« PreviousContinue »
ing to their best discretion, and the discretion of the Couns cil of that colony; and that none of our subjects fhall be pera · mitted, or suffered, to plant or inhabit behind, or on the back of them, towards the main land, without the express licence of the Council of that colony, in writing there
unto first had and obtained. . Provided VI. Provided always, and our will and pleasure herein is, that the set- that the plantation and habitation of such of the said colonies, that fhall be as fhalt last plant themselves, as aforesaid, shall not be made last made within one hundred like English miles of the other of them, ihall be more that first began to make their plantation, as aforesaid. ; than 100 miles dif- '
lite VII. And we do also ordain, establish, and agree, for us, tant from our heirs, and successors, that each of the said colonies fhalt the first. have a council, which shall govern and order all matters and Each of causes, which shall arise, grow, or happen, to or within the
he same several colonies, according to fuch laws, ordinances, nies shall be governed by and instructions, as shall be, in that behalf, given and signed à council of with our hand or sign manual, and pass under the privy seal 13 persons of our ren
ons of our realm of England; each of which Councils shall con. appointed by the king; fift of thirteen perfons, to be ordained, made, and removed,
from time to time, according as shall be directed and comthese coun- prised in the same inftructions ; and shall have à several feal, cils thall for all matters that shall pass or concern the the same several have seals.
Councils; each of which feals fhall have the king's arms engraven on the one fide thereof, and his portraiture on the ocher; and that the feal for the Council of the said first colony hall have engraven round about, on the one fide, these words ; Sigillum Regis Magnæ Britannia, Fränciæ, & Hiberniæ; on the other fide this inscription, round about, Pro Concilio primæ Coloniæ Virginia. And the seal for the Council of the said second colony shall also have engraven round about the one fide thereof, the aforesaid words ; Sigillum Regis Magnæ Britannia, Francic, & Hibernia; and On
the other side; Pro Concilio fecundæ Colonia Virginia A fuperior VIII. And that also there shall be a Council established council of here in England, which fhall, in like manner, confift of 13 persons thirteen persons, to be, for that purpose, appointed by us, residing in
d." our heirs and fucceffors, which shall be called our Council appointedby of Virginia ; and shall, from time to time, have the superior the king. managing and direction, only of and for all matters that fall
or may concern the government, as well of the said several colonies, as of and for any other part or place, within the aforesaid precincts of four-and-thirty and five-and-forty degrees, above-mentioned ; which Council fhall, in like manner, have a seal, for matters concerning the Council of
er, and a
and the file the fifth paielding therefore fame colonia
colonies, with the like arms and portraiture, as aforesaid, with this inscription, engraven round about on the one fide; Sigillum Regis Magne Britannia, Franciæ, & Hibernia; and round about the other fidé, Pro Concilio fuo Virginia." ? IX. And moreover, we do grant and agree, for us, our Liberty to heirs and successors, that the said several Councils, of and work all for the faid several colonies, fhall and lawfully may, by
py gold and filvirtue hereof, from time to time, without any interruption vet in said of us, our beirs or fucceffors, give and take order, to dig, coloniespaymine, and fearch for all manner of mines of gold, silver, and
oing to the
mu king a fifth copper, as well within any part of their faid several colonies, part of the as of the said main lands on the backfide of the fame colonies ; gold and filand to have and enjoy the gold, silver, and copper, to be gotten,
's fifteenth of thereof, to the use and behoof of the fame colonies, and the the copper plantations thereof; yielding therefore, to us, our heirs and ... fucceffors, the fifth part only of all the same gold and filver, and the filteenth part of all the same copper, so to be gotten or had, as is aforesaid, without any other manner of profit or account, to be given or yielded to us, our heirs, or fuco, ceffors, for or in respect of the fame.. .
X. And that they shall, or lawfully may, establish and Power toercause to be made a coin, to pass current there between the tablish coins people of those several colonies, for the more ease of traffic for thole com and bargaining between and amongst them and the natives there, of such metal, and in such manner and form, as the said several Councils there shall limit and appoint.
XI. And we do likewise, for us, our heirs, and suc- Power to cessors, 'by these prefents, give full power and authority to carry out the faid Sir Thomas Gates, Sir George Somers, Richard the king's
!subjects to Hackluit, Edward-Maria Wingfield, Thomas Hanham, fetile the Ralegh Gilbert, William Parker, and George Popham, said coloand to every of them, and to the faid several companies, nies. plantations, and colonies, that they, and every of them, shall and may, at all and every time and times hereafter, have, take, and lead in the said voyage, and for and towards the said several plantations and colonies, and to travel thi. therward, and to abide and inhabit there, in every the faid colonies and plantations, such and so many of our subjects, as shall willingly accompany them, or any of them, in the faid voyages and plantations; with fufficient shipping, and furniture of armour, weapons, ordnance, powder, victual, and all other things, necessary for the said plantations, and for their use and defence there : Provided always, that none of the said persons be such, as shall hereafter be specially restrained by us, our heirs, or successors...
ease of traffic lonies.
Power to re- XII. Moreover, we do, by these presents, for us, our heirs, lift and ex. pel all in
ex. and successors, give and grant licence unto the said Sir Thomas truders into Gates, Sir George Somers, Richard Hackluit, Edward-Maria the said co- Wingfield, Thomas Hanham, Ralegh Gilbert, William ParJanies.
ker, and George Popham, and to every of the said colonies, that they, and every of them, shall and may, from time to time, and at all times for ever hereafter, for their several defences, encounter, expulse, repel, and resist, as well by sea as by land, by all ways and means whatsoever, all and every such person and persons, as without the especial licence of the said several colonies and plantations, shall attempt to inhabit within the said several precincts and limits of the said several colonies and plantations, or any of them, or that shall enterprise or attempt, at any time hereafter, the hurt, detriment, or annoyance, of the said several
colonies or plantations. Power to XIII. Giving and granting, by these presents, unto the raise two & faid Sir Thomas Gates, Sir George Somers, Richard Hack,
balt per luit, Edward-Maria Wingfield, and their associates of the cent, upon all goods said first colony, and unto the said Thomas Hanham, Ralegh imported Gilbert, William Parker, and George Popham, and their the King's a
hoy associates of the said second colony, and to every of them, fubjects, & from time to time, and at all times for ever hereafter, power 5 per centand authority to take and surprise, by all ways and means upon those whoer
whatsoever, all and every person and persons, with their imported by strangers. ers." Thips, vessels, goods, and other furniture, which shall be
found trafficking, into any harbour or harbours, creek or creeks, or place, within the limits or precincts of the said several colonies and plantations, not being of the same colony, until such time, as they, being of any realms or dominions under our obedience, shall pay, or agree to pay, to the hands of the treasurer of that colony, within whose limits and precincts they shall so traffic, two and a half upon every hundred, of any thing so by them trafficked, bought or fold; and being strangers, and not subjects under our obeysance, until they shall pay five upon every hundred, of such wares and merchandizes, as they shall traffic, buy, or sell, within the precincts of the said several colonies, wherein they shall fo traffic, buy, or sell, as aforesaid ; which sums of money, or benefit, as aforesaid, for and during the space of one-andtwenty years, next ensuing the date hereof, shall be wholly employed to the use, benefit, and behoof of the said several plantations, where such traffic shall be made; and after the said one-and-twenty years ended, the same shall be taken to the use of us, our heirs, and successors, by such officers and ministers, as by us, our heirs, and successors, shall be there unto affigned or appointed.
· XIV. And.we do further by these presents, for us, our Liberty to
heirs and successors, give and grant unto the said Sir Thomas carry goods, Gates, Sir George Somers, Richard Hackluit, and Edward-in
Colonies Maria Wingfield; and to their associates of the said first co- from the ·lony and plantation, and to the said Thomas Hanham, Ralegh King's Gilbert, William Parker, and George Popham, and their ar-o
anions free fociates of the said fecond colony and plantation, that they, from custom and every of them, by their deputies, ministers, and factors, for 7 years. may transport the goods, chattels; armour, munition, and furniture, needful to be used by them, for their said apparel, food, defence, or otherwise, in respect of the said plantations, out of our realms of England and Ireland, and all other our dominions, from time to time, for and during the time of seven years, next ensuing the date hereof, for the better relief of the said several colonies and plantations, without any custom, fübfidy, or other duty, unto us, our heirs, or successors, to be yielded or paid for the same. • XV. Also we do, wir us, our heirs, and succeffors, declare, General de
?nization of by these presents, that all and every the persons, being our aiz luch subjects, which hall dwell and inhabit within every or any fons as thall of the said several colonies and plantations, and every of their be born in children, which shall happen to be born within any the limits thole Coloand precincts of the said several colonies and plantations, shall have and enjoy all liberties, franchises, and immunities, within any of our other dominions, to all intents and purposes, as if they had been abiding and born within this our realm of England, or any other of our faid dominions.
ŠVI. Moreover, our gracious will and pleasure is, and Persons we do, by these presents, for us, our heirs, and succeffors, who, under
· pretence declare and set forth, that if any person or persons, which of trading to shall be of any of the said colonies and plantations, or any these Coloother, which shall traffic to the said colonies and plantations, ni or any of them, shall, at any time or times hereafter, tranf. into foreign port any wares, merchandizes, or commodities, out of any of countries, our dominions, with a pretence to land, sell, or otherwire'dir. hall forfeit pose of the same, within any the limits and precincts of any and goods.. the faid colonies and plantations, and yet nevertheless, being 'at sea, or after he hath landed the same within any of the said colonies and plantations, shall carry the same into any other foreign country, with a purpose there to sell or dispose of the fame, without the licence of us, our heirs and successors, in that behalf first had and obtained ; that then, all the goods ' .' and chattels of such person or persons, so offending and transa porting, together with the said ship or vessel, wherein such,
rell, or otherwise dil- their ships
transportation was made, shall be forfeited to us, our heirs
and successors. Provifion in XVII. Provided always, and our will and pleasure is, and cáse any of we do hereby declare to all christian kings, princes and the inhabi. ants of states, that if any person or persons, which shall hereafter be hefe Colo- of any of the said several colonies and plantations, or any nies Mall other, by his, their, or any of their licence and appointment,
ny other of thall, at any time or times hereafter, rób or spoil, by fea or the King's by land, or do any act of unjust and unlawful hoftility, to subjects, or any the subjects of us, our heirs, or fucceffors, or any the of any Prince subjects of any king, prince, ruler, governor, or state, being or State in then in league or amity with us, our heirs or succeffors, and amity with that upon such injury, or upon just complaint of such prince, England.
ruler, governor, or itate, or their subjects, We, our heirs, or successors, shall make open proclamation within any of the ports of our realm of England, commodious for that purpose, that the said person or persons, having committed any such robo bery orspoil, shall, within the term to te limited by such procla. mations, make full reftitution or fatisfaction of all fuch injuries done, so as the said princes, or others, so complaining, may hold themselves fully fatisfied and contented; and, that if the said person or persons, having committed fuch robbery or spoil, shall not make, or cause to be made, fatisfaction accordingly, within fuch time fo to be limited, that then it shall be lawful to us, our heirs, and fucceffors, to put the said person or persons, having committed fuch robbery or fpoil, and their procurors, abettors, or comforters, out of our allegiance and protection ; and that it shall be lawful and free, for all princes and others, to pursue with hoftility the faid offenders, and every of them, and their and every of their procurers, aiders, abettors, and comforters in that
behalf. Promise to XVIII. And finally, we do, for us, our heirs and fucgrant the cessors, grant and agree, to and with the said Sir Thomas lands that Thall be o. Gates, Sir George Somers, Richard Hackluit, and Edward. cupied by Maria Wingfield, and all others of the said first colony, that the firft co. We, our heirs and successors, upon petition in that behalf
touch to be made, fhall, by letters patent under the great feal of persons as thall be ap- England, give and grant, unto such persons, their heirs and pointed for afsigns, as the council of that colony, or the most part of by the
spose them, shall, for that purpose, nominate and affign, all the Council of lands, tenements, and hereditaments, which shall be within thatColony. the precincts limited for that colony, as is aforesaid, to be holden 'of us, our heirs, and fucceffors, as of our manor of