The history of the first discovery and settlement of Virginia: being an essay towards a general history of this colony.
Stith, William, 1707-1755.
Page  23

No. III. A third Charter of K. James I. to the Treasurer and Com|pany for Virginia. Dated March 12, 1611-2.

I. IAMES, by the Grace of God, King of England, Scotland, France, and Ieland, Defender of the Faith▪ To all, to whom these Presents shll come, Greeting. WHEREAS, at the humble Suit of divers and sundry our loving Subjects, as well Adventurers a Planters of the first Colony in Virginia, and for the Propagation of Christian Religion, and reclaming of People barbarous to Civility and Humanity, We have, by our Letters Patents▪ bering Date, at Westminster, the three and twentieth Day of May, in the seventh Year of our Reign of England, France, and Ireland, and the two and fortieth of Scotland, GIVEN and GRANTED unto them, that they, and all such and so many of our loving Subjects, as should, from time to time for ever af|ter, be joined with them, as Planters or Adventurers in the said Plantation, and their Successors, for ever, should be one Body politick, incorporated by the Name of, The Treasurer and Com|pany of Adventurers and Planters of the City of London for the first Colony in Virginia;

II▪ AND whereas also, for the greater Good and Benefit of the said Company▪ and for the better Furtherance, Strengthening, and Establishing of the said Plantation, we did further GIVE, GRANT, and CONFIRM, by our said Letters Patents, unto the said Treasurer and Company, and their Successors, for ever, all those Lands, Countries, or Territories, situate, lying, and being▪ in that Part of America called VIRGINIA, from the Point of Land, called Cape or Point Comfort, all along the Sea Coasts, to the Northward, two hundred Miles, and fom the said Point of Cape Comfort, all along the Sea Coast, to the Southward, two hundred Miles, and all that Space and Circuit of Land, lying from the Sea Coast of the Precinct aforesaid, up or into the Land, throughout from Sea to Sea▪ Wst and Northwes, and also all the Islands, lying within one hundred Miles, along the Coast of both the Seas of the Precinct aforesaid, with divers other Grants, Liberties, Franchises, and Preheminencs, Previleges, Profits, Be|nefits, and Commodities, granted, in and by our said Letters Pa|tents, to the said Treasurer and Company, and their Successors, for ever:

III. NOW, forasmuch as we are given to understand, that in those Seas, adjoining to the said Coasts of Virginia, and without the Compass of those two hundred Miles, by Us so granted unto the said Treasurer and Company▪ as aforesaid, and yet not far distant from the said Colony in Virginia, there are, or may be, diver Islands, lying desolate and uninhabited, some of which are already made known and discovered, by the Industry, Travel, Page  24 and Expences of the said Company, and others also are supposed to be and remain, as yet, unknown and undiscovered, all and every of which it may import the said Colony, both in Safety and Policy of Trade, to populate and plant, in Regard whereof, as well for the preventing of Peril, as for the better Commodity and Prosperity of the said Colony, they have been humble Suitrs unto us, that we would be pleased to grant unto them * an En|largement of our said former Letters Patents, as well for a more ample Extent of their Limits and Territories into the Seas, ad|joining to and upon the Coast of Virginia, as also for some other Matters and Articles, concerning the better Government of the said Company and Colony, in which Point our said former Let|ters Patents do not extend so far, as Time and Experience hath found to be needful and convenient▪

IV. WE therefore, tendering the good and happy Success of the said Plantation, both in Regard of the general * Weal of human Society, as in Respect of the Good of our own Estate and Kingdoms, and being willing to give Furtherance unto all good Means, that may advance the Benefit of the said * Compny, and which may secure the Safety of our loving Subjects, planted in our said Colony under the Favour and Protection of God Al|mighty, and of our Royal Power and Athority, have therefore, of our especial Grace, certain Knowledge, and mere Motion, given, granted, and confirmed, and for Us, our Heirs and Suc|cessors, we do, by these Presents, GIVE, GRANT, and CONFIRM, to the said Treasurer and Company of Adventurers and Planter of the City of London for the first Colony in Virginia, and to their Heirs and Successors, for ever, all and singular those Islands whatsoever, situate and being in any Part of the Ocean Sea bordering upon the Coast of our said first Colony in Virgini, ad being within three hundred Leagues of any the Parts heretofor granted to the said Treasurer and Company, in our said former Letters Patents, as aforesaid, and being within or between the one and fortieth and thirtieth Degrees of Northerly Latitude, To|gether with all and singular Soils, Lands, Grounds, Havens, Ports, Rivers, Waters, ishings, Mines, and Minerals, as well Royal Mines of Gold and Silver, as other Mines and Minerals, Pearls, Precious Stones, Quarries, and all and singular other Com|modities, Jurisdiction, Royalties, Privileges, Franchises, and Pre|heminences, both within the said Tract of Land upon the Main, and also within the said Islands and Seas adjoining, whatsoever, and thereunto or therabous, both by Sea and Land, being o situate; And which, by our Letters Patents, we may or can grant, and in as ample Manner and Sort, as We, or any our no|ble Progenitors, have heretofore granted to any Person or Per|sons, or to any Company, Body politick or corporate, or to any Adventurer or Adventurers, Undertaker or Undertakers, of any Discoveries, Plantations, or Traffick, of in or into any foreign Parts, whatsoever, and in 〈◊〉 large and ample Manner, a if thPage  25 same were herein particularly nmed, mentioned, and expressed: Provided always, that the said Islnds, or any the Premises herei mentioned, or by these Presents intended or * meant to be granted, be not actually possessed or inhabited by any other C••istian Prince or Estate, nor be within the Bounds, Limits, or Territories of the Northern Colony, heretofore by Us granted to be planted by divers of our loving Subjects, in the North Parts of Virginia. TO HAVE AND TO HOLD, possess and enjoy, * all and singular the said Islands, in the said Ocean Seas so lying, and bordering upon the Coast and Coasts of the Territories of the said first Colony in Virginia, as aforesaid; With all and singular the said Soils, Lands, and Grounds, and all and singular other the Premise, heretofor by these Presents granted, or mentioned to be granted, to them, the said * Treasurer and Company of Adventurers and Planter of the City of London for the first Colony in Virginia, and to their Heirs, Successors, and Assigns, for ever, to the sole and proper Use and Behoof of them, the said Treasurer and Company, and their Heirs, and Successors, and Assigns, for ever; TO BE HOLDEN of us, our Heirs, and Successors, as of our Manor of East-Green|wich, in free and common Soccage, and not in Capite; YIELD|ING AND PAYING therefore to Us, our Heirs, and Su•••ssors, the * fifth Part of the Ore of all Gold and Silver, which shall be there gotten, had, or obtained, for all Manner of Services what|soever.

V. AND further, our Will and Pleasure is, and we do, by these Presents, GRANT AND CONFIRM, for the Good and Welfare of the said Plantation, and that Posterity may hereafter know, who have adventured and not been sparing of their Purss in such noble and gnerous Action for the general Good of teir Country, and at the Request, and with the Consent, of the Company a|foresaid, that our trusty and well-beloved * Subjects, Georg▪ Lord Archbishop of Canterbury, Henry, Earl of Huntington, Ed|ward, Earl of Bedford, Richard, Earl of Clanrickard, &c. who since our said last Letters Patents are become Adventurers, and have joined themselves with the former Adventurers and Planters of the said Company and Society, shall, from henceforth, be re|puted, deemed, and taken to be, and shall be Brethren and fr•• Members of the Company, and shall and may, respectively, and according to the Proportion and Value of their several Adven|tures, HAVE, HOLD, and ENJOY all such Interest, Right, Title, Privileges, Preheminences, Liberties, Franchises, Immunities, Profits, and Commodities, whatsoever, in as large, and ample, and beneficial Manner, to all Intents, Constructions, and Purpo|ses, as any other Adventurers, nominated and expressed in any our former Letters Patents, or any of them, have or may have, by Force and Virtue of these Presents, or any our former Lette•• Patents whatsoever.

Page  26VI. AND we are further pleased, and we do, by these Presents▪ GRANT AND CONFIRM, that Philip, Earl of Montgomery, Wil|liam Lord Paget, Sir Iohn Sta••ington, Knt. &c. whom the said Treasurer and Company have, since the said last Letters Patents, nominated and set down, as worthy and discreet Persons, 〈◊〉 to serve us as Counsellors, to be of our Council for the said Plan|tation, shll be reputed, deemed, and taken, as Persons of our sid Council for the said first Colony, in such Manner and Sort, to all Intents and Purposes, as those, who have been formerly elected and nominted, as our Counsellors for that Coloy, and whose Names hve been or are inserted and expressed, in our said former Letters Patents.

VII. AND We do hereby ORDAIN and GRANT, by these Pre|sents, that the said Treasurer and Compny of Adventurers and Planters aforesaid, shll and may, once every Week, or oftener, at their Pleasure, hold and keep a Court an Assembly, for the better Order and Government of the said Plan•••ion, nd such things, as shll concern the sme; And tht any 〈◊〉 Persons of our Council for the sid first Colony in Virginia, for the ime be|ing, of which Company the Tresurer, or his Deputy, to be al|ways one, and the Number of fifteen other, at the least, of the Generality of the s id Company, assembled together in such Manner▪ as is and hath been heretofore used and accustomed, shall be said, taken, held, and reputed to be, and shall be a sufficient Court of the said Company, for the handling, and ordering, and dispathcing of all such casual and particular Occurrences, and ac|cidental Matters, of 〈◊〉 Consequence and Weght, as shall, from time to tim, 〈◊〉, touching and concerning the said Plan|tation:

VIII. AND that nevetheless, for the handling, ordering, and disposing of Matters and Affairs of greater Weight and Importance▪ and such, as shall or may, in any Sort, concern the * Weal Pub|lick and general Good of the said Company and Plantation, a nmely, the Manner of Government from time to time o be used, the Ordering and Disposing of the Lands and Possessions, and the Settling and Estblishing of a Trade there, or such like, there shall be held and kept, every Year, upon the last Wed••s|day, save one, of Hillary Term, Easter, Trinity, and Michael|mas Terms, for ever, one great, general, and solemn Assembly, which four Assemblies shall be stiled and cll••, The four Great and General Courts of the Council and Company of Adventrers for Virginia; * In all and every of which said Great and General Courts, so assembled, our Will and Pleasure is, and we do, for Us, our Heirs, and Successors, for ever, GIVE AND GRANT to the said Treasurer and Company, and their Successors, for ever, by these Presents, that they, the said Treasurer and Company, or the greater Number of them, so assembled, shall and may have full Power and Authority, from time to time, and at all times hereafter, to elect and chuse discreet Persons, to be of our said Page  27 Council for the said first Colony in Virginia, and to nominate and appoint such Officers, as they shall think fit and requisite, for the Government, Managing, Ordering, and Dispatching of the Affirs of the said Company; And shall likewise have full Power and Authority, to ordain and make such Laws and Ordinances, for the Good and Welfare of the said Plantation, as to them, from time to time, shall be thought requisite and meet: So al|ways, as the same be not contrary to the Laws and Statutes of this our Realm of England; And shall▪ i like Manner, * have Power and Authority, to expulse, disfranhise, and put, out of and from their said Company and Society, for ever, all and every such Person and Persons, as having either promised, or subscribed their Names, to become Adventurers to the said Plantation of the said first Colony in Virginia, * or having been nominated for Ad|venturers, in these or any other our Letters Patents, or having been otherwise admitted and nominated to be of the said Com|pany, have nevertheless, either not put in any Adventure at all, for and towards the said Plantation, or else have refused and neg|lected, or shall refuse and neglect, to bring in his or their Ad|venture, by Word or Writing promised, within six Months after the same shall be so payable and due.

IX. AND whereas the Failing and not Payment of such Mo|nies, as have been promised in Adventure for the Advancement of the said Plantation, hath been often by Experience found, to be dangerous and prejudicial to the same, and much to have hin|dered the Progress and Proceeding of the said Plantation, and for that it seemeth unto Us a thing reasonable, that such Persons, a by their Hand Writing have engaged themselves for the Paymen of their Adventures, and afterwards neglecting their Faith and Promise, should be complled to make good and keep the sam▪ Therefore our Will and Pleasure is, that in any Suit or Suits, commenced or to be commenced, in any of our Courts aWest|minster, or elsewhere, by the said Treasurer and Company, or otherwise, against any such Persons, that our Judges for the time being, both in our Court of Chancery and at the Common Pleas, do favour and further the sid Suits, so far orth as Law and E|quity will, in any wise, further and permit.

X. AND we do, for Us, our Heirs, and Successors, further GIVE AND GRANT to the said Treasurer and Company, or their Successors, for ever, that they, the said Treasurer and ompany, or the greater Part of them, for the time being, so in a full and generl Court assembled, as aforesaid, shall and may, from time to time, and at all times for ever hereafter, elect, choose, and admit into their Compny and Society, an Person or Persons, as well Strangers * and Aliens, born in any Part beyond the Sea w••resoever, beig in Amity with us, as our naturl Leige-Sub|jects, born in any our Relm and Dominions; And that all such Persos, so lected, chosen, and admitted to be of the said Com|pny, as aforesaid, shall threupon be taken, reputed, and held, Page  28 and shall be, free Members of the said Company, and shall have, hold, and enjoy all and singular Freedoms, Liberties, Franchises, Privileges, Immunities, Benefits, Profits, and Commodities, what|soever, to the said Company in any Sort belonging or appertain|ing, as fully, freely, and amply, a any other Adventurers, now being, or which hereafter at any time shall be of the said Com|pany, hath, have, shall, may, might, or ought to have and enjoy the same, to all Intents and Purposes whatsoever.

XI. AND we do further, of our especial Grace, certai Knowledge, and mere Motion, for Us, our Heirs, and Succes|sors, GIVE AND GRANT unto the said Treasurer and Company, and their Successors, for ever, by these Presents, that it shall be lawful and free, for them and their A••igns, at all and every time and times hereafter, out of any our Realms and Dominions what|soever, to take, lead, carry, and transport, in and into the said Voyage, and for and towards the said Plantation of our said first Colony in Virginia, all such and so many of our loving Subjects, or any other Strangers, that will become our loving Subjects and live under our Allegiance, as shall willingly accompany them in the said Voyages and Plantation; With Shipping, Armour, Wea|pons, rdinance, Munition, Powder, Shot, Victuals, and all Manner of Merchandises and Wares, and all Manner of Cloath|ing, Implements, Furniture, Beasts, Cattle, Horses, Mares and all other things necessary for the said Plantation, and for their Use and Defence, and for Trade with the People there, and in passing and returning to and from, without paying or yielding any Subsidy, Custom, or Impoition, either inward or outward, or any other Duty, to Us, our Heirs, or Successors, for the same, for the Space of seven Years from the Date of these Pre|ents.

XII. AND we do further, for Us, our Heirs, and Successors, GIVE AND GRANT to the said Treasurer and Company, and their Successors, for ever, by these Presents, that the said Trea|surer of that Company, or hi Deputy, for the time being, or any two other of the said Council for the said first Colony in Virginia, for the time being, or any two other at all times here|after, and from time to time, have full Power and Authority, to minister and give the Oath and Oaths of Supremacy and Al|egiance, or either of them, to all and every Person and Persons, which sall, at any time or times hereafter, go or pass to the said Colony in Virginia:

XIII. AND further, that it shall be lawful likewise for the said Treasurer, or his Deputy, for the time being, or any two or others of our said Council for the said first Colony in Virginia, for the time being, from time to time, and at all times hereaf|ter, to minister such a formal Oath, as by their Discretion shall be reasonably devised, as well unto any Person or Persons, em|ployed in, for, or touching the said Plantation, for their honest, faithful, and just Discharge of their Service, in all such Matters, as shall be committed unto them for the Good and Benefit of the said Company, Colony, and Plantation; As also, unto such other Person or Persons, as the said Treasurer, or his Deputy, with Page  29 two others of the said Council, shall think meet, for the Examina|tion or clearing of the Truth, in any Cause whatsoever concern|ing the said Plantation, or any Business, from thence proceeding, or thereunto belonging.

XIV. AND furthermore, whereas we have been certified, that divers lewd and ill disposed Persons, both Sailers, Soldiers, Artificers, Husbandmen, Labourers, and others, having received Wages, * Apparel, and other Entertainment from the said Com|pany, or having contracted and agreed with the said Company, to go, or to serve or to be employed in the said Plantation of the said first Colony in Virginia, have afterwards, either with|drawn, hid, or concealed themselves, or have refused to go thi|ther, after they have been so entertained and agreed withal; And that divers and sundry Persons also, which have been sent and employed in the said Plantation of the said first Colony in Virginia, at and upon the Charge of the said Company, and aving there misbehaved themselves by Mutinies, Sedition, or other notorious Misdemeanors, or having been employed or sent abroad, by the Governor of Virginia or his Deputy, with some Ship or Pinnace, for our Provision of the said Colony, or for some Discovery, or other Business and Affairs, concerning the same, have from thence most treacherously, either come back again and returned into our Realm of England, by Stealth, or without Licence of our Governor of our said Colony in Virginia for the time being, or have been sent hither, as Misdoers and Offenders▪ And that many also of those Persons, after their R•••rn from thence, having been questioned by our said Council here, for such their Misbehaviors and Offences, by their insolent and con|temptuous Carriage in the Presence of our said Council, have shewed little Respect and Reverence, either to the Place, or Au|thority, in which we have placed and appointe them; And others, for the colouring of their Lewdness and Misdemeanors committed in Virginia, have endeavoured, by most vile and slanderous Reports, made and divulged, as well of the Country of Virginia, as also of the Government and Estate of the said Plantation and Colony, as much as in them lay, to bring the said Voyage and Plantation into Disgrace and Contempt; By Means whereof, not only the Adventurers and Plnters, already engged in the said Plantation, have been exceedingly abused and hinder|ed, and a great Number of other our loving and well-disposed Subjects, otherwise well-affected, and enclined to join and ad|venture in so noble, christian, and worthy an Action, have been discouraged from the same, but also the utter Overthrow and Ruin of the said Enterprise hath been greatly endangered, which cannot miscarry without some Dishonour to Us and our King|dom;

XV. NOW, forasmuch as it appeareth unto us, that these In|solences, Misdemeanors, and Abuses, not to be tolerated in any civil Government, have, for the most part, grown and proceed|ed, in regrd our said Council have not any dirct Power and Page  30 Authority, by any exprss Words in or ormer Letters Patents, to correct and chastise such Offenders; We therefore, for the more speedy Reformation of so great and enormous Abuses and Misdemeanors, heretofore practised and committed, and for the preventing of the like hereafter, do, by these Presents, for Us, our Heir, and Successors, GIVE AND GRANT to the said Trea|surer and Company, and their Successors, for ever, that it shall and may be lawful for our said Council for the said first Colony in Virginia, or any two of them (whereof the said Treasurer, or his Deputy, for the time being, to be always one) by Warrant under their Hands, to send for, or to cause to be apprehended, all and every such Person and Persons, who shall be noted, or accused, or found, at any time or times hereafter, to offend, or msbhve themselves, in any the Offences before mentioned and expressed; And upon the Examination of any such Offender or Offenders, and just Proof made by Oath, taken before the said Council, of any such notorious Misdemeanors by them com|mitted, as aforesaid; And also upon any insolent, and contemp|tuous, or indecent Carriage and Misbehaviour, to or against our said ouncil, shewed or used by any such Person or Persons, so called, convented, and appearing before them, as aforesaid▪ That in all such Cases, they, our said Council, or any two of them, for the time being, shall and may have full Power and Authority, either here to bind them over with good Sureties for their good Behaviour, and further therein to proceed, to all In|tents and Purposes, as it is used, in other like Cases, within our Realm of England; Or else, at their Discretions, to remand and send them back, the said Offenders, or any of them, unto the said Colony in Virginia, there to be proceeded against and pu|nished, as the Governor, Deputy, or Council there, for the time being, shll think meet▪ or otherwise, according to such Laws and Ordinances, as are and shall be in Use there, for the Well-ordering and good Government of the said Colony.

XVI. AND for the more effctual Advancing of the said Plan|tation, we do further, for Us, our Heirs, and Successors, of our espcial Grace and Favour, by Virtue of our Prerogative Royal, and by the Assent and Consent of the Lords and others of our Privy Council, GIVE and GRANT, unto the said Treasurer and Company, full Power and Authority, free Leave, Liberty, and Licence, to set forth, erect, and publish, one or more Lottery or Lotteries, to have Continuance, and to endure and be held, for the Space of our whole Year, next after the Opening of the same; And after the End and Expiration of the said Term, the said Lottery or Lotteries to continue and be further kept, during our Will and Pleasure only, and not otherwise. And yet never|theless, we are contented and pleased, for the Good and Welfare of the sid Plantation, that the said Treasurer and Company shall, for the Dispatch and Finishing of the said Lottery or Lot|teries, have six Months Warning after the said Year ended, be|fore our Will and Pleasure shll, for and on that Behalf, be con|strued, deemed, and adjudged, to be in any wise altered and de|termined.

Page  31XVII. AND our further Will and Pleasure is, that the said Lottery an Lotteries shall and my be opened and held, within our City of London, or in any other City or Town, or elsewhere, within this our Realm of England, with such Prizes, Articles, Conditions, and Limitations, as to them, the said Treasurer and Compny, in their Discretions, shall seem convenient:

XVIII. AND that it shall and may be lawful, to and for the said Treasurer and Company, to elect and choose Receivers, Auditors, Surveyors, Commissioners, or any other Officers what|soever, at their Will and Pleasure, for the better marshlling, disposing, guiding, and governing of the said Lottery and Lot|teries; And that it shall likewise be lawful, to and for the said Treasurer and any two of the said Council, to minister to all and every such Person, so elected and chosen for Officers, as afore|said, one or more Oths, for their good Behviour, just and true Dealing, in and about the said Lottery or Lotteries, to the In|tent and Purpose, that none of our loving Subjects, putting in their Names, or otherwise adventuring in the said gneral Lot|tery or Lotteries, may be, in any wise, defrauded and deceived of their said Monies, or evil and indirectly dealt withal in their said Adventures.

XIX. AND we further GRANT, in Manner and Form afore|said, that it shall and may be lawful, to and for the said Trea|surer and Company, under the Seal of our said Council for the Plantation, to publish▪ or to cause and procure to be published, by Prolamtion or otherwise (the said Proclamation to be made in their Name, by Virtue of these Present) the said Lottery or Lotteries, in all Cities, Towns, Burroughs, and other Places, within our said Realm of England; And we Will and ommand all * Mayors, Justices of Peace, Sherif, Bilifs, Constables, and other Officers and loving Subject, whatsoever, that, in no wise, they hinder or delay the Progress and Proce••|ings of the said Lottery or Lotteries, but be therein, touching the Premses, aiding and assisting, by all honest, good, and law|ful Means and Endeavours.

XX. AND further, our Will and Pleasure is, that in all Que|stions and Doubts, that shall arise, upon any Difficulty * of Con|struction or Interpretation of any thing, contained in thse, or any other our former Letters Patents, the same shall be taken and interpreted, in most ample and beneficial Manner for the said Treasurer and Company, and their Succssors, and every Mm|ber thereof.

XXI. AND lastly, we do, by these Presents, RATIFY AND CONIRM unto the said Treasurer and Company, and their Suc|cessors, for ever, all and all Manner of Privileges, Franchises, Liberties, Immunities, Preheminences, Profits, and Commodi|ties, whatsoever, granted unto them in any our former Letters Patents, and not in these Presents revoked, altered, changed, or abridged. ALTHOUGH express Mention of the true Yearly Va|lue o Certainty of the Premises, or any of them, or of any Page  32 other Gift or Grant, by Us or any of our Progenitors or Prede|cessors, to the aforesaid Treasurer and Company heretofore mde, in these Presents is not made; Or any Statute, Act, Ordinance, Provision, 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, not|withstanding.

IN WITNESS whereof we have caused these our Letters to be made Patents. Witness Ourself, at Westminster, the twelfth Day of March▪ in the ninth Year of our Reign of England, France, and Ireland, and of Scotland the five and fortieth.