Pages 57-79 ======   ======Pages 110-136

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The Second Charter to the Treasurer and Company, for Virginia, erecting them into a Corporation and Body Politic, and for the further enlargement and explanation of the privileges of the said Company and First Colony of Virginia.
(Dated May 23d, 1609. 7 James 1st. −−− Stith's App.
No. 2)
      I. JAMES, by the grace of God, king of England, Scotland, France, and Ireland, defender of the faith, &c. To all, to whom these presents shall come, greeting. Whereas, at the humble suit and request of sundry our loving and well disposed subject, intending to deduce a colony, and to make habitation and plantation of sundry our people, in that part of America, commonly called Virginia, and other parts and territories in America, either appertaining unto us, or which are not actually possessed of any christian prince or people, within certain bounds and regions. We have formerly by our letters-patents, bearing date the tenth day of April, in the fourth year of our reign of England, France, and England, and of Scotland the nine and thirtieth, granted to sir Thomas Gates, sir George Somers, and others, for the more speedy accomplishment of the said plantation and habitation, that they should divide themselves into two Colonies (the one consisting of divers knights, gentlemen, merchant, and others, of our city of London, called the first colony; and the other consisting of divers knights, gentlemen, and others, of our cities of Bristol, Exeter, and town of Plimouth, and other places, called the second colony) and have yielded and granted many and sundry privileges and liberties to each colony, for their quiet settling and good government therein, as by the said letters-patents more at large appeareth: Second charter to the treasurer and company for Virginia.


Recital.
      II. Now, forasmuch as divers and sundry of our loving subjects, as well adventurers, as planters, of the said first colony, which have already engaged themselves in furthering the business of the said colony and plantation, and do further intend, by the assistance of Almighty God, And a petition for a further enlargement and explanation thereof.

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to prosecute the same to a happy end, have of late been humble suiters unto us, that (in respect of their great charges and the adventure of many of their lives, which they have hazarded in the said discovery and plantation of the said country) we would be pleased to grant them a further enlargement and explanation of the said grant, privileges, and liberties, and that such counsellors, and other officers, may be appointed amongst them, to manage and direct their affairs, as are willing and ready to adventure with them, as also whose dwellings are not so far remote from the city of London, but that they may, at convenient times, be ready at hand, to give their advice and assistance, upon all occasions requisite. 1609.
May 23d.
7th James 1st.
======
2d charter to the treasurer and company of Virginia.
      III. We, greatly affecting the effectual prosecution and happy success of the said plantation, and commending their good desires therein, for their further encouragement in accomplishing so excellent a work, much pleasing to God, and profitable to our kingdom, do, of our special grace and certain knowledge, and mere motion, for us, our heirs and successors, give, grant, and confirm, to our trusty and well beloved subjects, Robert, earl of Salisbury, Thomas, earl of Suffolk, Henry, earl of Southampton, William, earl of Pembroke, Henry, earl of Lincoln, earl of Dorset, Thomas, earl of Exeter, Philip, earl of Montgomery, Robert, Lord Viscount Lisle, Theophilus, Lord Howard of Walden, James Montague, Lord Bishop of Bath and Wells, Edward Lord Zouche, Thomas, Lord Lawarr, William, Lord Mounteagle, Ralph, Lord Ewre, Edmond, Lord Sheffield, Grey, Lord Chandois, Lord Compton, John, Lord Petre, John, Lord Stanhope, George, Lord Carew, Sir Humphrey Weld, Lord Mayor of London, George Percie, Esq: Sir Edward Cecil, Knt. Sir George Wharton, Knt. Francis, West, Esq. Sir William Wade, Knt. Sir Drue Drury, Knt. Sir John Scot, Knt. Sir Thomas Challoner, Knt. Sir Robert Drury, Knt. Sir Anthony Cope, Knt. Sir Horatio Vere, Knt. Sir Edward Conway, Knt. Sir William Brown, Knt. Sir Maurice Berkeley, Knt. Sir Robert Mansel, Knt. Sir Amias Preston, Knt. Sir Thomas Gates, Knt. Sir Anthony Ashly, Knt. Sir Michael Sandys, Knt. Sir Henry Carey, Knt. Sir Edward Michelborn, Knt. Sir John Ratcliffe, Knt. Company incorporated.

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Sir Charles Wilmot, Knt. Sir George Moor, Knt, Sir Hugh Wirral, Knt. Sir Thomas Dennis, Knt. Sir John Holles, Knt. Sir William Godolphin, Knt. Sir Thomas Monson, Knt. Sir Thomas Ridgwine, Knt. Sir John Brooke, Knt. Sir Robert Killigrew, Knt. Sir Henry Peyton, Knt. Sir Richard Williamson, Knt. Sir Ferdinando Weynmen, Knt. Sir William St. John, Knt. Sir Thomas Holcroft, Knt. Sir John Mallory, Knt. Sir Roger Ashton, Knt. Sir Walter Coke, Knt. Sir Herbert Crofte, Knt. Sir Henry Fanshaw, Knt. Sir John Smith, Knt. Sir Francis Wolly, Knt. Sir Edward Waterhouse, Knt. Sir Henry Seekford, Knt. Sir Edwin Sandys, Knt. Sir Thomas Waynam, Knt. Sir John Trevor, Knt. Sir Warwick Heele, Knt. Sir Robert Worth, Knt. Sir John Townsend, Knt. Sir Christopher Perkins, Knt. Sir Daniel Dun, Knt. Sir Henry Hobart, Knt. Sir Francis Bacon, Knt. Sir Henry Montague, Knt. Sir George Coppin, Knt. Sir Samuel Sandys, Knt. Sir Thomas Roe, Knt. Sir George Somers, Knt. Sir Thomas Freake, Knt. Sir Thomas Harwell, Knt. Sir Charles Kelke, Knt. Sir Baptist Hicks, Knt. Sir John Watts, Knt. Sir Robert Carey, Knt. Sir William Romney, Knt. Sir Thomas Middleton, Knt. Sir Hatton Cheeke, Knt. Sir John Ogle, Knt. Sir Cavallero Meycot, Knt. Sir Stephen Riddlesdon, Knt. Sir Thomas Bludder, Knt. Sir Anthony Aucher, Knt. Sir Robert Johnson, Knt. Sir Thomas Panton, Knt. Sir Charles Morgan, Knt. Sir Stephen Pole, Knt. Sir John Burlacie, Knt. Sir Christopher Cleave, Knt. Sir George Hayward, Knt. Sir Thomas Davis, Knt. Sir Thomas Sutton, Knt. Sir Anthony Forrest, Knt. Sir Robert Payne, Knt. Sir John Digby, Knt. Sir Dudley Digges, Knt. Sir Rowland Cotton, Knt. Dr. Matthew Sutcliff, Dr. Meadows, Dr. Turner, Dr. Poe, Captain Pagnam, Captain Jeffrey Holcrofte, Captain Romney, Captain Henry Spry, Chaptain Shelton, Captain Sparks, Captain Thomas Wyat, Captain Brinsley, Captain William Courtney, Captain Herbert, Captain Clarke, Captain Dehurst, Captain John Blundell, Captain Fryer, Captain Lewis Orwell, Captain Edward Loyd, Capt. Slingesby, Captain Hawley, Captain Orme, Captain Woodhouse, Captain Mason, Captain Thomas Holcroft, Captain Sohn Coke, Captain Holles, Captain William Proude, Captain Henry Woodhouse, Captain Richard Lindesey, Captain Dexter, Captain William Winter, Captain Pearse, Captain John Bingham, Captain Burray, Captain Thomas 1609.
May 23d.
7th James 1st.
======
2d charter to the treasurer and company of Virginia.

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Conway, Captain Rookwood, Captain William Lovelace, Captain John Ashley, Captain Thomas Wynne, Captain Thomas Mewtis, Captain Edward Harwood, Captain Michael Everard, Captain Comock, Captain Mills, Captain Pigot, Captain Edward-Maria Wingfield, Captain Christopher Newport, Captain John Sicklemore, alias Ratcliffe, Captain John Smith, Captain John Martin, Captain Peter Wynne, Captain Waldoe, Captain Thomas Wood, Captain Thomas Button, George Bolls, Esq. sheriff of London, William Crashaw, clerk, Batchelor of divinity, William Seabright, Esq. Christopher Brook, Esq. John Bingley, Esq. Thomas Watson, Esq. Richard Percival, Esq. John Moore, Esq. Hugh Brooker, Esq. David Woodhouse, Esq. Anthony Aucher, Esq. Robert Bowyer, Esq. Ralph Ewens, Esq. Zachary Jones, Esq. George Calvert, Esq. William Dobson, Esq. Henry Reynolds, Esq. Thomas Walker, Esq. Anthony Barnars, Esq. Thomas Sandys, Esq. Henry Sandys, Esq. Richard Sandys, Esq. Son of Sir Edwin Sandys, William Oxenbridge, Esq. John Moore, Esq. Thomas Wilson, Esq. John Bullock, Esq. John Waller, Esq. Thomas Webb, Jehu Robinson, William Brewster, Robert Evelyn, Henry Danby, Richard Hackluit, Minister, John Eldred, Merchant, William Russel, merchant, John Merrick, Merchant, Richard Banister, Merchant, Charles Anthony, Goldsmith, John Banks, William Evans, Richard Humble, Richard Chamberlayne, Merchant, Thomas Barber, Merchant, Richard Pomet, Merchant, John Fletcher, merchant, Thomas Nichols, merchant, John Stoke, merchant, Gabriel Archer, Francis Covel, William Bonham, Edward Harrison, John Wolstenhollme, Nicholas Salter, Hugh Evans, William Barnes, Otho Mawdet, Richard Staper, merchant, John Elkin, merchant, William Coyse, Thomas Perkin, cooper, Humphry James, cooper, Henry Jackson, Robert Singleton, Christopher Nichols, John Harper, Abraham Chamberlayne, Thomas Shipton, Thomas Carpenter, Anthony Crew, George Hollman, Robert Hill, Cleophas Smith, Ralph Harrison, John Farmer, James Brearley, William Crosby, Richard Cox, John Gearing, Richard Strongarm, Ironmongers, Thomas Langton, Griffith Hinton, Richard Ironside, Richard Dean, Richard Turner, William Lawson, mercer, James Chatfield, Edw'd Allen Tedder, Robert Hildebrand Sprinson, Arthur Mouse, John Gardiner, James Russel, Richard Caswell, Richard Evans, John Hawkins, Richard Kervil, Richard Brooke, Matthew Scrivener, gentleman, William

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1609.
May 23d.
7th James 1st.
======
2d charter to the treasurer and company of Virginia.
Stallenge, gentleman, Arthur Venn, gentleman, Sandys Webbe, gentleman, Michael Phettiplace, gentleman, William Phettiplace, gentleman, Ambrose Prusey, gentleman, John Taverner, gentleman, George Pretty, gentleman, Peter Latham, gentleman, Thomas Montford, gentleman, William Cantrel, gentleman, Richard Wiffin, gentleman, Ralph Moreton, gentleman, John Cornelius, Martin Freeman, Ralph Freeman, Andrew Moore, Thomas White, Edward Perkin, Robert Offley, Thomas Whitley, George Pit, Robert Parkhurst, Thomas Morris, Peter Harloe, Jeffry Duppa, John Gilbert, William Hancock, Matthew Brown, Francis Tyrrel, Randal Carter, Othowell Smith, Thomas Hamond, Martin Bond, haberdasher, John Moulsoe, Robert Johnson, William Young, John Woodal, William Felgate, Humfrey Westwood, Richard Champion, Henry Robinson, Francis Mapes, William Sambach, Ralegh Crashaw, Daniel Tucker, Thomas Grave, Hugh Willeston, Thomas Culpeper, of Wigsel, Esq. John Culpepper, gentleman, Henry Lee, Josias Kirton, gentleman, John Pory, gentleman, Henry Collins, George Burton, William Atkinson, Thomas Forest, John Russel, John Holt, William Harrison, Gabriel Beedel, John Beedel, Henry Dawkes, George Scot, Edward Fleetwood, gentleman, Richard Rogers, gentleman, Arthur Robinson, Robert Robinson, John Huntley, John Gray, William Payne, William Field, William Wattey, William Webster, John Dingley, Thomas Draper, Richard Glanvil, Arnold Hulls, Henry Roe, William Moore, Nicholas Gryce, James Monger, Nicholas Andrews, Jeremy Haydon, Ironmonger, Philip Durette, John Quarles, John West, Matthew Springham, John Johnson, Christopher Hore, Thomas Snead, George Berkeley, Arthur Pet, Thomas Careles, William Berkeley, Thomas Johnson, Alexander Bents, Captain William King, George Sandys, gentleman, James White, gentleman, Edmond Wynne, Charles Towler, Richard Reynold, Edward Webb, Richard Maplesden, Thomas Lever, David Bourne, Thomas Wood, Ralph Hamer, Edward Barnes, mercer, John Wright, mercer, Robert Middleton, Edward Littlefield, Katharine West, Thomas Web, Ralph King, Robert Koppin, James Askew, Christopher Holt, William Bardwell, Alexander Chiles, Lewis Tate, Edward Ditchfield, James Swifte, Richard Widdowes, goldsmith, Edmond Brudnenell, Edward Burwell, John Hansford, Edward Wooler, William Palmer, haberdasher, 1609.
May 23d.
7th James 1st.
======
2d charter to the treasurer and company of Virginia.

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John Badger, John Hodgson, Peter Mounsel, John Carril, John Bushridge, William Dun, Thomas Johnson, Nicholas Benson, Thomas Shipton, Nathaniel Wade, Randal Wetwood, Matthew Dequester, Charles Hawkins, Hugh Hamersley, Abraham Cartwright, George Bennet, William Cater, Richard Goddart, Henry Cromwell, Phineas Pet, Robert Cooper, John Cooper, Henry Newce, Edward Wilkes, Robert Bateman, Nicholas Farrar, John Newhouse, John Cason, Thomas Harris, gentleman, George Etheridge, gentleman, Thomas Mayle, gentleman, Richard Stafford, Thomas      , Richard Cooper, John Westrow, Edward Welch, Thomas Britain, Thomas Knowles, Octavian Thorne, Edmond Smith, John March, Edward Carew, Thomas Pleydall, Richard Let, Miles Parker, Henry Price, John Joshua, gentleman, William Clauday, Jeremy Pearsye, John Bree, gentleman, William Hampson, Christopher Pickford, Thomas Hunt, Thomas Truston, Christopher Salmon, John Howard, clerk, Richard Partridge, Allen Cassen, Felix Wilson, Thomas Bathurst, George Wilmer, Andrew Wilmer, Maurice Lewellin, Thomas Godwin, Peter Burgoyne, Thomas Burgoyne, Robert Burgoyne, Robert Smith, merchant-taylor, Edward Cage, grocer, Thomas Cannon, gentleman, William Welby, stationer, Clement Wilmer, gentleman, John Clapham, gentleman, Giles Francis, gentleman, George Walker, sadler, John Swinhow, stationer, Edward Bishop, stationer, Leonard White, gentleman, Christopher Baron, Peter Benson, Richard Smith, George Proctor, minister, Millicent Ramsden, widow, Joseph Soane, Thomas Hinshaw, John Baker, Robert Thornton, John Davis, Edward Facit, George Newce, gentleman, John Robinson, Captain Thomas Wood, William Brown, shoemaker, Robert Barker, shoemaker, Robert Pennington, Francis Burley, minister, William Quick, grocer, Edward Lewis, grocer, Laurence Campe, draper, Aden Perkins, grocer, Richard Shepherd, preacher, William Sherley, haberdasher, William Taylor, haberdasher, Edwin Lukin, gentleman, John Franklyn, haberdasher, John Southwick, Peter Peate, George Joban, Ironmonger, George Yeardley, gentleman, Henry Shelley, John Prat, Thomas Church, draper, William Powel, gentleman, Richard Frith, gentleman, Thomas Wheeler, draper, Francis Haselrig, gentleman, Hugh Shipley, gentleman, John Andrews, the elder, doctor of Cambridge, Francis Whistler, gentleman, John Vassal, gentleman, Richard 1609.
May 23d.
7th James 1st.
======
2d charter to the treasurer and company of Virginia.

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Howle, Edward Berkeley, gentleman, Richard Keneridgburg, gentleman, Nicholas Exton, draper, William Bennet, fishmonger, James Haywood, merchant, Nicholas Isaac, merchant, William Gibbs, merchant,       Bishop, Bernard Mitchel, Isaac Mitchel, John Streate, Edward Gall, John Martin, gentleman, Thomas Fox, Luke Lodge, John Woodliffe, gentleman, Richard Webb, Vincent Low, Samuel Burnham, Edmund Pears, haberdasher, John Googe, John St. John, Edward Vaughan, William Dunn, Thomas Alcocke, John Andrews the younger, of Cambridge, Samuel Smith, Thomas Gerrard, Thomas Whittingham, William Canning, Paul Canning, George Chandler, Henry Vincent, Thomas Ketley, James Skelton, James Mountaine, George Webb, gentleman, Joseph Newbridge, Smith, Josiah Mand, Captain Ralph Hamer, the younger, Edward Brewster, the son of William Brewster, Leonard Harwood, Mercer, Philip Druerdent, William Carpenter, Tristian Hill, Robert Cock, Grocer, Laurence Grecie, Grocer, Samuel Winch, grocer, Humphrey Stile, grocer, Avern Dransfield, grocer, Edward Hodges, grocer, Edward Beale, grocer, Thomas Culler, grocer, Ralph Busby, grocer, John Whittingham, grocer, John Hide, grocer, Matthew Shepherd, grocer, Thomas Allen, grocer, Richard Hooker, grocer, Lawrence Munks, grocer, John Tanner, grocer, Peter Gate, grocer, John Blunt, grocer, Robert Phips, grocer, Robert Berrisford, grocer, Thomas Wells, grocer, John Ellis, grocer, Henry Colthurst, grocer, John Cavady, grocer, Thomas Jennings, grocer, Edmond Pashall, grocer, Timothy Bathurst, grocer, Giles Parslow, grocer, Robert Milmay, grocer, Richard Johnson, grocer, William Johnson, vintner, Ezekiel Smith, Richard Martin, William Sharp, Robert Rich, William Stannard, innholder, John Stocken, William Strachey, gentleman, George Farmer, gentleman, Thomas Gypes, clothworker, Abraham Davies, gentleman, Thomas Brockett, gentleman, George Bach, fishmonger, Henry Spranger, Richard Farrington, Christopher Vertne, vintner, Thomas Bayley, vintner, George Robins, vintner, Tobias Hinson, grocer, Vrian Spender, Clement Chickeley, John Scarpe, gentleman, James Campbell, ironmonger, Christopher Clitheroe, ironmonger, Philip Jacobson, Peter Jacobson, of Antwerp, William Berkeley, Miles Banks, cutler, Peter Higgons, grocer, Henry John, gentleman, John Stockley, merchant-taylor, the company of mercers, the company of grocers, the company of drapers, the company of 1609.
May 23d.
7th James 1st.
======
2d charter to the treasurer and company of Virginia.

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fishmongers, the company of goldsmiths, the company of skinners, the company of merchant-taylors, the company of haberdashers, the company of salters, the company of ironmongers, the company of vintners, the company of clothworkers, the company of dyers, the company of brewers, the company of leathersellers, the company of pewterers, the company of Cutlers, the company of white-bakers, the company of waxchandlers, the company of tallow-chandlers, the company of armorers, the company of girdlers, the company of butchers, the company of sadlers, the company of carpenters, the company of cordwaynes, the company of barber-chirurgeons, the company of paint-stainers, the company of curriers, the company of masons, the company of plumbers, the company of inholders, the company of founders, the company of poulterers, the company of cooks, the company of coopers, the company of tylers and bricklayers, the company of bowyers, the company of Fletchers, the company of blacksmiths, the company of joiners, the company of weavers, the company of woolmen, the company of woodmongers, the company of scriveners, the company of fruiterers, the company of plaisterers, the company of Brownbakers, the company of stationers, the company of imbroiderers, the company of upholsters, the company of musicians, the company of turners, the company of gardiners, the company of basketmakers, the company of glaziers, John Levet, merchant, Thomas Nornicot, clothworker, Richard Venn, haberdasher, Thomas Scot, gentleman, Thomas Buxon, merchant-taylor, George Hankinson, Thomas Seyer, gentleman, Matthew Cooper, George Butler, gentleman, Thomas Lawson, gentleman, Edward Smith, haberdasher, Steven Sparrow, John Jones, merchant,       Reynolds, brewer, Thomas Plummer, merchant, James Duppa, brewer, Rowland Coitmore, William Southerne, George Whitmore, haberdasher, Anthony Gosnold, the younger, John Allen, fishmonger, Simon Yeomans, fishmonger, Lancelot Davis, gentleman, John Hopkins, alderman of Bristol, John Kettleby, gentleman, Richard Clene, goldsmith, George Hooker, gentleman, Robert Chening, yeoman, and to such and so many as they do, or shall hereafter admit to be joined with them in form hereafter in these presents expressed, whether they go in their persons, to be planters there in the said plantation, or whether they go not, but adventure their monies, goods, or chattles; That they shall be one body or commonalty perpetual, and shall have perpetual succession, and one common 1609.
May 23d.
7th James 1st.
======
2d charter to the treasurer and company of Virginia.

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89
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seal, to serve for the said body or commonalty; and that they, and their successors, shall be known, called and incorporated by the name of The Treasurer and Company of Adventurers and Planters of the City of London for the first Colony in Virginia:

      IV. And that they and their successors, shall be, from henceforth, forever enabled to take, acquire and purchase, by the name aforesaid (licence for the same, from us, our heirs or successors, first had and obtained) any manner of lands, tenements, and hereditaments, good and chattels, within our realm of England, and dominion of Wales:
1609.
May 23d.
7th James 1st.
======
Stile of the Corporation.


May take and hold property, &c.
      V. And that they and their successors, shall likewise be enabled, by the name aforesaid, to plead and be impleaded, before any of our judges or justices, in any of our courts, and in any actions or suits whatsoever. May plead and be impleaded.
      VI. And we do also of our special grace, certain knowledge and mere motion, give, grant and confirm, unto the said treasurer and company, and their successors, under the reservations, limitations, and declarations, hereafter expressed, all those lands, countries, and territories, situate, lying, and being, in that part of America called Virginia, from the point of land, called Cape or Point Comfort, all along the sea coast, to the northward two hundred miles, and from the said point of Cape Comfort, all along the sea coast to the southward two hundred miles, and all that space and circuit of land, lying from the sea coast of the precinct aforesaid, up into the land, throughout from sea to sea, west and northwest; and also all the islands, lying within one hundred miles, along the coast of both seas of the precinct aforesaid; together with all the soils, grounds, havens, and ports, mines, as well royal mines of gold and silver, as other minerals, pearls and precious stones, quarries, woods, rivers, waters, fishings, commodities, jurisdictions, royalties, privileges, franchises and preheminences, within the said territories, and the precincts thereof, whatsoever, and thereto and thereabouts, both by sea and land, being or in any sort belonging or appertaining, and which we by our letters patents, may or can grant, in as ample manner and sort, as we or any of our noble progenitors, have heretofore granted to any company, body politick or corporate, or to any adventurer or adventurers, undertaker or undertakers, of any discoveries, Confirmation of former grants.










Limits of the Colony and extent of jurisdiction.
   
Plantations, or traffick, of, in or into any foreign parts whatsoever, and in as large and ample manner, as if the same were herein particularly mentioned and expressed; to have and to hold, possess and enjoy, all and singular the said lands, countries and territories, with all and singular other the premises heretofore by these presents granted, or mentioned to be granted, to them, the said treasurer and company, their successors and assigns forever; to the sole and proper use of them, the said treasurer and company, their successors and assigns for ever; to be holden of us, our heirs, and successors, as of our manour of East Greenwich, in free and common soccage, and not in capite; yielding an paying, therefore, to us, our heirs, and successors, the fifth part only of all ore of gold and silver, that from time to time, and at all times hereafter, shall be there gotten, had or obtained for all manner of services. 1609.
May 23d.
7th James 1st.
======
      Habendum.



Tenure.
      VII. And nevertheless, our will and pleasure is, and we do, by these presents, charge, command, warrant, and authorise, that the said treasurer and company, or their successors, or the major part of them, which shall be present and assembled for that purpose, shall, from time to time, under their common seal, distribute, convey, assign, and set over, such particular portions of lands, tenements, and hereditaments, by these presents formerly granted, unto such our loving subject, naturally born, or denizens, or others, as well adventurers as planters, as by the said company (upon a commission of survey and distribution, executed and returned for that purpose,) shall be nominated, appointed, and allowed; wherein our will and pleasure is, that respect be had, as well of the proportion of the adventurer, as to the special service, hazard, exploit, or merit of any person so to be recompenced, advanced, or rewarded. Provision for former adventurers.
      VIII. And forasmuch, as the good and prosperous success of the said plantation cannot but chiefly depend, next under the blessing of God, and the support of our royal authority, upon the provident and good direction of the whole enterprize, by the careful and understanding council, and that it is not convenient, that all the adventurers shall be so often drawn to meet and assemble, as shall be requisite for them to have meetings and conference about the affairs thereof; and therefore we do ordain, establish and confirm, that there shall be perpetually one One council to be in England.

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council here resident, according to the tenor of our former letters patents; which council shall have a seal, for the better government and administration of the said plantation, besides the legal seal of the company or corporation, as in our former letters patents is also expressed.

      IX. And further, we establish and ordain, that Henry, Earl of Southampton, William, Earl of Pembroke, Henry, Earl of Lincoln, Thomas, Earl of Exeter, Robert, Lord Viscount Lisle, Lord Theophilus Howard, James, Lord Bishop of Bath and Wells, Edward, Lord Zouch, Thomas, Lord Lawarr, William, Lord Monteagle, Edmond, Lord Sheffield, Gray, Lord Chandois, John, Lord Stanhope, George, Lord Carew, Sir Humfrey Weld, Lord Mayor of London, Sir Edward Cecil, Sir William Wade, Sir Henry Nevil, Sir Thomas Smith, Sir Oliver Cromwell, Sir Peter Manwood, Sir Thomas Challoner, Sir Henry Hobart, Sir Francis Bacon, Sir George Coppin, Sir John Scot, Sir Henry Carey, Sir Robert Drury, Sir Horatio Vere, Sir Edward Conway, Sir Maurice Berkeley, Sir Thomas Gates, Sir Michael Sandys, Sir Robert Mansel, Sir John Trevor, Sir Amias Preston, Sir William Godolphin, Sir Walter Cope, Sir Robert Killigrew, Sir Henry Fanshaw, Sir Edwin Sandys, Sir John Watts, Sir Henry Montague, Sir William Romney, Sir Thomas Roe, Sir Baptist Hicks, Sir Richard Williamson, Sir Stephen Poole, Sir Dudley Digges, Christopher Brooke, Esq. John Eldred, and John Wolstenholme, shall be our Council for the said Company of Adventurers and Planters in Virginia.
1609.
May 23d.
7th James 1st.
======
2d charter to the treasurer and company of Virginia.

Names of the members.
      X. And the said Thomas Smith we do ordain to be treasurer of the said company; which treasurer shall have authority to give order, for the warning of the council, and summoning the company, to their courts and meetings. Treasurer.
      XI. And the said council and treasurer, or any of them, shall be from henceforth, nominated, chosen, continued, displaced, changed, altered, and supplied, as death, or other several occasions, shall require, out of the company of the said adventurers, by the voice of the greater part of the said company and adventurers, in their assembly for that purpose: Provided always, that every counsellor, so newly elected, shall be presented to the lord chancellor of England, or to the lord high treasurer of England, Council & treasurer, how chosen and vacancies supplied.

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or to the lord chamberlain of the household of us, our heirs, and successors, for the time being, to take his oath of a counsellor to us, our heirs and successors, for the said company of adventurers and colony in Virginia.

      XII. And we do by these presents, of our special grace, certain knowledge, and mer motion for us, our heirs and successors, grant unto the said treasurer and company, and their successors, that if it happen, at any time or times, the treasurer for the time being to be sick, or to have any such cause of absence from the city of London, as shall be allowed by the said council, or the greater part of them, assembled, so as he cannot attend the affairs of that company, in every such case, it shall and may be lawful for such treasurer for the time being, to assign, constitute and appoint, one of the council or company, to be likewise allowed by the council, or the greater part of them, assembled, to be the deputy treasurer of the said company; which deputy shall have power to do and execute all things, which belong to the said treasurer, during such time, as such treasurer shall be either sick, or otherwise absent upon cause allowed of by the said council, or the major part of them, as aforesaid, so fully and wholly, and in as large and ample manner and form, to all intents and purposes, as the said treasurer, if he were present, himself might or could do and execute the same.
1609.
May 23d.
7th James 1st.
======
2d charter to the treasurer and company of Virginia.









      Deputy treasurer, when and how appointed.
      XIII. And further, of our special grace, certain knowledge, and mere motion, for us, our heirs, and successors, we do, by these presents, give and grant full power and authority to our said council, here resident, as well at this present time, as hereafter from time to time, to nominate, make, constitute, ordain, and confirm, by such name or names, stile or stiles, as to them shall seem good, and likewise to revoke, discharge, change, and alter, as well all and singular governors, officers, and ministers, which already have been made, as also which hereafter shall be by them though fit and needful to be made or used, for the government of the said colony and plantation; Council in England, to appoint & remove officers, &c.
      XIV. And also to make, ordain, and establish all manner of orders, laws, directions, instructions, forms, and ceremonies of government and magistracy, fit and necessary, for and concerning the government of the said colony and plantation; and the same at all times hereafter, to       To establish forms of government for the colony.

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abrogate, revoke, or change, not only within the precincts of the said colony, but also upon the seas in going and coming, to and from the said colony, as they, in their good discretion, shall think to be fittest for the good of the adventurers and inhabitants there.

      XV. And we do also declare, that for divers reasons and considerations us thereunto especially moving, our will and pleasure is, and we do hereby ordain, that immediately from and after such time, as any such governor or principal officer, so to be nominated and appointed, by our said council, for the government of the said colony, as aforesaid, shall arrive in Virginia, and give notice unto the colony there resident of our pleasure in this behalf, the government, power, and authority of the president and council, heretofore by our former letters patents there established, and all laws and constitutions, by them formerly made, shall utterly cease and be determined, and all officers, governors, and ministers, formerly constituted and appointed, shall be discharged, any thing, in our former letters patents concerning the said plantation contained, in ay wise to the contrary notwithstanding; straightly charging and commanding the president and council, now resident in the said colony, upon their allegiance, after knowledge given unto them of our will and pleasure, by these presents signified and declared, that they forthwith be obedient to such governor or governors, as by our said council, here resident, shall be named and appointed, as aforesaid, and to all directions, orders and commandments, which they shall receive from them, as well in the resent resigning and giving up of their authority, offices, charges and places, as in all other attendance, as shall be by them, from time to time, required.
1609.
May 23d.
7th James 1st.
======
2d charter to the treasurer and company of Virginia.


On notice of the appointment of a Govenor by the treasurer & company, the powers of the former governor & council to cease.
      XVI. And we do further, by these presents, ordain and establish, that the said treasurer and council here resident, and their successors, or any four of them, being assembled (the treasurer being one) shall, from time to time, have full power and authority, to admit and receive any other person into their company, corporation, and freedom; and further, in a general assembly of the adventurers, with the consent of the great part, upon good cause, to disfranchise and put out any person or persons, out of the said freedom and company. How new members may be admitted, & old ones disfranchised.
      XVII. And we do also grant and confirm, for us, our heirs and successors, that it shall be lawful for the said       Privilege of mining.

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93

ANCIENT CHARTERS.


   
treasurer and company, and their successors, by direction of the governors there, to dig and to search for all manner of mines of gold, silver, copper, iron, lead, tin, and all sorts of minerals, as well within the precinct aforesaid, as within any part of the main land, not formerly granted to any other; and to have and enjoy the gold, silver, copper, iron, lead, and tin, and all other minerals, to be gotten thereby, to the use and behoof of the said company of planters and adventurers; yielding thereof, and paying yearly, unto us, our heirs and successors, as aforesaid. 1609.
May 23d.
7th James 1st.
======
2d charter to the treasurer and company of Virginia.
      XVII. And we do further, of our special grace, certain knowledge, and mere motion, for us, our heirs, and successors, grant, by these presents, to and with the said treasurer and company, and their successors, that it shall be lawful and free for them, and their assigns, at all and every time and times hereafter, out of our realm of England, and out of all other our dominions, to take and lead into the said voyages, and for and towards the said plantation, and to travel thitherwards, and to abide and inhabit there in the said colony and plantation, all such and so many of our living subjects, or any other strangers, that will become our loving subjects and live under our obedience, as shall willingly accompany them in the said voyage and plantation; with sufficient shipping, armour, weapons, ordinance, munition, powder, shot, victuals, and such merchandizes or wares, as are esteemed by the wild people in those parts, cloathing, implements, furniture, cattle, horses, and mares, and all other things, necessary for the said plantation, and for their use, and defence, and trade with the people there; and in passing and returning to and fro; without yielding or paying subsidy, custom, imposition, or any other tax or duty, to us, our heirs or successors, for the space of seven years from the date of these presents: Provided, that none of the said persons be such, as shall be hereafter, by especial name, restrained by us, our heirs, and successors. Treasurer and company may take adventurers from England or elsewhere.
      XIX. And for their further encouragement, of our special grace and favor, we do, by these presents, for us, our heirs, and successors, yield and grant, to and with the said treasurer and company, and their successors, and every of them, their factors, and assigns, that they and every of them, shall be free of all subsidies and customs in Virginia, for the space of one and twenty years, and from all taxes and impositions, for ever, upon any goods or Colonists to be free from customs for 21 years, and from taxes forever, except five per cent, on goods imported into England.

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94

ANCIENT CHARTERS.


   
merchandises, at any time or times hereafter, either upon importation thither, or exportation from thence, into our realms of England, or into any other of our realms or dominions, by the said treasurer and company, and their successors, their deputies, factors, or assigns, or any of them: Except only the five pounds per cent, due for custom, upon all such goods and merchandizes, as shall be brought or imported into our realm of England, or any other of these our dominions, according to the ancient trade of merchants; which five pounds per cent, only being paid, it shall be thenceforth lawful and free for the said adventurers, the same goods and merchandizes to export, and carry out of our said dominions, into foreign parts, without any custom, tax, or other duty, to be paid to us, our heirs, or successors, or to any other our officers and deputies; Provided, that the said goods and merchandizes be shipped out, within thirteen months, after the first landing within any part of those dominions. 1609.
May 23d.
7th James 1st.
======
2d charter to the treasurer and company of Virginia.
      XX. And we do also grant and confirm to the said treasurer and company, and their successors, as also to all and every such governor, or other officers and ministers, as by our said council shall be appointed to have power, authority of government and command, in or over the said colony or plantation; that they, and every of them, shall lawfully may, from time to time, and at all times for ever hereafter, for their several defence and safety, encounter, expulse, repel, and resist, by force and arms, as well by sea as by land, and all ways and means whatsoever, all and every such person or persons whatsoever, as (without the special licence of the said treasurer and company, and their successors) shall attempt to inhabit, within the said several precincts and limits of the said colony and plantation; and also, all and every such person and persons whatsoever, as shall enterprise or attempt, at any time hereafter, destruction, invasion, hurt, detriment, or annoyance, to the said colony and plantation, as is likewise specified in the said former grant. Colonists may expel intruders.
      XXI. And that it shall be lawful for the said treasurer and company, and their successors, and every of them, from time to time, and at all times for ever hereafter, and they shall have full power and authority, to take and surprise, by all ways and means whatsoever, all and every person and persons whatsoever, with their ships, goods, and other furniture, trafficking in any harbor, creek, or Duty on foreigners.

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95

ANCIENT CHARTERS.


   
place within the limits or precincts of the said colony and plantation, not being allowed by the said company to be adventurers or planters of the said colony, until such time, as they, being of any realms and dominions under our obedience, shall pay, or agree to pay, to the hands of the treasurer or of some other officer, deputed by the said governor of Virginia (over and above such subsidy and custom, as the said company is, or hereafter shall be, to pay) five pounds per cent. upon all goods and merchandizes so brought in thither, and also five per cent. upon all goods by them shipped out from thence; and being strangers, and not under our obedience, until they have paid (over and above such subsidy and custom, as the said treasurer and company, or their successors, is, or hereafter shall be, to pay) ten pounds per cent. upon all such goods, likewise, carried in and out, any thing, in the said former letters patents, to the contrary notwithstanding; and the same sums of money and benefit, as aforesaid, for and during the space of one and twenty years, shall be wholly employed to the benefit, use, and behoof of the said colony and plantation; and after the said one and twenty years ended, the same shall be taken to the use of us, our heirs, or successors, shall be hereunto assigned and appointed, as is specified in the said former letters patents. 1609.
May 23d.
7th James 1st.
======
2d charter to the treasurer and company of Virginia.
      XXII. Also, we do, for us, our heirs, and successors, declare, by these presents, that all and every the persons, being our subjects, which shall go and inhabit within the said colony and plantation, and every of their children and posterity, which shall happen to be born within any limits thereof, shall have and enjoy all liberties, franchises, and immunities of free denizens and natural subjects, within any of our dominions, to all intents and purposes, as if they had been abiding and born, within this our realm of England, or in any other of our dominions. Adventurers & their posterity to be considered British subjects.
      XXIII. And forasmuch, as it shall be necessary for all such our loving subjects, as shall inhabit within the said precincts of Virginia, aforesaid, to determine to live together, in the fear and true worship of Almighty God, Christian peace, and civil quietness, each with other, whereby every one may, with more safety, pleasure, and profit, enjoy that, whereunto they shall attain with great pain, and peril; we, for us, our heirs and successors, are Power of the council in England, as to civil and religious matters.

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96

ANCIENT CHARTERS.


   
likewise pleased and contented, and by these presents, do give and grant unto the said treasurer and company, and their successors, and to such governors, officers and ministers, as shall be, by our said council, constituted and appointed, according to the natures and limits of their offices and places respectively, that they shall and my, from time to time forever hereafter, within the said precincts, of Virginia, or in the way by * sea thither and from thence, have full and absolute power and authority, to correct, punish, pardon, govern and rule, all such the subjects of us, our heirs and successors, as shall, from time to time, adventure themselves in any voyage tither, or that shall, at any time hereafter, inhabit in the precincts and territories of the said colony, as aforesaid, according to such orders, ordinances, constitutions, directions, and instructions, as by our said council, as aforesaid, shall be established; and in defect thereof, in case of necessity, according to the good discretions of the said governor and officers, respectively, as well in cases capital and criminal as civil, both marine and other; So always, as the said statutes, ordinances and proceedings, as near as conveniently may be, be agreeable to the laws, statutes, government, and policy of our realm of this England. 1609.
May 23d.
7th James 1st.
======
2d charter to the treasurer and company of Virginia.








Power of the governor and council in Virginia.
      XXIV. And we do further, of our special grace, certain knowledge, and mere motion, grant, declare and ordain, that such principal governor, as from time to time, shall duly and lawfully be authorised and appointed, in manner and form in these presents heretofore expressed, shall have full power and authority, to use and exercise martial law, in cases of rebellion or mutiny, in as large and ample manner, as our lieutenants in our counties, within this realm of England, have or ought to have, by force of their commissions of Lieutenantcy. Martial law to be enforced in cases of rebellion or mutiny.
      XXV. And furthermore, if any person or persons, adventurers or planters of the said colony, or any other, at any time or times hereafter, shall transport any monies, goods or merchandises, out of any of our kingdoms, with a pretence or purpose, to land, sell or otherwise dispose of the same, within the limits or bounds of the said colony, and yet nevertheless, being at sea, or after he hath landed within any part of the said colony, shall carry the same Penalty for fraudulently carrying goods other than to the port of destination.
      * MS. Seas             MS. Directions            MS. Countries.

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97

ANCIENT CHARTERS.


   
into any other foreign country, with a purpose there to sell and dispose thereof; that then all the goods and chattels of the said person, or persons, so offending and transported, together with the ship or vessel, wherein such transportation was made, shall be forfeited to us, our heirs and successors.

      XXVI. And further our will and pleasure is, that in all questions and doubts, that shall arise, upon any difficulty of construction or interpretation of any thing, contained either in this, or in our said former letters patents, the same shall be taken and interpreted, in most ample and beneficial manner for the said treasurer and company, and their successor, and every member thereof.
1609.
May 23d.
7th James 1st.
======
2d charter to the treasurer and company of Virginia.

Construction of charters to be most favorable to treasurer and company.
      XXVII. And further, we do, by these presents, ratify and confirm unto the said treasurer and company, and their successors, all the privileges, franchises, liberties, and immunities, granted in our said former letters patents, and not in these our letters patents revoked, altered, changed, or abridged. Former privileges confirmed.
      XXVIII. And finally, our will and pleasure is, and we do further, hereby, for us, our heirs, and successors, grant and agree, to and with the said treasurer and company, and their successors, that all and singular person and persons, which shall at any time or times hereafter adventure any sum or sums of money, in and towards the said plantation of the said colony in Virginia, and shall be admitted by the said council and company, as adventurers of the said colony, in form aforesaid, and shall be enrolled in the book of records of the adventurers of the said company, shall and may be accounted, accepted, taken, held, and reputed, adventurers of the said colony, and shall and may enjoy all and singular grants, privileges, liberties, benefits, profits, commodities, and immunities, advantages, and emoluments, whatsoever, as fully, largely, amply, and absolutely, as if they, and every of them, had been precisely, singularly, and distinctly, named and inserted in these our letters patents. Who entitled to privileges of adventurers.
      XXIX. And lastly, because the principal effect, which we can desire or expect of this action, is the conversion and reduction of the people in those parts unto the true worship of God and Christian religion, in which respect we should be loath, that any person should be permitted To guard against the superstitions of the church of Rome,

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98

ANCIENT CHARTERS.


   
to pass, that we suspected to effect the superstitions of the church of Rome; we do hereby declare, that it is our will and pleasure, that none be permitted to pass in any voyage, from time to time to be made into the said country, but such, as first shall have taken the oath of supremacy; for which purpose, we do, by these presents, give full power and authority, to the treasurer for the time being, and any three of the council, to tender and exhibit the said oath, to all such persons, as shall, at any time, be sent and employed in the said voyage. Although express mention of the true yearly value or certainty of the premises, or any of them, or of any other gifts or grants, by us or any of our progenitors or predecessors, to the aforesaid 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 witness whereof, we have caused these our letters to be made, patent. Witness ourself at Westminster, the 23d day of May, in the seventh year of our reign of England, France, and Scotland the **** the oath of supremacy to be tendered to all persons.
Per ipsum Regem.      
Lukis
======
A Third Charter of K. James I. to the Treasurer and
Company, for Virginia,

(Dated March 12, 1611-2. −−−−−− Stith's Appendix.
No. 3)
      I. JAMES, by the grace of God, king of England, Scotland. France and Ireland, defender of the faith; to all to whom these presents shall come greeting, Whereas, at the humble suit of divers and sundry our loving subjects, as well adventurers as planters of the first colony in Virginia, and for the propogation of christian religion, and reclaiming of people barbarous to civility and humanity, we have, by our letters patents, bearing date, at Westminster, the three and twentieth day of May, in the seventh year of our reign of England, France, and Ireland. and the two and fortieth of Scotland, given and       Third charter to the treasurer and company for Virginia.

Recital.

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99

ANCIENT CHARTERS.


   
granted unto them, that they, and all such and so many of our loving subjects, as should from time to time for ever after, be joined with them, as planters or adventurers in the said plantation, and their successors forever, should be one body politick, incorporated by the name of, The Treasurer and Company of Adventurers and Planters of the city of London for the first Colony in Virginia. 1611-2.
March 12.
9th James 1st.
======
      3d Charter, &c.
      II. And whereas also, for the greate good and benefit of the said company, and for the better furtherance, strengthening and establishing of the said plantation, we did further give, grant and confirm, by our said letters patents, unto the said treasurer, and company, and their successors, for ever, all those lands, countries, or territories, situate, lying, and being, in that part of America called Virginia, from the point of land, called Cape or Point Comfort, all along the sea coasts, to the northward, two hundred miles, and from the said point of Cape Comfort all along the sea coast, to the southward, two hundred miles, and all that space and circuit of land, lying from the sea coast of the precinct aforesaid, up or into the land, throughout from sea to sea, west and northwest, and also all the islands, lying within one hundred miles, along the coast of both the seas of the precinct aforesaid, with divers other grants, liberties, franchises, and prehiminences, privileges, profits, benefits, and commodities, granted, in and by our said letters patents, to the said treasurer and company, and their successors, for ever:


      Former boundaries recited.
      III. Now, forasmuch as we are given to understand, that in those areas, adjoining to the said coast of Virginia, and without the compass of those two hundred miles, by us so granted unto the said treasurer and company, as aforesaid, and yet not far distant from the said colony in Virginia, there are, or may be, divers islands, lying desolate and uninhabited, some of which are already made known and discovered, by the industry, travel, and expences of the said company, and others also are supposed to be and remain, as yet, unknown and undiscovered, all and every of which it may import the said colony, both in safety and policy of trade, to populate and plant, in regard whereof, as well for the preventing of peril, as for the better commodity and prosperity of the said colony, they have been humble suitors unto us, that we would be pleased to grant unto them * an enlargement of our said Preamble.
            and MS.

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100

ANCIENT CHARTERS.


   
former letters patents, as well for a more ample extent of their limits and territories into the seas, adjoining to and upon the coast of Virginia, as also for some other matters and articles, concerning the better government of the said company and colony, in which point our said former letters patents do not extend so far, as time and experience hat found to be needful and convenient: 1611-2.
March 12.
9th James 1st.
======
      3d Charter, &c.
      IV. We therefore, tendering the good and happy success of the said plantation, both in regard of the general weal of human society, as in respect of the good of our own estate and kingdoms, and being willing to give furtherance unto all good means, that may advance the benefit of the said company, and which may secure the safety of our loving subjects, planted in our said colony under the favour and protection of God Almighty, and of our royal power and authority, have therefore, of our especial grace, certain knowledge, and mere motion, given, granted, and confirmed, and for us, our heirs and successors, we do, by these presents, give, grant, and confirm, to the said treasurer and company of adventurers and planters of the city of London for the first colony in Virginia, and to their heirs and successors, of ever, all and singular those Islands whatsoever, situate and being in any part of the ocean seas bordering upon the coast of our said first colony in Virginia, and being within three hundred leagues of any the parts heretofore granted to the said treasurer and company, in our said former letters patents, as aforesaid, and being within or between the one and fortieth and thirieth degrees of northerly latitude, together with all and singular soils, lands, grounds, havens, ports, rivers, waters, fishings, mines, and minerals, as well royal mines of gold and silver, as other mines and minerals, pearls, precious stones, quarries, and all and singular other commodities, jurisdictions, royalties, privileges, franchises, and prehiminences, both within the said tract of land upon the main, and also within the said Islands and seas adjoining, whatsoever, and thereunto or thereabouts, both by sea and land, being or situate; and which, by our letters patents, we may or can grant, and in as ample manner and sort, as we, or any our noble progenitors, have heretofore granted to any person or persons, or to any company, body politick or corporate, or to any adventurer Extension of boundaries, so as to include all the islands lying within 3 hundred leagues of the continent.
      MS. wheel.                                    MS. companies.

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101

ANCIENT CHARTERS.


   
or adventurers, undertaker or undertakers, of any discoveries, plantations, or traffick, of, in or into any foreign parts, whatsoever, and in as large and ample manner, as if the same were herein particularly named, mentioned, and expressed: Provided always, that the said Islands, or any the premises herein mentioned, or by these presents intended or § meant to be granted, be not actually possessed or inhabited by any other Christian prince or estate, nor be within the bounds, limits, or territories of the northern colony, heretofore by us granted to be planted by divers of our loving subjects, in the north parts of Virginia. To have and to hold, possess and enjoy, * all and singular the said Islands, in the said Islands, in the said ocean seas so lying, and bordering upon the coast and coasts of the territories of the said first colony in Virginia, as aforesaid; with all and singular the said soils, lands, and grounds, and all and singular other the premises, heretofore by these presents granted, or mentioned to be granted, to them, the said treasurer and company of adventurers and planters of the city of London for the first colony in Virginia, and to their heirs, successors, and assigns, for ever, to the sole and proper use and behoof of them, the said treasurer and company, and their heirs, and successors, and assigns forever; to be holden of us, our heirs, and successors, as of our manor of East Greenwich, in fee and common soccage, and not in capite; yielding and paying therefore to us, our heirs, and successors, the fifth part of the ore of all gold and silver, which shall be there gotten, had or obtained, for all manner of services whatsoever. 1611-2.
March 12.
9th James 1st.
======
      3d Charter, &c.


      Habendum.











Tenure.
      V. And further, our will and pleasure is, and we do, by these presents, grant and confirm, for the good and welfare of the said plantation, and that posterity may hereafter know, who have adventure and not been sparing of their purses in such a noble and generous action for the general good of their country, and at the request, and with the consent, of the company aforesaid, that our trusty and well beloved § subjects, George, Lord Archbishop of Canterbury, Henry, Earl of Huntington, Edward, Earl of Bedford, Richard, of Clanrickard, &c. who since our said last letters parents are become adventurers and have joined themselves with the former adventurers and planters of the said company and society, shall from Additional adventurers admitted.
      § MS. mean.
      MS. first.
      * MS. and and singular.
      § MS. subject.
      MS. Treasurers.

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102

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henceforth, be reputed, deemed, and taken to be, and shall be brethren and free members of the company, and shall and may respectively, and according to the proportion and value of their several adventures, have, hold and enjoy all such interest, right, title, privileges, preheminencies, liberties, franchises, immunities, profits, and commodities, whatsoever, in as large, and ample, and beneficial manner, to all intents, constructions, and purposes, as any other adventurers, nominated and expressed in any our former letters patents, or any of them have or may have, by force and virtue of these presents, or any our former letters patents whatsoever. 1611-2.
March 12.
9th James 1st.
======
      3d Charter, &c.
      VI. And we are further pleased, and we do by these presents, grant and confirm, that Philip, Earl of Montgomery, William, Lord Paget, Sir John Starrington, Knt, &c. whom the said treasurer and company have, since the last letters patents, nominated and set down, as worthy and discreet persons, fit to serve us as counsellors, to be of our council for the said plantation, shall be reputed, deemed and taken as persons of our said council for the said first colony, in such manner and sort, to all intents and purposes, as those who have been formerly elected and nominated, as our counsellors for that colony, and whose names have been or are inserted and expressed, in our said former letters patents. Additional councillors.
      VII. And we do hereby ordain and grant, by these presents, that the said treasurer and company of adventurers and planters aforesaid, shall and may, once every week or oftener, at their pleasure, hold and keep a court and assembly, for the better order and government of the said plantation, and such things, as shall concern the same; and that any five persons of our council for the said first colony in Virginia, for the time being, of which company the treasurer, or his deputy, to be always one, and the number of fifteen others, at the least, of the generality of the said company, assembled together in such manner, as is and hath been heretofore used and accustomed, shall be said, taken, held, and reputed to be, and shall be a sufficient court of the said company, for the handling, and ordering, and dispatching of all such casual and particular occurrences, and accidental matters, of less consequence and weight, as shall from time to time, happen touching and concerning the said plantation: Courts or meetings of the treasurer and company, how constituted.

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      viii. And that nevertheless, for the handling, ordering, and disposing of matters and affairs of greater weight and importance, and such as shall or may, in any sort, concern the * weal publick and general good of the said company and plantation, as namely the manner of government from time to time to be used, the ordering and disposing of the lands and possessions, and the settling and establishing of a trade there, or such like, there shall be held and kept, every year, upon the last Wednesday, save one, of Hillary term, Easter, Trinity, and Michaelmas terms, for ever, one great, general, and solemn assembly, which four assemblies shall be stiled and called, The four Great and General Courts of the Council and company of Adventurers for Virginia; in all and every of which great and general courts, so assembled, our will and pleasure is, and we do, for us, our heirs, and successors, for ever, give and grant to the said treasurer and company and their successors, for ever, by these presents, that they the said treasurer and company, or the greater number of them, so assembled, shall and may have full power and authority, from time to time, and at all times hereafter, to elect and choose discreet persons, to be of our said council, for the said first colony in Virginia, and to nominate and appoint such officers, as they shall think fit and requisite, for the government, managing, ordering, and dispatching of the affairs of the said company, and shall likewise have full power and authority, to ordain and make such laws and ordinances, for the good and welfare of the said plantation, as to them, from time to time, shall be thought requisite and meet: so always, as the same be not contrary to the laws and statutes of this our realm of England; and shall, in like manner, have power and authority, to expulse, disfranchise, and put, out of and from their said company and society, for ever, all and every such person and persons, as having either promised, or subscribed their names, to become adventurers to the said plantation of the said first colony in Virginia, § or having been nominated for adventurers in these or any other our letters patents, or having been otherwise admitted and nominated to be of the said company, have nevertheless either not put in any adventure at all, for and towards the said plantation, or else have refused 1611-2.
March 12.
9th James 1st.
======
      3d Charter, &c.

4 great & general courts to be held yearly.









Their power.
      * MS. w, with a blank after it.
      MS. have and authority.
      MS. in and every.
      § MS. of.

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ANCIENT CHARTERS.


   
and neglected, or shall refuse and neglect, to bring in his or their adventure, by word or writing promised, within six months after the same shall be so payable and due.

      IX. And whereas the failing and not payment of such monies, as have been promised in adventure for the advancement of the said plantation, hath been often by experience found, to be dangerous and prejudicial to the same, and much to have hindered the progress and proceeding of the said plantation, and for that it seemeth unto us a thing reasonable, that such persons, as by their hand writing have engaged themselves for the payment of their adventures, and afterwards neglecting their faith and promise, should be compelled to make good and keep the same; and therefore our will and pleasure is, that in any suit or suits, commenced or to be commenced, in any of our courts at Westminster, or elsewhere, by the said treasurer and company, or otherwise, against any such persons, that our judges for the time being, both in our court of chancery, and at the common pleas, do favour and further the said suits, so far forth as law and equity will, in any wise, further and permit.
1611-2.
March 12.
9th James 1st.
======
      3d Charter, &c.

      The judges, at Westminster and elsewhere to favor suits for subscriptions.
      X. And we do, for us our heirs, and successors, further give and grant to the said treasurer and company, or their successors, for ever, that they, the said treasurer and company, or the greater of them, for the time being, so in a full and general court assembled, as aforesaid, shall and may, from time to time, and at all time for ever hereafter, elect, choose, and admit into their company and society, any person or persons, as well strangers * and aliens, born in any part beyond the seas w here soever, being in amity with us, as our natural leige subjects, born in any our realms, and dominions; and that all such persons, so elected, chosen and admitted to be of the said company, as aforesaid, shall thereupon be taken, reputed, and held, and shall be, free members of the said company, and shall have, hold, and enjoy, all and singular freedoms, liberties, franchises, privileges, immunities, benefits, profits and commodities, whatsoever, to the said company in any sort belonging or appertaining, as fully, freely, and amply, as any other adventurers, now being, or which hereafter at any time shall be of the said company, Treasurer and company may admit new adventurers.
      * MS. as.

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hath, have, shall, may, might, or ought to have and enjoy the same, to all intents and purposes whatsoever.

      XI. And we do further of our especial grace, certain knowledge, and mere motion, for us, our heirs, and successors, give and grant unto the said treasurer and company, and their successors, for ever, by these presents, that it shall be lawful and free, for them and their assigns, at all and every time and times hereafter, out of any our realms and dominions whatsoever, to take, lead, carry, and transport, in and into the said voyage, and for and towards the said plantation, of our said first colony in Virginia, all such and so many of our loving subjects, or any strangers, that will become our living subjects and live under our allegiance, as shall willingly accompany them in the said voyages and plantation; with shipping, armour, weapons, ordinance, munition, powder, shot, victuals, and all manner of merchandises and wares, and all manner of cloathing, implements, furniture, beasts cattle, horses, mares, and all other things necessary for the said plantation, and for their use and defence, and for trade with the people there, and in passing and returning to and from, without paying or yielding any subsidy, custom, or imposition, either inward or outward, or any other duty to us, our heirs, or successors, for the same, for the space of seven years from the date of these presents.
1611-2.
March 12.
9th James 1st.
======
      3d Charter, &c.

      May encourage migration.
      XII. And we do further, for us, our heirs, and successors, give and grant to the said treasurer and company, and their successors, for ever, by these presents, that the said treasurer of that company, or his deputy, for the time being, or any two other of the said council for the said first colony in Virginia, for the time being, or any two other at all times hereafter and from time to time, have full power and authority to minister and give the oath and oaths of supremacy and allegiance, or either of them, to all and every person and persons, which shall at any time or times hereafter go or pass to the said colony in Virginia: Who may administer the oaths of allegiance, &c.
      XIII. And further, that it shall be lawful likewise for the said treasurer, or his deputy, for the time being, or any two or others of our said council for the said first colony in Virginia, for the time being, from time to time, Certain other oaths may be administered.

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and at all times hereafter, to minister such a formal oath, as by their discretion shall be reasonably devised, as well unto any person or persons, employed in, for, or touching the said plantation, for their honest, faithful, and just discharge of their service, in all such matters, as shall be committed unto them for the good and benefit of the said company, colony, and plantation; as also, unto such other person or persons, as the said treasurer or his deputy, with two others of the said council, shall think meet, for the examination or clearing of the truth, in any cause whatsoever concerning the said plantation, or any business, from thence proceeding, or thereunto belonging. 1611-2.
March 12.
9th James 1st.
======
      3d Charter, &c.
      XIV. And furthermore, whereas we have been certified, that divers lewd and ill-disposed persons, both sailors soldiers, artificers, husbandmen, laborers, and others, having received wages, * apparel, and other entertainment, from the said company, or having contracted and agreed with the said company, to go, or to serve, or to be imployed in the said plantation of the said first colony n Virginia, at and upon the charge of the said company, and having there misbehaved themselves, by mutinies, sedition, or other notorious misdemeanors, or having been employed or sent abroad, by the governor of Virginia or his deputy, with some ship or pinnace, for our provision of the said colony, or for some discovery, or other business and affairs, concerning the same, have from thence most treacherously, either come back again and returned unto our realm of England, by stealth or without licence of our governor of our said colony in Virginia for the time being, or have been sent hither, as misdoers and offenders; and that many also of those persons, after their return from thence, having been questioned by our said council here, for such their misbehaviors and offences, by their insolent and contemptuous carriage in the presence of our said council, have shewed little respect and reverence, either to the place, or authority, in which we have placed and appointed them; and others, for the colouring of their lewdness and misdemeanors Recital of desertions from the company, & of misrepresentations respecting it.
      MS. appell an other.

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committed in Virginia, have endeavored, by most vile and slanderous reports, made and divulged, as well of the country of Virginia, as also of the government and estate of the said plantation and colony, as much as in them lay, to bring the said voyage and plantation into disgrace and contempt; by means whereof, not only the adventurers and planters, already engaged in the said plantation, have been exceedingly abused and hindered, and a great number of other our loving and well disposed subjects, otherwise well affected, and enclined to join and adventure in so noble, christian, and worthy an action, have been discouraged from the same, but also the utter overthrow and ruin of the said enterprise hath been greatly endangered, which cannot miscarry without some dishonour to us and our kingdom; 1611-2.
March 12.
9th James 1st.
======
      3d Charter, &c.
      XV. Now forasmuch as it appeareth unto us, that these insolences, misdemeanors, and abuses, not to be tolerated in any civil government, have, for the most part, grown and proceeded, in regard our said council have not any direct power and authority, by any express words in our former letters patents, to correct and chastise such offenders; we therefore, for the more speedy reformation of so great and enormous abuses and misdemeanors, heretofore practised and committed, and for the preventing of the like hereafter, do, by these presents, for us, our heirs, and successors, give and grant to the said treasurer and company, and their successors, for ever, that it shall and may be lawful for our said council for the said first colony in Virginia, or any two of them (whereof the said treasurer, or his deputy, for the time being, to be always one) by warrant under their hands, to send for, or to cause to be apprehended, all and every such person, and persons, who shall be noted, or accused, or found, at any time or times hereafter, to offend, or misbehave themselves, in any the offences before mentioned and expressed; and upon the examination of any such offender or offenders, and just proof made by oath, taken before the said council, of any such notorious misdemeanors by them committed, as aforesaid; and also upon any insolent and contemptuous, or indecent carriage, and misbehaviour, to or against our said council, shewed or used by any such person or persons, so called, convented, and appearing before htm, as aforesaid; that in all such cases, they, our said council, or any two of them, for the time being, shall and may have full power and authority,


Offenders in the above cases, how apprehended and punished.

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<
   
either here to bind them over with good sureties for their good behaviour, and further therein to proceed, to all intents and purposes, as it is used, in other like cases, within our realm of England; or else, at their discretion to remand and send them back, the said offenders, or any of them, unto the said colony in Virginia, there to be proceeded against and punished, as the governor, deputy, or council there, for the time being, shall think meet; or otherwise according to such laws and ordinances as are and shall be in use there, for the well ordering and good government of the said colony. 1611-2.
March 12.
9th James 1st.
======
      3d Charter, &c. /font>
      XVI. And for the more effectual advancing of the said plantation, we do further, for us, our heirs, and successors, of our especial grace and favor, by virtue of our prerogative royal, and by the assent and consent of the Lords and others of our privy council, give and grant unto the said treasurer and company, full power and authority, free leave, liberty, and licence, to set forth, erect, and publish, one or more lottery or lotteries, to have continuance, and to endure and be held, for the space of our whole year, next after the opening of the same; and after the end and expiration of the said term, the said lottery or lotteries to continue and be further kept, during our will and pleasure only, and not otherwise. And yet nevertheless, we are contented and pleased for the good and welfare of the said plantation, that the said treasurer and company shall, for the dispatch and finishing of the said lottery or lotteries, have six months warning after the said year ended, before our will and pleasure shall, for and on that behalf, be construed, deemed, and adjudged, to be in any wise altered and determined. Lotteries authorised for the benefit of the colony.
      XVII. And our further will and pleasure is, that the said lottery and lotteries shall and may be opened and held, within our city of London, or in any other city or town, or elsewhere, within this our realm of England, with such prizes, articles, conditions, and limitations, as to them, the said treasurer and company, as their discretion shall seem convenient:       Where opened.
      XVIII. And that it shall and may be lawful, to and for the said treasurer and company, to elect and choose receivers, auditors, surveyors, commissioners, or any other officers, whatsoever, at their will and pleasure, for the better marshalling, disposing, guiding, and governing of Treasurer and company may appoint officers to conduct

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the said lottery and lotteries; and that it shall likewise be lawful, to and for the said treasurer and any two of the said council, to minister to all and every such person so elected and chosen for officers, as aforesaid, one or more oaths, for their good behaviour, just and true dealing, in and about the said lottery or lotteries, to the intent and purpose, that none of our loving subjects, putting, in their names, or otherwise adventuring in the said general lottery or lotteries, may be, in any wise defrauded an deceived of their said monies, or evil and indirectly dealt withal in their said adventures. 1611-2.
March 12.
9th James 1st.
======
the lotteries, and administer oaths to them.
      XIX. And we further grant in manner and form aforesaid, that it shall and may be lawful, to and for the said council for the plantation, to publish, or to cause and procure to be published, by proclamation or otherwise (the said proclamation, to be made in their name, by virtue of these presents) the said lottery or lotteries in all cities, towns, boroughs,                               and other places within our said realm of England; and we will and command all mayors, justices of peace, sheriffs, bailiffs, constables, and other officers and loving subjects, whatsoever, that in no wise, they hinder or delay the progress and proceedings of the said lottery or lotteries, but be therein touching the premises, aiding and assisting, by all honest good and lawful means and endeavors. May publish the schemes of their lotteries.
      XX. And further our will and pleasure is, that in all questions, and doubts, that shall arise upon any difficulty of construction or interpretation of any thing contained in these, or any other our former letters patents, the same shall be taken and interpreted, in most ample and beneficial manner for the said treasurer and company, and their successors, for ever, and every member thereof. Construction of charters.
      XXI. And lastly, we do by these presents, ratify and confirm unto the said treasurer and company, and their successors, for ever, all and all manner of privileges, franchises, liberties, immunities, preheminences, profits and commodities, whatsoever, granted unto them in any our former letters patents, and not in these presents revoked, altered, changed, or abridged, although express mention of the true yearly value or certainty of the premises, or any of them, or of any other gift or grant by us Former privileges confirmed.
      MS. mayor.                                          MS. or.

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or any of our progenitors or predecessors, to the aforesaid treasurer and company heretofore made, in these presents is not made; or any statue, act, ordinance, provision, proclamation, or restraint, to the contrary thereof heretofore made, ordained, or provided, or any other matter, cause, or thing, whatsoever, to the contrary, in any wide, notwithstanding. 1611-2.
March 12.
9th James 1st.
======
      3d Charter, &c.
      In witness where of we have caused these our letters to be made patents, Witness ourself, at Westminster, the twelfth day of March in the ninth year of our reign of England, France, and Ireland, and of Scotland te five and fortieth.
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Pages 57-79 ======   ======Pages 110-136