An explanation...
Virginia received three charters, one
in 1606, another in 1609, and the third in 1612. The differences
among the three charters lie primarily in the territorial
jurisdiction of the company, not in the right to govern the
colony. In 1609, the "sea to sea" provision was
inserted, and in 1612 jurisdiction was extended eastward from the
Virginia shores to include islands, such as Bermuda, in the
Atlantic.
From the outset the Virginia Company was granted the authority to
govern its own colony. A ruling council in England, composed of
members of the joint-stock company who were usually merchants of
great distinction, was formed immediately after King James I
granted the charter of 1606. The councillors were appointed
ostensibly by the king, but in reality were nominated by the
membership, or more often, by the inner executive group of the
company. The council in England issued instructions to the first
settlers appointing a colonial council to make daily decisions.
This group proved ineftective, and a governor, Lord Delaware, was
eventually appointed. Acting under the council in England, the
governor had absolute power. The authority to establish or alter
a government in Virginia was based upon the charter granted by
the king; in this sense, the king delegated some of his power to
others.
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April 10, 1606
James, by the grace of God [King of
England, Scotland, France, and Ireland, Defender of the Faith],
etc. Whereas our loving and weldisposed subjects, Sir Thomas
Gates and Sir George Somers, Knightes; Richarde Hackluit, Clarke,
Prebendarie of Westminster; and Edwarde Maria Winghfeilde, Thomas
Hannam and Raleighe Gilberde, Esquiers; William Parker and George
Popham, Gentlemen; and divers others of our loving subjects, have
been humble sutors unto us that wee woulde vouchsafe unto them
our licence to make habitacion, plantacion and to deduce a
colonie of sondrie of our people into that parte of America
commonly called Virginia, and other parts and territories in
America either appartaining unto us or which are not nowe
actuallie possessed by anie Christian prince or people, scituate,
lying and being all along the sea coastes between fower and
thirtie degrees of northerly latitude from the equinoctiall line
and five and fortie degrees of the same latitude and in the maine
lande betweene the same fower and thirtie and five and fourtie
degrees, and the ilandes thereunto adjacente or within one
hundred miles of the coaste thereof;
And to that ende, and for themore speedy accomplishemente of
theire saide intended plantacion and habitacion there, are
desirous to devide themselves into two severall colonies and
companies, the one consisting of certaine Knightes, gentlemen,
marchanntes and other adventurers of our cittie of London, and
elsewhere, which are and from time to time shalbe joined unto
them which doe desire to begin theire plantacions and habitacions
in some fitt and conveniente place between fower and thirtie and
one and fortie degrees of the said latitude all alongest the
coaste of Virginia and coastes of America aforesaid and the other
consisting of sondrie Knightes, gentlemen, merchanntes, and other
adventurers of our citties of Bristoll and Exeter, and of our
towne of Plymouthe, and of other places which doe joine
themselves unto that colonie which doe desire to beginn theire
plantacions and habitacions in some fitt and convenient place
betweene eighte and thirtie degrees and five and fortie degrees
of the saide latitude all alongst the saide coaste of Virginia
and America as that coaste lieth;
Wee, greately commending and graciously accepting of theire
desires to the furtherance of soe noble a worke which may, by the
providence of Almightie God, hereafter tende to the glorie of His
Divine Majestie in propagating of Christian religion to suche
people as yet live in darkenesse and miserable ignorance of the
true knoweledge and worshippe of God and may in tyme bring the
infidels and salvages living in those parts to humane civilitie
and to a setled and quiet govermente, doe by theise our lettres
patents graciously accepte of and agree to theire humble and well
intended desires;
And doe, therefore, for us, our heires and successors, grannte
and agree that the saide Sir Thomas Gates, Sir George Sumers,
Richarde Hackluit and Edwarde Maria Winghfeilde, adventurers of
and for our cittie of London, and all suche others as are or
shalbe joined unto them of that Colonie, shalbe called the Firste
Colonie, and they shall and may beginne theire saide firste
plantacion and seate of theire firste aboade and habitacion at
anie place upon the saide coaste of Virginia or America where
they shall thincke fitt and conveniente betweene the saide fower
and thirtie and one and fortie degrees of the saide latitude; and
that they shall have all the landes, woods, soile, groundes,
havens, ports, rivers, mines, mineralls, marshes, waters,
fishinges, commodities and hereditamentes whatsoever, from the
said first seate of theire plantacion and habitacion by the space
of fiftie miles of Englishe statute measure all alongest the
saide coaste of Virginia and America towardes the weste and
southe weste as the coaste lieth, with all the islandes within
one hundred miles directlie over againste the same sea coaste;
and alsoe all the landes, soile, groundes havens, ports, rivers,
mines, mineralls, woods, marrishes [marshes], waters, fishinges,
commodities and hereditamentes whatsoever, from the saide place
of theire firste plantacion and habitacion for the space of
fiftie like Englishe miles, all alongest the saide coaste of
Virginia and America towardes the easte and northeaste [or toward
the north] as the coaste lieth, together with all the islandes
within one hundred miles directlie over againste the same sea
coaste; and alsoe all the landes, woodes, soile, groundes,
havens, portes, rivers, mines, mineralls, marrishes, waters,
fishinges, commodities and hereditamentes whatsoever, from the
same fiftie miles everie waie on the sea coaste directly into the
maine lande by the space of one hundred like Englishe miles; and
shall and may inhabit and remaine there; and shall and may alsoe
builde and fortifie within anie the same for theire better
safegarde and defence, according to theire best discrecions and
the direction of the Counsell of that Colonie; and that noe other
of our subjectes shalbe permitted or suffered to plante or
inhabit behinde or on the backside of them towardes the maine
lande, without the expresse licence or consente of the Counsell
of that Colonie thereunto in writing firste had or obtained.
And wee doe likewise for us, our heires and successors, by theise
presentes grannte and agree that the saide Thomas Hannam and
Raleighe Gilberde, William Parker and George Popham, and all
others of the towne of Plymouthe in the countie of Devon, or
elsewhere, which are or shalbe joined unto them of that Colonie,
shalbe called the Seconde Colonie; and that they shall and may
beginne theire saide firste plantacion and seate of theire first
aboade and habitacion at anie place upon the saide coaste of
Virginia and America, where they shall thincke fitt and
conveniente, betweene eighte and thirtie degrees of the saide
latitude and five and fortie degrees of the same latitude; and
that they shall have all the landes, soile, groundes, havens,
ports, rivers, mines, mineralls, woods, marishes, waters,
fishinges, commodities and hereditaments whatsoever, from the
firste seate of theire plantacion and habitacion by the space of
fiftie like Englishe miles, as is aforesaide, all alongeste the
saide coaste of Virginia and America towardes the weste and
southwest, or towardes the southe, as the coaste lieth, and all
the islandes within one hundred miles directlie over againste the
saide sea coaste; and alsoe all the landes, soile, groundes,
havens, portes, rivers, mines, mineralls, woods, marishes,
waters, fishinges, commodities and hereditamentes whatsoever,
from the saide place of theire firste plantacion and habitacion
for the space of fiftie like miles all alongest the saide coaste
of Virginia and America towardes the easte and northeaste or
towardes the northe, as the coaste liethe, and all the islandes
alsoe within one hundred miles directly over againste the same
sea coaste; and alsoe all the landes, soile, groundes, havens,
ports, rivers, woodes, mines, mineralls, marishes, waters,
fishings, commodities and hereditaments whatsoever, from the same
fiftie miles everie waie on the sea coaste, directlie into the
maine lande by the space of one hundred like Englishe miles; and
shall and may inhabit and remaine there; and shall and may alsoe
builde and fortifie within anie the same for theire better
saufegarde according to theire beste discrecions and the
direction of the Counsell of that Colonie; and that none of our
subjectes shalbe permitted or suffered to plante or inhabit
behinde or on the backe of them towardes the maine lande without
the expresse licence or consente of the Counsell of that Colonie,
in writing thereunto, firste had and obtained.
Provided alwaies, and our will and pleasure herein is, that the
plantacion and habitacion of suche of the saide Colonies as shall
laste plante themselves, as aforesaid, shall not be made within
one hundred like Englishe miles of the other of them that firste
beganne to make theire plantacion, as aforesaide.
And wee doe alsoe ordaine, establishe and agree for [us], our
heires and successors, that eache of the saide Colonies shall
have a Counsell which shall governe and order all matters and
causes which shall arise, growe, or happen to or within the same
severall Colonies, according to such lawes, ordinannces and
instructions as shalbe in that behalfe, given and signed with our
hande or signe manuell and passe under the Privie Seale of our
realme of Englande; eache of which Counsells shall consist of
thirteene parsons and to be ordained, made and removed from time
to time according as shalbe directed and comprised in the same
instructions; and shall have a severall seale for all matters
that shall passe or concerne the same severall Counsells, eache
of which seales shall have the Kinges armes engraven on the one
side there of and his pourtraiture on the other; and that the
seale for the Counsell of the saide Firste Colonie shall have
engraven rounde about on the one side theise wordes: Sigillum
Regis Magne Britanie, Francie [et] Hibernie; on the other side
this inscripture rounde about: Pro Consillio Prime Colonie
Virginie. And the seale for the Counsell of the saide Seconde
Colonie shall alsoe have engraven rounde about the one side
thereof the foresaide wordes: Sigillum Regis Magne Britanie,
Francie [et] Hibernie; and on the other side: Pro Consilio
Secunde Colonie Virginie.
And that alsoe ther shalbe a Counsell established here in
Englande which shall in like manner consist of thirteen parsons
to be, for that purpose, appointed by us, our heires and
successors, which shalbe called our Counsell of Virginia; and
shall from time to time have the superior managing and direction
onelie of and for all matters that shall or may concerne the
govermente, as well of the said severall Colonies as of and for
anie other parte or place within the aforesaide precinctes of
fower and thirtie and five and fortie degrees abovementioned;
which Counsell shal in like manner have a seale for matters
concerning the Counsell [or Colonies] with the like armes and
purtraiture as aforesaide, with this inscription engraven rounde
about the one side: Sigillum Regis Magne Britanie, Francie [et]
Hibernie; and rounde about the other side: Pro Consilio Suo
Virginie.
And more over wee doe grannte and agree for us, our heires and
successors, that the saide severall Counsells of and for the
saide severall Colonies shall and lawfully may by vertue hereof,
from time to time, without interuption of us, our heires or
successors, give and take order to digg, mine and searche for all
manner of mines of goulde, silver and copper, as well within anie
parte of theire saide severall Colonies as of the saide maine
landes on the backside of the same Colonies; and to have and
enjoy the goulde, silver and copper to be gotten there of to the
use and behoofe of the same Colonies and the plantacions thereof;
yeilding therefore yerelie to us, our heires and successors, the
fifte parte onelie of all the same goulde and silver and the
fifteenth parte of all the same copper soe to be gotten or had,
as is aforesaid, and without anie other manner of profitt or
accompte to be given or yeilded to us, our heires or successors,
for or in respecte of the same.
And that they shall or lawfullie may establishe and cawse to be
made a coine, to passe currant there betwene the people of those
severall Colonies for the more ease of trafiique and bargaining
betweene and amongest them and the natives there, of such mettall
and in such manner and forme as the same severall Counsells there
shall limitt and appointe. And wee doe likewise for us, our
heires and successors, by theise presents give full power and
auctoritie to the said Sir Thomas Gates, Sir George Sumers,
Richarde Hackluit, Edwarde Maria Winghfeilde, Thomas Hannam,
Raleighe Gilberde, William Parker and George Popham, and to
everie of them, and to the saide severall Companies, plantacions
and Colonies, that they and everie of them shall and may at all
and everie time and times hereafter have, take and leade in the
saide voyage, and for and towardes the saide severall plantacions
and Colonies, and to travell thitherwarde and to abide and
inhabit there in everie of the saide Colonies and plantacions,
such and somanie of our subjectes as shall willinglie accompanie
them, or anie of them, in the saide voyages and plantacions, with
sufficiente shipping and furniture of armour, weapon, ordonnance,
powder, victall, and all other thinges necessarie for the saide
plantacions and for theire use and defence there: provided
alwaies that none of the said parsons be such as hereafter shalbe
speciallie restrained by us, our heires or successors.
Moreover, wee doe by theise presents, for us, our heires and
successors, give and grannte licence unto the said Sir Thomas
Gates, Sir George Sumers, Richarde Hackluite, Edwarde Maria
Winghfeilde, Thomas Hannam, Raleighe Gilberde, William Parker and
George Popham, and to everie of the said Colinies, that they and
everie of them shall and may, from time to time and at all times
for ever hereafter, for theire severall defences, incounter or
expulse, repell and resist, aswell by sea as by lande, by all
waies and meanes whatsoever, all and everie suche parson and
parsons as without espiciall licence of the said severall
Colonies and plantacions shall attempte to inhabit within the
saide severall precincts and limitts of the saide severall
Colonies and plantacions, or anie of them, or that shall
enterprise or attempt at anie time hereafter the hurte,
detrimente or annoyance of the saide severall Colonies or
plantacions.
Giving and grannting by theise presents unto the saide Sir Thomas
Gates, Sir George Somers, Richarde Hackluite, and Edwarde Maria
Winghfeilde, and theire associates of the said Firste Colonie,
and unto the said Thomas Hannam, Raleighe Gilberde, William
Parker and George Popham, and theire associates of the saide
Second Colonie, and to everie of them from time to time and at
all times for ever hereafter, power and auctoritie to take and
surprize by all waies and meanes whatsoever all and everie parson
and parsons with theire shipps, vessels, goods and other
furniture, which shalbe founde traffiqueing into anie harbor or
harbors, creeke, creekes or place within the limitts or precincts
of the saide severall Colonies and plantacions, not being of the
same Colonie, untill such time as they, being of anie realmes or
dominions under our obedience, shall paie or agree to paie to the
handes of the Tresorer of the Colonie, within whose limitts and
precincts theie shall soe traffique, twoe and a halfe upon anie
hundred of anie thing soe by them traffiqued, boughte or soulde;
and being stranngers and not subjects under our obeysannce,
untill they shall paie five upon everie hundred of suche wares
and commoditie as theie shall traffique, buy or sell within the
precincts of the saide severall Colonies wherein theie shall soe
traffique, buy or sell, as aforesaide; which sommes of money or
benefitt, as aforesaide, for and during the space of one and
twentie yeres nexte ensuing the date hereof shalbe whollie
imploied to the use, benefitt and behoofe of the saide severall
plantacions where such trafficque shalbe made; and after the
saide one and twentie yeres ended the same shalbe taken to the
use of us, our heires and successors by such officer and minister
as by us, our heires and successors shalbe thereunto assigned or
appointed.
And wee doe further, by theise presentes, for us, our heires and
successors, give and grannte unto the saide Sir Thomas Gates, Sir
George Sumers, Richarde Hackluit, and Edwarde Maria Winghfeilde,
and to theire associates of the saide Firste Colonie and
plantacion, and to the saide Thomas Hannam, Raleighe Gilberde,
William Parker and George Popham, and theire associates of the
saide Seconde Colonie and plantacion, that theie and everie of
them by theire deputies, ministers and factors may transport the
goods, chattells, armor, munition and furniture, needfull to be
used by them for theire saide apparrell, defence or otherwise in
respecte of the saide plantacions, out of our realmes of Englande
and Irelande and all other our dominions from time to time, for
and during the time of seaven yeres nexte ensuing the date hereof
for the better releife of the said severall Colonies and
plantacions, without anie custome, subsidie or other dutie unto
us, our heires or successors to be yeilded or paide for the same.
Alsoe wee doe, for us, our heires and successors, declare by
theise presentes that all and everie the parsons being our
subjects which shall dwell and inhabit within everie or anie of
the saide severall Colonies and plantacions and everie of theire
children which shall happen to be borne within the limitts and
precincts of the said severall Colonies and plantacions shall
have and enjoy all liberties, franchises and immunites within
anie of our other dominions to all intents and purposes as if
they had been abiding and borne within this our realme of
Englande or anie other of our saide dominions.
Moreover our gracious will and pleasure is, and wee doe by theise
presents, for us, our heires and successors, declare and sett
forthe, that if anie parson or parsons which shalbe of anie of
the said Colonies and plantacions or anie other, which shall
trafficque to the saide Colonies and plantacions or anie of them,
shall at anie time or times hereafter transporte anie wares,
marchandize or commodities out of our dominions with a pretence
and purpose to lande, sell or otherwise dispose the same within
anie the limitts and precincts of anie of the saide Colonies and
plantacions, and yet nevertheles being at the sea or after he
hath landed the same within anie of the said Colonies and
plantacions, shall carrie the same into any other forraine
countrie with a purpose there to sell or dispose of the same
without the licence of us, our heires or successors in that
behalfe first had or obtained, that then all the goods and
chattels of the saide parson or parsons soe offending and
transporting, together with the said shippe or vessell wherein
suche transportacion was made, shall be forfeited to us, our
heires and successors.
Provided alwaies, and our will and pleasure is and wee doe hereby
declare to all Christian kinges, princes and estates, that if
anie parson or parsons which shall hereafter be of anie of the
said severall Colonies and plantacions, or anie other, by his,
theire, or anie of theire licence or appointment, shall at anie
time or times hereafter robb or spoile by sea or by lande or doe
anie acte of unjust and unlawfull hostilitie to anie the subjects
of us, our heires or successors, or anie of the subjects of anie
king, prince, ruler, governor or state being then in league or
amitie with us, our heires or successors, and that upon suche
injurie or upon juste complainte of such prince, ruler, governor
or state or their subjects, wee, our heires or successors, shall
make open proclamation within anie the ports of our realme of
Englande, commodious for that purpose, that the saide parson or
parsons having committed anie such robberie or spoile shall,
within the terme to be limitted by suche proclamations, make full
restitucion or satisfaction of all suche injuries done, soe as
the saide princes or others soe complained may houlde themselves
fully satisfied and contented; and that if the saide parson or
parsons having committed such robberie or spoile shall not make
or cause to be made satisfaction accordingly with such time soe
to be limitted, that then it shalbe lawfull to us, our heires and
successors to put the saide parson or parsons having committed
such robberie or spoile and theire procurers, abbettors or
comfortors out of our allegeannce and protection; and that it
shalbe lawefull and free for all princes and others to pursue
with hostilitie the saide offenders and everie of them and theire
and everie of theire procurors, aiders, abbettors and comforters
in that behalfe.
And finallie wee doe, for us, our heires and successors, grannte
and agree, to and with the saide Sir Thomas Gates, Sir George
Sumers, Richarde Hackluit and Edwarde Maria Winghfeilde, and all
other of the saide Firste Colonie, that wee, our heires or
successors, upon peticion in that behalfe to be made, shall, by
lettres patents under the Greate [Seale] of Englande, give and
grannte unto such parsons, theire heires and assignees, as the
Counsell of that Colonie or the most part of them shall for that
purpose nomminate and assigne, all the landes, tenements and
hereditaments which shalbe within the precincts limitted for that
Colonie, as is aforesaid, to be houlden of us, our heires and
successors as of our mannor of Eastgreenwiche in the countie of
Kente, in free and common soccage onelie and not in capite.
And doe, in like manner, grannte and agree, for us, our heires
and successors, to and with the saide Thomas Hannam, Raleighe
Gilberd, William Parker and George Popham, and all others of the
saide Seconde Colonie, that wee, our heires successors, upon
petition in that behalfe to be made, shall, by lettres patentes
under the Great Seale of Englande, give and grannte unto such
parsons, theire heires and assignees, as the Counsell of that
Colonie or the most parte of them shall for that purpose
nomminate and assigne, all the landes, tenementes and
hereditaments which shalbe within the precinctes limited for that
Colonie as is afore said, to be houlden of us, our heires and
successors as of our mannor of Eastgreenwich in the countie of
Kente, in free and common soccage onelie and not in capite.
All which landes, tenements and hereditaments soe to be passed by
the saide severall lettres patents, shalbe, by sufficient
assurances from the same patentees, soe distributed and devided
amongest the undertakers for the plantacion of the said severall
Colonies, and such as shall make theire plantacion in either of
the said severall Colonies, in such manner and forme and for such
estates as shall ordered and sett 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.]
This page last updated August 9, 2000.