(Part 2)
And to such and so manie as they doe or
shall hereafter admitt to be joyned with them, in forme hereafter
in theis presentes expressed, whether they goe in their persons
to be planters there in the said plantacion, or whether they goe
not, but doe adventure their monyes, goods or chattels, that they
shalbe one bodie or communaltie perpetuall and shall have
perpetual succession and one common seale to serve for the saide
bodie or communaltie; and that they and their successors shalbe
knowne, called and incorporated by the name of The Tresorer and
Companie of Adventurers and Planters of the Citty of London for
the Firste Collonie in Virginia.
And that they and their successors shalbe from hensforth, forever
enabled to take, acquire and purchase, by the name aforesaid
(licens for the same from us, oure heires or successors first had
and obtained) anie manner of lands, tenements and hereditaments,
goods and chattels, within oure realme of England and dominion of
Wales; and that they and their successors shalbe likewise
enabled, by the name aforesaid, to pleade and to be impleaded
before anie of oure judges or justices, in anie oure courts, and
in anie accions or suits whatsoever.
And wee doe also, of oure said speciall grace, certaine knowl-
edge and mere mocion, give, grannte and confirme unto the said
Tresorer and Companie, and their successors, under the
reservacions, limittacions and declaracions hereafter expressed,
all those lands, countries and territories scituat, lieinge and
beinge in that place of America called Virginia, from the pointe
of lande called Cape or Pointe Comfort all alonge the seacoste to
the northward twoe hundred miles and from the said pointe of Cape
Comfort all alonge the sea coast to the southward twoe hundred
miles; and all that space and circuit of lande lieinge from the
sea coaste of the precinct aforesaid upp unto the lande,
throughoute, from sea to sea, west and northwest; and also all
the island beinge within one hundred miles alonge the coaste of
bothe seas of the precincte aforesaid; togeather with all the
soiles, groundes, havens and portes, mynes, aswell royall mynes
of golde and silver as other mineralls, pearles and precious
stones, quarries, woods, rivers, waters, fishings, comodities,
jurisdictions, royalties, priviledges, franchisies and
preheminences within the said territorie and the precincts there
of whatsoever; and thereto or there abouts, both by sea and
lande, beinge or in anie sorte belonginge or appertayninge, and
which wee by oure lettres patents maie or cann graunte; and in as
ample manner and sorte as wee or anie oure noble progenitors have
heretofore graunted to anie companie, bodie pollitique or
corporate, or to anie adventurer or adventurers, undertaker or
undertakers, of anie discoveries, plantacions or traffique of,
in, or into anie forraine parts whatsoever; and in as large and
ample manner as if the same were herin particulerly mentioned and
expressed: to have, houlde, possesse and enjoye all and singuler
the said landes, countries and territories with all and singuler
other the premisses heretofore by theis [presents] graunted or
mencioned to be grannted, to them, the said Tresorer and
Companie, their successors and assignes, forever; to the sole and
proper use of them, the said Tresorer and Companie, their
successors and assignes [forever], to be holden of us, oure
heires and successors, as of oure mannour of Estgreenewich, in
free and common socage and not in capite; yeldinge and payinge,
therefore, to us, oure heires and successors, the fifte parte
onlie of all oare of gould and silver that from tvme to time, and
at all times hereafter, shalbe there gotton, had and obtained,
for all manner of service.
And, nevertheles, oure will and pleasure is, and wee doe by theis
presentes chardge, commannde, warrant and auctorize, that the
said Tresorer and Companie and their successors, or the major
parte of them which shall be present and assembled for that
purpose, shall from time to time under their common seale
distribute, convey, assigne and set over such particuler porcions
of lands, tenements and hereditaments, by theise presents
formerly grannted, unto such oure lovinge subjects naturallie
borne of denizens, or others, aswell adventurers as planters, as
by the said Companie, upon a commission of survey and
distribucion executed and retourned for that purpose, shalbe
named, appointed and allowed, wherein oure will and pleasure is,
that respect be had as well of the proporcion of the adventure[r]
as to the speciall service, hazarde, exploite or meritt of anie
person so as to be recompenced, advannced or rewarded.
And for as muche as the good and prosperous successe of the said
plantacion cannot but cheiflie depende, next under the blessinge
of God and the supporte of oure royall aucthoritie, upon the
provident and good direccion of the whole enterprise by a
carefull and understandinge Counsell, and that it is not
convenient that all the adventurers shalbe so often drawne to
meete and assemble as shalbe requisite for them to have metings
and conference aboute theire affaires, therefore we doe ordaine,
establishe and confirme that there shalbe perpetually one
Counsell here resident, accordinge to the tenor of oure former
lettres patents, which Counsell shall have a seale for the better
governement and administracion of the said plantacion besides the
legall seale of the Companie or Corporacion, as in oure former
lettres patents is also expressed.
And further wee establishe and ordaine that
Henrie, Earl of Southampton
William, Earl of Pembrooke
Henrie, Earl of Lincoln
Thomas, Earl of Exeter
Roberte, Lord Viscounte Lisle
Lord Theophilus Howard
James, Lord Bishopp of Bathe and Wells
Edward, Lord Zouche
Thomas, Lord Laware
William, Lord Mounteagle
Edmunde, Lord Sheffeilde
Grey, Lord Shanndoys [Chandois]
John, Lord Stanhope
George, Lord Carew
Sir Humfrey Welde, Lord Mayor of London
Sir Edward Cecil
Sir William Waad [Wade]
Sir Henrie Nevill
Sir Thomas Smith
Sir Oliver Cromwell
Sir Peter Manwood
Sir Thomas Challoner
Sir Henrie Hovarte [Hobart]
Sir Franncis Bacon
Sir George Coppin
Sir John Scott
Sir Henrie Carey
Sir Roberte Drurie [Drury]
Sir Horatio Vere
Sir Eward Conwaye [Conway]
Sir Maurice Berkeley [Barkeley]
Sir Thomas Gates
Sir Michaele Sands [Sandys]
Sir Roberte Mansfeild [Mansel]
Sir John Trevor
Sir Amyas Preston
Sir William Godolphin
Sir Walter Cope
Sir Robert Killigrewe
Sir Henrie Faushawe [Fanshaw]
Sir Edwyn Sandes [Sandys]
Sir John Watts
Sir Henrie Montague
Sir William Romney
Sir Thomas Roe
Sir Baptiste Hicks
Sir Richard Williamson
Sir Stephen Powle [Poole]
Sir Dudley Diggs
Christopher Brooke, [Esq.]
John Eldred, and
John Wolstenholme
shalbe oure Counsell for the said Companie of Adventurers and
Planters in Virginia.
And the said Sir Thomas Smith wee ordaine to be Tresorer of the
said Companie, which Tresorer shall have aucthoritie to give
order for the warninge of the Counsell and sommoninge the
Companie to their courts and meetings.
And the said Counsell and Tresorer or anie of them shalbe from
henceforth nominated, chosen, contynued, displaced, chaunged,
altered and supplied, as death or other severall occasions shall
require, out of the Companie of the said adventurers by the voice
of the greater parte of the said Counsell and adventurers in
their assemblie for that purpose; provided alwaies that everie
Councellor so newlie elected shalbe presented to the Lord
Channcellor of England, or to the Lord Highe Treasurer of
England, or the Lord Chambleyne of the housholde of us, oure
heires and successors, for the tyme beinge to take his oathe of a
Counsellor to us, oure heires and successors, for the said
Companie and Collonie in Virginia.
And wee doe by theis presents, of oure especiall grace, certaine
knowledge and meere motion, for us, oure heires and successors,
grannte unto the said Tresorer and Companie and their successors,
that if it happen at anie time or times the Tresorer for the tyme
beinge to be sick, or to have anie such cause of absente from the
cittie of London as shalbe allowed by the said Counsell or the
greater parte of them assembled, so as he cannot attende the
affaires of that Companie, in everie such case it shall and maie
be lawfull for such Tresorer for the tyme beinge to assigne,
constitute and appointe one of the Counsell for Companie to be
likewise allowed by the Counsell or the greater parte of them
assembled to be the deputie Tresorer for the said Companie; which
Deputie shall have power to doe and execute all things which
belonge to the said Tresorer duringe such tyme as such Tresorer
shalbe sick or otherwise absent, upon cause allowed of by the
said Counsell or the major parte of them as aforesaid, so fullie
and wholie and in as large and ample manner and forme and to all
intents and purposes as the said Tresorer if he were present
himselfe maie or might doe and execute the same.
And further of oure especiall grace, certaine knowledge and meere
mocion, for us, oure heires and successors, wee doe by theis
presents give and grannt full power and aucthoritie to oure said
Counsell here resident aswell at this present tyme as hereafter,
from time to time, to nominate, make, constitute, ordaine and
confirme by such name or names, stile or stiles as to them shall
seeme good, and likewise to revoke, dischardge, channge and alter
aswell all and singuler governors, oficers and ministers which
alreadie hath ben made, as also which hereafter shalbe by them
thought fitt and meedefull to be made or used for the government
of the said Colonie and plantacion.
And also to make, ordaine and establishe all manner of orders,
lawes, directions, instructions, formes and ceremonies of
government and magistracie, fitt and necessarie, for and
concerninge the government of the said Colonie and plantacion;
and the same att all tymes hereafter to abrogate, revoke or
chaunge, not onely within the precincts of the said Colonie but
also upon the seas in goeing and cominge to and from the said
Collonie, as they in their good discrecions shall thinke to be
fittest for [the] good of the adventurers and inhabiters there.
And we doe also declare that for divers reasons and
consideracions us thereunto especiallie moving, oure will and
pleasure is and wee doe hereby ordaine that imediatlie from and
after such time as anie such governour or principall officer so
to be nominated and appointed by oure said Counsell for the
governement of the said Colonie, as aforesaid, shall arive in
Virginia and give notice unto the Collonie there resident of oure
pleasure in this behalfe, the government, power and aucthority of
the President and Counsell, heretofore by oure former lettres
patents there established, and all lawes and constitucions by
them formerlie made, shall utterly cease and be determined; and
all officers, governours and ministers formerly constituted or
appointed shalbe dischardged, anie thinge in oure said former
lettres patents conserninge the said plantacion contayned in
aniewise to the contrarie notwithstandinge; streightlie
chardginge and commaundinge the President and Counsell nowe
resident in the said Collonie upon their alleadgiance after
knowledge given unto them of oure will and pleasure by theis
presentes signified and declared, that they forth with be
obedient to such governor or governers as by oure said Counsell
here resident shalbe named and appointed as aforesaid; and to all
direccions, orders and commandements which they shall receive
from them, aswell in the present resigninge and giveinge upp of
their aucthoritie, offices, chardg and places, as in all other
attendannce as shalbe by them from time to time required.
And wee doe further by theis presentes ordaine and establishe
that the said Tresorer and Counsell here resident, and their
successors or anie fower of them assembled (the Tresorer beinge
one), shall from time to time have full power and aucthoritie to
admitt and receive anie other person into their companie,
corporacion and freedome; and further, in a generall assemblie of
the adventurers, with the consent of the greater parte upon good
cause, to disfranchise and putt oute anie person or persons oute
of the said fredome and Companie.
And wee doe also grannt and confirme for us, oure heires and
successors that it shalbe lawfull for the said Tresorer and
Companie and their successors, by direccion of the Governors
there, to digg and to serche for all manner of mynes of goulde,
silver, copper, iron, leade, tinne and other mineralls aswell
within the precincts aforesaid as within anie parte of the maine
lande not formerly graunted to anie other; and to have and enjoye
the gould, silver, copper, iron, leade, and tinn, and all other
mineralls to be gotten thereby, to the use and behoofe of the
said Companie of Planters and Adventurers, yeldinge therefore and
payinge yerelie unto us, oure heires and successors, as
aforesaid.
And wee doe further of oure speciall grace, certaine knowledge
and meere motion, for us, oure heires and successors, grannt, by
theis presents to and withe the said Tresorer and Companie and
their successors, that it shalbe lawfull and free for them and
their assignes at all and everie time and times here after, oute
of oure realme of England and oute of all other [our] dominions,
to take and leade into the said voyage, and for and towards the
said plantacion, and to travell thitherwards and to abide and
inhabite therein the said Colonie and plantacion, all such and so
manie of oure lovinge subjects, or anie other straungers that
wilbecomme oure lovinge subjects and live under oure allegiance,
as shall willinglie accompanie them in the said voyadge and
plantation with sufficient shippinge armour, weapons, ordinannce,
municion, powder, shott, victualls, and such merchaundize or
wares as are esteemed by the wilde people in those parts,
clothinge, implements, furnitures, catle, horses and mares, and
all other thinges necessarie for the said plantation and for
their use and defence and trade with the people there, and in
passinge and retourninge to and from without yeldinge or payinge
subsedie, custome, imposicion, or anie other taxe or duties to
us, oure heires or successors, for the space of seaven yeares
from the date of theis presents; provided, that none of the said
persons be such as shalbe hereafter by speciall name restrained
by us, oure heires or successors.
And for their further encouragement, of oure speciall grace and
favour, wee doe by theis present for us, oure heires and
successors, yeild and graunte to and with the said Tresorer and
Companie and their successors and everie of them, their factors
and assignes, that they and every of them shalbe free and quiett
of all subsedies and customes in Virginia for the space of one
and twentie yeres, and from all taxes and imposicions for ever,
upon anie goods or merchaundizes at anie time or times hereafter,
either upon importation thither or exportation from thence into
oure realme of England or into anie other of oure [realms or]
dominions, by the said Tresorer and Companie and their
successors, their deputies, factors [or] assignes or anie of
them, except onlie the five pound per centum due for custome upon
all such good and merchanndizes as shalbe brought or imported
into oure realme of England or anie other of theis oure dominions
accordinge to the auncient trade of merchannts, which five
poundes per centum onely beinge paid, it shalbe thensforth
lawfull and free for the said Adventurers the same goods [and]
merchaundizes to export and carrie oute of oure said dominions
into forraine partes without anie custome, taxe or other duty tO
be paide to us oure heires or successors or to anie other oure
officers or deputies; provided, that the saide goods and
merchaundizes be shipped out within thirteene monethes after
their first landinge within anie parte of those dominions.
And wee doe also confirme and grannt to the said Tresorer and
Companie, and their successors, as also to all and everie such
governer or other officers and ministers as by oure said Counsell
shalbe appointed, to have power and aucthoritie of governement
and commannd in or over the said Colonie or plantacion; that they
and everie of them shall and lawfullie maie from tyme to tyme and
at all tymes forever hereafter, for their severall defence and
safetie, enconnter, expulse, repell and resist by force and
armes, aswell by sea as by land, and all waies and meanes
whatsoever, all and everie such person and persons whatsoever as
without the speciall licens of the said Tresorer and Companie and
their successors shall attempte to inhabite within the said
severall precincts and lymitts of the said Colonie and
plantacion; and also, all and everie such person and persons
whatsoever as shall enterprise, or attempte at anie time
hereafter, destruccion, invasion, hurte, detriment or annoyannce
to the said Collonye and plantacion, as is likewise specified in
the said former grannte.
And that it shalbe lawful for the said Tresorer and Companie, and
their successors and everie of them, from time to time and at all
times hereafter, and they shall have full power and aucthoritie,
to take and surprise by all waies and meanes whatsoever all and
everie person and persons whatsoever, with their shippes, goods
and other furniture, traffiquinge in anie harbor, creeke or place
within the limitts or precincts of the said Colonie and
plantacion, [not] being allowed by the said Companie to be
adventurers or planters of the said Colonie, untill such time as
they beinge of anie realmes or dominions under oure obedience
shall paie or agree to paie, to the hands of the Tresorer or [of]
some other officer deputed by the said governors in Virginia
(over and above such subsedie and custome as the said Companie is
or here after shalbe to paie) five poundes per centum upon all
goods and merchaundizes soe brought in thither, and also five per
centum upon all goods by them shipped oute from thence; and being
straungers and not under oure obedience untill they have payed
(over and above such subsedie and custome as the same Tresorer
and Companie and their successors is or hereafter shalbe to paie)
tenn pounds per centum upon all such goods, likewise carried in
and oute, any thinge in the former lettres patents to the
contrarie not withstandinge; and the same sommes of monie and
benefitt as aforesaid for and duringe the space of one and
twentie yeares shalbe wholie imploied to the benefitt and behoof
of the said Colonie and plantacion; and after the saide one and
twentie yeares ended, the same shalbe taken to the use of us,
oure heires or successors, by such officer and minister as by us,
oure heires or successors, shalbe thereunto assigned and
appointed, as is specified in the said former lettres patents.
Also wee doe, for us, oure heires and successors, declare by
theis presents, that all and everie the persons beinge oure
subjects which shall goe and inhabit within the said Colonye and
plantacion, and everie of their children and posteritie which
shall happen to be borne within [any] the lymitts thereof, shall
have [and] enjoye all liberties, franchesies and immunities of
free denizens and naturall subjects within anie of oure other
dominions to all intents and purposes as if they had bine
abidinge and borne within this oure kingdome of England or in
anie other of oure dominions.
And forasmuch as it shalbe necessarie for all such our lovinge
subjects as shall inhabitt within the said precincts of Virginia
aforesaid to determine to live togither in the feare and true
woorshipp of Almightie God, Christian peace and civill quietnes,
each with other, whereby everie one maie with more safety,
pleasure and profitt enjoye that where unto they shall attaine
with great paine and perill, wee, for us, oure heires and
successors, are likewise pleased and contented and by theis
presents doe give and graunte unto the said Tresorer and Companie
and their successors and to such governors, officers and
ministers as shalbe, by oure said Councell, constituted and
appointed, accordinge to the natures and lymitts of their offices
and places respectively, that they shall and maie from time to
time for ever hereafter, within the said precincts of Virginia or
in the waie by the seas thither and from thence, have full and
absolute power and aucthority to correct, punishe, pardon,
governe and rule all such the subjects of us, oure heires and
successors as shall from time to time adventure themselves in
anie voiadge thither or that shall at anie tyme hereafter
inhabitt in the precincts and territorie of the said Colonie as
aforesaid, accordinge to such order, ordinaunces, constitution,
directions and instruccions as by oure said Counsell, as
aforesaid, shalbe established; and in defect thereof, in case of
necessitie according to the good discretions of the said
governours and officers respectively, aswell in cases capitall
and criminall as civill, both marine and other, so alwaies as the
said statuts, ordinannces and proceedinges as neere as
convenientlie maie be, be agreable to the lawes, statutes,
government and pollicie of this oure realme of England.
And we doe further of oure speciall grace, certeine knowledge and
mere mocion, grant, declare and ordaine that such principall
governour as from time to time shall dulie and lawfullie be
aucthorised and appointed, in manner and forme in theis presents
heretofore expressed, shall [have] full power and aucthoritie to
use and exercise marshall lawe in cases of rebellion or mutiny in
as large and ample manner as oure leiutenant in oure counties
within oure realme of England have or ought to have by force of
their comissions of lieutenancy. And furthermore, if anie person
or persons, adventurers or planters, of the said Colonie, or anie
other at anie time or times hereafter, shall transporte anie
monyes, goods or marchaundizes oute of anie [of] oure kingdomes
with a pretence or purpose to lande, sell or otherwise dispose
the same within the lymitts and bounds of the said Collonie, and
yet nevertheles beinge at sea or after he hath landed within anie
part of the said Colonie shall carrie the same into anie other
forraine Countrie, with a purpose there to sell and dispose there
of that, then all the goods and chattels of the said person or
persons so offendinge and transported, together with the shipp or
vessell wherein such transportacion was made, shalbe forfeited to
us, oure heires and successors.
And further, oure will and pleasure is, that in all questions and
doubts that shall arrise upon anie difficultie of construccion or
interpretacion of anie thinge contained either in this or in oure
said former lettres patents, the same shalbe taken and
interpreted in most ample and beneficiall manner for the said
Tresorer and Companie and their successors and everie member
there of.
And further, wee doe by theis presents ratifie and confirme unto
the said Tresorer and Companie and their successors all
privuleges, franchesies, liberties and immunties graunted in oure
said former lettres patents and not in theis oure lettres patents
revoked, altered, channged or abridged.
And finallie, oure will and pleasure is and wee doe further
hereby for us, oure heires and successors grannte and agree, to
and with the said Tresorer and Companie and their successors,
that all and singuler person and persons which shall at anie time
or times hereafter adventure anie somme or sommes of money in and
towards the said plantacion of the said Colonie in Virginia and
shalbe admitted by the said Counsell and Companie as adventurers
of the said Colonie, in forme aforesaid, and shalbe enrolled in
the booke or record of the adventurers of the said Companye,
shall and maie be accompted, accepted, taken, helde and reputed
Adventurers of the said Collonie and shall and maie enjoye all
and singuler grannts, priviledges, liberties, benefitts,
profitts, commodities [and immunities], advantages and emoluments
whatsoever as fullie, largely, amplie and absolutely as if they
and everie of them had ben precisely, plainely, singulerly and
distinctly named and inserted in theis oure lettres patents.
And lastely, because the principall effect which wee cann desier
or expect of this action is the conversion and reduccion of the
people in those partes unto the true worshipp of God and
Christian religion, in which respect wee would be lothe that anie
person should be permitted to passe that wee suspected to affect
the superstitions of the Churche of Rome, wee doe hereby declare
that it is oure will and pleasure that none be permitted to passe
in anie voiadge from time to time to be made into the saide
countrie but such as firste shall have taken the oath of
supremacie, for which purpose wee doe by theise presents give
full power and aucthoritie to the Tresorer for the time beinge,
and anie three of the Counsell, to tender and exhibite the said
oath to all such persons as shall at anie time be sent and
imploied in the said voiadge.
Although expresse 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 witnes whereof [we have caused
these our letters to be made patent. Witness ourself at
Westminster, the 23d day of May (1609) in the seventh year of our
reign of England, France, and Ireland, and of Scotland the ****]
Per ipsum Regem exactum.
This page last updated August 9, 2000.