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