The Three Charters of the Virginia Company of London. With Seven Related Documents; 1606-1621. Virginia 350th Anniversary Celebration Corporation
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.]
P. R. O. Chancery Patent Rolls (c. 66), 1709; Stith, Appendix, pp. 1-8; Hening's Statutes, Vol. I, pp. 57-66.
ARTICLES, INSTRUCTIONS AND ORDERS
Articles, instructions and orders made, sett down and established by us the twentieth day of November, in the year of our raigne of England, France and Ireland the fourth and of Scotland the fortieth, for the good order and government of the two several Colonies and plantations to be made by our loving subjects in the country commonly called Virginia and America, between 34 and 45 degrees from the aequinoctial line.
Wheras wee, by our letters pattents under our Great Seale of England bearing date att Westminster the tenth day of Aprill in the year of our raigne of England, France and Ireland the fourth and of Scotland the 39th, have given lycence to sundry our loving subjects named in the said letters pattents, and to their associates, to deduce and conduct two several Collonies or plantations of sundry our loving people willing to abide and inhabit in certaine parts of Virginia and America, with divers preheminences, priviledges, authorities and other things, as in and by the same letters pattents more particularly it appeareth; wee, according to the effect and true meaning of the same letters pattents, doe by these presents, signed with our hand, signe manuel and sealed with our Privy Seale of our realme of England, establish and ordaine that our trusty and welbeloved Sir William Wade, Knight, our Lieutanant of our Tower of London; Sir Thomas Smith, Knight; Sir Walter Cope, Knight; Sir George Moor, Knight; Sir Francis Popeham, Knight; Sir Ferdinando Gorges, Knight; Sir John Trevor, Knight; Sir Henry Montague, Knight, Recorder of the citty of London; Sir William Rumney, Knight; John Dodderidge, Esq., Solliciter General; Thomas la Warr, Esq.; John Eldred, of the citty of London, merchant; Thomas James, of the citty of Bristol, merchant; and James Bagge, of Plymouth, in the county of Devonshire, merchant; shall be our Councel for all matters which shall happen in Virginia or any the territories of America between 34 and 45 degrees from the aequinoctial line northward and the islands to the several Collonies limitted and assigned; and that they shal be called the King's Councel of Virginia, which Councel or the most part of them shal have full power and authority att our pleasure, in our name and under us, our heires and successors, to give directions to the Councels of the several Colonies which shal be within any part of the said country of Virginia and America within the degrees first above mentioned, with the islands aforesaid, for the good government of the people to be planted in those parts and for the good ordering and disposing of all causes happening within the same (and the same to be done for the substance thereof as neer to the common lawes of England and the equity thereof as may be) and to passe under our scale app[ointed]3 for that Councel, which Councel and every or any of them shall from time to [time] be increased, altered or changed and others put in their places att the [nomi]nation of us, our heires and successors and att our and their will and plea[sure]; and the same Councel of Virginia or the more part of them, for the time bei[ng], shall nominate and appoint the first several Councellours of those several Councells which are to be appointed for those two several Colonies whi[ch are] to be made plantations in Virginia and America between the degrees [before] mentioned, according to our said letters pattents in that behalfe made; and that each of the same Councels of the same several Colonies shal, by the major part of them, choose one of the same Councel, not being the minister of God's word, to be President of the same Councel and to continue in that office by the space of one whole year, unlesse he shall in the mean time dye or be removed from that office; and wee doe further hereby establish & ordaine that it shal be lawful for the major part of either of the said Councells, upon any just cause, either absence or otherwise, to remove the President or any other of that Councel from being either President or any of that Councel, and upon the deathes or removal of any of the Presidents or Councel it shal be lawfull for the major part of that Councel to elect another in the place of the party soe dying or removed, soo alwaies as they shal not be above thirteen of either of the said Councellours; and wee doe establish & ordaine that the President shal not continue in his office of Presidentship above the space of one year; and wee doe especially ordaine, charge and require the said Presidents and Councells and the ministers of the said several Colonies respectively, within their several limits and precincts, that they with all diligence, care and respect doe provide that the true word and service of God and Christian faith be preached, planted and used, not only within every of the said several Colonies and plantations but alsoe as much as they may amongst the salvage people which doe or shall adjoine unto them or border upon them, according to the doctrine, rights and religion now professed
3
The following words or letters missing from the manuscript have been supplied from the text in Hening.]