The Second Virginia Charter
23 May 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 sundry our loving and well disposed subjects intending to deduce a colony and to make habitation and plantation of sundry of our people in that part of America commonly called Virginia, and other part and territories in America either apperteyning unto us or which are not actually possessed of any Christian prince or people within certain bound and regions, wee have formerly, by our letters patents bearing date the tenth of April in the fourth year of our reign of England, France, and Ireland, and the nine and thirtieth of Scotland, 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 of sundry Knights, gentlemen and others of the cities of Bristol, Exeter, the town of Plymouth, and other places, called the Second Colony and have yielded and granted main 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.

Now, forasmuch as divers and sundry of our loving subjects, as well adventurers as planters, of the said First Colony (which have already engaged them selves in furthering the businesse of the said plantation 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 plantation of the said countrie, wee woulde be pleased to grant them a further enlargement and explanacion of the said grante, priviledge and liberties, and that suche counsellors and other officers maie be appointed amonngest them to manage and direct their affaires [as] are willing 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 affecting the effectual prosecucion and happie successe of the said plantation and comending their good desires theirin, for their further encouragement in accomplishing so excellent a worke, much pleasing to God and profitable to our Kingdomes, doe, of our speciall grace and certeine knowledge and meere motion, for us, our heires and successors, give, grant and confirme to our trustie and welbeloved subjects, (See List of Subjects)

And to such and so manie as they doe or shall hereafter admitt to be joyned with them, in forme hereafter in theis presentes expressed, whether they goe in their persons to be planters there in the said plantation, or whether they goe not, but doe adventure their monys, goods or chattels, that they shall be one bodie or communaltie perpetuall and shall have perpetual succession and one common seale to serve for the saide bodie or communaltie; and that they and their successors shall be knowne, called and incorporated by the name of The Tresorer and Companie of Adventurers and Planters of the Citty of London for the Firste Colony in Virginia.

And that they and their successors shall be from hensforth, forever enabled to take, acquire and purchase, by the name aforesaid (licens for the same from us, our heires or successors first had and obtained) any manner of lands, tenements and hereditaments, goods and chattels, within our realme of England and dominion of Wales; and that they and their successors shall be likewise enabled, by the name aforesaid, to pleade and to be impleaded before any of our judges or justices, in any our courts, and in any accions or suits whatsoever.

And wee doe also, of our said speciall grace, certain knowl- edge and mere mocion, give, grannte and confirme unto the said Tresorer and Companie, and their successors, under the reservacions, limittacions and declaracions hereafter expressed, all those lands, countries and territories scituat, lieing and being in that place of America called Virginia, from the pointe of lande called Cape or Pointe Comfort all alonge the seacoste to the northward two hundred miles and from the said pointe of Cape Comfort all alonge the sea coast to the southward two hundred miles; and all that space and circuit of lande lieing from the sea coaste of the precinct aforesaid upp unto the lande, throughoute, from sea to sea, west and northwest; and also all the island being within one hundred miles alonge the coaste of bothe seas of the precincte aforesaid; togeather with all the soiles, groundes, havens and portes, mynes, aswell royall mynes of golde and silver as other mineralls, pearles and precious stones, quarries, woods, rivers, waters, fishings, comodities, jurisdictions, royalties, priviledges, franchisies and preheminences within the said territorie and the precincts there of whatsoever; and thereto or there abouts, both by sea and lande, being or in any sorte belonging or appertayning, and which wee by our letters patents maie or cann grante; and in as ample manner and sorte as wee or any our noble progenitors have heretofore granted to any companie, bodie pollitique or corporate, or to any adventurer or adventurers, undertaker or undertakers, of any discoveries, plantacions or traffique of, in, or into any forraine parts whatsoever; and in as large and ample manner as if the same were herin particulerly mentioned and expressed: to have, houlde, possesse and enjoye all and singuler the said landes, countries and territories with all and singuler other the premisses heretofore by theis [presents] granted or mencioned to be grannted, to them, the said Tresorer and Companie, their successors and assignes, forever; to the sole and proper use of them, the said Tresorer and Companie, their successors and assignes [forever], to be holden of us, our heires and successors, as of our mannour of Estgreenewich, in free and common socage and not in capite; yelding and paying, therefore, to us, our heires and successors, the fifte part onlie of all oare of gould and silver that from tvme to time, and at all times hereafter, shall be there gotton, had and obtained, for all manner of service.

And, nevertheles, our will and pleasure is, and wee doe by theis presentes chardge, commannde, warrant and auctorize, that the said Tresorer and Companie and 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 seale distribute, convey, assigne and set over such particuler porcions of lands, tenements and hereditaments, by theise presents formerly grannted, unto such our loving subjects naturallie borne of denizens, or others, aswell adventurers as planters, as by the said Companie, upon a commission of survey and distribucion executed and retourned for that purpose, shall be named, appointed and allowed, wherein our will and pleasure is, that respect be had as well of the proporcion of the adventure[r] as to the speciall service, hazarde, exploite or meritt of any person so as to be recompenced, advannced or rewarded.

And for as muche as the good and prosperous successe of the said plantation cannot but cheiflie depende, next under the blessing of God and the supporte of our royall aucthoritie, upon the provident and good direccion of the whole enterprise by a carefull and understanding Counsell, and that it is not convenient that all the adventurers shall be so often drawne to meete and assemble as shall be requisite for them to have metings and conference aboute theire affaires, therefore we doe ordaine, establishe and confirme that there shall be perpetually one Counsell here resident, according to the tenor of our former letters patents, which Counsell shall have a seale for the better governement and administracion of the said plantation besides the legall seale of the Companie or Corporacion, as in our former letters patents is also expressed.

And further wee establishe and ordaine that

shall be our Counsell for the said Companie of Adventurers and Planters in Virginia.

And the said Sir Thomas Smith wee ordaine to be Tresorer of the said Companie, which Tresorer shall have aucthoritie to give order for the warning of the Counsell and sommoning the Companie to their courts and meetings.

And the said Counsell and Tresorer or any of them shall be from henceforth nominated, chosen, contynued, displaced, chaunged, altered and supplied, as death or other severall occasions shall require, out of the Companie of the said adventurers by the voice of the greater part of the said Counsell and adventurers in their assemblie for that purpose; provided alwaies that everie Councellor so newlie elected shall be presented to the Lord Channcellor of England, or to the Lord Highe Treasurer of England, or the Lord Chambleyne of the housholde of us, our heires and successors, for the tyme being to take his oathe of a Counsellor to us, our heires and successors, for the said Companie and Colony in Virginia.

And wee doe by theis presents, of our especiall grace, certain knowledge and meere motion, for us, our heires and successors, grannte unto the said Tresorer and Companie and their successors, that if it happen at any time or times the Tresorer for the tyme being to be sick, or to have any such cause of absente from the city of London as shall be allowed by the said Counsell or the greater part of them assembled, so as he cannot attende the affaires of that Companie, in everie such case it shall and maie be lawfull for such Tresorer for the tyme being to assigne, constitute and appointe one of the Counsell for Companie to be likewise allowed by the Counsell or the greater part of them assembled to be the deputie Tresorer for the said Companie; which Deputie shall have power to doe and execute all things which belonge to the said Tresorer during such tyme as such Tresorer shall be sick or otherwise absent, upon cause allowed of by the said Counsell or the major part of them as aforesaid, so fullie and wholie and in as large and ample manner and forme and to all intents and purposes as the said Tresorer if he were present himselfe maie or might doe and execute the same.

And further of our especiall grace, certain knowledge and meere mocion, for us, our heires and successors, wee doe by theis presents give and grannt full power and aucthoritie to our said Counsell here resident aswell at this present tyme as hereafter, from time to time, to nominate, make, constitute, ordaine and confirme by such name or names, stile or stiles as to them shall seeme good, and likewise to revoke, dischardge, channge and alter aswell all and singuler governors, oficers and ministers which alreadie hath ben made, as also which hereafter shall be by them thought fitt and meedefull to be made or used for the government of the said Colony and plantation.

And also to make, ordaine and establishe all manner of orders, lawes, directions, instructions, formes and ceremonies of government and magistracie, fitt and necessarie, for and concerning the government of the said Colony and plantation; and the same att all tymes hereafter to abrogate, revoke or chaunge, not onely within the precincts of the said Colony but also upon the seas in goeing and coming to and from the said Colony, as they in their good discrecions shall thinke to be fittest for [the] good of the adventurers and inhabiters there.

And we doe also declare that for divers reasons and consideracions us thereunto especiallie moving, our will and pleasure is and wee doe hereby ordaine that imediatlie from and after such time as any such governour or principall officer so to be nominated and appointed by our said Counsell for the governement of the said Colony, as aforesaid, shall arive in Virginia and give notice unto the Colony there resident of our pleasure in this behalfe, the government, power and aucthority of the President and Counsell, heretofore by our former letters patents there established, and all lawes and constitucions by them formerlie made, shall utterly cease and be determined; and all officers, governours and ministers formerly constituted or appointed shall be dischardged, any thing in our said former letters patents conserning the said plantation contayned in aniewise to the contrarie notwithstanding; streightlie chardging and commaunding the President and Counsell now resident in the said Colony upon their alleadgiance after knowledge given unto them of our will and pleasure by theis presentes signified and declared, that they forth with be obedient to such governor or governers as by our said Counsell here resident shall be named and appointed as aforesaid; and to all direccions, orders and commandements which they shall receive from them, aswell in the present resigning and giveing upp of their aucthoritie, offices, chardg and places, as in all other attendannce as shall be by them from time to time required.

And wee doe further by theis presentes ordaine and establishe that the said Tresorer and Counsell here resident, and their successors or any fower of them assembled (the Tresorer being one), shall from time to time have full power and aucthoritie to admitt and receive any other person into their companie, corporacion and freedome; and further, in a generall assemblie of the adventurers, with the consent of the greater part upon good cause, to disfranchise and putt oute any person or persons oute of the said fredome and Companie.

And wee doe also grannt and confirme for us, our heires and successors that it shall be lawfull for the said Tresorer and Companie and their successors, by direccion of the Governors there, to digg and to serche for all manner of mynes of goulde, silver, copper, iron, leade, tinne and other mineralls aswell within the precincts aforesaid as within any part of the main lande not formerly granted to any other; and to have and enjoye the gould, silver, copper, iron, leade, and tinn, and all other mineralls to be gotten thereby, to the use and behoofe of the said Companie of Planters and Adventurers, yelding therefore and paying yerelie unto us, our heires and successors, as aforesaid.

And wee doe further of our speciall grace, certain knowledge and meere motion, for us, our heires and successors, grannt, by theis presents to and withe the said Tresorer and Companie and their successors, that it shall be lawfull and free for them and their assignes at all and everie time and times here after, oute of our realme of England and oute of all other [our] dominions, to take and leade into the said voyage, and for and towards the said plantation, and to travell thitherwards and to abide and inhabite therein the said Colony and plantation, all such and so manie of our loving subjects, or any other straungers that wilbecomme our loving subjects and live under our allegiance, as shall willinglie accompanie them in the said voyadge and plantation with sufficient shipping armour, weapons, ordinannce, municion, powder, shott, victualls, and such merchaundize or wares as are esteemed by the wilde people in those parts, clothing, implements, furnitures, catle, horses and mares, and all other things necessarie for the said plantation and for their use and defence and trade with the people there, and in passing and retourning to and from without yelding or paying subsedie, custome, imposicion, or any other taxe or duties to us, our heires or successors, for the space of seaven years from the date of theis presents; provided, that none of the said persons be such as shall be hereafter by speciall name restrained by us, our heires or successors.

And for their further encouragement, of our speciall grace and favour, wee doe by theis present for us, our heires and successors, yeild and grante to and with the said Tresorer and Companie and their successors and everie of them, their factors and assignes, that they and every of them shall be free and quiett of all subsedies and customes in Virginia for the space of one and twentie yeres, and from all taxes and imposicions for ever, upon any goods or merchaundizes at any time or times hereafter, either upon importation thither or exportation from thence into our realme of England or into any other of our [realms or] dominions, by the said Tresorer and Companie and their successors, their deputies, factors [or] assignes or any of them, except onlie the five pound per centum due for custome upon all such good and merchanndizes as shall be brought or imported into our realme of England or any other of theis our dominions according to the auncient trade of merchannts, which five poundes per centum onely being paid, it shall be thensforth lawfull and free for the said Adventurers the same goods [and] merchaundizes to export and carrie oute of our said dominions into forraine partes without any custome, taxe or other duty tO be paide to us our heires or successors or to any other our officers or deputies; provided, that the saide goods and merchaundizes be shipped out within thirteene monethes after their first landing within any part of those dominions.

And wee doe also confirme and grannt to the said Tresorer and Companie, and their successors, as also to all and everie such governer or other officers and ministers as by our said Counsell shall be appointed, to have power and aucthoritie of governement and commannd in or over the said Colony or plantation; that they and everie of them shall and lawfullie maie from tyme to tyme and at all tymes forever hereafter, for their severall defence and safetie, enconnter, expulse, repell and resist by force and armes, aswell by sea as by land, and all waies and meanes whatsoever, all and everie such person and persons whatsoever as without the speciall licens of the said Tresorer and Companie and their successors shall attempte to inhabite within the said severall precincts and lymitts of the said Colony and plantation; and also, all and everie such person and persons whatsoever as shall enterprise, or attempte at any time hereafter, destruccion, invasion, hurte, detriment or annoyannce to the said Colony and plantation, as is likewise specified in the said former grannte.

And that it shall be lawful for the said Tresorer and Companie, and their successors and everie of them, from time to time and at all times hereafter, and they shall have full power and aucthoritie, to take and surprise by all waies and meanes whatsoever all and everie person and persons whatsoever, with their shippes, goods and other furniture, traffiquing in any harbor, creeke or place within the limitts or precincts of the said Colony and plantation, [not] being allowed by the said Companie to be adventurers or planters of the said Colony, untill such time as they being of any realmes or dominions under our obedience shall paie or agree to paie, to the hands of the Tresorer or [of] some other officer deputed by the said governors in Virginia (over and above such subsedie and custome as the said Companie is or here after shall be to paie) five poundes per centum upon all goods and merchaundizes soe brought in thither, and also five per centum upon all goods by them shipped oute from thence; and being straungers and not under our obedience untill they have payed (over and above such subsedie and custome as the same Tresorer and Companie and their successors is or hereafter shall be to paie) tenn pounds per centum upon all such goods, likewise carried in and oute, any thing in the former letters patents to the contrarie not withstanding; and the same sommes of monie and benefitt as aforesaid for and during the space of one and twentie years shall be wholie imploied to the benefitt and behoof of the said Colony and plantation; and after the saide one and twentie years ended, the same shall be taken to the use of us, our heires or successors, by such officer and minister as by us, our heires or successors, shall be thereunto assigned and appointed, as is specified in the said former letters patents.

Also wee doe, for us, our heires and successors, declare by theis presents, that all and everie the persons being our subjects which shall goe and inhabit within the said Colony and plantation, and everie of their children and posteritie which shall happen to be borne within [any] the lymitts thereof, shall have [and] enjoye all liberties, franchesies and immunities of free denizens and naturall subjects within any of our other dominions to all intents and purposes as if they had bine abiding and borne within this our kingdome of England or in any other of our dominions.

And forasmuch as it shall be necessarie for all such our loving subjects as shall inhabitt within the said precincts of Virginia aforesaid to determine to live togither in the feare and true woorshipp of Almightie God, Christian peace and civill quietnes, each with other, whereby everie one maie with more safety, pleasure and profitt enjoye that where unto they shall attaine with great paine and perill, wee, for us, our heires and successors, are likewise pleased and contented and by theis presents doe give and grante unto the said Tresorer and Companie and their successors and to such governors, officers and ministers as shall be, by our said Councell, constituted and appointed, according to the natures and lymitts of their offices and places respectively, that they shall and maie from time to time for ever hereafter, within the said precincts of Virginia or in the waie by the seas thither and from thence, have full and absolute power and aucthority to correct, punishe, pardon, governe and rule all such the subjects of us, our heires and successors as shall from time to time adventure themselves in any voiadge thither or that shall at any tyme hereafter inhabitt in the precincts and territorie of the said Colony as aforesaid, according to such order, ordinaunces, constitution, directions and instruccions as by our said Counsell, as aforesaid, shall be established; and in defect thereof, in case of necessitie according to the good discretions of the said governours and officers respectively, aswell in cases capitall and criminall as civill, both marine and other, so alwaies as the said statuts, ordinannces and proceedings as neere as convenientlie maie be, be agreable to the lawes, statutes, government and pollicie of this our realme of England.

And we doe further of our speciall grace, certeine knowledge and mere mocion, grant, declare and ordaine that such principall governour as from time to time shall dulie and lawfullie be aucthorised and appointed, in manner and forme in theis presents heretofore expressed, shall [have] full power and aucthoritie to use and exercise marshall lawe in cases of rebellion or mutiny in as large and ample manner as our leiutenant in our counties within our realme of England have or ought to have by force of their comissions of lieutenancy. And furthermore, if any person or persons, adventurers or planters, of the said Colony, or any other at any time or times hereafter, shall transporte any monys, goods or marchaundizes oute of any [of] our kingdomes with a pretence or purpose to lande, sell or otherwise dispose the same within the lymitts and bounds of the said Colony, and yet nevertheles being at sea or after he hath landed within any part of the said Colony shall carrie the same into any other forraine Countrie, with a purpose there to sell and dispose there of that, then all the goods and chattels of the said person or persons so offending and transported, together with the shipp or vessell wherein such transportacion was made, shall be forfeited to us, our heires and successors.

And further, our will and pleasure is, that in all questions and doubts that shall arrise upon any difficultie of construccion or interpretacion of any thing contained either in this or in our said former letters patents, the same shall be taken and interpreted in most ample and beneficiall manner for the said Tresorer and Companie and their successors and everie member there of.

And further, wee doe by theis presents ratifie and confirme unto the said Tresorer and Companie and their successors all privuleges, franchesies, liberties and immunties granted in our said former letters patents and not in theis our letters patents revoked, altered, channged or abridged.

And finallie, our will and pleasure is and wee doe further hereby for us, our heires and successors grannte and agree, to and with the said Tresorer and Companie and their successors, that all and singuler person and persons which shall at any time or times hereafter adventure any somme or sommes of money in and towards the said plantation of the said Colony in Virginia and shall be admitted by the said Counsell and Companie as adventurers of the said Colony, in forme aforesaid, and shall be enrolled in the booke or record of the adventurers of the said Company, shall and maie be accompted, accepted, taken, helde and reputed Adventurers of the said Colony and shall and maie enjoye all and singuler grannts, priviledges, liberties, benefitts, profitts, commodities [and immunities], advantages and emoluments whatsoever as fullie, largely, amplie and absolutely as if they and everie of them had ben precisely, plainely, singulerly and distinctly named and inserted in theis our letters patents.

And lastely, because the principall effect which wee cann desier or expect of this action is the conversion and reduccion of the people in those partes unto the true worshipp of God and Christian religion, in which respect wee would be lothe that any person should be permitted to passe that wee suspected to affect the superstitions of the Churche of Rome, wee doe hereby declare that it is our will and pleasure that none be permitted to passe in any voiadge from time to time to be made into the saide countrie but such as firste shall have taken the oath of supremacie, for which purpose wee doe by theise presents give full power and aucthoritie to the Tresorer for the time being, and any three of the Counsell, to tender and exhibite the said oath to all such persons as shall at any time be sent and imploied in the said voiadge.

Although expresse 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 Treasurer and Company heretofore made, in these presents is not made; or any act, statute, ordinance, provision, proclamation, or restraint, to the contrary hereof had, made, ordained, or provided, or any other thing, cause, or matter, whatsoever, in any wise notwithstanding.] In witnes whereof [we have caused these our letters to be made patent. Witness ourself at Westminster, the 23d day of May (1609) in the seventh year of our reign of England, France, and Ireland, and of Scotland the ****]

Per ipsum Regem exactum.
 

British Public Record Office, Chancery Patent Rolls (c. 66), 1796, 5; William Stith, The History of the First Discovery and Settlement of Virginia (Williamsburg, Printed by William Parks, 1747; New York, 1865), Appendix, pp. 8-22 (1-32 in 1865 edition); William Waller Hening, comp., The Statutes at Large; Being a Collection of All the Laws of Virginia, From the First Session of the Legislature, in the Year 1619 (13 vols., Richmond, 1809-23), I, 80-98. Hening obtained the full charter texts from Stith.

Last Revised: 20 Nov 2001