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4th James 1st.

Ordinance

&c. en

cils.

Former

council

loving people, willing to abide and inhabit in certaine 1607. parts of Virginia and America, and divers preheminen- March 9, ces, 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 larging and ordained, that our trusty and wel-beloved Sir Willi- the counam Wade, knight, our Lieutenant 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, lors. Esqr. (b) our solicitor general, Thomas Warr, Esq. Jo'n 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 (c) be our councel for all matters which should (c) happen in Virginia or any territories of America aforesaid, or any actions, businesse or causes, for and concerning the same, which councel is from time to time to be increased, altered, or changed att the nomination of us, our heires and successors, and att our and their will and pleasure; and whereas our said councel have found by experience, their mumber being but fourteen in all, and most of them number. 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, (d) there cannot be any competent number of them, by any meenes 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 unto our royal consideration, the names of certaine sage and discreet persons, and having with the like humility entreated us, that the said per

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[b]"Knight," ancient records. [c]" shall," ancient records, [d] The word "requireth” not in ancient records.

Their

*1607. March 9.

4th James

1st.

&c. en

sons 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 Virgi nia, 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, Ordinance and things, as shall touch and concerne the same, doe by these presents, signed with our (e) hand and signe manuel, and sealed with our privy seale of our realme of England, establish and ordaine, that our trusty and well beloved Sir Thomas Challonor, knight, Sir Henry Nevil, knight, Sir Fulks Grevil, knight, Sir Jo'n Scot. knight, Additional Sir Robert Mansfield, knight, Sir Oliver Cromwell, knight, nominated Sir Morrice Berkeley, [f] knight, Sir Edward Michilby the 1st bourne, knight, Sir Thomas Holcroft, knight, Sir Thocolony.

larging the coun

cils.

councillors

mas Smith, knight, clerk of our privy councel, Sir Robert Kelligrew, knight, Sir Robert Croft, knight, Sir George Kopping, 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; By the 24. Sir Edward Hungerford, knight, Sir Jo'n Mallet, knight,

colony.

Any 12 may act.

Sir John Gilbert, knight, Sir Thomas Freake [g] knight, Sir Richard Hawkings, knight, Sir Bartholomew Mitchel, knight, Edward Seamour, Esq. Bernard Greenville, Esq. Edward Rodgers, 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 [h] conduct to the aforesaid plantations, or which shall happen in Virginia or any the territories of America, between thirty-four and forty-five degrees of northerly latitude from the æquinoctial line, and the Islands to the several colonies limited and assigned. That is to say, the first colony, from thirty-four to forty-one degrees of the said latitude, and the second colony between thirty-eight and forty-five 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

VARIOUS READINGS.

[e] “ Our,” not in ancient records. [ƒ]“ Barthley,” aneient records. [g] "Freale," ancient records

[h" May and shall,” ancient records.

March 9.

1st.

councils.

Their

er.

pow

their offi

att the least for the time being whereof six att the least 1607. 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, 4th James and choose any other person, or persons at 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 Ordinance for the businesse and affaires of our said councel, and con- &c. enlarg cerning the plantation or plantations aforesaid, and for ing the 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 (i) 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 (k) councel aforesaid (1) [And the said council or any twelve of them as is aforesaid shall have full power and authority from May time to time to continue or to alter or change the said of- change ficers 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 r 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, in the year of our reign of England, France and Ireland the fourth, and of Scotland the fortieth, &c.]

VARIOUS READINGS.

[i] « Over"—Ancient records. [k] « The" omitted in ancient records.

(1) From the beginning to the word “aforesaid” is taken from a MS. Record-Book in the land-office of Virginia; the remainder, from the ancient records of Virginia, before mentioned in note (a).

cers.

Second

rer and

company

nia.

Recital.

The Second Charter to the Treasurer and Company, for Virginia, erecting them into a Corporation and Body Politic, and for the further enlargement and explanation of the privileges of the said Company and First Colony of Virginia.

(Dated May 23d, 1609.

7 James 1st.-Stith's App.

No. 2.)

I. JAMES, by the grace of God, king of England, charter to Scotland, France, and Ireland, defender of the faith, &c. the treasu- To all, to whom these presents shall come, greeting. Whereas, at the humble suit and request of sundry our for Virgi- loving and well disposed subjects, intending to deduce a colony, and to make habitation and plantation of sundry our people, in that part of America, commonly called Virginia, and other parts and territories in America, either appertaining unto us, or which are not actually possessed of any christian prince or people, within certain bounds and regions. We have formerly by our letterspatents, bearing date the tenth day of April, in the fourth year of our reign of England, France, and Ireland, and of Scotland the nine and thirtieth, granted to sir Thomas Gates, sir George Somers, and others, for the more speedy accomplishment of the said plantation and habitation, that they should divide themselves into two Colonies (the one consisting of divers knights, gentlemen, merchants, and others, of our city of London, called the first colony; and the other consisting of divers knights, gentlemen, and others, of our cities of Bristol, Exeter, and town of Plimouth, and other places, called the second colony) and have yielded and granted many and sundry privileges and liberties to each colony, for their quiet settling and good government therein, as by the said letters-patents more at large appeareth:

And a peti

tion for a

II. Now, forasmuch as divers and sundry of our lovfurther en- ing subjects, as well adventurers, as planters, of the said largement first colony, which have already engaged themselves in and expla- furthering the business of the said colony and plantation, and do further intend, by the assistance of Almighty God,

nation

thereof.

1609.

May 238.

7th James

1st.

2d charter

to prosecute the same to a happy end, have of late been humble suitors unto us, that (in respect of their great charges and the adventure of many of their lives, which they have hazarded in the said discovery and plantation of the said country) we would be pleased to grant them a further enlargement and explanation of the said grant, privileges, and liberties, and that such counsellors, and other officers, may be appointed amongst them, to manage treasurer and direct their affairs, as are willing and ready to adventure with them, as also whose dwellings are not so far Virginia. remote from the city of London, but that they may, at convenient times, be ready at hand, to give their advice and assistance, upon all occasions requisite.

to the

and com

pany of

incorpora

III. We, greatly affecting the effectual prosecution and Company happy success of the said plantation, and commending ted. their good desires therein, for their further encouragement in accomplishing so excellent a work, much pleasing to God, and profitable to our kingdom, do, of our special grace and certain knowledge, and mere motion, for us, our heirs and successors, give, grant, and confirm, to our trusty and well beloved subjects, Robert, earl of Salisbury, Thomas, earl of Suffolk, Henry, earl of Southampton, William, earl of Pembroke, Henry, earl of Lincoln, earl of Dorset, Thomas, earl of Exeter, Philip, earl of Montgomery, Robert, Lord Viscount Lisle, Theophilus, Lord Howard of Walden, Janies Montague, Lord Bishop of Bath and Wells, Edward, Lord Zouche, Thomas, Lord Lawarr, William, Lord Mounteagle, Ralph, Lord Ewre, Edmond, Lord Sheffield, Grey, Lord Chandois, Lord Compton, John, Lord Petre, John, Lord Stanhope, George, Lord Carew, Sir Humphrey Weld, Lord Mayor of London, George Percie, Esq: Sir Edward Cecil, Knt. Sir George Wharton, Knt. Francis, West, Esq. Sir William Wade, Knt. Sir Henry Nevil, Knt. Sir Thomas Smith, Knt. Sir Oliver Cromwell, Knt. Sir Peter Manwood, Knt. Sir Drue Drury, Knt. Sir John Scot, Knt. Sir Thomas Challoner, Knt. Sir Robert Drury, Kut. Sir Anthony Cope, Knt. Sir Horatio Vere, Knt. Sir Edward Conway, Knt. Sir William Brown, Knt. Sir Maurice Berkeley, Knt. Sir Robert Mansel, Kut. Sir Amias Preston, Knt. Sir Thomas Gates, Knt. Sir Anthony Ashly, Knt. Sir Michael Sandys, Knt. Sir Henry Carey, Knt. Sir Stephen Soame, Knt. Sir Calisthenes Brooke, Knt. Sir Edward Michelborn, Knt. Sir John Ratcliffe, Knt.

L

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