James, by the grace of God [King of England, Scotland, France and
Ireland, Defender of the Faith;] to all to whom [these pres-ents shall
come,] greeting. Whereas at the humble suite of divers and sundry our
lovinge subjects, aswell adventurers as planters of the First Colonie in
Virginia, and for the propagacion of Christian religion and reclayminge
of people barbarous to civilitie and humanitie, we have by our lettres
patent bearing date at Westminster the three and twentieth daie of May
in the seaventh yeare of our raigne of England, Frannce and Ireland, and
the twoe and fortieth of Scotland, given and grannted unto them, that
they and all suche and soe manie of our loving subjects as shold from
time to time for ever after be joyned with them as planters or
adventurers in the said plantacion, and their succes-sors for ever,
shold be one body politique incorporated by the name of The Treasorer
and Planters of the Cittie of London for the First Colonie in Virginia;
And whereas allsoe for the greater good and benefitt of the said
Companie and for the better furnishing and establishing of the said
plantacion we did further [give], grannte and con-firme by our said
lettres patent unto the said Treasorer and Com-panie and their
successors for ever, all those landes, contries and territories
scituate, lyeing and being in that part of America called Virginia, from
the point of land called Cape [or] Pointe Comfort all along the seacoste
to the northward twoe hundred miles, and from the said point of Cape
Comfort all along the seacoste to the sowthward twoe hundred miles, and
all the space and circuit of land lying from the sea coste of the
precinct afore-said up or into the land throughout from sea to sea, west
and northwest, and allso all the islandes lying within one hundred miles
along the coast of both the seas of the precinct aforsaid, with diverse
other grannts, liberties, franchises, preheminences, privileges,
profiitts, benefitts, and commodities, grannted in and by our said
lettres patent to the said Tresorer and Companie, and their successors,
for ever:
Now for asmuchas we are given to undestande that in these seas adjoyning
to the said coast of Virginia and without the com- passe of those twoe
hundred miles by us soe grannted unto the said Treasurer and Companie as
aforesaid, and yet not farr dis- tant from the said Colony in Virginia,
there are or may be divers islandes lying desolate and uninhabited, some
of which are al- ready made knowne and discovered by the industry,
travell, and expences of the said Company, and others allsoe are
sup-posed to be and remaine as yet unknowen and undiscovered, all and
every of which itt maie importe the said Colony both in safety and
pollecy of trade to populate and plant, in regard where of, aswell for
the preventing of perill as for the better comodity and prosperity of
the said Colony, they have bin hum-ble suitors unto us that we wold be
pleased to grannt unto them an inlardgement of our said former lettres
patent, aswell for a more ample extent of their limitts and territories
into the seas adjoyning to and uppon the coast of Virginia as allsoe for
some other matters and articles concerning the better government of the
said Company and Collony, in which point our said former lettres patents
doe not extende soe farre as time and experience hath found to be
needfull and convenient:
We, therefore, tendring the good and happy successe of the said
plantacion both in respect of the generall weale of humane society as in
respect of the good of our owne estate and kinge- domes, and being
willing to give furtherannt untoall good meanes that may advannce the
benefitt of the said Company and which maie secure the safety of our
loving subjects, planted in our said Colony under the favour and
proteccion of God Almighty and of our royall power and authority, have
therefore of our especiall grace, certein knowledge and mere mocion,
given, grannted and confirmed, and for us, our heires and successors we
doe by theis presents, give, grannt and confirme unto the said Treasurer
and Company of Adventurers and Planters of the said Citty of London for
the First Colony in Virginia, and to their heires and successors for
ever, all and singuler the said iselandes [whatsoever] scituat and being
in anie part of the said ocean bordering upon the coast of our said
First Colony in Vir-ginia and being within three hundred leagues of anie
the partes hertofore grannted to the said Treasorer and Company in our
said former lettres patents as aforesaid, and being within or be-tweene
the one and fortie and thirty degrees of Northerly lati-tude, together
with all and singuler [soils] landes, groundes, havens, ports, rivers,
waters, fishinges, mines and mineralls, as-well royal mines of gold and
silver as other mines and mineralls, perles, precious stones, quarries,
and all and singuler other com- modities, jurisdiccions, royalties,
priviledges, franchises and pre-heminences, both within the said tract
of lande uppon the maine and allso within the said iselandes and seas
adjoyning, whatso-ever, and thereunto or there abouts both by sea and
land being or scituat; and which, by our lettres patents, we maie or
cann grannt and in as ample manner and sort as we or anie our noble
progenitors have heretofore grannted to anie person or persons or to
anie Companie, bodie politique or corporate or to any ad-venturer or
adventurers, undertaker or undertakers of anie dis-coveries, plantacions
or traffique, of, in, or into anie foreigne parts whatsoever, and in as
lardge and ample manner as if the same were herein particularly named,
mencioned and expressed: pro-vided allwaies that the said iselandes or
anie the premisses herein mencioned and by theis presents intended and
meant to be grannted be not already actually possessed or inhabited by
anie other Christian prince or estate, nor be within the bounds, limitts
or territories of the Northerne Colonie, hertofore by us grannted to be
planted by divers of our loving subjects in the northpartes of Virginia.
To have and to hold, possesse and injoie all and singuler the said
iselandes in the said ocean seas soe lying and bordering uppon the coast
or coasts of the territories of the said First Colony in Virginia as
aforesaid, with all and singuler the said soiles, landes and groundes
and all and singular other the premisses heretofore by theis presents
grannted, or mencioned to be grannted, to them, the said Treasurer and
Companie of Adventurers and Planters of the Cittie of London for the
First Colonie in Virginia, and to their heires, successors and assignes
for ever, to the sole and proper use and behoofe of them, the said
Treasurer and Companie and their heires, successores and as-signes for
ever; to be holden of us, our heires and successors as of our mannor of
Eastgreenwich, in free and common soccage and not in capite, yealding
and paying therefore, to us, our heires and successors, the fifte part
of the oare of all gold and silver which shalbe there gotten, had or
obteined for all manner of services, whatsoever.
And further our will and pleasure is, and we doe by theis presents
grannt and confirme for the good and welfare of the said plantacion, and
that posterity maie hereafter knowe whoe have adventured and not bin
sparing of their purses in such a noble and generous accion for the
generall good of theire cuntrie, and at the request and with the consent
of the Companie afore said, that our trusty and welbeloved subjects.
[list of names]
whoe since our said last lettres patent are become adventurers and have
joined themselves with the former adventurers and planters of the said
Companie and societie, shall from hence-forth be reputed, deemed and
taken to be and shalbe brethren and free members of the Companie and
shall and maie, respect-ively, and according to the proportion and value
of their severall adventures, have, hold and enjoie all suche interest,
right, title, priviledges, preheminences, liberties, franchises,
immunities, profitts and commodities whatsoever in as lardge, ample and
beneficiall manner to all intents, construccions and purposes as anie
other adventures nominated and expressed in anie our former lettres
patent, or anie of them have or maie have by force and vertue of theis
presents, or anie our former lettres patent whatsoever.
And we are further pleased and we doe by theis presents grannt and
confirm that
[list of names]
whome the said Treasurer and Companie have, since the said [last]
lettres patent, nominated and sett downe as worthy and discreete persons
fitt to serve us as Counsellors, to be of our Counsell for the said
plantacion, shalbe reputed, deemed and taken as persons of our said
Councell for the said First Colonie in such manner and sort to all
intents and purposes as those whoe have bin formerly ellected and
nominated as our Coun-sellors for that Colonie and whose names have bin
or are incerted and expressed in our said former lettres patent.
And we doe hereby ordaine and grannt by theis presents that the said
Treasurer and Companie of Adventurers and Planters, aforesaid, shall and
maie, once everie weeke or oftener at their pleasure, hold and keepe a
court and assembly for the better ordening [ordering] and government of
the said plantacion and such thinges as shall concerne the same; and
that anie five per- sons of the said Counsell for the said First
Collonie in Virginia, for the time being, of which Companie the
Treasurer or his deputie allwaies to be one, and the nomber of fifteene
others at the least of the generality of the said Companie assembled
together in such court or assembly in such manner as is and hath bin
heretofore used and accustomed, shalbe said, taken, held and reputed to
be and shalbe a full and sufficient court of the said Companie for the
handling, ordring and dispatching of all such casuall and particuler
occurrences and accidentall mat-ters of lesse consequence and waight, as
shall from time to time happen, touching and concerning the said
plantacion.
And that, nevertheles, for the handling, ordring and disposing of
matters and affaires of great waight and importance and such as shall or
maie in anie sort concerne the weale publike and generall good of the
said Companie and plantacion as namely, the manner of government from
time to time to be used, the ordring and disposing of the said
possessions and the setling and establish-ing of a trade there, or such
like, there shalbe held and kept everie yeare uppon the last Wednesdaie
save one of Hillary, Easter, Trinity and Michaelmas termes, for ever,
one great, generall and solemne assembly, which fower severall
assemblies shalbe stiled and called The Fower Great and Generall Courts
of the Counsell and Companie of Adventurers for Virginia; in all and
every of which said great and generall Courts soe assem-bled our will
and pleasure is and we doe, for us, our heires and successors forever,
give and grannt to the said Treasurer and Companie and their successors
for ever by theis presents, that they, the said Treasurer and Companie
or the greater nomber of them soe assembled, shall and maie have full
power and authoritie from time to time and att all times hereafter to
ellect and choose discreet persons to be of our [said] Counsell for the
said First Colonie in Virginia and to nominate and appoint such officers
as theie shall thinke fitt and requisit for the government, managing,
ordring and dispatching of the affaires of the said Companie; and shall
likewise have full power and authority to ordaine and make such lawes
and ordinances for the good and wellfare of the said plantacion as to
them from time to time shalbe thought requisite and meete: soe allwaies
as the same be not contrary to the lawes and statutes of this our realme
of England; and shall in like manner have power and authority to
expulse, disfranchise and putt out of and from their said Companie and
societie for ever all and everie such person and persons as having
either promised or subscribed their names to become adventurers to the
said plantacion of the said First Colonie in Virginia, or having bin
nominated for adventurers in theis or anie our lettres patent or having
bin otherwise admitted and nominated to be of the said Companie, have
nevertheles either not putt in anie adventure [at] all for and towards
the said plantacion or els have refused and neglected, or shall refuse
and neglect, to bringe in his or their adventure by word or writing
promised within sixe monthes after the same shalbe soe payable and due.
And wheras the failing and nonpaiment of such monies as have bin
promised in adventure for the advanncement of the said plantacion hath
bin often by experience found to be dann-gerous and prejudiciall to the
same and much to have hindred the progresse and proceeding of the said
plantacion; and for that itt seemeth to us a thing reasonable that such
persons as by their handwriting have engaged themselves for the payment
of their adventures, and afterwards neglecting their faith and promise,
shold be compellable to make good and kepe the same; therefore our will
and pleasure is that in anie suite or suites comenced or to be comenced
in anie of our courts att Westminster, or els- where, by the said
Treasurer and Companie or otherwise against anie such persons, that our
judges for the time being both in our Court of Channcerie and at the
common lawe doe favour and further the said suits soe farre forth as law
and equitie will in anie wise suffer and permitt.
And we doe, for us, our heires and successors, further give and grannt
to the said Tresorer and Companie, and their successors for ever, that
theie, the said Tresorer and Companie or the greater part of them for
the time being, so in a full and generall court assembled as aforesaid
shall and maie, from time to time and att all times hereafter, for ever,
ellect, choose and permitt into their Company and society anie person or
persons, as well straungers and aliens borne in anie part beyond the
seas where-soever, being in amity with us, as our naturall liedge
subjects borne in anie our realmes and dominions; and that all such
per-sons soe elected, chosen and admitted to be of the said Companie as
aforesaid shall thereuppon be taken, reputed and held and shalbe free
members of the said Companie and shall have, hold and enjoie all and
singuler freedoms, liberties, franchises, privi-ledges, immunities,
benefitts, profitts and commodities, whatso-ever, to the said Companie
in anie sort belonging or apperteining as fully, freely [and] amplie as
anie other adventurer or ad-venturers now being, or which hereafter att
anie time shalbe, of the said Companie, hath, have, shall, maie, might
or ought to have or enjoy the same to all intents and purposes
whatsoever.
And we doe further of our speciall grace, certaine knowledge and mere
mocion, for us, our heires and successors, give and grantt to the said
Tresorer and Companie and their successors, for ever by theis present,
that itt shalbe lawfull and free for them and their assignes att all and
everie time and times here- after, out of anie our realmes and dominions
whatsoever, to take, lead, carry and transport in and into the said
voyage and for and towards the said plantacion of our said First
Collonie in Virginia, all such and soe manie of our loving subjects or
anie other straungers that will become our loving subjects and live
under our allegiance as shall willingly accompanie them in the said
voyage and plantacion; with shipping, armour, weapons, ordinannce,
munition, powder, shott, victualls, and all manner of merchandizes and
wares, and all manner of clothing, imple-ment, furniture, beasts,
cattell, horses, mares, and all other thinges necessarie for the said
plantacion and for their use and defence, and for trade with the people
there and in passing and retourning to and froe, without paying or
yealding anie subsedie, custome or imposicion, either inward or outward,
or anie other dutie to us, our heires or successors, for the same, for
the space of seven yeares from the date of theis present.
And we doe further, for us, our heires and successors, give and grannt
to the said Treasurer and Companie and their suc-cessors for ever, by
theis present, that the said Treasurer of the said Companie, or his
deputie for the time being or anie twoe others of our said Counsell for
the said First Colonie in Virginia for the time being, shall and maie
attall times hereafter and from time to time, have full power and
authoritie to minister and give the oath and oathes of supremacie and
allegiannce, or either of them, to all and every person and persons
which shall, at anie time and times hereafter, goe or passe to the said
Colonie in Virginia:
And further, that itt shalbe likewise lawfull for the said Tresorer, or
his deputy for the time, or anie twoe others of our said Counsell for
the said First Colonie in Virginia, for the time being, from time to
time and att all times hereafter, to minister such a formall oathe as by
their discrescion shalbe reasonably devised, aswell unto anie person or
persons imployed or to be imployed in, for, or touching the said
plantacion for their honest, faithfull and just dischardge of their
service in all such matters as shalbe committed unto them for the good
and benefitt of the said Company, Colonie and plantacion; as alsoe unto
such other person or persons as the said Treasurer or his deputie, with
twoe others of the said Counsell, shall thinke meete for the
examina-cion or clearing of the truith in anie cause whatsoever
con-cerninge the said plantacion or anie business from thence proceeding
or there unto proceeding or thereunto belonging.
And, furthermore, whereas we have ben certefied that diverse lewde and
ill disposed persons, both sailors, souldiers, artificers, husbandmen,
laborers, and others, having received wages, ap-parrell or other
entertainment from the said Company or having contracted and agreed with
the said Companie to goe, to serve, or to be imployed in the said
plantacion of the said First Colonie in Virginia, have afterwards either
withdrawen, hid or concealed themselves, or have refused to goe thither
after they have bin soe entertained and agreed withall; and that divers
and sundry persons allso which have bin sent and imployed in the said
plantacion of the said First Colonie in Virginia at and upon the chardge
of the said Companie, and having there misbehaved themselves by
mutinies, sedition, and other notorious misdemeanors, or having bin
employed or sent abroad by the governor of Virginia or his deputie with
some ship or pinnace for provi-sions for the said Colonie, or for some
discoverie or other buisines and affaires concerning the same, have from
thence most trecherouslie either come back againe and retorned into our
realme of England by stelth or without licence of our Gov-ernor of our
said Colonie in Virginia for the time being, or have bin sent hither as
misdoers and offenders; and that manie allsoe of those persons after
their retourne from thence, having bin questioned by our said Counsell
here for such their misbehaviors and offences, by their insolent and
contemptuous carriage in the presence of our said Counsaile, have shewed
little respect and reverence, either to the place or authoritie in which
we have placed and appointed them; and others, for the colouring of
their lewdnes and misdemeanors committed in Virginia, have endeavored
them by most vile and slanndrous reports made and divulged, aswell of
the cuntrie of Virginia as alsoe of the government and estate of the
said plantacion and Colonie, as much as in them laie, to bring the said
voyage and plantacion into disgrace and contempt; by meanes where of not
only the adventures and planters alreadie ingaged in the said plantacion
have bin exceedingly abused and hindred, and a greate nomber of other
our loving and welldisposed subjects otherwise well affected and
inclyning to joine and adventure insoe noble, Christian and worthie an
action have bin discouraged from the same, but allsoe the utter
overthrow and ruine of the said enterprise hath bin greatlie indanngered
which cannott miscarrie without some dishonor to us and our kingdome;
Now, for asmuch as it appeareth unto us that theis insolences,
misdemeanors and abuses, not to be tollerated in anie civill government,
have for the most part growne and proceeded in-regard of our Counsaile
have not anie direct power and authoritie by anie expresse wordes in our
former lettres patent to correct and chastise such offenders, we
therefore, for the more speedy reformacion of soe greate and enormous
abuses and misdemeanors heretofore practised and committed, and for the
preventing of the like hereafter, doe by theis present for us, our
heires and successors, give and grannt to the said Treasurer and
Companie, and their successors for ever, that itt shall and maie be
lawfull for our said Councell for the said First Colonie in Virginia or
anie twoe of them, whereof the said Tresorer or his deputie for the time
being to be allwaies one by warrant under their handes to send for, or
cause to be apprehended, all and every such person and persons who
shalbe noted or accused or found, att anie time or times here after, to
offend or misbehave themselves in anie the offences before mencioned and
expressed; and uppon the examinacion of anie such offender or offendors
and just proofe made by oath taken before the Counsaile of anie such
notorious misdemeanors by them committed as aforesaid; and allsoe uppon
anie insolent, contemptuous or unreverent carriage and misbehavior to or
against our said Counsell shewed or used by anie such person or persons
soe called, convented and apear-ing before them as aforesaid; that in
all such cases theie, our said Counsell or anie twoe of them for the
time being, shall and maie have full power and authoritie either here tO
binde them over with good suerties for their good behaviour and further
therein to proceed to all intents and purposes, as itt is used in other
like cases within our realme of England; or ells att their discrescion
to remannd and send back the said offenders or anie of them unto the
said Colonie in Virginia, there to be proceeded against and punished as
the Governor, deputie and Counsell there for the time being shall thinke
meete; or other- wise, according to such lawes and ordinannces as are or
shalbe in use there for the well ordring and good governement of the
said Colonie.
And, for the more effectuall advanncing of the said plantacion, we doe
further, for us, our heires and successors, of our especiall grace and
favour, by vertue of our prorogative royall and by the assent and
consent of the Lordes and others of our Privie Coun-salle, give and
grannte unto the said Tresorer and Companie full power and authoritie,
free leave, libertie and licence to sett forth, errect and publishe one
or more lotterie or lotteries to have continuance and to [endure] and be
held for the space of one whole yeare next after the opening of the
same, and after the end and expiracion of the said terme the said
lotterie or lotteries to continue and be further kept, during our will
and pleasure onely and not otherwise. And yet, nevertheles, we are
contented and pleased, for the good and wellfare of the said plantacion,
that the said Tresorer and Companie shall, for the dispatch and
finishing of the said lotterie or lotteries, have six months warn-inge
after the said yeare ended before our will and pleasure shall, for and
on that behalfe, be construed, deemed and adjudged to be in anie wise
altered and determined.
And our further will and pleasure is that the said lottery or lottaries
shall and maie be opened and held within our cittie of London or in anie
other cittie or citties, or ellswheare within this our realme of
England, with such prises, articles, condicions and limitacions as to
them, the said Tresorer and Companie, in their discreascions shall seeme
convenient.
And that itt shall and may be lawfull to and for the said Tresorer and
Companie to ellect and choose receivors, auditors, surveyors,
comissioners, or anie other officers whatsoever, att their will and
pleasure for the better marshalling and guiding and governing of the
said lottarie or lottaryes; and that itt shalbe likewise lawfull to and
for the said Tresorer and anie twoe of the said Counsell to minister
unto all and everie such persons soe ellected and chosen for officers as
aforesaid one or more oathes for their good behaviour, just and true
dealing in and about the lottarie or lottaries to the intent and purpose
that none of our loving subjects, putting in their monies or otherwise
adventuring in the said generall lotterie or lottaries, maie be in anie
wise defrauded and deceived of their said monies or evill and
in-directlie dealt withall in their said adventures.
And we further grannt in manner and forme aforesaid, that itt shall and
maie be lawfull to and for the said Treasurer and Companie, under the
seale of our Counsell for the plantacion, to publishe or to cause and
procure to be published by proclama-cion or otherwise, the said
proclamacion to be made in their name by vertue of theise present, the
said lottarie or lotteries in all citties, townes, boroughts,
throughfaires and other places within our said realme of England; and we
will and commande all mayors, justices of peace, sheriffs, bayliffs,
constables and other our officers and loving subjects whatsoever, that
in noe wise theie hinder or delaie the progresse and proceeding of the
said lottarie or lottaries but be therein and, touching the premisses,
aiding and assisting by all honest, good and lawfull meanes and
endevours.
And further our will and pleasure is that in all questions and dobts
that shall arise uppon anie difficultie of construccion or
interpretacion of anie thing conteined in theis or anie other our former
lettres patent the same shalbe taken and interpreted in most ample and
beneficiall manner for the said Tresorer and Companie and their
successors and everie member there of.
And lastly we doe by theis present retifie and confirme unto the said
Treasorer and Companie, and their successors for ever, all and all
manner of priviledges, franchises, liberties, immuni- ties,
preheminences, profitts and commodities whatsoever grannted unto them in
anie our [former] lettres patent and not in theis present revoked,
altered, channged or abridged. Although ex-presse mencion [of the true
yearly value or certainty of the pre-mises, or any of them, or of any
other gift or grant, by us or any of our progenitors or predecessors, to
the aforesaid Tresurer and Company heretofore made, in these Presents is
not made; or any statute, act, ordinance, provisions, 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 wise, notwithstanding.]
In witnes whereof [we have caused these our letters to be made patents.]
Wittnes our selfe att Westminster, the twelveth daie of March [1612] [in
the ninth year of our reign of England, France, and Ireland, and of
Scotland the five and fortieth.]
Per breve de privato sigillo, etc
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