University of Virginia Library


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APPENDIX

CHARTER OF 1606

"Letters Patent to Sir Thomas Gates, Sir George Somers
and others, for two several Colonies and Plantations, to
be made in Virginia, and other parts and Territories of
America. Dated April 10, 1606.[1]

"I. James, by the grace of God, King of England, Scotland,
France, and Ireland, Defender of the Faith, &c.
Whereas our loving and well-disposed subjects, Sir Thomas
Gates, and Sir George Somers, Knights, Richard Hackluit,
clerk, Prebendary of Westminster, and Edward-Maria Wingfield,
Thomas Hanham, and Ralegh Gilbert, Esqrs., William
Parker and George Popham, gentlemen, and divers others
of our loving subjects, have been humble suitors unto us, that
we would vouch safe unto them our licence, to make habitation,
plantation, and to deduce a colony of sundry of our


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people into that part of America, commonly called Virginia,
and other parts and territories in America, either
appertaining unto us, or which are not now actually possessed
by any christian prince or people, situate, lying, and being
all along the sea coasts, between four and thirty degrees of
Northerly latitude from the Equinoctial line, and five and
forty degrees of the same latitude, and in the main land
between the same four and thirty and five and forty degrees,
and the islands thereunto adjacent, or within one hundred
miles of the coasts thereof.

"II. And to that end, and for the more speedy accomplishment
of their said intended plantation and habitation
there, are desirous to divide themselves into two several
colonies and companies; the one consisting of certain Knights,
gentlemen, merchants, and other adventurers, of our city of
London and elsewhere, which are and from time to time shall
be, joined unto them, which do desire to begin their plantation
and habitation in some fit and convenient place, between
four and thirty and one and forty degrees of the said latitude,
alongst the coasts of Virginia and coast of America aforesaid;
and the other consisting of sundry Knights, gentlemen,
merchants, and other adventurers of our cities of Bristol
and Exeter, and of our town of Plimouth, and of other places,
which do join themselves unto that Colony, which do desire
to begin their Plantation and habitation in some fit and convenient
place, between eight and thirty degrees and five and
forty degrees of the said latitude, all alongst the said coast
of Virginia and America, as that coast lyeth.

"III. We greatly commending, and graciously accepting
of, their desires for the furtherance of so noble a work, which
may, by the providence of Almighty God, hereafter tend to
the glory of his divine Majesty, in propagating of Christian
religion to such people, as yet live in darkness and miserable
ignorance of the true knowledge and worship of God, and
may in time bring the infidels and savages, living in those
parts, to human civility, and to a settled and quiet government;


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Do by these our letters pattents, graciously accept of,
and agree to, their humble and well intended desires;

"IV. And do therefore, for us, our heirs, and successors,
grant and agree, that the said Sir Thomas Gates, Sir George
Somers, Richard Hackluit, and Edward-Maria Wingfield,
adventurers of and for our city of London, and all such others,
as are, or shall be joined unto them of that Colony, shall be
called the first Colony; and they shall and may begin their
said first plantation and habitation at any place upon the
said coast of Virginia or America, where they shall think
fit and convenient, between the said four and thirty and one
and forty degrees of the said latitude; and that they shall
have all the lands, woods, soil, grounds, havens, ports, rivers,
mines, minerals, marshes, waters, fishings, commodities, and
hereditaments, whatsoever, from the said first seat of their
plantation and habitation by the space of fifty miles of
English statute measure, all along the said coast of Virginia
and America, towards the west and south-west, as the coast
lyeth, with all the islands within one hundred miles directly
over against the same sea coast; and also all the lands, soil,
grounds, havens, ports, rivers, mines, minerals, woods,
waters, marshes, fishing, commodities, and hereditaments,
whatsoever, from the said place of their first plantation and
habitation for the space of fifty like English miles, all alongst
the said coast of Virginia and America, towards the east
and north-east, or towards the north, as the coast lyeth,
together with all the islands within one hundred miles, directly
over against the said sea coast, and also all the lands, woods,
soil, grounds, havens, ports, rivers, mines, minerals, marshes,
waters, fishings, commodities, and hereditaments, whatsoever
from the same fifty miles every way on the sea coast,
directly into the main land by the space of one hundred
like English miles; and shall and may inhabit and fortify
within any the same, for their better safeguard and defence,
according to their best discretion and the discretion of the
council of that colony; and that no other of our subjects


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shall be permitted, or suffered to plant or inhabit behind,
or on the backside of them, towards the main land, without
the express licence or consent of the council of that colony,
thereunto in writing first had and obtained.

"V. And we do likewise, for us, our heirs, and successors,
by these presents, grant and agree, that the said Thomas
Hanham, and Ralegh Gilbert, William Parker and George
Popham, and all others of the town of Plimouth in the county
of Devon, or elsewhere, which are, or shall be, joined unto
them of that colony, shall be called the second colony; and
that they shall and may begin their said Plantation and seat
of their first abode and habitation, at any place upon the
said coast of Virginia and America, where they shall think
fit and convenient, between eight and thirty degrees of the
said latitude, and five and forty degrees of the same latitude;
and that they shall have all the lands, &c. [as granted to
the first colony. Sec. IV.].

"VI. Provided always, and our will and pleasure herein
is, that the plantation and habitation of such of the said
colonies, as shall last plant themselves, as aforesaid shall
not be made within one hundred like English miles of the
other of them, that first began to make their plantation as
aforesaid.

"VII. And we do also ordain, establish, and agree, for
us, our heirs, and successors, that each of the said colonies
shall have a Council, which shall govern and order all matters
and causes, which shall arise, grow or happen, to or
within the same several colonies, according to such laws,
ordinances, and instructions as shall be in that behalf, given
and signed with our hand or sign manuel, and pass under
the privy seal of our realm of England; each of which Councils
shall consist of thirteen persons, to be ordained, made,
and removed from time to time, according as shall be directed
and comprised in the same instructions; and shall have a
several seal, for all matters that shall pass or concern the
same several councils; each of which seals shall have the


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King's arms engraved on the one side thereof, and his portraiture
on the other; and that the seal for the council of
the said first colony shall have engraven round about, on the
one side, these words; Sigillum Regis Magnæ Britanniæ,
Franciæ, et Hiberniæ;
on the other side this inscription round
about; Pro Concilio primæ Coloniæ Virginiæ. And the
seal for the council of the said second colony shall also
have engraven, round about the one side thereof, the aforesaid
words; Sigillum Regis Magnæ Britanniæ, Franciæ, et
Hiberniæ;
and on the other side; Pro Concilio secundæ
Coloniæ Virginiæ.

"VIII. And that also there shall be a council established
here in England, which shall, in like manner, consist
of thirteen persons to be, for that purpose, appointed by us,
our heirs, and successors, which shall be called our Council of
Virginia; and shall, from time to time, have the superior
managing and direction, only of and for all matters that
shall or may concern the government, as well of the said
several colonies,[2] as of and for any other part or place, within
the aforesaid precincts of four and thirty and five and forty
degrees, above-mentioned; which council shall, in like manner,


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have a seal,[3] for matters concerning the council or colonies,
with the like arms and portraiture, as aforesaid, with
this inscription engraven round about on the one side;
Sigillum Regis Magniæ Britanniæ, Franciæ, et Hiberniæ;
and round about the other side, Pro Concilio suo Virginiæ.

"IX. And moreover, we do grant and agree, for us, our
heirs and successors, that the said several councils, of and
for the said several colonies, shall and lawfully may, by
virtue hereof, from time to time, without any interruption
of us, our heirs or successors, give and take order, to dig,
mine, and search for all manner of mines of gold, silver,
and copper, as well within any part of their said several
colonies, as of the said main lands on the backside of the
same colonies; and to have and enjoy the gold, silver, and
copper, to be gotten thereof, to the use and behoof of the
same colonies, and the plantations thereof; yielding therefore,
to us, our heirs and successors, the fifth part only of
all the same gold and silver, and the fifteenth part of all the
same copper, so to be gotten or had, as is aforesaid, without
any other manner of profit or account, to be given or yielded
to us, our heirs, or successors, for or in respect of the same.

"X. And they shall, or lawfully may, establish and cause
to be made a coin, to pass current there between the people
of those several colonies, for the more ease of traffick and
bargaining between and amongst them and the natives there,


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of such metal, and in such manner and form, as the said
several councils there shall limit and appoint.

"XI. And we do likewise, for us, our heirs, and successors,
by these presents, give full power and authority to the
said Sir Thomas Gates, Sir George Somers, Richard Hackluit,
Edward-Maria Wingfield, Thomas Hanham, Ralegh Gilbert,
William Parker, and George Popham, and to every of them,
and to the said several companies, plantations, and colonies,
that they, and every of them, shall and may at all and every
time and times hereafter, have, take, and lead in the said
voyage, and for and towards the said several plantations
and colonies, and to travel thitherward, and to abide and
inhabit there, in every the said colonies and plantations, such
and so many of our subjects, as shall willingly accompany
them or any of them in the said voyage and plantations; with
sufficient shipping, and furniture of armour, weapons,
ordnance, powder, victual, and all other things, necessary
for the said plantations, and for their use and defence there.

"Provided always, That none of the said persons be such
as shall hereafter be specially restrained by us, our heirs,
or successors.

"XII. Moreover, we do, by these presents, for us, our
heirs, and successors, give and grant licence unto the said
Sir Thomas Gates, Sir George Somers, Richard Hackluit,
Edward-Maria Wingfield, Thomas Hanham, Ralegh Gilbert,
William Parker, and George Popham, and to every of the
said colonies, that they, and every of them, shall and may,
from time to time, and at all times for ever hereafter, for
their several defences, encounter, expulse, repel and resist,
as well by sea as by land, by all ways and means whatsoever,
all and every such person and persons, as without the
especial licence of the said several colonies and plantations,
shall attempt to inhabit within the said several precincts and
limits of the said several colonies and plantations, or any
of them, or that shall enterprise or attempt, at any time hereafter,


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the hurt, detriment, or annoyance of the said several
colonies or plantations:

"XIII. Giving and granting by these presents, unto the
said Sir Thomas Gates, Sir George Somers, Richard Hackluit,
Edward-Maria Wingfield, and their associates of the said first
colony, and unto the said Thomas Hanham, Ralegh Gilbert,
William Parker, and George Popham, and their associates
of the said second colony, and to every of them, from time
to time, and at all times forever hereafter power and authority
to take and surprise by all ways and means whatsoever,
all and every person and persons, with their ships, vessels,
goods, and other furniture, which shall be found trafficking,
into any harbour or harbours, creek or creeks, or place, within
the limits or precincts of the said several colonies and plantations,
not being of the same colony, until such time, as they,
being of any realms or dominions under our obedience, shall
pay, or agree to pay, to the hands of the Treasurer of that
colony, within whose limits and precincts they shall so traffick,
two and a half upon every hundred, of anything, so by them
trafficked, bought, or sold; and being strangers, and not
subjects under our obeyance, until they shall pay five upon
every hundred, of such wares and merchandises, as they shall
traffick, buy, or sell, within the precincts of the said several
colonies, wherein they shall so traffick, buy, or sell as aforesaid;
which sums of money, or benefit, as aforesaid, for and
during the space of one and twenty years, next ensuing
the date hereof, shall be wholly emploied to the use, benefit,
and behoof of the said several plantations, where such traffick
shall be made; 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,
and successors, shall be thereunto assigned or appointed.

"XIV. And we do further, by these presents, for us,
our heirs, and successors, give and grant unto the said Sir
Thomas Gates, Sir George Somers, Richard Hackluit, and
Edward-Maria Wingfield, and to their associates of the said


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first colony and plantation, and to the said Thomas Hanham,
Ralegh Gilbert, William Parker, and George Popham, and
their associates of the said second colony and plantation, that
they, and every of them, by their deputies, ministers, and
factors, may transport the goods, chattels, armour, munition,
and furniture, needful to be used by them, for their said
apparel, food, defence, or otherwise in respect of the said
plantations, out of our realms of England and Ireland, and
all other our dominions, from time to time, for and during
the time of seven years, next ensuing the date hereof, for
the better relief of the said several colonies and plantations,
without any custom, subsidy, or other duty, unto us, our
heirs, or successors, to be yielded or paid for the same.

"XV. Also we do, for us, our heirs, and successors,
declare, by these presents, that all and every the persons,
being our subjects, which shall dwell and inhabit within every
or any of the said several colonies and plantations, and
every of their children, which shall happen to be born within
any of the limits and precincts of the said several colonies
and plantations, shall have and enjoy all liberties, franchises,
and immunities, within any of our other dominions, to all
intents and purposes, as if they had been abiding and born,
within this our realm of England, or any other of our said
dominions.

"XVI. Moreover, our gracious will and pleasure is, and
we do, by these presents, for us, our heirs, and successors,
declare, and set forth, that if any person or persons, which
shall be of any of the said colonies and plantations, or any
other, which shall traffick to the said colonies and plantations,
or any of them, shall, at any time or times hereafter,
transport any wares, merchandises, or commodities, out of any
our dominions, with a pretence to land, sell, or otherwise
dispose of the same, within any the limits and precincts of
any the said colonies and plantations, and yet nevertheless,
being at sea, or after he hath landed the same within any of
the said colonies and plantations, shall carry the same into


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any other foreign country, with a purpose there to sell or
dispose of the same, without the licence of us, our heirs, and
successors, in that behalf first had and obtained; that then,
all the goods and chattels of such person or persons, so
offending and transporting, together with the said ship or
vessel, wherein such transportation was made, shall be forfeited
to us, our heirs, and successors.

"XVII. Provided always, and our will and pleasure is,
and we do hereby declare to all Christian kings, princes, and
states, that if any person or persons, which shall hereafter
be of any of the said several colonies, and plantations, or
any other, by his, their or any of their licence and appointment,
shall, at any time or times hereafter, rob or spoil, by
sea or by land, or do any act of unjust and unlawful hostility,
to any the subjects of us, our heirs, or successors, or any the
subjects of any King, Prince, ruler, governor, or state, being
then in league or amity with us, our heirs, or successors, and
that upon such injury, or upon just complaint of such prince,
ruler, governor, or state, or their subjects, we, our heirs,
or successors, shall make open proclamation, within any of
the ports of our realm of England, commodious for that
purpose, that the person or persons, having committed any
such robbery or spoil, shall, within the term to be limitted
by such proclamations, make full restitution or satisfaction
of all such injuries done, so as the said princes, or others,
so complaining, may hold themselves fully satisfied and contented;
and that, if the said person or persons, having committed
such Robbery or spoil, shall not make, or cause to be
made, satisfaction accordingly, within such time so to be
limited, that then it shall be lawful to us, our heirs, and
successors, to put the said person or persons, having committed
such robbery or spoil, and their procurers, abetters,
or comforters, out of our allegiance and protection; and
that it shall be lawful and free for all princes and others,
to pursue with hostility the said offenders, and every of


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them, and their and every of their procurers, aiders, abetters,
and comforters, in that behalf.

"XVIII. And finally, we do, for us, our heirs, and successors,
grant and agree, to and with the said Sir Thomas
Gates, Sir George Somers, Richard Hackluit, and Edward-Maria
Wingfield, and all others of the said first colony, that
we, our heirs, and successors, upon petition in that behalf
to be made, shall, by letters patent under the great seal of
England, give and grant unto such persons, their heirs, and
assigns, as the council of that colony, or the most part of
them, shall, for that purpose nominate and assign, all the
lands, tenements, and hereditaments, which shall be within
the precincts limited for that colony, as is aforesaid, to be
holden of us, our heirs, and successors, as of our manor of
East-Greenwich in the county of Kent, in free and common
soccage only, and not in capite:

"XIX. And do, &c. [Same grant as XVIII. to 2d colony.]

"All which lands, tenements and hereditaments so to be
passed by the said several letters patent, shall be sufficient
assurance from the said patentees, so distributed and divided
amongst the undertakers for the plantation of the said several
colonies, and such as shall make their plantations in either of
the said several colonies, in such manner and form, and for
such estates, as shall be ordered and set down by the council
of the said colony, or the most part of them, respectively,
within which the same lands, tenements and hereditaments
shall lye or be; although express mention 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 of our progenitors
or predecessors, to the aforesaid Sir Thomas Gates, Knight,
Sir George Somers, Knight, 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, ordinance,
or provision, proclamation, or restraint, to the contrary hereof


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had, made, ordained, or any other thing, cause, or matter
whatsoever, in any wise notwithstanding.

"In witness 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 our reign of England,
France, and Ireland, and of Scotland the nine and thirtieth.

"Lukin.
"Per breve de privato Sigillo."
 
[1]

The two companies for planting colonies in South and North Virginia were
both incorporated by this one charter.

The first colony was authorized to locate their plantation "in some fit and
convenient place," between 34° and 41° north latitude, and when so located the
charter granted them fifty miles north and fifty miles south of said location, as
well as one hundred miles to sea and one hundred miles within land. And the
second colony was authorized to locate their plantation between 38° and 45°
north latitude, and were granted in like manner fifty miles north and fifty miles
south of said location, etc. Provided, however, that they should not plant within
one hundred miles of each other. This clause has frequently been the subject
of remark; but as one colony was to extend fifty miles north of their first
plantation, and the other fifty miles south of theirs, the clause was necessary
to prevent a possible conflict of bounds between the two companies.

[2]

It must here be especially noted that under this charter the whole of North
America between 34° and 45° north latitude, commonly called Virginia, was
claimed by the king of England, and that the whole of this Virginia, including
the said very limited grants to the two companies, was placed under the management
of one and the same Royal Council of Virginia. About 2,000,000 square
miles were claimed by the crown, of which only 20,000 square miles were granted
to both companies.

This charter virtually attaches this portion of North America to the crown
of Great Britain, placing it at once "next under the King," under the government
of his Royal Council of Virginia. And while it virtually asserts that this
part was then unpossessed by, or that England had more right to it than, any
other Christian nation, it apparently concedes to Spain all the mainland south of
34°, and to France all north of 45° north latitude. See also LXXXIV. and CIV.
In many respects it is a very important document; but as a charter for colonization
it was mainly experimental, and as experience revealed its imperfections they
were corrected by subsequent charters. It remained, however, the basis of
England's claim to America between 34° and 45° north latitude.

[3]

The above cut represents both sides of the seal of "His Majesties Council
of Virginia." The seals of the councils of the two colonies were exactly like the
above, save that in the place of "Pro consilio suo Virginiæ," the first colony had
"Pro Consilio Primæ Coloniæ Virginiæ," and the second colony, "Pro Consilio
secundæ Coloniæ Virginiæ.
" Prior to November, 1619, the Virginia Company
of London had adopted no special seal. In the dissensions of 1623, the fifth
charge made against Sir Thomas Smythe was, "That there was no publique seale
made for the company in Sir T. S. tyme: nor no divisions of land."

To which Sir Thomas Smythe answered:—

"There were many divisions of land made: but true it is the Colony was not
so scattered as since.

"As for the seale that which was then used was the seale made for the
Counsell of Virginia by his Majesties own appointment."


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SECOND CHARTER OF VIRGINIA, 1609

"The Second Charter to The Treasurer and Company, for
Virginia, erecting 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 23d. 1609. 7. James.

"Article I. [a Recital of the first charter, &c.]

"II. 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.

"III. We, greatly affecting the effectual prosecution and
happy success of the said Plantation, and commending their
good desires 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,


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give, grant, and confirm, to our trusty and well beloved
subjects,
  • Robert [Cecil], Earl of Salisbury,

  • Thomas [Howard], Earl of Suffolk,

  • Henry [Wriothesley], Earl of Southampton,

  • William [Herbert], Earl of Pembroke,

  • Henry [Clinton], Earl of Lincoln,

  • Richard [Sackville], Earl of Dorset,

  • Thomas [Cecil], Earl of Exeter,

  • Philip [Herbert], Earl of Montgomery,

  • Robert [Sydney], Lord Viscount Lisle,

  • Theophilus, Lord Howard of Walden,

  • James [Montague], Lord Bishop of Bath and Wells,

  • Edward, Lord Zouche,

  • Thomas [West] Lord Lawarr,

  • William [Parker], Lord Mounteagle,

  • Ralph [Eure], Lord Ewre,

  • Edmond [Sheffield], Lord Sheffield,

  • Grey [Brydges], Lord Chandois,

  • [William Compton], Lord Compton,

  • John [Petre], Lord Petre,

  • John [Stanhope], Lord Stanhope,

  • George [Carew], 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 Scott, Knt,


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    • 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 Sondes, 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 Thomas Monson, Knt,

    • Sir William Godolphin, Knt,

    • Sir Thomas Ridgway, 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 Wigmore, Knt,


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    • Sir William Coke Knt,

    • Sir Herbert Crofte, Knt,

    • Sir Henry Fanshawe, Knt,

    • Sir John Smith, Knt,

    • Sir Francis Wolley, Knt,

    • Sir Edward Waterhouse, Knt,

    • Sir Henry Seckford, Knt,

    • Sir Edwin Sandys, Knt,

    • Sir Thomas Waynam, Knt,

    • Sir John Trevor, Knt,

    • Sir Warwick Heele, Knt,

    • Sir Robert Wroth, 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 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,


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      Page 399
    • 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 John Davis, Knt,

    • Sir Thomas Sutton, Knt,

    • Sir Anthony Forest, Knt,

    • Sir Robert Payne, Knt,

    • Sir John Digby, Knt,

    • Sir Dudley Digges, Knt,

    • Sir Rowland Cotton, Knt,

    • Dr. Matthew Sutcliffe,

    • Dr. [James] Meadows,

    • Dr. [Peter] Turner,

    • Dr. [Leonard] Poe,

    • Captain, Pagnam,

    • Captain, Jeffrey Holcrofte,

    • Captain, —Rommey,

    • Captain, Henry Spry,

    • Captain, — Shelton,

    • Captain, — Sparks,

    • Captain, Thomas Wyat,

    • Captain, — Brinsly,

    • Captain, William Courtney,

    • Captain, — Herbert,

    • Captain, — Clarke,

    • Captain, — Dewhurst,

    • Captain, John Blundell,

    • Captain, — Fryer,

    • Captain, Lewis Orwell,

    • Captain, Edward Loyd,

    • Captain, — Slingesby,

    • Captain, — Hawley,


    • 400

      Page 400
    • Captain, — Orme,

    • Captain, — Woodhouse,

    • 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, [Richard] Waldoe,

    • Captain, Thomas Wood,

    • Captain, Thomas Button,

  • George Bolls, Esq., Sheriff of London,

  • William Crashaw, Clerk, Bachelor of Divinity,


    401

    Page 401
    • William Seabright, Esq.

    • Christopher Brooke Esq.

    • John Bingley Esq.

    • Thomas Watson Esq.

    • Richard Percival Esq.

    • John Moore Esq.

    • Hugh Brooker Esq.

    • David Woodhouse Esq.

    • Anthony Aucher Esq.

    • Robert Bowyer Esq.

    • Ralph Ewens Esq.

    • Zachery Jones Esq.

    • George Calvert Esq.

    • William Dobson Esq.

    • Henry Reynolds Esq.

    • Thomas Walker Esq.

    • Anthony Barnars 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, minister,

    • John Eldred, merchant,

    • William Russel, merchant,

    • John Merrick, merchant,

    • Richard Banister, merchant,

    • Charles Anthony, goldsmith,


    • 402

      Page 402
    • John Banks,

    • William Evans,

    • Richard Humble,

    • Richard Chamberlayne, merchant,

    • Thomas Barber, merchant,

    • Richard Pomet, merchant,

    • John Fletcher, merchant,

    • Thomas Nicholls, merchant,

    • John Stoke, merchant,

    • Gabriel Archer,

    • Francis Covel,

    • William Bonham,

    • Edward Harrison,

    • John Wolstenholme,

    • Nicholas Salter,

    • Hugh Evans,

    • William Barnes,

    • Otho Mawdet,

    • Richard Staper, merchant,

    • John Elkin, merchant,

    • William Coyse,

    • Thomas Perkin, cooper,

    • Humphry James, cooper,

    • Henry Jackson,

    • Robert Singleton,

    • Christopher Nicholls,

    • John Harper,

    • Abraham Chamberlayne,

    • Thomas Shipton,

    • Thomas Carpenter,

    • Anthony Crew,

    • George Holman,

    • Robert Hill,

    • Cleophas Smith,

    • Ralph Harrison,

    • John Farmer,


    • 403

      Page 403
    • James Brearley,

    • William Crosby,

    • Richard Cox,

    • John Gearing,

    • Richard Strongarm, Ironmonger,

    • Thomas Langton,

    • Griffith Hinton,

    • Richard Ironsides,

    • Richard Dean,

    • Richard Turner,

    • William Lawson, Mercer,

    • James Chatfield,

    • Edward Allen,

    • Tedder Roberts,

    • Hildebrand Sprinson,

    • Arthur Mowse,

    • 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, gentleman,

    • William Cantrel, gentleman,

    • Richard Wiffin, gentleman,

    • Ralph Moreton, gentleman,


    • 404

      Page 404
    • 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,

    • William 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,

    • Ralegh Crashaw,

    • Daniel Tucker,

    • Thomas Grave,

    • Hugh Willeston,

    • Thomas Culpepper, of Wigsel Esq,


    • 405

      Page 405
    • 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 Robinson,

    • John Huntley,

    • John Grey,

    • William Payne,

    • William Field,

    • William Wattey,

    • William Webster,

    • John Dingley,

    • Thomas Draper,

    • Richard Glanvil,

    • Arnold Lulls,

    • Henry Roe,

    • William More,

    • Nicholas Gryce,

    • James Monger,

    • Nicholas Andrews,

    • Jeremy Hayden, Ironmonger,

    • Philip Durette,


    • 406

      Page 406
    • John Quarles,

    • John West,

    • Matthew Springham,

    • John Johnson,

    • Christopher Hore,

    • Thomas Snead,

    • George Berkeley,

    • Arthur Pet,

    • Thomas Careles,

    • William Berkeley,

    • Thomas Johnson,

    • Alexander Bents,

    • Captain William King,

    • George Sandys, gentleman,

    • James White, gentleman,

    • 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 Coppin,

    • James Askew,

    • Christopher Holt,

    • William Bardwell,

    • Alexander Chiles,


    • 407

      Page 407
    • Lewis Tate,

    • Edward Ditchfield,

    • James Swifte,

    • Richard Widdowes, goldsmith,

    • Edmond Brudenell,

    • Edward Burwell,

    • John Hansford,

    • Edward Wooller,

    • William Palmer, Haberdasher,

    • John Badger,

    • John Hodgson,

    • Peter Mounsel,

    • John Carril,

    • John Busbridge,

    • William Dun,

    • Thomas Johnson,

    • Nicholas Benson,

    • Thomas Shipton,

    • Nathaniel Wade,

    • Randal Wetwood,

    • Matthew Dequester,

    • Charles Hawkins,

    • Hugh Hamersley,

    • Abraham Cartwright,

    • George Bennet,

    • William Cater,

    • Richard Goddart,

    • Henry Cromwell,

    • Phineas Pet,

    • Robert Cooper,

    • John Cooper,

    • Henry Newce,

    • Edward Wilkes,

    • Robert Bateman,

    • Nicholas Ferrar,

    • John Newhouse,


    • 408

      Page 408
    • John Cason,

    • Thomas Harris, gentleman,

    • George Etheridge, gentleman,

    • Thomas Mayle, gentleman,

    • Richard Stafford,

    • Thomas —,

    • Richard Cooper,

    • John Westraw,

    • Edward Welch,

    • Thomas Britain,

    • 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,

    • Christopher Salmon,

    • John Howard, clerk,

    • Richard Partridge,

    • Allen Cassen,

    • Felix Wilson,

    • Thomas Bathurst,

    • George Wilmer,

    • Andrew Wilmer,

    • Maurice Lewellin,


    • 409

      Page 409
    • Thomas Godwin,

    • Peter Burgoyne,

    • Thomas Burgoyne,

    • Robert Burgoyne,

    • Robert Smith, merchant-taylor,

    • Edward Cage, grocer,

    • Thomas Cannon, gentleman,

    • William Welby, Stationer,

    • Clement Wilmer, gentleman,

    • John Clapham, gentleman,

    • Giles Francis, gentleman,

    • George Walker, Sadler,

    • 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 Facet,

    • George Newce, gentleman,

    • John Robinson,

    • Captain Thomas Wood,

    • William Brown Shoemaker,

    • Robert Barker, Shoemaker,

    • Robert Pennington,

    • Francis Burley, minister,

    • William Quick, grocer,

    • Edward Lewis, grocer,

    • Laurence Campe, Draper,


    • 410

      Page 410
    • Aden Perkins, grocer,

    • Richard Shepherd, preacher,

    • William Shacley, Haberdasher,

    • William Taylor, Haberdasher,

    • Edwin Lukin, gentleman,

    • John Franklyn, Haberdasher,

    • John Southwick,

    • Peter Peate,

    • George Johan, Ironmonger,

    • George Yeardley, gentleman,

    • Henry Shelley,

    • John Prat,

    • Thomas Church, draper,

    • William Powell, gentleman,

    • Richard Frith, gentleman,

    • Thomas Wheeler, draper,

    • Francis Haselrig, gentleman,

    • Hugh Shipley, gentleman,

    • John Andrews, the Elder, Doctor of Cambridge,

    • Francis Whistler, gentleman,

    • John Vassal, gentleman,

    • Richard Howle,

    • Edward Berkeley, gentleman,

    • Richard Keneridgburg, gentleman,

    • Nicholas Exton, Draper,

    • William Bennet, Fishmonger,

    • James Haywood, merchant,

    • Nicholas Isaac merchant,

    • William Gibbs merchant,

    • — Bishop,

    • Bernard Mitchel,

    • Isaac Mitchel,

    • John Streate,

    • Edward Gall,

    • John Martin, gentleman,

    • Thomas Fox,


    • 411

      Page 411
    • Luke Lodge,

    • John Woodliffe, gentleman,

    • Richard Webb,

    • Vincent Low,

    • Samuel Burnham,

    • Edmund Pears, Haberdasher,

    • John Googe,

    • John St. John,

    • Edward Vaughan,

    • William Dunn,

    • Thomas Alcocke,

    • 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 Maud,

    • 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 Green grocer,

    • Daniel Winch grocer,

    • Humphrey Stile grocer,

    • Averie Drausfield grocer,


    • 412

      Page 412
    • Edward Hodges grocer,

    • Edward Beale grocer,

    • Thomas Cutler grocer,

    • Ralph Bushby 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,

    • Timothy Bathurst grocer,

    • Giles Parslow grocer,

    • Robert Mildmay grocer,

    • Richard Johnson grocer,

    • William Johnson, Vintner,

    • Ezekiel Smith,

    • Richard Martin,

    • William Sharpe,

    • Robert Rich,

    • William Stannard, Innholder,

    • John Stocken,

    • William Strachey, gentleman,

    • George, Farmer, gentleman,

    • Thomas Gypes, Clothworker,

    • Abraham Dawes, gentleman,


    • 413

      Page 413
    • Thomas Brocket, gentleman,

    • George Bache, fishmonger,

    • John Dike, fishmonger,

    • Henry Spranger,

    • Richard Farrington,

    • Christopher Vertue, Vintner,

    • Thomas Bayley Vintner,

    • George Robins, Vintner,

    • Tobias Hinson, grocer,

    • Urian Spencer,

    • Clement Chicheley

    • John Scarpe, gentleman,

    • James Campbell, Ironmonger,

    • Christopher Clitheroe, Ironmonger,

    • Philip Jacobson,

    • Peter Jacobson of Antwerp,

    • William Berkeley,

    • Miles Banks, cutler,

    • Peter Higgons, grocer,

    • Henry John, gentleman,

    • John Stokeley, merchant-taylor,

    • The Company of Mercers,

      • Grocers,

      • Drapers,

      • Fishmongers,

      • Goldsmiths,

      • Skinners,

      • Merchant-taylors,

      • Haberdashers,

      • Salters,

      • Ironmongers,

      • Vintners,

      • Clothworkers,

      • Dyers,

      • Brewers,

      • Leathersellers,


    • 414

      Page 414
    • The Company of Pewterers,

      • Cutlers,

      • Whitebakers,

      • Wax-chandlers,

      • Tallow-chandlers,

      • Armorers,

      • Girdlers,

      • Butchers,

      • Sadlers,

      • Carpenters,

      • Cordwayners,

      • Barber-Chirurgeons,

      • Paint-Stainers,

      • Curriers,

      • Masons,

      • Plumbers,

      • Inholders,

      • Founders,

      • Poulterers,

      • Cooks,

      • Coopers,

      • Tylers and Bricklayers,

      • Bowyers,

      • Fletchers,

      • Blacksmiths,

      • Joiners,

      • Weavers,

      • Woolmen,

      • Woodmongers,

      • Scriveners,

      • Fruiterers,

      • Plaisterers,

      • Brown bakers,

      • Stationers,

      • Imbroiderers,

      • Upholsters,


    • 415

      Page 415
    • The Company of Musicians,

      • Turners,

      • Gardiners,

      • Basketmakers,

      • Glaziers,

    • John Levet, merchant,

    • Thomas Nornicot, clothworker,

    • Richard Venn, Haberdasher,

    • Thomas Scot, gentleman,

    • Thomas Juxon, merchant-taylor,

    • George Hankinson,

    • Thomas Seyer, gentleman,

    • Matthew Cooper,

    • George Butler, gentleman,

    • Thomas Lawson, gentleman,

    • Edward Smith, Haberdasher,

    • Stephen Sparrow,

    • John Jones, merchant,

    • — Reynolds, Brewer,

    • Thomas Plummer, merchant,

    • James Duppa, Brewer,

    • Rowland Coitmore,

    • William Southerne,

    • George Whitmore, Haberdasher,

    • Anthony Gosnold, the Younger,

    • John Allen, Fishmonger,

    • Simon Yeomans, Fishmonger,

    • Lancelot Davis, gentleman,

    • John Hopkins, Alderman of Bristol,

    • John Kettleby, gentleman,

    • Richard Cline, Goldsmith,

    • George Hooker, gentleman,

    • Robert Chening, yeoman;[4]


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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 commanalty 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 Company of Adventurers and Planters
of the City of London for the first Colony in Virginia:"

IV. [Authorizes this company "to take and hold property,"
etc.]

V. [They may plead and be impleaded.]

"VI. 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, limitations, 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 precinct aforesaid,


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up into the land, throughout from sea to sea, west and northwest;
and also all the islands, lying within one hundred miles,
along the coast of both seas of the precinct aforesaid; 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, fishings,
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 and 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 unto any foreign 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 successors
and assigns forever; to the sole and proper use of them, the
said Treasurer and company, theire successors and assigns
for ever; to be holden of us, our heirs, and successors, as of
our manour of East Greenwich, in free and common soccage,
and not in capite; [see V. arts. XVIII. and IX.] yielding and
paying, therefore, 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.

"VII. And nevertheless our will and pleasure is, and we
do by these presents, charge, command, warrant, and
authorise, 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,


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under their common seal, distribute, convey, assign, and set
over, such particular portions of Lands, tenements, and
hereditaments, by these presents formerly granted, unto such
our loving subjects, naturally born, or denizens, or others,
as well adventurers as planters, as by the said company (upon
a commission of survey and distribution, executed and returned
for that purpose,) shall be nominated, appointed and
allowed; wherein our will and pleasure is, that respect 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 recompenced, advanced, or rewarded.

"VIII. 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 assemble, as shall be requisite for them
to have meetings and conference about the affairs thereof;
therefore we do ordain, establish 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.

"IX. 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 Zouch; Thomas, Lord La
Warr; William, Lord Monteagle; Edmond Lord Sheffield;
Grey, Lord Chandois; John, Lord Stanhope; George, Lord
Carew; Sir Humfrey Weld, Lord Mayor of London; Sir Edward
Cecil, Sir William Wade,[5] Sir Henry Nevil, Sir Thomas


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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 Berkeley,
Sir Thomas Gates, Sir Michael Sondes, Sir Robert Mansel,
Sir John Trevor,
Sir Amias Preston, Sir William Godolphin,
Sir Walter Cope, Sir Robert Killigrew, Sir Henry Fanshawe,
Sir Edwin Sandys, Sir John Watts, Sir Henry Montague, Sir
William Romney, Sir Thomas Roe,
Sir Baptist Hicks, Sir
Richard Williamson, 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.

"X. And the said Thomas Smith we do ordain to be
treasurer 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.

"XI. 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 occasions, shall require, out of the company of the
said adventurers, by the voice of the greater part of the said


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company and adventurers, 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 England, or to the
Lord Chamberlain of the household of us, our heirs, and
successors, for the time being, to take his oath of a counsellor
to us, our heirs and successors, for the said Company of
adventurers and colony in Virginia."

XII. [Provides for a deputy treasurer, etc.]

"XIII. 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 hereafter 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 government of the said
colony and plantation;

"XIV. 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.

"XV. 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,


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for the government of the said colony as aforesaid, shall arrive
in Virginia, and give notice unto the colony there resident of
our pleasure in this behalf, the government, power and authority
of the President 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, anything,
in our former letters patents concerning the said plantation
contained, in any wise to the contrary notwithstanding;
straightly charging and commanding the President 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 forthwith
be obedient to such governor or governors, as by our said
council, here resident, shall be named and appointed, as aforesaid,
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."

XVI. [New members may be admitted and old ones disfranchised,
by the treasurer and council, "or any four of them
(the treasurer being one)."]

XVII. [Mining privileges, about as in V., Art. IX., including,
however, "iron, lead, and tin, and all other minerals."]

XVIII. ["Licence to travaile to Virginia—Shippinge
—Armour—Munition"—to the same purport as in V., articles
XI. and XIV.]

XIX. [Colonists to be free of all subsidies and customs
for 21 years, and from all taxes and impositions, forever,
upon all importations or exportations "except only the five
pounds per cent." due on all goods imported into England,
etc., "according to the ancient trade of merchants." Provided,
the exportation is within thirteen months after importation,


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i. e., after the first landing of said goods "within any
part of those dominions."]

XX. [May expel intruders, etc., to the same purport as
article XII. in V.]

XXI. [Similar to article XIII. in V., except that the
duty on such British subjects as are not adventurers is increased
from 2½ to 5 per cent., and the duty on aliens from
5 to 10 per cent.]

XXII. [To the same purport as article XV. in V.]

"XXIII. And forasmuch, as it shall be necessary for all
such our loving subjects, as shall inhabit within the said
precincts of Virginia, aforesaid, to determine to live together,
in the fear and true worship of Almighty God, Christian
peace, and civil quietness, 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, according to the
natures and limits of their offices and places respectively, that
they shall and may from time to time forever hereafter, 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
territories 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 capital and criminal as civil, both marine and
other; so always, as the said statutes, ordinances and proceedings,


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as near, as conveniently may be, be agreeable to the
laws, statutes, government, and policy of our realm of this
England."

XXIV. [Martial law to be enforced in cases of rebellion
or mutiny.]

XXV. [To the same purport as article XVI. in V.]

XXVI. [In all questions and doubts, that shall arise upon
any difficulty of construction or interpretation of anything
in this or the former letters patents, the same to be construed
in the most favorable manner for the said company.]

XXVII. [Former privileges confirmed.]

"XXVIII. . . . 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 adventurers 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 . . . as fully . . . as if
they had been precisely . . . named and inserted in these
our letters patents.

"XXIX. 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 Christian religion, in which respect we should be
loath, that any person should be permitted to pass, that we
suspected to effect the superstitions of the church of Rome:
We do hereby declare, that it is our will and pleasure, that
none be permitted to pass in any voyage, from time to time
to be made into the said country, but such, as first shall have
taken the oath of supremacy; for which purpose, 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,


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at any time, be sent and employed in the said voyage.
Although express mention 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 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 restraint, to the contrary hereof
had, made, ordained, or provided, or any other thing, cause,
or matter, whatsoever, in any wise notwithstanding.

"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, &c.

"Per ipsum Regem.

"Lukin."
 
[4]

The incorporators of this charter were 56 city companies of London and
659 persons; of whom 21 were peers, 96 knights, 11 doctors, ministers, etc., 53
captains, 28 esquires, 58 gentlemen, 110 merchants, and 282 citizens and others
not classified. Of these, about 230 paid £37 10s., or more; about 229 paid less
than £37 10s., and about 200 failed to pay anything. I cannot find that it
was necessary to pay any particular amount in order to become a member of
the Virginia company before January, 1609. I suppose it was necessary to
make a payment, however. After January, 1609, no one was to be admitted
to the freedom of the company for less than one share of £12 10s. It was afterwards
proposed to increase the amount to £25; but I cannot find that this
proposition was ever carried out. The persons in this charter were evidently
of divers qualities, from the man of limited means to the peer of the realm.
At least one hundred of them served in the House of Commons, at some time;
and about fifty of these were then members of the first Parliament of James I.
Parliament was not then in session; but it was in session at and before the
incorporation of the first charter (V.).

[5]

There were really two royal councils, "His majesties Council for Virginia,"
from 34° to 45° north latitude (see VI. and XII.), and "His Majesties
Council for the Virginia Company," from 34° to 40° north latitude.
Those whose names are in italics were members of both of these councils.
Their term of office was for life, unless they be displaced. Of the fifty-two
members of the council for the company named in this charter, fourteen
were members of the House of Lords, and about thirty of the House of
Commons. Reference to the Biographical Index will show the various parts of
England represented. These royal councils formed an especial feature in the
companies organized for colonization, by which the colonies were really attached
to, and placed under the authority and protection of, the crown; but the Virginia
companies were also organized, within themselves, for business purposes, as the
East India and other purely commercial companies were, with a treasurer or
governor, a deputy, auditors, committeemen, a secretary, a bookkeeper, a husband,
and a beadle or messenger.

I have allowed most of the names in this charter to remain as given in
Stith's History, though many are certainly given incorrectly, because there
seems to have been no fixed way for spelling many names, and therefore it
is frequently impossible to say which mode of spelling is correct.