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.]
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