James, by the grace of God, King of England, Scotland,
France, and Ireland, Defender of the Faith, &c. Whereas our loving
and weldisposed subjects, Sir Thomas Gates and Sir George Somers, Knightes;
Richarde Hackluit, Clarke, Prebendarie of Westminster; and Edwarde Maria
Winghfeilde, Thomas Hannam and Raleighe Gilberde, Esquiers; William Parker
and George Popham, Gentlemen; and divers others of our loving subjects,
have been humble sutors unto us that wee woulde vouchsafe unto them our
licence to make habitacion, plantacion and to deduce a colonie of sondrie
of our people into that parte of America commonly called Virginia, and
other parts and territories in America either appartaining unto us or which
are not nowe actuallie possessed by anie Christian prince or people, scituate,
lying and being all along the sea coastes between fower and thirtie degrees
of northerly latitude from the equinoctiall line and five and fortie degrees
of the same latitude and in the maine lande betweene the same fower and
thirtie and five and fourtie degrees, and the ilandes thereunto adjacente
or within one hundred miles of the coaste thereof;
And to that ende, and for the more speedy accomplishemente
of theire saide intended plantacion and habitacion there, are desirous
to devide themselves into two severall colonies and companies, the one
consisting of certaine Knightes, gentlemen, marchanntes and other adventurers
of our cittie of London, and elsewhere, which are and from time to time
shalbe joined unto them which doe desire to begin theire plantacions and
habitacions in some fitt and conveniente place between fower and thirtie
and one and fortie degrees of the said latitude all alongest the coaste
of Virginia and coastes of America aforesaid and the other consisting of
sondrie Knightes, gentlemen, merchanntes, and other adventurers of our
citties of Bristoll and Exeter, and of our towne of Plymouthe, and of other
places which doe joine themselves unto that colonie which doe desire to
beginn theire plantacions and habitacions in some fitt and convenient place
betweene eighte and thirtie degrees and five and fortie degrees of the
saide latitude all alongst the saide coaste of Virginia and America as
that coaste lieth;
Wee, greately commending and graciously accepting of theire
desires to the furtherance of soe noble a worke which may, by the providence
of Almightie God, hereafter tende to the glorie of His Divine Majestie
in propagating of Christian religion to suche people as yet live in darkenesse
and miserable ignorance of the true knoweledge and worshippe of God and
may in tyme bring the infidels and salvages living in those parts to humane
civilitie and to a setled and quiet govermente, doe by theise our lettres
patents graciously accepte of and agree to theire humble and well intended
desires;
And doe, therefore, for us, our heires and successors,
grannte and agree that the saide Sir Thomas Gates, Sir George Sumers, Richarde
Hackluit and Edwarde Maria Winghfeilde, adventurers of and for our cittie
of London, and all suche others as are or shalbe joined unto them of that
Colonie, shalbe called the Firste Colonie, and they shall and may beginne
theire saide firste plantacion and seate of theire firste aboade and habitacion
at anie place upon the saide coaste of Virginia or America where they shall
thincke fitt and conveniente betweene the saide fower and thirtie and one
and fortie degrees of the saide latitude; and that they shall have all
the landes, woods, soile, groundes, havens, ports, rivers, mines, mineralls,
marshes, waters, fishinges, commodities and hereditamentes whatsoever,
from the said first seate of theire plantacion and habitacion by the space
of fiftie miles of Englishe statute measure all alongest the saide coaste
of Virginia and America towardes the weste and southe weste as the coaste
lieth, with all the islandes within one hundred miles directlie over againste
the same sea coaste; and alsoe all the landes, soile, groundes havens,
ports, rivers, mines, mineralls, woods, marrishes [marshes], waters, fishinges,
commodities and hereditamentes whatsoever, from the saide place of theire
firste plantacion and habitacion for the space of fiftie like Englishe
miles, all alongest the saide coaste of Virginia and America towardes the
easte and northeaste [or toward the north] as the coaste lieth, together
with all the islandes within one hundred miles directlie over againste
the same sea coaste; and alsoe all the landes, woodes, soile, groundes,
havens, portes, rivers, mines, mineralls, marrishes, waters, fishinges,
commodities and hereditamentes whatsoever, from the same fiftie miles everie
waie on the sea coaste directly into the maine lande by the space of one
hundred like Englishe miles; and shall and may inhabit and remaine there;
and shall and may alsoe builde and fortifie within anie the same for theire
better safegarde and defence, according to theire best discrecions and
the direction of the Counsell of that Colonie; and that noe other of our
subjectes shalbe permitted or suffered to plante or inhabit behinde or
on the backside of them towardes the maine lande, without the expresse
licence or consente of the Counsell of that Colonie thereunto in writing
firste had or obtained.
And wee doe likewise for us, our heires and successors,
by theise presentes grannte and agree that the saide Thomas Hannam and
Raleighe Gilberde, William Parker and George Popham, and all others of
the towne of Plymouthe in the countie of Devon, or elsewhere, which are
or shalbe joined unto them of that Colonie, shalbe called the Seconde Colonie;
and that they shall and may beginne theire saide firste plantacion and
seate of theire first aboade and habitacion at anie place upon the saide
coaste of Virginia and America, where they shall thincke fitt and conveniente,
betweene eighte and thirtie degrees of the saide latitude and five and
fortie degrees of the same latitude; and that they shall have all the landes,
soile, groundes, havens, ports, rivers, mines, mineralls, woods, marishes,
waters, fishinges, commodities and hereditaments whatsoever, from the firste
seate of theire plantacion and habitacion by the space of fiftie like Englishe
miles, as is aforesaide, all alongeste the saide coaste of Virginia and
America towardes the weste and southwest, or towardes the southe, as the
coaste lieth, and all the islandes within one hundred miles directlie over
againste the saide sea coaste; and alsoe all the landes, soile, groundes,
havens, portes, rivers, mines, mineralls, woods, marishes, waters, fishinges,
commodities and hereditamentes whatsoever, from the saide place ,É
heire firste plantacion and habitacion for the space of fiftie like miles
all alongest the saide coaste of Virginia and America towardes the easte
and northeaste or towardes the northe, as the coaste liethe, and all the
islandes alsoe within one hundred miles directly over againste the same
sea coaste; and alsoe all the landes, soile, groundes, havens, ports, rivers,
woodes, mines, mineralls, marishes, waters, fishings, commodities and hereditaments
whatsoever, from the same fiftie miles everie waie on the sea coaste, directlie
into the maine lande by the space of one hundred like Englishe miles; and
shall and may inhabit and remaine there; and shall and may alsoe builde
and fortifie within anie the same for theire better saufegarde according
to theire beste discrecions and the direction of the Counsell of that Colonie;
and that none of our subjectes shalbe permitted or suffered to plante or
inhabit behinde or on the backe of them towardes the maine lande without
the expresse licence or consente of the Counsell of that Colonie, in writing
thereunto, firste had and obtained.
Provided alwaies, and our will and pleasure herein is,
that the plantacion and habitacion of suche of the saide Colonies as shall
laste plante themselves, as aforesaid, shall not be made within one hundred
like Englishe miles of the other of them that firste beganne to make theire
plantacion, as aforesaide.
And wee doe alsoe ordaine, establishe and agree for [us],
our heires and successors, that eache of the saide Colonies shall have
a Counsell which shall governe and order all matters and causes which shall
arise, growe, or happen to or within the same severall Colonies, according
to such lawes, ordinannces and instructions as shalbe in that behalfe,
given and signed with our hande or signe manuell and passe under the Privie
Seale of our realme of Englande; eache of which Counsells shall consist
of thirteene parsons and to be ordained, made and removed from time to
time according as shalbe directed and comprised in the same instructions;
and shall have a severall seale for all matters that shall passe or concerne
the same severall Counsells, eache of which seales shall have the Kinges
armes engraven on the one side there of and his pourtraiture on the other;
and that the seale for the Counsell of the saide Firste Colonie shall have
engraven rounde about on the one side theise wordes: Sigillum Regis Magne
Britanie, Francie [et] Hibernie; on the other side this inscripture rounde
about: Pro Consillio Prime Colonie Virginie. And the seale for the Counsell
of the saide Seconde Colonie shall alsoe have engraven rounde about the
one side thereof the foresaide wordes: Sigillum Regis Magne Britanie, Francie
[et] Hibernie; and on the other side: Pro Consilio Secunde Colonie Virginie.
And that alsoe ther shalbe a Counsell established here
in Englande which shall in like manner consist of thirteen parsons to be,
for that purpose, appointed by us, our heires and successors, which shalbe
called our Counsell of Virginia; and shall from time to time have the superior
managing and direction onelie of and for all matters that shall or may
concerne the govermente, as well of the said severall Colonies as of and
for anie other parte or place within the aforesaide precinctes of fower
and thirtie and five and fortie degrees abovementioned; which Counsell
shal in like manner have a seale for matters concerning the Counsell [or
Colonies] with the like armes and purtraiture as aforesaide, with this
inscription engraven rounde about the one side: Sigillum Regis Magne Britanie,
Francie [et] Hibernie; and rounde about the other side: Pro Consilio Suo
Virginie.
And more over wee doe grannte and agree for us, our heires
and successors, that the saide severall Counsells of and for the saide
severall Colonies shall and lawfully may by vertue hereof, from time to
time, without interuption of us, our heires or successors, give and take
order to digg, mine and searche for all manner of mines of goulde, silver
and copper, as well within anie parte of theire saide severall Colonies
as of the saide maine landes on the backside of the same Colonies; and
to have and enjoy the goulde, silver and copper to be gotten there of to
the use and behoofe of the same Colonies and the plantacions thereof; yeilding
therefore yerelie to us, our heires and successors, the fifte parte onelie
of all the same goulde and silver and the fifteenth parte of all the same
copper soe to be gotten or had, as is aforesaid, and without anie other
manner of profitt or accompte to be given or yeilded to us, our heires
or successors, for or in respecte of the same.
And that they shall or lawfullie may establishe and cawse
to be made a coine, to passe currant there betwene the people of those
severall Colonies for the more ease of trafiique and bargaining betweene
and amongest them and the natives there, of such mettall and in such manner
and forme as the same severall Counsells there shall limitt and appointe.
And wee doe likewise for us, our heires and successors, by theise presents
give full power and auctoritie to the said Sir Thomas Gates, Sir George
Sumers, Richarde Hackluit, Edwarde Maria Winghfeilde, Thomas Hannam, Raleighe
Gilberde, William Parker and George Popham, and to everie of them, and
to the saide severall Companies, plantacions and Colonies, that they and
everie of them shall and may at all and everie time and times hereafter
have, take and leade in the saide voyage, and for and towardes the saide
severall plantacions and Colonies, and to travell thitherwarde and to abide
and inhabit there in everie of the saide Colonies and plantacions, such
and somanie of our subjectes as shall willinglie accompanie them, or anie
of them, in the saide voyages and plantacions, with sufficiente shipping
and furniture of armour, weapon, ordonnance, powder, victall, and all other
thinges necessarie for the saide plantacions and for theire use and defence
there: provided alwaies that none of the said parsons be such as hereafter
shalbe speciallie restrained by us, our heires or successors.
Moreover, wee doe by theise presents, for us, our heires
and successors, give and grannte licence unto the said Sir Thomas Gates,
Sir George Sumers, Richarde Hackluite, Edwarde Maria Winghfeilde, Thomas
Hannam, Raleighe Gilberde, William Parker and George Popham, and to everie
of the said Colinies, that they and everie of them shall and may, from
time to time and at all times for ever hereafter, for theire severall defences,
incounter or expulse, repell and resist, aswell by sea as by lande, by
all waies and meanes whatsoever, all and everie suche parson and parsons
as without espiciall licence of the said severall Colonies and plantacions
shall attempte to inhabit within the saide severall precincts and limitts
of the saide severall Colonies and plantacions, or anie of them, or that
shall enterprise or attempt at anie time hereafter the hurte, detrimente
or annoyance of the saide severall Colonies or plantacions.
Giving and grannting by theise presents unto the saide
Sir Thomas Gates, Sir George Somers, Richarde Hackluite, and Edwarde Maria
Winghfeilde, and theire associates of the said Firste Colonie, and unto
the said Thomas Hannam, Raleighe Gilberde, William Parker and George Popham,
and theire associates of the saide Second Colonie, and to everie of them
from time to time and at all times for ever hereafter, power and auctoritie
to take and surprize by all waies and meanes whatsoever all and everie
parson and parsons with theire shipps, vessels, goods and other furniture,
which shalbe founde traffiqueing into anie harbor or harbors, creeke, creekes
or place within the limitts or precincts of the saide severall Colonies
and plantacions, not being of the same Colonie, untill such time as they,
being of anie realmes or dominions under our obedience, shall paie or agree
to paie to the handes of the Tresorer of the Colonie, within whose limitts
and precincts theie shall soe traffique, twoe and a halfe upon anie hundred
of anie thing soe by them traffiqued, boughte or soulde; and being stranngers
and not subjects under our obeysannce, untill they shall paie five upon
everie hundred of suche wares and commoditie as theie shall traffique,
buy or sell within the precincts of the saide severall Colonies wherein
theie shall soe traffique, buy or sell, as aforesaide; which sommes of
money or benefitt, as aforesaide, for and during the space of one and twentie
yeres nexte ensuing the date hereof shalbe whollie imploied to the use,
benefitt and behoofe of the saide severall plantacions where such trafficque
shalbe made; and after the saide one and twentie yeres ended the same shalbe
taken to the use of us, our heires and successors by such officer and minister
as by us, our heires and successors shalbe thereunto assigned or appointed.
And wee doe further, by theise presentes, for us, our
heires and successors, give and grannte unto the saide Sir Thomas Gates,
Sir George Sumers, Richarde Hackluit, and Edwarde Maria Winghfeilde, and
to theire associates of the saide Firste Colonie and plantacion, and to
the saide Thomas Hannam, Raleighe Gilberde, William Parker and George Popham,
and theire associates of the saide Seconde Colonie and plantacion, that
theie and everie of them by theire deputies, ministers and factors may
transport the goods, chattells, armor, munition and furniture, needfull
to be used by them for theire saide apparrell, defence or otherwise in
respecte of the saide plantacions, out of our realmes of Englande and Irelande
and all other our dominions from time to time, for and during the time
of seaven yeres nexte ensuing the date hereof for the better releife of
the said severall Colonies and plantacions, without anie custome, subsidie
or other dutie unto us, our heires or successors to be yeilded or paide
for the same.
Alsoe wee doe, for us, our heires
and successors, declare by theise presentes that all and everie the parsons
being our subjects which shall dwell and inhabit within everie or anie
of the saide severall Colonies and plantacions and everie of theire children
which shall happen to be borne within the limitts and precincts of the
said severall Colonies and plantacions shall have and enjoy all liberties,
franchises and immunites within anie of our other dominions to all intents
and purposes as if they had been abiding and borne within this our realme
of Englande or anie other of our saide dominions.
Moreover our gracious will and pleasure is, and wee doe
by theise presents, for us, our heires and successors, declare and sett
forthe, that if anie parson or parsons which shalbe of anie of the said
Colonies and plantacions or anie other, which shall trafficque to the saide
Colonies and plantacions or anie of them, shall at anie time or times hereafter
transporte anie wares, marchandize or commodities out of [any] our dominions
with a pretence and purpose to lande, sell or otherwise dispose the same
within anie the limitts and precincts of anie of the saide Colonies and
plantacions, and yet nevertheles being at the sea or after he hath landed
the same within anie of the said Colonies and plantacions, shall carrie
the same into any other forraine countrie with a purpose there to sell
or dispose of the same without the licence of us, our heires or successors
in that behalfe first had or obtained, that then all the goods and chattels
of the saide parson or parsons soe offending and transporting, together
with the said shippe or vessell wherein suche transportacion was made,
shall be forfeited to us, our heires and successors.
Provided alwaies, and our will and pleasure is and wee
doe hereby declare to all Christian kinges, princes and estates, that if
anie parson or parsons which shall hereafter be of anie of the said severall
Colonies and plantacions, or anie other, by his, theire, or anie of theire
licence or appointment, shall at anie time or times hereafter robb or spoile
by sea or by lande or doe anie acte of unjust and unlawfull hostilitie
to anie the subjects of us, our heires or successors, or anie of the subjects
of anie king, prince, ruler, governor or state being then in league 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
procurors, 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 limited 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.]
Translated in Albert Beebe White and
Wallce Notestein, eds., Source Problems in English History (New
York: Harper and Brothers, 1915).
