Ohio History Journal

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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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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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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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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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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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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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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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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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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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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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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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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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.

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