The First Virginia Charter
(April 10, 1606)
American State Papers
Kolbe Library
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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;
2 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;
3 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;
4 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.
5 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.
6 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.
7 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.
8 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.
9 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.
10 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.
11 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.
12 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.
13 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.
14 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.
15 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.
16 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.
17 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.
18 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.
19 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.]
April 10, 1606
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