The Three Charters of the Virginia Company of London Part 1

The Three Charters of the Virginia Company of London.

by Virginia 350th Anniversary Celebration Corporation.

INTRODUCTION

Historians may trace in the Royal charters issued to the Virginia Company of London a course of empire; a Company organized for profit by the ablest businessmen of their time--merchants, manufacturers, statesmen, and artists who bound themselves together in a joint stock enterprise. The historian may also find in the three charters here published a pattern for a parliamentary system and its development into the American form of government. He might even perceive the inception of a new society.

The origin of the joint stock company was probably primitive. Its later genesis may readily be seen in the medieval guild. It became an English inst.i.tution in its application by Sir Walter Raleigh to his magnificent adventures in both honest trade and romantic piracy.

The Company provided an agency for a.s.sembling adventure capital and supplying able management to enterprises of great moment. It offered an invitation to the industrious to partic.i.p.ate in the growing wealth and expanding power of the great English middle cla.s.s. It supplied an opportunity to small investors and it limited their liability. It was an adaptation by practical people to practical problems.

Subscribers, or shareholders, met in their quarterly courts to discuss the business of the Company and partic.i.p.ate in its management. These courts were the counterpart of our present day corporate stockholders'

meetings and were characterized by the same sort of discussions. King James could protest vehemently against the "democratical principles of the Company." He could see in their charters the final death warrant of feudalism. He could execute Raleigh "chiefly for giving satisfaction to the King of Spain." He could revoke the charters in 1624, but he could not stop the rising tide of representative inst.i.tutions nor darken the great vision of the liberal Elizabethans. A new day had dawned.

The General a.s.sembly which met at Jamestown in 1619 was the natural child of the Company. Some of the planters along the James River were shareholders in the Company. They had a voice in its management. In the management of the civil affairs of the Colony it was, therefore, logical that the plantations should elect their representatives to the local governing body. It was thus that the first freely elected parliament of a self-governing people in the Western World came into existence. Its principles were based on those of the corporation chartered and organized for profit by businessmen.

The three charters here published, changed successively to meet changing conditions, were the rules and the by-laws for the commercial, economic, and political development of a h.o.m.ogeneous, industrious English society in a land of opportunity. The princ.i.p.al authors and executors of the charters, Sir Thomas Smith and Sir Edwin and George Sandys, were businessmen. They were practical men. They found a practical way to a.s.semble capital and ability, and coordinate them in constructive enterprise.

A hundred years before the great Virginia adventure, Luther, Erasmus, and Columbus rang down the curtain on the weary and confined drama of the Middle Ages. Expanding horizons challenged man's vision and intellect. Great courage made Englishmen adventurers in all things.

The charters here presented are among the world's great doc.u.ments. The first which was drawn while Sir Edward c.o.ke was Lord Chief Justice is replete with certain traditional and feudal principles, reverence for the English common law and the supreme authority of the King and his agents. The second, princ.i.p.ally the work of the liberal Sir Edwin Sandys with the approving partic.i.p.ation of Sir Francis Bacon, great exponent of natural law, marks a transition from government by arbitrary royal authority to the concept that government rests on the consent of the governed and on the fundamental right of man to enjoy the fruits of his labor. Students may read in this charter the first principles of the American Const.i.tution. The third charter is an attempt to refine principles enunciated in the second in the light of experience. In addition to its political significance, the second charter proved a tremendous stimulus to the Virginia enterprise.

Gondomar, the Spanish Amba.s.sador, wrote to his King that "fourteen Counts and Barons have given 40,000 ducats, the merchants give much more and there is no poor little man or woman who is not willing to subscribe something." The landed aristocracy, gentry, merchants, and yeomen had joined in a company which they directed to provide capital and ability for a great enterprise.

The text of the three charters of the Virginia Company is taken from a contemporary copy recently discovered among the Chancery Rolls of the Public Record Office in London--contemporary enrollments "representing the official text of the charters kept in official custody," according to the Deputy Keeper, Mr. D. L. Evans. A photostatic copy of this ma.n.u.script is in possession of the Virginia State Library. Each charter was transcribed in England by Doctor Nellie J. M. Kerling for the editor's use.

Heretofore scholars have had access to the charters only through the text in William St.i.th's _The History of the First Discovery and Settlement of Virginia_ (Williamsburg, Printed by William Parks, 1747), in sources based upon this, or in Alexander Brown's _The Genesis of the United States_ (Boston, 1890).

No original of any of the charters is known to exist, although other copies of varying degrees of completeness have been located in England and on the continent. One copy, made with the authority of the Governor, Council, and House of Burgesses of the Colony, was used as evidence to support a pet.i.tion against Lord Culpeper's land grants. This is included in the Henry Coventry papers in the library of the Marquess of Bath at Longleat, Wiltshire, England (Vol. LXXVI, _Papers relating to Virginia, Barbados, and other Colonies, 1606-1675_). These doc.u.ments have been microfilmed by the American Council of Learned Societies, "British Ma.n.u.scripts Project." Many of them will soon be published by the Virginia Historical Society under the editorship of Dr. W. E. Washburn.

Another copy of the charters is in the Public Record Office, "Entry books of letters, commissions, instructions, charters, warrants, patents, grants, etc." (formerly "Record book No. LXXIX"), an abstract of which appears in the _Calendar of State Papers, Colonial Series_, Vol. I. Microfilm copies of this text are in the Library of Congress and the Virginia State Library. Other copies have recently been discovered in France and Spain by Dr. George Reese who has been employed by the Virginia 350th Anniversary Celebration Corporation to search foreign libraries for doc.u.mentary material pertinent to the study of 17th century Virginia. Ultimately, microfilm copies of these records will be made available to research libraries in the United States.

The seven accompanying doc.u.ments, included to ill.u.s.trate the practical rather than theoretical basis of the administration of the Colony, have been taken from the best available ma.n.u.script or printed source. These official papers, together with the three charters of the Virginia Company, may be termed the const.i.tutions and are the basic sources for the study of the Colony during the first fifteen years of its existence.

A few necessary liberties have been taken in transcribing these doc.u.ments: abbreviations and contractions have been spelled out, capitalization and punctuation have been adjusted according to modern usage and, to prevent possible confusion, certain letters used interchangeably (such as "i" and "j", "v" and "u") are employed according to twentieth century practice. In the text of the three charters, omitted words or phrases have been supplied in brackets from the text in St.i.th. Brackets are also employed to supply the name of an adventurer if there is any deviation in spelling between St.i.th and the ma.n.u.script version: _e.g._, "Sir Charles Willmott, Knight [Wilmot]."

This publication owes its issuance to the inspiration and leadership furnished by Dr. Earl G. Swem, Librarian Emeritus of the College of William and Mary. I should like also to acknowledge the faithful transcription of the text by Dr. Nellie J. N. Kerling, and the deep interest and active support of Dr. Gertrude R. B. Richards, who most patiently a.s.sisted in the transcription; also to Mr. Francis L.

Berkeley, Jr., Archivist of the Alderman Library, University of Virginia and to Mr. John M. Jennings, Director of the Virginia Historical Society. To Mr. James A. Servies, Reference Librarian of the Library of William and Mary College, has fallen the arduous and difficult task of a comparative, detailed study of all the texts in the different versions.

The printed text in these pages is from a typed copy by Mr. Servies, prepared with the most painstaking application, as the result of the comparison of copies transcribed by Dr. Kerling and Dr. Richards, and of the printed pages in St.i.th. The merit of an accurate and readable text must be ascribed to the industry and scholarly perception of Mr.

Servies.

SAMUEL M. BEMISS

THE THREE CHARTERS OF THE VIRGINIA COMPANY OF LONDON

THE FIRST CHARTER

APRIL 10, 1606

James, by the grace of G.o.d [King of England, Scotland, France, and Ireland, Defender of the Faith], etc. Whereas our loving and weldisposed subjects, Sir Thomas Gates and Sir George Somers, Knightes; Richarde Hackluit, Clarke, Prebendarie of Westminster; and Edwarde Maria Winghfeilde,[1] 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 lat.i.tude from the equinoctiall line and five and fortie degrees of the same lat.i.tude 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;

[Footnote 1: Throughout, this and the following two names are spelled as "Wingfield," "Hanham," and "Gilbert" in St.i.th.]

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 lat.i.tude all alongest the coaste of Virginia and coastes of America aforesaide; 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 lat.i.tude 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 n.o.ble a worke which may, by the providence of Almightie G.o.d, 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 G.o.d 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 lat.i.tude; 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 s.p.a.ce 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 s.p.a.ce 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 s.p.a.ce 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 lat.i.tude and five and fortie degrees of the same lat.i.tude; 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 s.p.a.ce 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 of theire firste plantacion and habitacion for the s.p.a.ce 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 s.p.a.ce 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.

[Ill.u.s.tration: Photo by T. L. Williams King James I from the painting by Paul Van Somer]

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 pa.s.se under the Privie Seale of our realme of Englande; eache of which Counsells shall consist of thirteene parsons[2] 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 pa.s.se 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.

[Footnote 2: _i.e._, "persons"]

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 pa.s.se currant there betwene the people of those severall Colonies for the more ease of traffique 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 a.s.sociates of the said Firste Colonie, and unto the said Thomas Hannam, Raleighe Gilberde, William Parker and George Popham, and theire a.s.sociates 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 s.p.a.ce 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 a.s.signed 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 Hachluit, and Edwarde Maria Winghfeilde, and to theire a.s.sociates of the saide Firste Colonie and plantacion, and to the saide Thomas Hannam, Raleighe Gilberde, William Parker and George Popham, and theire a.s.sociates 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 rest.i.tucion 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 procurers, aiders, abbettors and comforters in that behalfe.