The Three Charters of the Virginia Company of London. With Seven Related Documents; 1606-1621

ORDINANCE AND CONSTITUTION

March 9, 1607

An ordinance and constitution enlarging the number of our Councel for the two several Colonies and plantations in Virginia and America between 34 and 45 degrees of northerly latitude, and augmenting their authority for the better directing and ordering of such things as shall concerne the said Colonies.

James, by the grace of God, &c. Whereas wee, by our letters patents under our Great Seale of England bearing date the tenth day of April last past, have given licence to sundry our loving subjects named in the said letters patents and to their associates to deduce and conduct two several Colonies or plantations of sundry our loving people willing to abide and inhabit in certaine parts of Virginia and America with divers preheminences, priviledges, authorities and other things, as in and by the said letters patents more particularly it appeareth; and whereas wee, according to the effect and true meaning of the said letters patents, have by a former instrument, signed with our hand and signe manuel and sealed with our Privy Seal of our realme of England, established and ordained that our trusty and welbeloved Sir William Wade, Knight, our Lieutanant of our Tower of London; Sir Thomas Smith, Knight; Sir Walter Cope, Knight; Sir George Moor, Knight; Sir Francis Popeham, Knight; Sir Ferdinando Gorges, Knight; Sir John Trevor, Knight; Sir Henry Montague, Knight, Recorder of our citty of London; Sir William Rumney, Knight; John Dodderidge, Esqr., our Solicitor General; Thomas Warr, Esq.; John Eldred, of our city of London, merchant; Thomas James, of our citty of Bristol, merchant; and James Bagge, of Plymouth in our county of Devon, merchant; should be our Councel for all matters which should happen in Virginia or any the territories of America aforesaid, or any actions, businesse or causes for and concerning the same, which Councel is from time to time to be encreased, altered or changed att the nomination of us, our heires and successors, and att our and their will and pleasure; & whereas our said Councel have found by experience their number being but fourteen in all and most of them dispersed by reason of their several habitations far and remote the one from the other, and many of them in like manner far remote from our citty of London where, if need require, they may receive directions from us and our Privy Councel and from whence instructions and directions may be by them left and more readily given for the said Colonies; that when very needful occasion requireth there cannot be any competent number of them by any meanes be drawne together for consultation; for remedy whereof our said loving subjects of the several Colonies aforesaid have been humble suitors unto us and have to that purpose offered to our Royal consideration the names of certaine sage and discreet persons, & having with like humility entreated us that the said persons, or soe many of them as to us should seem good, might be added unto them and might (during our pleasure) be of our Councel for the foresaid Colonies of Virginia; wee therefore for the better establishing, disposing, orderring and directing of the said several Colonies within the degrees aforesaid, and of all such affaires, matters and things as shall touch and concerne the same, doe, by these presents signed with our hand and signe manuel and sealed with our Privy Seale of our realme of England, establish and ordaine that our trusty and welbeloved Sir Thomas Challonor, Knight; Sir Henry Nevil, Knight; Sir Fulks Grevil, Knight; Sir John Scot, Knight; Sir Robert Mansfield, Knight; Sir Oliver Cromwel, Knight; Sir Morrice Berkeley, Knight; Sir Edward Michelbourne, Knight; Sir Thomas Holcroft, Knight; Sir Thomas Smith, Knight, Clerk of our Privy Councel; Sir Robert Kelligrew, Knight; Sir Robert Croft, Knight; Sir George Copping, Knight; Sir Edwyn Sandys, Knight; Sir Thomas Row, Knight; and Sir Anthony Palmer, Knight; nominated unto us by and on the behalfe of the said First Colony; Sir Edward Hungerford, Knight; Sir John Mallet, Knight; Sir John Gilbert, Knight; Sir Thomas Freale, Knight; Sir Richard Hawkings, Knight; Sir Bartholomew Mitchel, Knight; Edward Seamour, Esq.; Bernard Greenville, Esq.; Edward Rogers, Esq.; and Matthew Sutcliffe, Doctor of Divinity; nominated to us by and on the behalfe of the said Second Colony, shall together with the persons formerly named, be our Councel for all matters which shall or may conduct to the aforesaid plantations or which shall happen in Virginia or any the territories of America between 34 & 45 degrees of northerly latitude from the aequinoctial line and the islands to the several Colonies limited and assigned, that is to say, the First Colony from 34 to 41 degrees of the said latitude, and the Second Colony between 38 and 45 degrees of the said latitude. And our further will and pleasure is, and by these presents for us, our heires and successors wee doe grant unto our said Councel of Virginia, that they or any twelve of them att the least, for the time being, whereof six att the least to be members of one of the said Colonies, and six more att the least to be members of the other Colony, shall have full power and authority to ordaine, nominate, elect and choose any other person or persons att their discretion to be and to serve as officer or officers to all offices and places that shall by them be thought fitt and requisite for the businesse and affaires of our said Councel and concerning the plantation or plantations aforesaid, and for the summoning, calling and assembling of the said Councel together when need shall require, or for summoning and calling before the said Councel any of the adventurors or others which shall passe on unto the said several Colonies to inhabit or to traffick there, or any other such like officer or officers which in time shall or may be found of use, behoofe or importance unto the Councel aforesaid. [And the said Council or any twelve of them as is aforesaid shall have full power and authority from time to time to continue or to alter or change the said officers and to elect and appoint others in their roomes and places, to make and ordain acts and ordinances for the better ordering, disposing and marshalling of the said several Colonies and the several adventurers or persons going to inhabit in the same several Colonies, or of any provision or provisions for the same, or for the direction of the officers aforesaid, or for the making of them to be subordinate or under jurisdiction one of another, and to do and execute all and every of their act and things which by any our grants or letters patents heretofore made they are warranted or authorised to do or execute so as always none of the said acts and ordinances or other things be contrary or repugnant to the true intent and meaning of our said letters patents granted for the plantation of the said several Colonies in Virginia and territories of America as aforesaid, or contrary to the laws and statutes in this our realm of England, or in derogation of our prerogative royal. Witness ourself at Westminster the ninth day of March (1607) in the year of our reign of England, France and Ireland the fourth, and of Scotland the fortieth, &c.][4 - Bracketed passage supplied from text in Hening.]

Virginia State Library, "Patents, No. 2, 1643-1651"; Hening, Vol. I, pp. 76-79.

THE SECOND CHARTER

May 23, 1609

James, by the grace of God [King of England, Scotland, France and Ireland, defender of the faith, etc.] To all [to whom these presents shall come, greeting.]

Whereas, at the humble suite and request of sondrie oure lovinge and well disposed subjects intendinge to deduce a colonie and to make habitacion and plantacion of sondrie of oure people in that parte of America comonlie called Virginia, and other part and territories in America either apperteyninge unto us or which are not actually possessed of anie Christian prince or people within certaine bound and regions, wee have formerly, by oure lettres patents bearinge date the tenth of Aprill in the fourth yeare of oure raigne of England, Fraunce, and Ireland, and the nine and thirtieth of Scotland, graunted to Sir Thomas Gates, Sir George Somers and others, for the more speedie accomplishment of the said plantacion and habitacion, that they shoulde devide themselves into twoe collonies—the one consistinge of divers Knights, gentlemen, merchaunts and others of our cittie of London, called the First Collonie; and the other of sondrie Knights, gentlemen and others of the citties of Bristoll, Exeter, the towne of Plymouth, and other places, called the Seccond Collonie—and have yielded and graunted maine and sondrie priviledges and liberties to each Collonie for their quiet setlinge and good government therein, as by the said lettres patents more at large appeareth.

Nowe, forasmuch as divers and sondrie of oure lovinge subjects, as well adventurers as planters, of the said First Collonie (which have alreadie engaged them selves in furtheringe the businesse of the said plantacion and doe further intende by the assistance of Almightie God to prosecute the same to a happie ende) have of late ben humble suiters unto us that, in respect of their great chardeges and the adventure of manie of their lives which they have hazarded in the said discoverie and plantacion of the said countrie, wee woulde be pleased to graunt them a further enlargement and explanacion of the said graunte, priviledge and liberties, and that suche counsellors and other officers maie be appointed amonngest them to manage and direct their affaires [as] are willinge and readie to adventure with them; as also whose dwellings are not so farr remote from the cittye of London but that they maie at convenient tymes be readie at hande to give advice and assistance upon all occacions requisite.

We, greatlie affectinge the effectual prosecucion and happie successe of the said plantacion and comendinge their good desires theirin, for their further encouragement in accomplishinge so excellent a worke, much pleasinge to God and profitable to oure Kingdomes, doe, of oure speciall grace and certeine knowledge and meere motion, for us, oure heires and successors, give, graunt and confirme to oure trustie and welbeloved subjects,

Robert, Earle of Salisburie [Salisbury][5 - All names in brackets supplied from text in Stith.]

Thomas, Earle of Suffolke [Suffolk]

Henrie, Earle of Southampton

William, Earle of Pembroke

[Henrie], Earle of Lincolne [Lincoln]

Henrie, Earle of Dorsett [Dorset]

Thomas, Earle of Exeter

Phillipp, Earle of Mountgommery

Robert, Lord Vicount Lisle

Theophilus, Lord Howard of Walden

James Mountague, Lord Bishopp of Bathe and Wells

Edward, Lord Zouche

Thomas, Lord Lawarr

Wiliam, Lord Mounteagle

Raphe, Lord Ewre

Edmond, Lord Sheffeild [Sheffield]

Grey, Lord Shandis [Chandois]

[Grey], Lord Compton

John, Lord Petre

John, Lord Stanhope

George, Lord Carew

Sir Humfrey Welde, Lord Mayor of London [Weld]

George Pertie, Esquire [Percie]

Sir Edward Cecill, Knight [Cecil]

Sir George Wharton, Knight

Frauncis West, Esquire

Sir William Waade, Knight [Wade]

Sir Henrie Nevill, Knight [Nevil]

Sir Thomas Smithe, Knight [Smith]

Sir Oliver Cromwell, Knight

Sir Peter Manwood, Knight

Sir Dru Drurie, Knight [Drury]

Sir John Scott, Knight [Scot]

Sir Thomas Challouer, Knight [Challoner]

Sir Robert Drurie, Knight [Drury]

Sir Anthonye Cope, Knight

Sir Horatio Veere, Knight [Vere]

Sir Edward Conwaie, Knight [Conway]

Sir William Browne [Brown]