Cornelius, Martin Freeman,

Ralph Freeman, Andrew Moore, Thomas White, Edward Perkin,

Robert Offley, Thomas Whitley, George Pit, Robert Parkhurst,

Thomas Morris, Peter Harloe, Jeffry Duppa, John Gilbert, Wil-

• 5
 

The Virginia Charters.               17

 

liam Hancock, Matthew Brown, Francis Tyrrel, Randal Carter,

Othowell Smith, Thomas Hamond, Martin Bond, haberdasher,

John Moulsoe, Robert Johnson, William Young, John Woodal,

William Felgate, Humfrey Westwood, Richard Champion, Henry

Robinson, Francis Mapes, William Sambach, Relegh Crashaw,

Daniel Tucker, Thomas Grave, Hugh Willeston, Thomas Cul-

pepper, of Wigsel, Esq. John Culpepper, gentleman, Henry Lee,

Josias Kirton, gentleman, John Pory, gentleman, Henry Collins,

George Burton, William Atkinson, Thomas Forest, John Russel,

John Holt, Harman Harrison, Gabriel Beedel, John Beedel,

Henry Dawkes, George Scot, Edward Fleetwood, gentleman,

Richard Rogers, gentleman, Arthur Robinson, Robert Ro-

binson, John Huntley, John Gray, William  Payne, William

Field, William Wattey, William Webster, John Dingley, Thomas

Draper, Richard Glanvil, Arnold Hulls, Henry Roe, William

Moore, Nicholas Gryce, James Monger, Nicholas Andrews,

Jeremy Haydon, Ironmonger, Philip Durette, John Quarles, John

West, Matthew Springham, John Johnson, Christopher Hore,

Thomas Snead, George Berkely, Arthur Pet, Thomas Careles,

William Berkely, Thomas Johnson, Alexander Bents, Captain

William King, George Sandys, gentleman, James White, gentle-

man, Edmond Wynne, Charles Towler, Richard Reynold, Edward

Webb, Richard Maplesden, Thomas Lever, David Bourne,

Thomas Wood, Ralph Hamer, Edward Barnes, mercer, John

Wright, mercer, Robert Middleton, Edward Littlefield, Katharine

West, Thomas Web, Ralph King, Robert Koppin, James Askew,

Christopher Holt, William Bardwell, Alexander Chiles, Lewis

Tate, Edward Ditchfield, James Swifte, Richard Widdowes, gold-

smith, Edmond Brudenell, Edward Burwell, John Hansford, Ed-

ward Wooller, William Palmer, haberdasher, John Badger, John

Hodgson, Peter Mounsel, John Carril, John Bushridge, William

Dun, Thomas Johnson, Nicholas Benson, Thomas Shipton, Na-

thaniel Wade, Randal Wetwood, Matthew Dequester, Charles

Hawkins, Hugh Hamersley, Abraham Cartwright, George Ben-

net, William Cater, Richard Goddart, Henry Cromwell, Phineas

• 6
 

18        Ohio Arch. and His. Society Publications.

 

Pet, Robert Cooper, John Cooper, Henry Newce, Edward Wilkes,

Robert Bateman, Nicholas Farrar, John Newhouse, John Cason,

Thomas Harris, gentleman, George Etheridge, gentleman,

Thomas Mayle, gentleman, Richard Stafford, Thomas-------,

Richard Cooper, John Westrow, Edward Welch, Thomas Bri-

tain, Thomas Knowles, Octavian Thorne, Edmond Smith, John

March, Edward Carew, Thomas Pleydall, Richard Let, Miles

Palmer, Henry Price, John Joshua, gentleman, William Clauday,

Jeremy Pearsye, John Bree, gentleman, William Hampson,

Christopher Pickford, Thomas Hunt, Thomas Truston, Chris-

topher Salmon, John Howard, clerk, Richard Partridge, Allen

Cassen, Felix Wilson, Thomas Bathurst, George Wilmer, Andrew

Wilmer, Maurice Lewellin, Thomas Godwin, Peter Burgoyne,

Thomas Burgoyne, Robert Burgoyne, Robert Smith, merchant-

taylor, Edward Cage, grocer, Thomas Cannon, gentleman, Wil-

liam Welby, stationer, Clement Wilmer, gentleman, John Clap-

ham, gentleman, Giles Francis, gentleman, George Walker, sad-

ler, John Swinhow, stationer, Edward Bishop, stationer, Leonard

White, gentleman, Christopher Baron, Peter Benson, Richard

Smith, George Proctor, minister, Millicent Ramsden, widow,

Joseph Soane, Thomas Hinshaw, John Baker, Robert Thornton,

John Davis, Edward Facit, George Newce, gentleman, John Ro-

binson, Captain Thomas Wood, William Brown, shoemaker, Ro-

bert Barker, shoemaker, Robert Pennington, Francis Burley, min-

ister, William Quick, grocer, Edward Lewis, grocer, Laurence

Campe, draper, Aden Perkins, grocer, Richard Shepherd, preacher,

William Sherley, haberdasher, William Taylor, haberdasher, Edwin

Lukin, gentleman, John Franklyn, haberdasher, John Southwick,

Peter Peate, George Joban, Ironmonger, George Yeardley, gen-

tleman, Henry Shelley, John Prat, Thomas Church, draper,

William Powel, gentleman, Richard Frith, gentleman, Thomas

Wheeler, draper, Francis Haselrig, gentleman, Hugh Shipley,

gentleman, John Andrews, the elder, doctor of Cambridge, Fran-

cis Whistler, gentleman, John Vassal, gentleman, Richard Howle,

Edward Berkely, gentleman, Richard Keneridgburg, gentleman,

• 7
 

The Virginia Charters.               19

 

Nicholas Exton, draper, William Bennet, fishmonger, James Hay-

wood, merchant, Nicholas Isaac, merchant, William   Gibbs,

merchant, Bishop, Bernard Mitchel, Isaac Mitchel, John Streate,

Edward Gall, John Martin, gentleman, Thomas Fox, Luke

Lodge, John Woodliffe, gentleman, Richard Webb, Vincent Low,

Samuel Burnham, Edmund Pears, haberdasher, John George,

John St. John, Edward Vaughan, William Dunn, Thomas Al-

cocke, John Andrews the younger, of Cambridge, Samuel Smith,

Thomas Gerrard, Thomas Whittingham, William Canning, Paul

Canning, George Chandler, Henry Vincent, Thomas Ketley,

James Skelton, James Mountaine, George Webb, gentleman,

Joseph Newbridge, Smith, Josiah Mand, Captain Ralph Hamer,

the younger, Edward Brewster, the son of William Brewster,

Leonard Harwood, Mercer, Philip Druerdent, William Carpenter,

Tristian Hill, Robert Cock, Grocer, Laurence Grecie, Grocer,

Samuel Winch, grocer, Humphrey Stile, grocer, Avern Drans-

field, grocer, Edward Hodges, grocer, Edward Beale, grocer,

Thomas Culler, grocer, Ralph Busby, grocer, John Whittingham,

grocer, John Hide, grocer, Matthew Shepherd, grocer, Thomas

Allen, grocer, Richard Hooker, grocer, Lawrence Munks, grocer,

John Tanner, grocer, Peter Gate, grocer, John Blunt, grocer,

Robert Phips, grocer, Robert Berrisford, grocer, Thomas Wells,

grocer, John Ellis, grocer, Henry Colthurst, grocer, John Cavady,

grocer, Thomas Jennings, grocer, Edmond Pashall, grocer, Tim-

othy Bathurst, grocer, Giles Parslow, grocer, Robert Milmay,

grocer, Richard Johnson, grocer, William Johnson, vintner, Eze-

kiel Smith, Richard Martin, William Sharp, Robert Rich, William

Stannard, innholder, John Stocken, William Strachey, gentleman,

George Farmer, gentleman, Thomas Gypes, clothworker, Abra-

ham Davies, gentleman, Thomas Brockett, gentleman, George

Bache, fishmonger, John Dike, fishmonger, Henry Spranger,

Richard Farrington, Christopher Vertue, vintner, Thomas Bay-

ley, vintner, George Robins, vintner, Tobias Hinson, grocer,

Vrian Spencer, Clement Chickeley, John Scarpe, gentleman,

James Campbell, ironmonger, Christopher Clitheroe, ironmonger,

• 8
 

20        Ohio Arch. and His. Society Publications.

 

Philip Jacobson, Peter Jacobson, of Antwerp, William Berkeley,

Miles Banks, cutler, Peter Higgons, grocer, Henry John, gentle-

man, John Stockley, merchant-taylor, the company of mercers,

the company of grocers, the company of drapers, the company of

fishmongers, the company of goldsmiths, the company of skinners,

the company of merchant-taylors, the company of haberdashers,

the company of salters, the company of ironmongers, the com-

pany of vintners, the company of clothworkers, the company of

dyers, the company of brewers, the company of leathersellers, the

company of pewterers, the company of cutlers, the company of

white-bakers, the company of wax-chandlers, the company of tal-

low-chandlers, the company of armorers, the company of girdlers,

the company of butchers, the company of sadlers, the company of

carpenters, the company of cordwaynes, the company of barber-

chirurgeons, the company of paint-stainers, the company of

curriers, the company of masons, the company of plumbers, the

company innholders, the company of founders, the company of

poulterers, the company of cooks, the company of coopers, the

company of tylers and bricklayers, the company of bowyers, the

company of Fletchers, the company of blacksmiths, the company

of joiners, the company of weavers, the company of woolmen, the

company of woodmongers, the company of scriveners, the com-

pany of fruiterers, the company of plaisterers, the company of

Brownbakers, the company of stationers, the company of im-

broiderers, the company of upholders, the company of musicians,

the company of turners, the company of gardiners, the company

of basket-makers, the company of glaziers, John Levet, merchant,

Thomas Nornicot, clothworker, Richard Venn, haberdasher,

Thomas Scot, gentleman, Thomas Buxon, merchant-taylor,

George Hankinson, Thomas Seyer, gentleman, Matthew Cooper,

George Butler, gentleman, Thomas Lawson, gentleman, Edward

Smith, haberdasher, Steven Sparrow, John Jones, merchant, --

Reynolds, brewer, Thomas Plummer, merchant, James Duppa,

brewer, Rowland Coitmore, William Southerne, George Whit-

more, haberdasher, Anthony Gosnold, the younger, John Allen,

• 9
 

The Virginia Charters.               21

 

fishmonger, Simon Yeomans, fishmonger, Lancelot Davis, gen-

tleman, John Hopkins, alderman of Bristol, John Kettleby, gentle-

man, Richard Clene, goldsmith, George Hooker, gentleman, Ro-

bert Chening, yeoman; and to such and so many, as they do, or

shall hereafter admit to be joined with them, in form hereafter in

these presents expressed, whether they go in their persons to be

planters there in the said plantation, or whether they go not,

but adventure their monies, goods, or chattles; That they shall

be one body or commonalty perpetual, and shall have perpetual

succession, and one common seal, to serve for the said body or

commonalty; and that they, and their successors, shall be known,

called, and incorporated by the name of, The Treasurer and Com-

pany of Adventurers and Planters of the City of London for the

first Colony in Virginia:

4. And that they and their successors, shall be, from hence-

forth, forever enabled to take, acquire and purchase, by the name

aforesaid (licence for the same, from us, our heirs or successors,

first had and obtained) any manner of lands, tenements, and

hereditaments, good and chattels, within our realm of England,

and dominion of Wales:

5. And that they and their successors, shall likewise be

enabled, by the name aforesaid, to plead and be impleaded, before

any of our judges or justices, in any of our courts, and in any

actions or suits whatsoever.

6. And we do also of our special grace, certain knowledge

and mere motion, give, grant and confirm, unto the said treasurer

and company, and their successors, under the reservations, limi-

tations, and declarations, hereafter expressed, all those lands,

countries, and territories, situate, lying, and being, in that part

of America called Virginia, from the point of land called Cape

or Point Comfort, all along the sea coast, to the northward two

hundred miles, and from the said point of Cape Comfort, all along

the sea coast to the southward two hundred miles, and all that

space and circuit of land, lying from the sea coast of the pre-

cinct aforesaid, up into the land, throughout from sea to sea,

• 10
 

22        Ohio Arch. and His. Society Publications.

 

west and northwest; and also all the islands, lying within one

hundred miles, along the coast of both seas of the precinct afore-

said; together with all the soils, grounds, havens, and ports,

mines, as well royal mines of gold and silver, as other minerals,

pearls and precious stones, quarries, woods, rivers, waters, fish-

ings, commodities, jurisdictions, royalties, privileges, franchises

and preheminences, within the said territories, and the precincts

thereof, whatsoever, and thereto and thereabouts, both by sea

and land, being or in any sort belonging or appertaining, and

which we, by our letters patents, may or can grant, in as ample

manner and sort, as we or any of our noble progenitors, have

heretofore granted to any company, body politick or corporate,

or to any adventurer or adventurers, undertaker or undertakers,

of any discoveries, Plantations, or traffick, of, in or into any for-

eign parts whatsoever, and in as large and ample manner, as

if the same were herein particularly mentioned and expressed;

to have and to hold, possess and enjoy, all and singular the said

lands, countries and territories, with all and singular other the

premises, heretofore by these presents granted, or mentioned to

be granted, to them, the said treasurer and company, their suc-

cessors and assigns for ever; to the sole and proper use of

them, the said treasurer and company, their successors and

assigns for ever; to be holden of us, our heirs, and succes-

sors, as of our manour of East Greenwich, in free and com-

mon soccage, and not in capite; yielding and paying, there-

fore, to us, our heirs, and successors, the fifth part only of all

ore of gold and silver, that from time to time, and at all times

hereafter, shall be there gotten, had, or obtained for all manner

of services.

7. And nevertheless, our will and pleasure is, and we do,

by these presents, charge, command, warrant, and authorize, that

the said treasurer and company, or their successors, or the major

part of them, which shall be present and assembled for that

purpose, shall, from time to time, under their common seal, dis-

tribute, convey, assign, and set over, such particular portions of

• 11
 

The Virginia Charters.               23

 

lands, tenements and hereditaments, by these presents formerly

granted, unto such our loving subjects, naturally born, or den-

izens, or others, as well adventurers as planters, as by the said

company (upon a commission of survey and distribution, exe-

cuted and returned for that purpose,) shall be nominated, ap-

pointed, and allowed; wherein our will and pleasure is, that re-

spect be had, as well of the proportion of the adventurer, as to

the special service, hazard, exploit, or merit of any person so to

be recompensed, advanced, or rewarded.

8. And forasmuch, as the good and prosperous success

of the said plantation cannot but chiefly depend, next under the

blessing of God, and the support of our royal authority, upon

the provident and good direction of the whole enterprize, by a

careful and understanding council, and that it is not convenient,

that all the adventurers shall be so often drawn to meet and as-

semble, as shall be requisite for them to have meetings and con-

ference about the affairs thereof; therefore we do ordain, estab-

lish and confirm, that there shall be perpetually one council here

resident, according to the tenour of our former letters patents;

which council shall have a seal, for the better government and

administration of the said plantation, besides the legal seal of the

company or corporation, as in our former letters patents is also

expressed.

9. And further, we establish and ordain, that Henry, Earl

of Southampton, William, Earl of Pembroke, Henry, Earl of

Lincoln, Thomas, Earl of Exeter, Robert, Lord Viscount Lisle,

Lord Theophilus Howard, James, Lord Bishop of Bath and Wells,

Edward, Lord Zouche, Thomas, Lord Lawarr, William, Lord

Monteagle, Edmund, Lord Sheffield, Grey, Lord Chandois, John,

Lord Stanhope, George, Lord Carew, Sir Humfrey Weld, Lord

Mayor of London, Sir Edward Cecil, Sir William Wade, Sir

Henry Nevil, Sir Thomas Smith, Sir Oliver Cromwell, Sir Peter

Manwood, Sir Thomas Challoner, Sir Henry Hobart, Sir Francis

Bacon, Sir George Coppin, Sir John Scot, Sir Henry Carey, Sir

Robert Drury, Sir Horatio Vere, Sir Edward Conway, Sir Maurice

• 12
 

24        Ohio Arch. and His. Soeiety Publications.

 

Berkeley, Sir Thomas Gates, Sir Michael Sandys, Sir Robert Man-

sel, Sir John Trevor, Sir Amias Preston, Sir William Godolphin,

Sir Walter Cope, Sir Robert Killigrew, Sir Henry Fanshaw, Sir

Edwin Sandys, Sir John Watts, Sir Henry Montague, Sir William

Romney, Sir Thomas Roe, Sir Baptist Hicks, Sir Richard Wil-

liamson, Sir Stephen Poole, Sir Dudley Digges, Christopher

Brooke, Esq. John Eldred, and John Wolstenholme, shall be

our Council for the said Company of Adventurers and Planters

in Virginia.

10. And the said Thomas Smith we do ordain to be treas-

urer of the said company; which treasurer shall have authority

to give order, for the warning of the council, and summoning the

company, to their courts and meetings.

11. And the said council and treasurer, or any of them,

shall be from henceforth, nominated, chosen, continued, displaced,

changed, altered, and supplied, as death, or other several occa-

sions, shall require, out of the company of the said adventurers,

by the voice of the greater part of the said company and adven-

turers, in their assembly for that purpose: Provided always, that

every counsellor, so newly elected, shall be presented to the lord

chancellor of England, or to the lord high treasurer of Eng-

land, or to the lord chamberlain of the household of us, our heirs,

and successors, for the time being, to take his oath of a coun-

sellor to us, our heirs and successors, for the said company of

adventurers and colony in Virginia.

12. And we do by these presents, of our special grace, cer-

tain knowledge, and mere motion, for us, our heirs and succes-

sors, grant unto the said treasurer and company, and their suc-

cessors, that if it happen, at any time or times, the treasurer for

the time being to be sick, or to have any such cause of absence

from the city of London, as shall be allowed by the said council,

or the greater part of them, assembled, so as he cannot attend

the affairs of that company, in every such case, it shall and may

be lawful for such treasurer for the time being, to assign, con-

stitute and appoint, one of the council or company, to be like-

• 13
 

The Virginia Charters.                25

 

wise allowed by the council, or the greater part of them, assem-

bled, to be the deputy treasurer of the said company; which

deputy shall have power to do and execute all things, which be-

long to the said treasurer, during such time, as such treasurer

shall be either sick, or otherwise absent upon cause allowed of

by the said council, or the major part of them, as aforesaid, so

fully and wholly, and in as large and ample manner and form,

to all intents and purposes, as the said treasurer, if he were pres-

ent, himself might or could do and execute the same.

13. And further, of our special grace, certain knowledge,

and mere motion, for us, our heirs, and successors, we do, by

these presents, give and grant full power and authority to our

said council, here resident, as well at this present time, as here-

after from time to time, to nominate, make, constitute, ordain,

and confirm, by such name or names, stile or stiles, as to them

shall seem good, and likewise to revoke, discharge, change, and

alter, as well all and singular governors, officers, and ministers,

which already have been made, as also which hereafter shall be

by them thought fit and needful to be made or used, for the gov-

ernment of the said colony and plantation;

14. And also to make, ordain, and establish all manner of

orders, laws, directions, instructions, forms, and ceremonies of

government and magistracy, fit and necessary, for and concerning

the government of the said colony and plantation; and the same

at all times hereafter, to abrogate, revoke, or change, not only

within the precincts of the said colony, but also upon the seas

in going and coming, to and from the said colony, as they, in

their good discretion, shall think to be fittest for the good of the

adventurers and inhabitants there.

15. And we do also declare, that, for divers reasons and

considerations us thereunto especially moving, our will and

pleasure is, and we do hereby ordain, that immediately from and

after such time, as any such governor or principal officer, so to

be nominated and appointed, by our said council, for the govern-

ment of the said colony, as aforesaid, shall arrive in Virginia,

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26        Ohio Arch. and His. Society Publications.

 

and give notice unto the colony there resident of our pleasure

in this behalf, the government, power, and authority of the pres-

ident and council, heretofore by our former letters patents there

established, and all laws and constitutions, by them formerly

made, shall utterly cease and be determined, and all officers,

governors, and ministers, formerly constituted or appointed, shall

be discharged, any thing, in our former letters patents concern-

ing the said plantation contained, in any wise to the contrary

notwithstanding; straightly charging and commanding the pres-

ident and council, now resident in the said colony, upon their

allegiance, after knowledge given unto them of our will and

pleasure, by these presents signified and declared, that they forth-

with be obedient to such governor or governors, as by our said

council, here resident, shall be named and appointed, as afore-

said, and to all directions, orders and commandments, which they

shall receive from them, as well in the present resigning and

giving up of their authority, offices, charge and places, as in all

other attendance, as shall be by them, from time to time, required.

16. And we do further, by these presents, ordain and estab-

lish, that the said treasurer and council here resident, and their

successors, or any four of them, being assembled (the treasurer

being one) shall, from time to time, have full power and author-

ity, to admit and receive any other person into their company,

corporation and freedom; and further, in a general assembly of

the adventurers, with the consent of the greater part, upon good

cause, to disfranchise and put out any person or persons, out of

the said freedom and company.

17. And we do also grant and confirm, for us, our heirs and

successors, that it shall be lawful for the said treasurer and com-

pany, and their successors, by direction of the governors there,

to dig and to search for all manner of mines of gold, silver, cop-

per, iron, lead, tin, and all sorts of minerals, as well within the

precinct aforesaid, as within any part of the main land, not for-

merly granted to any other; and to have and enjoy the gold, silver,

copper, iron, lead, and tin, and all other minerals to be gotten

• 15
 

The Virginia Charters.                27

 

thereby to the use and behoof of the said company of planters and

adventurers; yielding thereof, and paying yearly, unto us, our

heirs and successors, as aforesaid.

18. And we do further, of our special grace, certain knowl-

edge, and mere motion, for us, our heirs, and successors, grant,

by these presents, to and with the said treasurer and company,

and their successors, that it shall be lawful and free for them,

and their assigns, at all and every time and times hereafter, out

of our realm of England, and out of all other our dominions,

to take and lead into the said voyages, and for and towards

the said plantation, and to travel thitherwards, and to abide and

inhabit there in the said colony and plantation, all such and so

many of our loving subjects, or any other strangers, that will

become our loving subjects and live under our obedience, as

shall willingly accompany them in the said voyage and planta-

tion; with sufficient shipping, armour, weapons, ordnance, mu-

nition, powder, shot, victuals, and such merchandizes or wares,

as are esteemed by the wild people in those parts, clothing,

implements, furniture, cattle, horses, and mares, and all other

things, necessary for the said plantation, and for their use, and

defence, and trade with the people there; and in passing and

returning to and fro; without yielding or paying subsidy, cus-

tom, imposition, or any other tax or duty, to us, our heirs or

successors, for the space of seven years from the date of these

presents: Provided, that none of the said persons be such, as

shall be hereafter, by especial name, restrained by us, our heirs,

and successors.

19. And for their further encouragement, of our special

grace and favor, we do, by these presents, for us, our heirs,

and successors, yield and grant, to and with the said treasurer

and company, and their successors, and every of them, their

factors, and assigns, that they and every of them, shall be free

of all subsidies and customs in Virginia, for the space of one

and twenty years, and from all taxes and impositions, for ever,

upon any goods or merchandises, at any time or times hereafter,

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28        Ohio Arch. and His. Society Publications.

 

either upon importation thither, or exportation from thence,

into our realms of England, or into any other of our realms or

dominions, by the said treasurer and company, and their suc-

cessors, their deputies, factors, or assigns, or any of them: Ex-

cept only the five pounds per cent. due for custom, upon all

such goods and merchandizes, as shall be brought or imported

into our realm of England, or any other of these our dominions,

according to the ancient trade of merchants; which five pounds

per cent. only being paid, it shall be thenceforth lawful and free for

the said adventurers, the same goods and merchandizes to ex-

port, and carry out of our said dominions, into foreign parts,

without any custom, tax, or other duty, to be paid to us, our

heirs, or successors, or to any other our officers or deputies:

Provided, that the said goods and merchandizes be shipped out,

within thirteen months, after the first landing within any part

of those dominions.

20. And we do also grant and confirm to the said treasurer

and company, and their successors, as also to all and every

such governor, or other officers and ministers, as by our said

council shall be appointed to have power, authority of government

and command, in or over the said colony or plantation; that

they, and every of them, shall and lawfully may, from time to

time, and at all times for ever hereafter, for their several defence

and safety, encounter, expulse, repel, and resist, by force and arms,

as well by sea as by land, and all ways and means whatsoever,

all and every such person and persons whatsoever, as (without

the special licence of the said treasurer and company, and their

successors) shall attempt to inhabit, within the said several pre-

cincts and limits of the said colony and plantation; and also, all

and every such person and persons whatsoever, as shall enter-

prise or attempt, at any time hereafter, destruction, invasion,

hurt, detriment, or annoyance, to the said colony and plantation,

as is likewise specified in the said former grant.

21. And that it shall be lawful for the said treasurer and

company, and their successors, and every of them, from time

• 17
 

The Virginia Charters.                29

 

to time, and at all times for ever hereafter, and they shall have

full power and authority, to take and surprise, by all ways and

means whatsoever, all and every person and persons whatso-

ever, with their ships, goods, and other furniture, trafficking in

any harbor, creek, or place, within the limits or precincts of

the said colony and plantation, not being allowed by the said

company to be adventurers or planters of the said colony, until

such time, as they, being of any realms and dominions under our

obedience, shall pay, or agree to pay, to the hands of the treas-

urer or of some other officer, deputed by the said governor of

Virginia (over and above such subsidy and custom, as the said

company is, or hereafter shall be, to pay) five pounds per cent.

upon all goods and merchandizes so brought in thither, and also

five per cent. upon all goods by them shipped out from thence;

and being strangers, and not under our obedience, until they

have paid (over and above such subsidy and custom, as the said

treasurer and company, or their successors, is, or hereafter shall

be, to pay) ten pounds per cent. upon all such goods, likewise,

carried in and out, any thing, in the said former letters patents,

to the contrary notwithstanding; and the same sums of money

and benefit, aforesaid, for and during the space of one and

twenty years, shall be wholly employed to the benefit, use, and

behoof of the said colony and plantation; and after the said one

and twenty years ended, the same shall be taken to the use of

us, our heirs, and successors, by such officers and ministers,

as by us, our heirs, or successors, shall be thereunto assigned

and appointed, as is specified in the said former letters patents.

22. Also, we do, for us, our heirs, and successors, declare,

by these presents, that all and every the persons, being our sub-

jects, which shall go and inhabit within the said colony and

plantation, and every their children and posterity, which shall

happen to be born within any of the limits thereof, shall have and

enjoy all liberties, franchises, and immunities of free denizens

and natural subjects, within any of our other dominions, to all

intents and purposes, as if they had been abiding and born,

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30        Ohio Arch. and His. Society Publications.

 

within this our realm of England, or in any other of our do-

minions.

23. And forasmuch, as it shall be necessary for all such our

loving subjects, as shall inhabit within the said precincts of Vir-

ginia, aforesaid, to determine to live together, in the fear and

true worship of Almighty God, Christian peace, and civil quiet-

ness, each with other, whereby every one may, with more safety,

pleasure, and profit, enjoy that, whereunto they shall attain with

great pain, and peril; we, for us, our heirs, and successors,

are likewise pleased and contented, and by these presents, do

give and grant unto the said treasurer and company, and their

successors, and to such governors, officers, and ministers, as

shall be, by our said council, constituted and appointed, accord-

ing to the natures and limits of their offices and places respect-

ively, that they shall and may, from time to time forever here-

after, within the said precincts, of Virginia, or in the way by

sea thither and from thence, have full and absolute power and

authority, to correct, punish, pardon, govern and rule, all such

the subjects of us, our heirs and successors, as shall, from time

to time, adventure themselves in any voyage thither, or that

shall, at any time hereafter, inhabit in the precincts and terri-

tories of the said colony, as aforesaid, according to such orders,

ordinances, constitutions, directions, and instructions, as by our

said council, as aforesaid, shall be established; and in defect

thereof, in case of necessity, according to the good discretions of

the said governor and officers, respectively, as well in cases cap-

ital and criminal as civil, both marine and other; So always, as

the said statutes, ordinances and proceedings, as near as con-

veniently may be, be agreeable to the laws, statutes, government,

and policy of our realm of this England.

24. And we do further, of our special grace, certain knowl-

edge, and mere motion, giant, declare and ordain, that such prin-

cipal governor, as, from time to time, shall duly and lawfully

be authorized and appointed, in manner and form in these presents

heretofore expressed, shall have full power and authority, to use

• 19
 

The Virginia Charters.                31

 

and exercise martial law, in cases of rebelion or mutiny, in as large

and ample manner, as our lieutenants in our counties, within this

our realm of England, have or ought to have, by force of their

commissioners of Lieutenantcy.

25. And furthermore, if any person or persons, adventurers

or planters of the said colony, or any other, at any time or times

hereafter, shall transport any monies, goods or merchandises,

out of any of our kingdoms, with a pretence or purpose, to land,

sell or otherwise dispose of the same, within the limits or bounds

of the said colony, and yet nevertheless, being at sea, or after

he hath landed within any part of the said colony, shall carry the

same into any other foreign country, with a purpose there to sell

and dispose thereof; that then all the goods and chattels of the

said person, or persons, so offending and transported, together

with the ship or vessel, wherein such transportation was made,

shall be forfeited to us, our heirs and successors.

26. And further our will and pleasure is, that in all ques-

tions and doubts, that shall arise, upon any difficulty of con-

struction or interpretation of any thing, contained either in this,

or in our said former letters patents, the same shall be taken and

interpreted, in most ample and beneficial manner for the said

treasurer and company, and their successors, and every member

thereof.

27. And further, we do, by these presents, ratify and con-

firm unto the said treasurer and company, and their successors,

all the privileges, franchises, liberties, and immunities, granted

in our said former letters patents, and not in these our letters

patents revoked, altered, changed, or abridged.

28. And finally, our will and pleasure is, and we do further,

hereby, for us, our heirs, and successors, grant and agree, to

and with the said treasurer and company, and their successors,

that all and singular person and persons, which shall, at any time

or times hereafter, adventure any sum or sums of money, in and

towards the said plantation of the said colony in Virginia, and

shall be admitted by the said council and company, as adven-

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32        Ohio Arch. and His. Society Publications.

 

turers of the said colony, in form aforesaid, and shall be enrolled

in the book or records of the adventurers of the said company,

shall and may be accounted, accepted, taken, held, and reputed,

adventurers of the said colony, and shall and may enjoy all and

singular grants, privileges, liberties, benefits, profits, commodi-

ties, and immunities, advantages, and emoluments, whatsoever,

as fully, largely, amply, and absolutely, as if they, and every of

them, had been precisely, plainly, singularly, and distinctly, named

and inserted in these our letters patents.

29. And lastly, because the principal effect, which we can

desire or expect of this action, is the conversion and reduction of

the people in those parts unto the true worship of God and Chris-

tian religion, in which respect we should be loath, that any person

should be permitted to pass, that we suspected to effect the super-

stitions of the church of Rome; we do hereby declare, that it is

our will and pleasure, that none be permitted to pass in any voy-

age, from time to time to be made into the said country, but such,

as first shall have taken the oath of supremacy; for which pur-

pose, we do, by these presents, give full power and authority,

to the treasurer for the time being, and any three of the council,

to tender and exhibit the said oath, to all such persons, as shall,

at any time, be sent and employed in the said voyage. Although

express mention of the true yearly value or certainty of the prem-

ises, or any of them, or of any other gifts or grants, by us or

any of our progenitors or predecessors, to the aforesaid treasurer

and company heretofore made, in these presents is not made;

or any act, statute, ordinance, provision, proclamation, or re-

straint, to the contrary hereof had, made, ordained, or provided,

or any other thing, cause, or matter, whatsoever, in any wise not-

withstanding. In witness whereof, we have caused these our

letters to be made patent. Witness ourself at Westminster, the

23d day of May, in the seventh year of our reign of England,

France, and Ireland, and of Scotland the * * * *

Per ipsum Regem.

LUKIN.

• 21
 

The Virginia Charters.               33

 

 

THE THIRD CHARTER OF VIRGINIA

 

To THE TREASURER AND COMPANY, FOR VIRGINIA.

 

 

(DATED MARCH 12, 1611-2.)

 

1. James, by the grace of God, king of England, Scotland,

France and Ireland, defender of the faith; to all to whom these

presents shall come greeting, Whereas, at the humble suit of

divers and sundry our loving subjects, as well adventurers as

planters of the first colony in Virginia, and for the propagation

of christian religion, and reclaiming of people barbarous to civil-

ity and humanity, we have, by our letters patents, bearing date,

at Westminster, the three and twentieth day of May, in he sev-

enth year of our reign of England, France, and Ireland, and the

two and fortieth of Scotland, given and granted unto them, that

they, and all such and so many of our loving subjects, as should

from time to time for everafter, be joined with them, as planters

or adventurers in the said plantation, and their successors, for-

ever, should be one body politick, incorporated by the name of,

The Treasurer and Company of Adventurers and Planters of

the city of London for the first Colony in Virginia.

2. And whereas also, for the greater good and benefit of the

said company, and for the better furtherance, strengthening, and

establishing of the said plantation, we did further give, grant

and confirm, by our said letters patents, unto the said treasurer,

and company, and their successors, for ever, all those lands,

countries, or territories, situate, lying, and being, in that part of

America called Virginia, from the point of land, called Cape or

Point Comfort, all along the sea coasts, to the northward, two

hundred miles, and from the said point of Cape Comfort all along

the sea coast, to the southward, two hundred miles, and all that

space and circuit of land, lying from the sea coast of the precinct

aforesaid, up or into the land, throughout from sea to sea, west

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34       Ohio Arch. and His. Society Publications.

 

and northwest, and also all the islands, lying within one hundred

miles, along the coast of both the seas of the precinct aforesaid,

with divers other grants, liberties, franchises, and preheminences,

privileges, profits, benefits, and commodities, granted, in and by

our letters patents, to the said treasurer and company, and their

successors, for ever:

3. Now, forasmuch as we are given to understand, that in

those seas, adjoining to the said coast of Virginia, and without

the compass of those two hundred miles, by us so granted unto

the said treasurer and company, as aforesaid, and yet not far

distant from the said colony in Virginia, there are, or may be,

divers islands, lying desolate and uninhabited, some of which are

already made known and discovered, by the industry, travel, and

expences of the said company, and others also are supposed to

be and remain, as yet, unknown and undiscovered, all and every of

which it may import the said colony, both in safety and policy

of trade, to populate and plant, in regard whereof, as well for the

preventing of peril, as for the better commodity and prosperity

of the said colony, they have been humble suitors unto us, that

we would be pleased to grant unto them an enlargement of our

said former letters patents, as well for a more ample extent of

their limits and territories into the seas, adjoining to and upon the

coast of Virginia, as also for some other matters and articles,

concerning the better government of the said company and col-

ony, in which point our said former letters patents do not extend

so far, as time and experience hath found to be needful and con-

venient:

4. We therefore, tendering the good and happy success of

the said plantation, both in regard of the general weal of human

society, as in respect of the good of our own estate and king-

doms, and being willing to give furtherance unto all good means,

that may advance the benefit of the said company, and which may

secure the safety of our loving subjects, planted in our said colony

under the favour and protection of God Almighty, and of our

royal power and authority, have therefore, of our especial grace,

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The Virginia Charters.                35

 

certain knowledge, and mere motion, given, granted, and con-

firmed, and for us, our heirs and successors, we do, by these

presents, give, grant, and confirm, to the said treasurer and

company of adventurers and planters of the city of London for

the first colony in Virginia, and to their heirs and successors, for

ever, all and singular those Islands whatsoever, situate and being

in any part of the ocean seas bordering upon the coast of our

said first colony in Virginia, and being within three hundred

leagues of any the parts heretofore granted to the said treasurer

and company, in our said former letters patents, as aforesaid,

and being within or between the one and fortieth and thirtieth

degrees of northerly latitude, together with all and singular soils,

lands, grounds, havens, ports, rivers, waters, fishings, mines, and

minerals, as well royal mines of gold and silver, as other mines

and minerals, pearls, precious stones, quarries, and all and singu-

lar other commodities, jurisdictions, royalties, privileges, fran-

chises, and preheminences, both within the said tract of land upon

the main, and also within the said Islands and seas adjoining,

whatsoever, and thereunto or thereabouts, both by sea and land,

being or situate; and which, by our letters patents, we may or

can grant, and in as ample manner and sort, as we, or any our

noble progenitors, have hertofore granted to any person or per-

sons, or to any company, body politick or corporate, or to any

adventurer or adventurers, undertaker or undertakers, of any

discoveries, plantations, or traffick, of, in or into any foreign

parts, whatsoever, and in as large and ample manner, as if the

same were herein particularly named, mentioned, and expressed:

Provided always, that the said Islands, or any the premises herein

mentioned, or by these presents intended or meant to be granted,

be not actually possessed or inhabited by any other Christian

prince or estate, nor be within the bounds, limits, or territories

of the northern colony, heretofore by us granted to be planted

by divers of our loving subjects, in the north parts of Virginia.

To have and to hold, possess and enjoy, all and singular the said

Islands, in the said ocean seas so lying, and bordering upon the

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36        Ohio Arch. and His. Society Publications.

 

coast and coasts of the territories of the said first colony in Vir-

ginia, as aforesaid; with all and singular the said soils, lands, and

grounds, and all and singular other the premises, heretofore by

these presents granted, or mentioned to be granted, to them, the

said treasurer and company of adventurers and planters of the

city of London for the first colony in Virginia, and to their heirs,

successors, and assigns, for ever, to the sole and proper use and

behoof of them, the said treasurer and company, and their heirs,

and successors, and assigns, forever; to be holden of us, our heirs,

and successors, as of our manor of East Greenwich, in free and

common soccage, and not in capite; yielding and paying there-

fore to us, our heirs, and successors, the fifth part of the ore of

all gold and silver, which shall be there gotten, had, or obtained,

for all manner of services whatsoever.

5. And further, our will and pleasure is, and we do, by

these presents, grant and confirm, for the good and welfare of

the said plantation, and that posterity may hereafter know, who

have adventured and not been sparing of their purses in such a

noble and generous action for the general good of their country,

and at the request, and with the consent, of the company afore-

said, that our trusty and well beloved subjects, George, Lord

Archbishop of Canterbury, Henry, Earl of Huntington, Edward,

Earl of Bedford, Richard, Earl of Clanrickard, etc., who since our

said last letters patents are become adventurers, and have joined

themselves with the former adventurers and planters of the said

company and society, shall, from henceforth, be reputed, deemed,

and taken to be, and shall be brethren and free members of the

company, and shall and may, respectively, and according to the

proportion and value of their several adventures, have, hold and

enjoy all such interest, right, title, privileges, preheminences,

liberties, franchises, immunities, profits, and commodities, what-

soever, in as large, and ample, and beneficial manner, to all in-

tents, constructions, and purposes, as any other adventurers,

nominated and expressed in any our former letters patents, or

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The Virginia Charters.               37

 

any of them, have or may have, by force and virtue of these pres-

ents, or any our former letters patents whatsoever.

6. And we are further pleased, and we do, by these presents,

grant and confirm, that Philip, Earl of Montgomery, William,

Lord Paget, Sir John Starrington, Knt., etc., whom the said

treasurer and company have, since the said last letters patents,

nominated and set down, as worthy and discreet persons, fit to

serve as counsellors, to be of our council for the said plantation,

shall be reputed, deemed, and taken as persons of our said council

for the said first colony, in such manner and sort, to all intents

and purposes, as those who have been formerly elected and nom-

inated, as our counsellors for that colony, and whose names have

been or are inserted and expressed in our said former letters

patents.

7. And we do hereby ordain and grant, by these presents,

that the said treasurer and company of adventurers and planters

aforesaid, shall and may, once every week, or oftener, at their

pleasure, hold and keep a court and assembly, for the better

order and government of the said plantation, and such things,

as shall concern the same; and that any five persons of our

council for the said first colony in Virginia, for the time being,

of which company the treasurer, or his deputy, to be always

one, and the number of fifteen others, at the least, of the generality

of the said company, assembled together in such manner, as is

and hath been heretofore used and accustomed, shall be said,

taken, held, and reputed to be, and shall be a sufficient court of

the said company, for the handling, and ordering, and dispatch-

ing of all such casual and particular occurrences, and accidental

matters, of less consequence and weight, as shall, from time to

time, happen, touching and concerning the said plantation:

8. And that nevertheless, for the handling, ordering, and

disposing of matters and affairs of greater weight and importance,

and such as shall or may, in any sort, concern the weal publick

and general good of the said company and plantation, as namely

the manner of government from time to time to be used, the order-

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38        Ohio Arch. and His. Society Publications.

 

ing and disposing of the lands and possessions, and the settling

and establishing of a trade there, or such like, there shall be held

and kept, every year, upon the last Wednesday, save one, of

Hillary term, Easter, Trinity, and Michaelmas terms, for ever,

one great, general, and solemn assembly, which four assemblies

shall be stiled and called, The Four Great and General Courts

of the Council and Company of Adventurers for Virginia; in

all and every of which said great and general courts, so assembled,

our will and pleasure is, and we do, for us, our heirs, and succes-

sors, for ever, give and grant to the said treasurer and company

and their successors, for ever, by these presents, that they the

said treasurer and company, or the greater number of them, so

assembled, shall and may have full power and authority, from

time to time, and at all times hereafter, to elect and choose dis-

creet persons, to be of our said council, for the said first colony

in Virginia, and to nominate and appoint such officers, as they

shall think fit and requisite, for the government, managing, or-

dering, and dispatching of the affairs of the said company, and

shall likewise have full power and authority, to ordain and make

such laws and ordinances, for the good and welfare of the said

plantation, as to them, from time to time, shall be thought re-

quisite and meet: so always, as the same be not contrary to the

laws and statutes of this our realm of England; and shall, in like

manner, have power and authority, to expulse, disfranchise, and

put, out of and from their said company and society, for ever,

all and every such person and persons, as having either prom-

ised, or subscribed their names, to become adventurers to the

said plantation of the said first colony in Virginia, or having been

nominated for adventurers, in these or any other our letters

patents, or having been otherwise admitted and nominated to

be of the said company, have nevertheless either not put in any

adventure at all, for and towards the said plantation, or else

have refused and neglected, or shall refuse and neglect, to bring

in his or their adventure, by word or writing promised, within

six months after the same shall be so payable and due.

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The Virginia Charters.               39

 

9. And whereas the failing and not payment of such monies,

as have been promised in adventure for the advancement of the

said plantation, hath been often by experience found, to be danger-

ous and prejudicial to the same, and much to have hindered the

progress and proceeding of the said plantation, and for that it

seemeth unto us a thing reasonable, that such persons, as by

their hand writing have engaged themselves for the payment

of their adventurers, and afterwards neglecting their faith and

promise, should be compelled to make good and keep the same;

therefore our will and pleasure is, that in any suit or suits, com-

menced or to be commenced, in any of our courts at Westminster,

or elsewhere, by the said treasurer and company, or otherwise,

against any such persons, that our judges for the time being,

both in our court of chancery, and at the common pleas, do

favour and further the said suits, so far forth as law and equity will,

in any wise, further and permit.

10. And we do, for us, our heirs, and successors, further

give and grant to the said treasurer and company, or their suc-

cessors, for ever, that, the said treasurer and company, or the

greater part of them, for the time being, so in a full and general

court assembled, as aforesaid, shall and may from time to time,

and at all times for ever hereafter, elect, choose, and admit into

their company and society, any person or persons, as well strang-

ers and aliens, born in any part beyond the seas wheresoever,

being in amity with us, as our natural liege subjects, born in any

our realms, and dominions; and that all such persons, so elected,

chosen and admitted to be of the said company, as aforesaid, shall

thereupon be taken, reputed, and held, and shall be, free mem-

bers of the said company, and shall have, hold, and enjoy, all

and singular freedoms, liberties, franchises, privileges, immuni-

ties, benefits, profits and commodities, whatsoever, to the said

company in any sort belonging or appertaining, as fully, freely,

and amply, as any other adventurers, now being, or which here-

after at any time shall be of the said company, hath, have, shall,

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40        Ohio Arch. and His. Society Publications.

 

may, might, or ought to have and enjoy the same, to all intents

and purposes whatsoever.

11. And we do further of our especial grace, certain knowl-

edge, and mere motion, for us, our heirs, and successors, give

and grant unto the said treasurer and company, and their suc-

cessors, for ever, by these presents, that it shall be lawful and free,

for them and their assigns, at all and every time and times here-

after, out of any our realms and dominions whatsoever, to take,

lead, carry, and transport, in and into the said voyage, and for

and towards the said plantation, of our said first colony in Vir-

ginia, all such and so many of our loving subjects, or any other

strangers, that will become our loving subjects and live under

our allegience, as shall willingly accompany them in the said

voyages and plantation; with shipping, armour, weapons, ord-

nance, munition, powder, shot, victuals, and all manner of mer-

chandises and wares, and all manner of cloathing, implements,

furniture, beasts, cattle, horses, mares, and all other things nec-

essary for the said plantation, and for their use and defence,

and for trade with the people there, and in passing and returning

to and from, without paying or yielding any subsidy, custom, or

imposition either inward or outward, or any other duty, to us, our

heirs, or successors, for the same, for the space of seven years

from the date of these presents.

12. And we do further, for us, our heirs, and successors,

give and grant to the said treasurer and company, and their suc-

cessors, for ever, by these presents, that the said treasurer of that

company, or his deputy, for the time being, or any two other of

the said council for the said first colony in Virginia, for the time

being, or any two other at all times hereafter, and from time to

time have full power and authority, to minister and give the

oath and oaths of supremacy and allegiance, or either of them,

to all and every person and persons, which shall at any time or

times hereafter, go or pass to the said colony in Virginia:

13. And further, that it shall be lawful likewise for the said

treasurer, or his deputy, for the time being, or any two or others

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The Virginia Charters.               41

 

of our said council for the said first colony in Virginia, for the

time being, from time to time, and at all times hereafter, to min-

ister such a formal oath, as by their discretion shall be reasonably

devised, as well unto any person or persons, employed in, for, or

touching the said plantation, for their honest, faithful, and just

discharge of their service, in all such matters, as shall be com-

mitted unto them for the good and benefit of the said company,

colony, and plantation; as also, unto such other person or per-

sons, as the said treasurer or his deputy, with two others of the

said council, shall think meet, for the examination or clearing of

the truth, in any cause whatsoever concerning the said planta-

tion, or any business, from thence proceeding, or thereunto

belonging.

14. And furthermore, whereas we have been certified, that

divers lewd and ill-disposed persons, both sailors, soldiers, arti-

ficers, husbandmen, labourers, and others, having received wages,

apparel, and other entertainment, from the said company, or

having contracted and agreed with the said company, to go,

or to serve, or to be employed in the said plantation of the said first

colony in Virginia, have afterwards either withdrawn, hid or

concealed themselves, or have refused to go thither, after they

have been so entertained and agreed withal; and that divers and

sundry persons also, which have been sent and employed in the

said plantation of the said first colony in Virginia, at and upon the

charge of the said company, and having there misbehaved them-

selves, by mutinies, sedition, or other notorious misdemeanors,

or having been employed or sent abroad, by the governor of Vir-

ginia or his deputy, with some ship or pinnace, for our provision

of the said colony, or for some discovery, or other business and

affairs, concerning the same, have from thence most treacherously

either come back again and returned into our realm of England,

by stealth, or without licence of our governor of our said colony

in Virginia for the time being, or have been sent hither, as mis-

doers and offenders; and that many also of those persons, after

their return from thence, having been questioned by our said

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42        Ohio Arch. and His. Society Publications.

 

council here, for such their misbehaviors and offences, by their

insolent and contemptuous carriage in the presence of our said

council, have shewed little respect and reverence, either to the

place, or authority, in which we have placed and appointed them;

and others, for the colouring of their lewdness and misdemeanors

committed in Virginia, have endeavored, by most vile and slan-

derous reports, made and divulged, as well of the country of

Virginia, as also of the government and estate of the said planta-

tion and colony, as much as in them lay, to bring the said voyage

and plantation into disgrace and contempt; by means whereof,

not only the adventurers and planters, already engaged in the

said plantation, have been exceedingly abused and hindered, and

a great number of other our loving and well disposed subjects,.

otherwise well affected, and enclined to join and adventure in

so noble, christian, and worthy an action, have been discouraged

from the same, but also the utter overthrow and ruin of the said

enterprise hath been greatly endangered, which cannot miscarry

without some dishonor to us and our kingdom;

15. Now, forasmuch as it appeareth unto us, that these

insolences, misdemeanors, and abuses, not to be tolerated in

any civil government, have, for the most part, grown and pro-

ceeded, in regard our said council have not any direct power

and authority, by any express words in our former letters patents,

to correct and chastise such offenders; we therefore, for the more

speedy reformation of so great and enormous abuses and misde-

meanors, heretofore practised and committed, and for the pre-

venting of the like hereafter, do, by these presents, for us, our

heirs, and successors, give and grant to the said treasurer and

company, and their successors, for ever, that it shall and may be

lawful for our said council for the said first colony in Virginia,

or any two of them (whereof the said treasurer, or his deputy,

for the time being, to be always one) by warrant under their hands,

to send for, or to cause to be apprehended, all and every such

person, and persons, who shall be noted, or accused, or found,

at any time or times hereafter, to offend, or misbehave them-

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The Virginia Charters.               43

 

selves, in any the offences before mentioned and expressed;

and upon the examination of any such offender or offenders,

and just proof made by oath, taken before the said council, of

any such notorious misdemeanors by them committed, as afore-

said; and also upon any insolent and contemptuous, or indecent

carriage, and misbehaviour, to or against our said council, shewed

or used by any such person or persons, so called, convented,

and appearing before them, as aforesaid; that in all such cases,

they, our said council, or any two of them, for the time being, shall

and may have full power and authority, either here to bind them

over with good surities for their good behaviour, and further

therein to proceed, to all intents and purposes, as it is used, in

other like cases, within our realm of England; or else, at their

discretion, to remand and send them back, the said offenders, or

any of them, unto the said colony in Virginia, there to be pro-

ceeded against and punished, as the governor, deputy, or council

there, for the time being, shall think meet; or otherwise accord-

ing to such laws and ordinances, as are and shall be in use there,

for the well ordering and good government of the said colony.

16. And for the more effectual advancing of the said plan-

tation, we do further, for us, our heirs, and successors, of our

especial grace and favour, by virtue of our prerogative royal,

and by the assent and consent of the Lords and others of our

privy council, give and grant unto the said treasurer and com-

pany, full power and authority, free leave, liberty, and licence,

to set forth, erect, and publish, one or more lottery or lotteries,

to have continuance, and to endure and be held, for the space

of one whole year, next after the opening of the same; and after

the end and expiration of the said term, the said lottery or lotteries

to continue and be further kept, during our will and pleasure only,

and not otherwise. And yet nevertheless, we are contented and

pleased for the good and welfare of the said plantation, that the

said treasurer and company shall, for the dispatch and finishing

of the said lottery or lotteries, have six months warning after

the said year ended, before our will and pleasure shall, for and

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44        Ohio Arch. and His. Society Publications.

 

on that behalf, be construed, deemed, and adjudged, to be in any

wise altered and determined.

17. And our further will and pleasure is, that the said

lottery and lotteries shall and may be opened and held, within

our city of London, or in any other city or town, or elsewhere,

within this our realm of England, with such prizes, articles, con-

ditions, and limitations, as to them, the said treasurer and com-

pany, in their discretion shall seem convenient:

18. And that it shall and may be lawful, to and for the said

treasurer and company, to elect and choose receivers, auditors,

surveyors, commissioners, or any other officers, whatsoever, at

their will and pleasure, for the better marshalling, disposing,

guiding, and governing of the said lottery and lotteries; and that

it shall likewise be lawful, to and for the said treasurer and any two

of the said council, to minister to all and every such person so

elected and chosen for officers, as aforesaid, one or more oaths,

for their good behaviour, just and true dealing, in and about the

said lottery or lotteries, to the intent and purposes, that none

of our loving subjects, putting in their names, or otherwise ad-

venturing in the said general lottery or lotteries, may be, in any

wise, defrauded and deceived of their said monies, or evil and

indirectly dealt withal in their said adventurers.

19. And we further grant in manner and form aforesaid,

that it shall and may be lawful, to and for the said treasurer and

company, under the seal of the said council for the plantation,

to publish, or to cause and procure to be published, by procla-

mation or otherwise (the said proclamation, to be made in their

name, by virtue of these presents) the said lottery or lotteries in

all cities, towns, boroughs, and other places within our said

realm of England; and we will and command all mayors, justices

of peace, sheriffs, bailiffs, constables, and other officers and loving

subjects, whatsoever, that, in no wise, they hinder or delay the

progress and proceedings of the said lottery or lotteries, but be

therein touching the premises, aiding and assisting, by all honest

good and lawful means and endeavours.

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The Virginia Charters.                45

 

20. And further our will and pleasure is, that in all ques-

tions, and doubts, that shall arise, upon any difficulty of construc-

tion or interpretation of any thing contained in these, or any

other our former letters patents, the same shall be taken and

interpreted, in most ample and beneficial manner for the said

treasurer and company, and their successors, and every member

thereof.

21. And lastly, we do by these presents, ratify and confirm

unto the said treasurer and company, and their successors, for

ever, all and all manner of privileges, franchises, liberties, im-

munities, preheminences, profits and commodities, whatsoever,

granted unto them in any our former letters patents, and not in

these presents revoked, altered, changed, or abridged, although

express mention of the true yearly value or certainty of the prem-

ises, or any of them, or of any other gift or grant, by us or any

of our progenitors or predecessors, to the aforesaid treasurer and

company heretofore made, in these presents is not made; or

any statute, act, ordinance, provision, proclamation, or restraint,

to the contrary thereof heretofore made, ordained, or provided,

or any other matter, cause, or thing, whatsoever, to the contrary,

in any wise, notwithstanding.

In witness whereof we have caused these our letters to be

made patents. Witness ourself, at Westminster, the twelfth day

of March, in the ninth year of our reign of England, France, and

Ireland, and of Scotland the five and fortieth.

• 34