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,[1] 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;
[Footnote 1: Throughout, this and the following two names
are spelled as "Wingfield," "Hanham," and "Gilbert" in
Stith.]
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 aforesaide; 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.
[Illustration: Photo by T. L. Williams
King James I
from the painting by Paul Van Somer]
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[2] 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.
[Footnote 2: _i.e._, "persons"]
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 traffique 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 Hachluit, 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 [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.
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 procurers, 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 [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 limitted 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 [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]