The Three Charters of the Virginia Company of London With Seven Related Documents; 1606-1621
Part 9
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 kingedomes, 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 protection of God Almighty and of our royall power and authority, have therefore of our especiall grace, certain 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 Virginia 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 betweene the one and fortie and thirty degrees of Northerly latitude, together with all and singuler [soils] landes, groundes, havens, ports, rivers, waters, fishinges, mines and mineralls, aswell royal mines of gold and silver as other mines and mineralls, perles, precious stones, quarries, and all and singuler other commodities, jurisdiccions, royalties, priviledges, franchises and preheminences, both within the said tract of lande uppon the maine and allso within the said iselandes and seas adjoyning, whatsoever, 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 adventurer or adventurers, undertaker or undertakers of anie discoveries, 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: provided 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 assignes 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 aforesaid, that our trusty and welbeloved subjects.[19]
[Footnote 19: Stith gives the following names only: "George, Lord Archbishop of Canterbury, Henry, Earl of Huntington, Edward, Earl of Bedford, Richard, Earl of Clanrickard, &c." The following names in brackets are taken from the text in Brown's _Genesis_.]
George, Lord Archbishopp of Canterbury Gilbert, Earle of Shrewsberry Mary, Countesse of Shrewesbeiry Elizabeth, Countesse of Derby Margarett, Countesse of Comberland Henry, Earle of Huntingdon Edward, Earle of Beddford Lucy, Countesse of Bedford Marie, Countesse of Pembroke Richard, Earle of Clanrickard Lady Elizabeth Graie William, Lord Viscount Cramborne William, Lord Bishopp of Duresme Henry, Lord Bishopp of Worceter John, Lord Bishopp of Oxonford William, Lord Pagett Dudley, Lord North Franncis, Lord Norries William, Lord Knollis John, Lord Harrington Robert, Lord Spencer Edward, Lord Denny William, Lord Cavendishe James, Lord Hay Elianor, Lady Cave [Carre] Maistres Elizabeth Scott, widdow Edward Sackvill, Esquier Sir Henry Nevill, of Aburgavenny, Knight Sir Robert Riche, Knight Sir John Harrington, Knight Sir Raphe Wimwood, Knight Sir John Graie, Knight Sir Henry Riche, Knight Sir Henry Wotton, Knight Peregrine Berly, Esquier [Berty] Sir Edward Phelipps, Knight, Maister of the Rolls Sir Moile Finche, Knight Sir Thomas Mansell, Knight Sir John St. John, Knight Sir Richard Spencer, Knight Sir Franncis Barrington, Knight Sir George Carie of Devonshire, Knight Sir William Twisden, Knight Sir John Leveson, Knight Sir Thomas Walsingham, Knight Sir Edward Care, Knight Sir Arthure Manwaringe, Knight Sir Thomas Jermyn, Knight Sir Valentine Knightley, Knight Sir John Dodderidge, Knight Sir John Hungerford, Knight Sir John Stradling, Knight Sir John Bourchidd, Knight [Bourchier] Sir John Bennett, Knight Sir Samuel Leonard, Knight Sir Franncis Goodwin, Knight Sir Wareham St. Legier, Knight Sir James Scudamore, Knight Sir Thomas Mildmaie, Knight Sir Percivall Harte, Knight Sir Percivall Willoughby, Knight Sir Franncis Leigh, Knight Sir Henry Goodere, Knight Sir John Cutt, Knight Sir James Parrett, Knight Sir William Craven, Knight Sir John Sammes, Knight Sir Carey Raleigh, Knight Sir William Maynard, Knight Sir Edmund Bowyer, Knight Sir William Cornewallis, Knight Sir Thomas Beomont, Knight Sir Thomas Cunningsby, Knight Sir Henry Beddingfeild, Knight Sir David Murray, Knight Sir William Poole, Knight Sir William Throgmorton, Knight Sir Thomas Grantham, Knight Sir Thomas Stewkley, Knight Sir Edward Heron, Knight Sir Ralph Shelten, Knight Sir Lewes Thesam, Knight Sir Walter Aston, Knight Sir Thomas Denton, Knight Sir Ewstace Hart, Knight Sir John Ogle, Knight Sir Thomas Dale, Knight Sir William Boulstrod, Knight Sir William Fleetwood, Knight Sir John Acland, Knight Sir John Hanham, Knight Sir Roberte Meller, Knight [Millor] Sir Thomas Wilford, Knight Sir William Lower, Knight Sir Thomas Lerdes, Knight [Leedes] Sir Franncis Barneham, Knight Sir Walter Chate, Knight Sir Thomas Tracy, Knight Sir Marmaduke Darrell, Knight Sir William Harrys, Knight Sir Thomas Gerrand, Knight Sir Peter Freetchvile, Knight Sir Richard Trevor, Knight Sir Amias Bamfeild Sir William Smith of Essex, Knight Sir Thomas Hewett, Knight Sir Richard Smith, Knight Sir John Heyward, Knight Sir Christopher Harris, Knight Sir John Pettus, Knight Sir William Strode, Knight Sir Thomas Harfleet, Knight Sir Walter Vaughan, Knight Sir William Herrick, Knight Sir Samuell Saltonstall, Knight Sir Richard Cooper, Knight Sir Henry Fane, Knight Sir Franncis Egiok, Knight Sir Robert Edolph, Knight Sir Arthure Harries, Knight Sir George Huntley, Knight Sir George Chute, Knight Sir Robert Leigh, Knight Sir Richard Lovelace, Knight Sir William Lovelace, Knight Sir Robert Yaxley, Knight Sir Franncis Wortley, Knight Sir Franncis Heiborne, Knight Sir Guy Palme, Knight Sir Richard Bingley, Knight Sir Ambrose Turvill, Knight Sir Nicholas Stoddard, Knight Sir William Gree, Knight Sir Walter Coverte, Knight Sir Thomas Eversfeild, Knight Sir Nicholas Parker, Knight Sir Edward Culpeper, Knight Sir William Ayliffe, Knight, and Sir John Keile, Knight Doctor George Mountaine, Dean of Westminster Lawrence Bohan, Docktor in Phisick Anthony Hinton, Doctor in Phisick John Pawlett Arthure Ingram Anthony Irby John Weld John Walter John Harris Anthony Dyott William Ravenscrofte Thomas Warre William Hackwill Lawrence Hide Nicholas Hide Thomas Stevens Franncis Tate Thomas Coventry John Hare Robert Askwith George Sanndys Franncis Jones Thomas Wentworth Henry Cromewell John Arundell John Culpeper John Hoskins Walter Fitz Williams Walter Kirkham William Roscarrock Richard Carmerdon Edward Carne Thomas Merry Nicholas Lichfeild John Middleton John Smithe, and Thomas Smith, the sonnes of Sir Thomas Smith Peter Franke George Gerrand Gregory Sprynte John Drake Roger Puleston Oliver Nicholas Richard Nunnington [Monyngton] John Vaughan John Evelin Lamorock Stradling John Riddall John Kettleby Warren Townsend Lionell Cranfeild Edward Salter William Litton Humfrey May George Thorpe Henry Sandys, and Edwin Sandys, the sonnes of Sir Edwin Sandys Thomas Conway Captaine Owen Gwinn Captaine Giles Hawkridge Edward Dyer Richard Connock Benjamin Brand Richard Leigh, and Thomas Pelham, Esquiers Thomas Digges, and John Digges, Esquiers, the sonnes of Sir Dudley Diggs, Knight Franncis Bradley Richard Buckminster [Buck] Franncis Burley John Procter Alexannder Whitakers Thomas Frake, thelder, and Henry Freake, thelder, Ministers of God's word The mayor and citizens of Chichester The mayor and jurates of Dover The bailiffs, burgesses and comonalty of Ipswich The mayor and comunalty of Lyme Regis The mayor and comonalty of Sandwich The wardens, assistants and companie of the Trinity House Thomas Martin Franncis Smaleman Augustine Steward Richard Tomlins Humfrey Jobson John Legate Robert Backley [Barkley] John Crowe Edward Backley [Barkley] William Flett [Fleet] Henry Wolstenholme Edmund Alleyn George Tucker Franncis Glanville Thomas Gouge John Evelin William Hall John Smithe George Samms John Robinson William Tucker John Wolstenholme, and Henry Wolstenholme, sonnes of John Wolstenholme, Esquier William Hodges Jonathan Mattall [Nuttall] Phinees Pett Captaine John Kinge Captaine William Beck Giles Alington Franncis Heiton, and Samuell Holliland, gentleman Richard Chamberlaine George Chamberlaine Hewett Staper Humfrey Handford Raph Freeman George Twinhoe [Swinhoe] Richard Pigott Elias Roberts Roger Harris Devereux Wogan Edward Baber William Greenewell Thomas Stilles [Shilds] Nicholas Hooker Robert Garsett Thomas Cordell William Bright John Reynold Peter Bartley John Willett Humfry Smithe Roger Dye Nicholas Leate Thomas Wale Lewes Tate Humfrey Merrett Roberte Peake Powell Isaackson Sebastian Viccars Jarvis Mundes Richard Warner Gresham Hogan Warner Daniell Deruley Andrew Troughton William Barrett Thomas Hodges John Downes Richard Harper Thomas Foxall William Haselden James Harrison William Burrell John Hodsall Richard Fishborne John Miller Edward Cooke Richard Hall, marchaunt Richard Hall, ankersmith John Delbridge Richard Francklin Edmund Scott John Britten Robert Stratt Edmund Pond Edward James Robert Bell Richard Herne William Ferrers William Millett Anthony Abdy Roberte Gore Benjamin Decrow Henry Tunberley [Timberly] Humfrey Basse Abraham Speckart Richard Moorer William Compton Richard Poulsoune [Pontsonne] William Wolaston John Desmont, clothier [Beomont] Alexannder Childe William Fald, fishmonger Franncis Baldwin John Jones, marchant Thomas Plomer Edward Plomer, marchants John Stoickden Robert Tindall Peter Erundell Ruben Bourne Thomas Hampton, and Franncis Carter, citizens of London,
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 henceforth be reputed, deemed and taken to be and shalbe brethren and free members of the Companie and shall and maie, respectively, 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[20]
Phillipp, Earle of Montgomery William, Lord Paget Sir John Harrington, Knight Sir William Cavendish, Knight Sir John Sammes, Knight Sir Samuell Sandys, Knight Sir Thomas Freke, Knight Sir William St. John, Knight Sir Richard Grobham, Knight Sir Thomas Dale, Knight Sir Cavalliero Maycott, Knight Richard Martin, Esquier John Bingley, Esquier Thomas Watson, Esquier, and Arthure Ingram, Esquier,
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 Counsellors for that Colonie and whose names have bin or are incerted and expressed in our said former lettres patent.
[Footnote 20: Stith gives the following names only: "Philip, Earl of Mongomery, William, Lord Paget, Sir John Starrington, Knt. &c."]
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 persons 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 matters 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 establishing 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 assembled 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 danngerous 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 elswhere, 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 wheresoever, being in amity with us, as our naturall liedge subjects borne in anie our realmes and dominions; and that all such persons 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, priviledges, immunities, benefitts, profitts and commodities, whatsoever, to the said Companie in anie sort belonging or apperteining as fully, freely [and] amplie as anie other adventurer or adventurers 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 hereafter, 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, implement, 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 successors 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 examinacion or clearing of the truith in anie cause whatsoever concerninge the said plantacion or anie business from thence proceeding or there unto proceeding or thereunto belonging.