THE FIRST CHARTER OF JAMES I.

PART I.

of the First

1606.

subjects.

nies and plantations, not being of the same colony, until Creation such time, as they, being of any realms or dominions and Secunder our obedience, shall pay or agree to pay, to the ond Colony of Virhands of the Treasurer of that Colony, within whose ginia, limits and precincts they shall so traffick, two and a half April 10, upon every hundred, of any thing so by them trafficked, Duties on bought, or sold: And being strangers and not subjects British under our obeysance, until they shall pay five upon every hundred, of such wares and merchandises, as they On stranshall traffick, buy, or sell, within the precincts of the gers. said several Colonies, wherein they shall so traffick, buy, Duties to or sell, as aforesaid: Which sums of money, or benefit the Coloas aforesaid, for and during the space of one and twen-nies for 21 years, and ty years, next ensuing the date hereof, shall be wholly then to the employed to the use, benefit, and behoof of the said Crown. several plantations, where such traffick shall be made; and after the said one and twenty years ended, the same shall be taken to the use of us, our heirs, and successors, by such officers and ministers, as by us, our heirs and successors, shall be thereunto assigned or appointed.

the use of

XIV. And we do further, by these presents, for us, our heirs, and successors, give and grant unto the said Sir Thomas Gates etc., and to their associates of the said First Colony and plantation; and to the said Thomas Hanham etc., and their associates of the said Second Colony and plantation, that they, and every of them, by their deputies, ministers, and factors, may transport the goods, chattels, armour, munition, and Certain furniture, needful to be used by them, for their said articles exempt from apparel, food, defence, or otherwise in respect of the duties. said plantations, out of the realms of England and Ireland, and all other our dominions, from time to time, for and during the time of seven years, next ensuing the date hereof, for the better relief of the said several colonies and plantations, without any custom, subsidy, or other duty, unto us, our heirs, or successors, to be yielded or paid for the same.

PART I.

Creation

1606.

VIRGINIA,

XV. Also we do, for us, our heirs, and successors, of the First declare, by these presents, that all, and every the perond Colo- sons, being our subjects, which shall dwell and inhabit ny of Virginia, within every or any of the said several Colonies, and April 10, plantations, and every of their children, which shall happen to be born within any of the limits and precincts of the said several colonies and plantations, shall have and enjoy all liberties, franchises, and immunities, have all the within any of our dominions, to all intents and purposes, of British as if they had been abiding and born, within this our subjects. realm of England, or any other of our said Dominions.

Inhabit

ants and

their children to

privileges

Penal reon trade.

strictions

XVI. Moreover, our gracious will and pleasure is, and we do, by these presents, for us, our heirs, and successors, declare and set forth, that if any person or persons, which shall be of any of the said colonies and plantations, or any other, which shall traffick to the said colonies and plantations, or any of them, shall at any time or times hereafter, transport any wares, merchandises, or commodities, out of any of our dominions, with a pretence to land, sell, or otherwise dispose of the same, within any the limits and precincts of any the said Colonies and plantations, and yet nevertheless, being at sea, or after he hath landed the same within any of the said Colonies and plantations, shall carry the same into any foreign country, with a purpose there to sell or dispose of the same, without the licence of us, our heirs, and successors, in that behalf first had and obtained; that then, all the goods and chattels of such person or persons, so offending and transporting, together with the said ship or vessel, wherein such transportation was made, shall be forfeited to us, our heirs, and successors.

XVII. Provided always, and our will and pleasure Proviso is, and we do hereby declare to all Christian Kings, against Robberies Princes, and States, that if any person or persons, which and Pira- shall hereafter be of any of the said several Colonies and plantations, or any other, by his, their or any of their licence and appointment, shall, at any time or

THE FIRST CHARTER OF JAMES I.

PART I.

the First

ny of Vir

1606,

times hereafter, rob or spoil, by sea or by land, or do Creation of any act of unjust and unlawful hostility, to any the and Seet subjects of us, our heirs or successors; or any the sub-ond Colojects of any King, Prince, Ruler, Governor, or State, ginia, being then in league and amity with us, our heirs, or April 10, successors; and that upon such injury, or upon just complaint of such Prince, Ruler, Governor, or State, or their subjects, we, our heirs, or successors, shall make open proclamation, within any of the ports of our Realm of England, commodious for that purpose, that the person or persons, having committed any such robbery or spoil, shall, within the term to be limited by such proclamation, make full restitution or satisfaction of all such injuries done; so as the said Princes, or others so complaining, may hold themselves fully satisfied and contented; and that, if the said person or persons, having committed such robbery or spoil, shall not make, or cause to be made, satisfaction accordingly, within such time so to be limited, that then it shall be lawful to us, our heirs, and successors, to put the said person or persons having committed such robbery or spoil, and their procurers, abetters, or comforters, out of our allegiance and protection; and that it shall be lawful and free for all Princes, and others, to pursue with hostility the said offenders, and every of them, and their and every of their procurers, aiders, abetters, and comforters, in that behalf.

XVIII. And finally, we do, for us, our heirs, and successors, grant and agree, to and with the said Sir Lands how Thomas Gates etc., and all others of the said First Col- to be granted ony, that we, our heirs and successors, upon petition and held in that behalf to be made, shall, by letters patent under First Colothe great seal of England, give and grant unto such my. persons, their heirs, and assigns, as the Council of that Colony, or the most part of them, shall, for that purpose nominate and assign, all the lands, tenements, and hereditaments which shall be within the precincts limited for that Colony, as is aforesaid, to be holden of us,

PART I.

Creation

VIRGINIA,

our heirs, and successors, as of our Manor of EastFirst and Greenwich, in the County of Kent, in free and com

of the

Second Colony of Virginia, April 10,

1606.

to be con

mon soccage only, and not in capite.

XIX. And do, in like manner, grant and agree for us, our heirs, and successors, to and with the said Thomas Hanham etc., and all others of the said Second Colony, that we, our heirs and successors, upon petition in that behalf to be made, shall, by letters patent, under the great seal of England, give and grant unto such

persons, their heirs, and assigns, as the Council of that

Lands how Colony, or the most part of them, shall, for that purveyed and pose, nominate and assign, all the lands, tenements, held in the and hereditaments, which shall be within the precincts Second Colony.

limited for that Colony, as is aforesaid, to be holden of us, our heirs, and successors, as of our Manor of EastGreenwich in the County of Kent, in free and common soccage only, and not in capite.

XX. All which lands, tenements, and hereditaments, so to be passed by the said several letters patent, shall be sufficient assurance from the said Patentees, so distributed and divided amongst the undertakers for the plantation of the said several Colonies, and such as

shall make their plantations in either of the said several Lands con- Colonies, in such manner and form, and for such estates, veyed by as shall be ordered and set down by the Council of the assured to said Colony or the most part of them, respectively, within which the same lands, tenements, and hereditaments shall lye or be; 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 Sir Thomas Gates, knight, Sir George Somers, knight; Richard Hackluit, Edward-Maria Wingfield, Thomas Hanham, Raleigh Gilbert, William Parker, and George Popham, or any of them, heretofore made, in these presents, is not made; or any statute, act, ordinance, or provision, proclamation, or restraint, to the contrary hereof had, made, ordained; or any other thing, cause

THE FIRST CHARTER OF JAMES I.

PART I.

the First

or matter whatsoever, in any wise notwithstanding. Creation of In witness whereof, we have caused these our letters and Secto be made patents; witness ourself at Westminster, ond Colothe tenth day of April in the fourth year of the Reign ginia, of England, France, and Ireland, and of Scotland the April 10, nine-and-thirtieth.

ny of Vir

1606.

LUKIN.

Per breve de priviato Sigillo.*

These letters Patent were followed in November of *1, Henning's Statthe same year by a series of "Articles, Instructions, and utes, 57. Orders, made, set 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 thirty-four and fortyfive degrees from the æquinoctial line.

Charter.

WHEREAS WE, by our letters patents, under our great Recital of seal of England, bearing date at Westminster, the tenth day of April in the year of our raigne of England, France, and Ireland, the fourth, and of Scotland the thirty-ninth, have given licence to sundry our loving subjects named in the said letters pattents and to their associates, to deduce and conduct two several Colonies or Plantations of sundry our loving people willing to abide and inhabit in certain parts of Virginia and America, with divers pre-heminences, privileges, authorities and other things, as in and by the same letters pattents more particularly it appeareth, we according to the effect and true meaning of the same letters pattents, do by these presents, signed with our hand, sign manuel and sealed with our Privy seal of our Realm of England, establish and ordaine, that our trusty and well beloved Sir William Wade, knight; our Lieutenant of our Tower of London; Sir Thomas Smith, knight; Sir