 | History of Virginia |  |
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
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;
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
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
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,
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,
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,
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
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
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
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
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.
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.
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.
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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