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, Subsidy, or other Duty, unto Us... to be yielded or paid for the same.

XV. ALSO we do... DECLARE... that all and every the Persons, being our Subjects, which shall dwell and inhabit within every or any of the said several Colonies and Plantations, and every of their children, which shall happen to be born within any of the Limits and 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 said Dominions.

XVI. MOREOVER, our gracious Will and Pleasure is, and we do . . . declare and set forth, that if any Person or Persons, which shall be of any of the said Colonies and Plantations, or any other, which shall traffick to the said Colonies and Plantations, or any of them, shall, at any time or times hereafter, transport any Wares, Merchandises, or Commodities, out of any our Dominions, with a Pretence to land, sell, or otherwise dispose of the same, within any the Limits and Precincts of any the said 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 same, without the Licence of Us... in that Behalf first had and abtained; That then, all the Goods and Chattels of such Person or Persons, so offending and transporting, together with the said Ship or Vessel, wherein such Transportation was made, shall be forfeited to Us . . .

XVII. PROVIDED always, and our Will and Pleasure is, and we do hereby declare to all Christian Kings, Princes, and States, that if any Person or Persons, which shall hereafter be of any of the said several Colonies and Plantations, or any other, by his, their or any of their Licence and Appointment, shall, at any time or times hereafter, rob or spoil, by Sea or by Land, or do any Act of unjust and unlawful Hostility, to any the Subjects of Us...

or any the Subjects of any King, Prince, Ruler, Governor, or State, being then in League or Amity with Us . . ., and that upon such Injury, or upon just Complaint of such Prince, Ruler, Governor, or State, or their Subjects, We . . . 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 Robbery or Spoil, shall, within the Term to be limited by such Proclamations, make full Restitution or Satisfaction of all such Injuries done, so as the said Princes, or others, so complaining, may hold themselves fully satisfied. and contented; And that, if the said Person or Persons, having committed such Robbery or Spoil, shall not make, or cause to be made, Satisfaction accordingly, within such Time so to be limited, That then it shall be lawful to Us . . . to put the said Person or Persons, having committed such Robbery or Spoil, and their Procurers, Abetters, or Comforters, out of our Allegiance and Protection; And that it shall be lawful and free, for all Princes and others, to pursue with Hostility the said Offenders, and every of them, and their and every of their Procurers, Aiders, Abetters, and Comforters, in that Behalf.

...

XVIII. AND finally, we do . . . GRANT and agree, to and with the said Sir Thomas Gates [and others] . . ., and all others of the said first Colony, that We . . . ., upon Petition in that Behalf to be made, shall, by Letters-patent under the Great Seal of England, GIVE and GRANT unto such Persons, their Heirs, and Assigns, as the Council of that Colony, or the most Part of them, shall, for that Purpose nominate and assign, all the Lands, Tenements, and Hereditaments, which shall be within the Precincts limited for that Colony, as is aforesaid, To BE HOLDEN of Us, our Heirs, and Successors, as of our Manor at East-Greenwich in the County of Kent, in free and common Soccage only, and not in Capite:

XIX. [Tenure of land under the second colony as in Section XVIII.]

XX. ALL which Lands, Tenements, and Hereditaments, so to be passed by the said several Letters-patent, shall be sufficient Assurance from the said Patentees, so distributed and divided amongst the Undertakers for the Plantation of the said several Colonies, and such as shall make their Plantations in either of the said several Colonies, in such Manner and Form, and for such

Estates, as shall be ordered and set down by the Council of the said Colony, or the most Part of them, respectively, within which the same Lands, Tenements, and Hereditaments shall lye or be; Although express Mention of the true yearly Value or Certainty of the Premises, or any of them, or of any other Gifts or Grants, by Us or any of our Progenitors or Predecessors, to the aforesaid Sir Thomas Gates [and others]. . ., or any of them, heretofore made, in these Presents, is not made; Or any Statute, Act, Ordinance, or Provision, Proclamation, or Restraint, to the contrary hereof had, made, ordained, or any other Thing, Cause, or Matter whatsoever, in any wise notwithstanding. . . .

.

No. 2.

Second Charter of Virginia

May 23/June 2, 1609

IN January, 1609, Newport returned from Virginia, bringing various papers setting forth the condition of the colony. The first charter, in itself essentially experimental, had already proved defective; and this, together with the discouraging outlook for the Compar, led to an application for a new charter, with larger and more specific privileges. The first drafts of both the second and the third charters, annexed to the petitions, were probably drawn by Sir Edwin Sandys, but the final form in each case was the work of Sir Henry Hobart, attorney-general, and Sir Francis Bacon, solicitor-general. With the second charter the connection between the Plymouth Company and the London Company ceased, and the latter became a separate corporate body. REFERENCES. Text in Stith's History of Virginia (Sabin's ed., 1865), Appendix II. The Records of the Virginia Company of London, 1619-1624, have been edited by Susan M. Kingsbury; see also Brown's First Republic in America, 73-165.

[The charter begins with a recital of the grant of 1606, and continues:]

II. Now, forasmuch as divers and sundry of our loving Subjects, as well Adventurers, as Planters, of the said first Colony . . . 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 and direct their affairs, as are willing and ready to adventure with them, as also whose Dwellings are not so far 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.

III. WE . . . Do . . . GIVE, GRANT, and CONFIRM, to our trusty and well-beloved Subjects, Robert, Earl of Salisbury. [and others'] . . . ; AND to such, and so many, as they do, or shall hereafter, admit to be joined with them, in Form hereafter in these Presents expressed, whether they go in their Persons, to be Planters there in the said Plantation, or whether they go not, but adventure their Monies, Goods, or Chattels; THAT they shall be one Body or Commonalty perpetual, and shall have perpetual Succession, and one common Seal, to serve for the said Body or Commonalty; And that they, and thei: Successors, shall be KNOWN, CALLED, and INCORPORATED by the Name of, The Treasurer and Company of Adventurers and Planters of the City of London for the first Colony in Virginia:

VI. AND we do also . . . GIVE, GRANT and CONFIRM, unto the said Treasurer and Company, and their Successors, under the Reservations, Limitations, and Declarations, hereafter expressed, all those Lands, Countries, and 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 Coast, to the Northward two hundred Miles, and from 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 into the Land, throughout from Sea to Sea, West, and Northwest; And also all the Islands, lying within one hundred Miles, along the Coast of both Seas of the Precinct aforesaid..

...

VII. AND nevertheless, our Will and Pleasure is, and we do, by these Presents, charge, command, warrant, and authorise,

"The incorporators of this charter were 56 city companies of London and 659 persons; of whom 21 were peers, 96 knights, 11 doctors, ministers, etc., 53 captains, 28 esquires, 58 gentlemen, 110 merchants, and 282 citizens and others not classified." Brown's Genesis of the United States, I., 228, note 1. The list of incorporators is given in full by Brown. — ED.

that the said Treasurer and Company, or their Successors, or the major Part of them, which shall be present and assembled for that Purpose, shall, from time to time, under their Common Seal, DISTRIBUTE, convey, assign, and set over, such particular Portions of Lands, Tenements, and Hereditaments, by these Presents, formerly granted, unto such our loving Subjects, naturally born, or Denizens, or others, as well Adventurers as Planters, as by the said Company (upon a Commission of Survey and Distribution, executed and returned for that Purpose), shall be nominated, appointed, and allowed; Wherein our Will and Pleasure is, that Respect be had, as well of the Proportion of the Adventurer, as to the special Service, Hazard, Exploit, or Merit of any Person, so to be recompenced, advanced, or rewarded.

VIII. AND forasmuch, as the good and prosperous Success of the said Plantation cannot but chiefly depend, next under the Blessing of God, and the Support of our Royal Authority, upon the provident and good Direction of the whole Enterprize, by a careful and understanding Council, and that it is not convenient, that all the Adventurers shall be so often drawn to meet and assemble, as shall be requisite for them to have Meetings and Conference about the Affairs thereof; Therefore we DO ORDAIN, establish, and confirm, that there shall be perpetually one COUNCIL here resident, according to the Tenour of our former Letters

patents.

*

...

*

XIII. AND further . . we do... GIVE and GRANT full Power and Authority to our said Council, here resident, as well at this present Time, as hereafter from time to time, to nominate, make, constitute, ordain, and confirm, by such Name or Names, Stiles, as to them shall seem good, And likewise to revoke,

Stile

or

discharge, change, and alter, as well all and singular Governors, Officers, and Ministers, which already have been made, as also which hereafter shall be by them thought fit and needful to be made or used, for the Government of the said Colony and Plan

tation:

XIV. AND also to make, ordain, and establish all Manner of Orders, Laws, Directions, Instructions, Forms, and Ceremonies of Government and Magistracy, fit and necessary, for and concerning the Government of the said Colony and Plantation; And