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Havens, Ports, Rivers, Woods, Mines, Minerals, Marshes, Waters, Fishings, Commodities, and Hereditaments, whatsoever, from the same fifty Miles every way on the Sea Coast, directly into the main Land, by the Space of one hundred like English Miles; And shall and may inhabit and remain there; and shall and may also build and fortify within any the same for their better Safeguard, according to their best Discretion, and the Discretion of the Council of that Colony; And that none of our Subjects shall be permitted, or suffered, to plant or inhabit behind, or on the back of them, towards the main Land, without express License of the Council of that Colony, in Writing thereunto first had and obtained.

Provided always, and our Will and Pleasure herein is, that the Plantation and Habitation of such of the said Colonies, as shall last plant themselves, as aforesaid, shall not be made within one hundred like English Miles of the other of them, that first began to make their Plantation, as aforesaid.

And we do also ordain, establish, and agree, for Us, our Heirs, and Successors, that each of the said Colonies shall have a Council, which shall govern and order all Matters and Causes, which shall arise, grow, or happen, to or within the same several Colonies, according to such Laws, Ordinances, and Instructions, as shall be, in that behalf, given and signed with Our Hand or Sign Manual, and pass under the Privy Seal of our Realm of England; Each of which Councils shall consist of thirteen Persons, to be ordained, made, and removed, from time to time, according as shall be directed and comprised in the same instructions; And shall have a several Seal, for all Matters that shall pass or concern the same several Councils; Each of which Seals, shall have the King's Arms engraven on the one Side thereof, and his Portraiture on the other; And that the Seal for the Council of the said first Colony shall have engraven round about, on the one Side, these Words; Sigillum Regis Magnæ Britanniæ, Franciæ, & Hibernia; on the other Side this Inscription round about; Pro Concilio prima Coloniæ Virginia. And the Seal for the Council of the said second Colony shall also have engraven, round about the one Side thereof, the aforesaid Words; Sigillum Regis Magnæ Brittanniæ, Franciæ, & Hiberniæ; and on the other Side; Pro Concilio secundæ Coloniæ Virginiæ:

And that also there shall be a Council, established here in England, which shall, in like manner, consists of thirteen Persons, to be, for that Purpose, appointed by Us, our Heirs and Suc

cessors, which shall be called our Council of Virginia; And shall, from time to time, have the superior Managing and Direction, only of and for all Matters that shall or may concern the Government, as well of the said several Colonies, as of and for any other Part or Place, within the aforesaid Precinct of four and thirty and five and forty Degrees abovementioned; Which Council shall, in like manner, have a Seal, for Matters concerning the Council or Colonies, with the like Arms and Portraiture, as aforesaid, with this inscription, engraven round about on the one Side; Sigillum Regis Magnæ Britanniæ, Franciæ, & Hiberniæ; and round about on the other Side, Pro Concilio fuo Virginia.

And moreover, we do GRANT and agree, for Us, our Heirs, Successors; that that the said several Councils of and for the said several Colonies, shall and lawfully may, by Virtue hereof, from time to time, without any Interruption of Us, our Heirs or Successors, give and take Order, to dig, mine, and search for all Manner of Mines of Gold, Silver, and Copper, as well within any Part of their said several Colonies, as of the said Main Lands on the Backside of the same Colonies; And to HAVE and enjoy the Gold, Silver, and Copper, to be gotten thereof, to the Use and Behoof of the same Colonies, and the Plantations thereof; YIELDING therefore to Us, our Heirs and Successors, the fifth Part only of all the same Gold and Silver, and the fifteenth 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 Successors, for or in Respect of the same:

And that they shall, or lawfully may, establish and cause to be made a Coin, to pass current there between the people of those several Colonies, for the more Ease of Traflick 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.

And we do likewise, for Us, our Heirs, and Successors, by these Presents, give full Power and Authority to the said Sir Thomas Gates, Sir George Somers, Richard Hackluit, Edward-Maria Wingfield, Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham, and to every of them, and to the said several Companies, 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

CHARTER OF VIRGINIA.

thitherward, and to abide and inhabit there, in every the said Colonies and Plantations, such and so many of our Subjects, as shall willingly accompany them or any of them, in the said Voyages and Plantations; With sufficient Shipping, and Furniture of Armour, Weapons, Ordinance, Powder, Victual, and all other things, necessary for the said Plantations, and for their Use and Defense there: PROVIDED always, that none of the said Persons be such, as shall hereafter be specially restrained by Us, our Heirs, or Successors.

Moreover, we do, by these Presents, for Us, our Heirs, and Successors, GIVE AND GRANT License unto the said Sir Thomas Gates, Sir George Somers, Richard Hackluit, Edward-Maria Wingfield, Thomas Hanham, Ralegh Gilbert, William Parker, 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 forever 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 or Persons, as without the especial License 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:

Giving and granting, by these Presents, unto the said Sir Thomas Gates, Sir George Somers, Richard Hackluit, Edward-Maria Wingfield, Thomas Hanham, Raleigh Gilbert; William Parker, and George Thomas Haham, Ralegh Gilbert, William Parker, and George Popham, and their Associates of the said second Colony, and to every of them, from time to time, and at all times for ever hereafter, Power and Authority to take and surprise, by all Ways and Means whatsoever, all and every Person and Persons, with their Ships, 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 traffick, two and a half upon every Hundred, of any thing so by them trafficked, bought, or sold; And being Strangers, and not Subjects under our Obeysance, until they shall pay five upon every Hundred, of

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such Wares and Merchandises, as they shall traffick, buy, or sell, within the Precincts of the said several Colonies, wherein they shall so traffick, buy, or sell, as aforesaid; WHICH Sums of Money, or Benefit, as aforesaid, for and during the Space of one and twenty Years, next ensuing the Date hereof, shall be wholly emploied to the Use, Benefit, and Behoof of the said several Plantations, where such Traffick 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 thereunto assigned or appointed.

And we do further, by these Presents, for Us, our Heirs and Successors, GIVE AND GRANT unto the said Sir Thomas Gates, Sir George Somers, Richard Hackluit, and Edward-Maria Wingfield, and to their associates of the said first Colony and Plantation, and to the said Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham, and their associates of the said second Colony and Plantation, that they, and every of them, by their Deputies, Ministers, and Factors, 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 Customs, Subsidy, or other Duty, unto Us, our Heirs, or Successors, to be yielded or payed for the same.

Also we do, for Us, our Heirs, and Successors, DECLARE, by these Presents, 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.

Moreover, our gracious Will and Pleasure is, and we do, by these Presents, for Us, our Heirs, and Successors, 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 Planta

tions, or any of them, shall, at any time or times hereafter, transport any Wares, Merchandises, or Commodities, out of any of our Dominions, with a Pretence to land, sell, or otherwise dispose of the same, within any the Limits and Precincts of any of 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, 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 transporting, together with the said Ship or Vessel, wherein such Transportation was made, shall be forfeited to Us, our Heirs, and Successors.

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 Land, or do any Act of unjust and unlawful Hostility to any the Subjects of Us, our Heirs, or Successors, or any the Subjects of any King, Prince, Ruler, Governor, or State, being then in League or Amitie with Us, our Heirs, or Successors, and that upon such Injury, or upon just Complaint of such Prince, Ruler, Governor, or State, of 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 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 Robery 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, our Heirs, and Successors, to put the said Person or Persons, having committed such Robbery or Spoil, and their Procurers, Abettors, and 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, abettors, and comforters, in that behalf.

And finally, we do for Us, our Heirs, and Successors, GRANT and agree, to and with the said Sir Thomas Gates, Sir George Somers, Richard Hackluit, Edward-Maria Wingfield, and all others of the said first colony, that We, our Heirs and Successors, 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:

And do in like Manner, Grant and Agree, for Us, our Heirs and Successors, to and with the said Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham, and all others of the said second Colony, That We, our Heirs, and Successors, 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 Heires, and Successors, as of our Manor of East-Greenwich, in the County of Kent, in free and com. mon Soccage only, and not in Capite.

All which Lands, Tenements, and Hereditaments, so to be passed by the said several LettersPatent, shall be sufficient Assurance from the said Patentees, so disturbed 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, Knt. Sir George Somers, Knt. Richard Hackluit, Edward-Maria Wingfield, Thomas Hanham, Ralegh Gilbert, William Per ker, and George Popham, or any of them, here tofore made, in these Presents, is not made; Or any Statute, Act, Ordinance, or Provision, Proc

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CHAPTER III.

1606-1625.

THE SETTLEMENT OF VIRGINIA.

The London Company despatches a colonizing expedition to Virginia-Jamestown founded - Jealousy of Smith Houses and other buildings erected-Smith explores the James River - Sufferings among the colonists - Planting begun - Wingfield's cowardice - Ratcliffe chosen president but is incompetent — Smith takes charge and establishes trade relations with Indians-Smith captured by Indians and saved by Pocahontas -The search for gold-Smith's explorations - Industries started - Charter of London Company changed - Lord Delaware appointed governor — Newport, Gates and Somers wrecked — Pocahontas serves colony-Smith returns to England-Condition of Jamestown at his departure - The "starving time"-Gates and Somers succor colonists - Delaware's arrival prevents abandonment of colony - Sir Thomas Dale arrives-Grants to the Company enlarged-Pocahontas married to John Rolfe - Fate of Pocahontas - Argall's cruise to New England - Yeardley deposed, Argall appointed— Argall's tyrannical course First colonial assembly convenes - Slaves introduced - Wyatt succeeds Yeardley - Massacre by the Indians - Dissensions in England - Charter of the Virginia Company revoked. Appendix to Chapter III-I. Second Charter of Virginia, 1609; II. Ordinances for Virginia, 1621.

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Among the members of the London Company were Sir Thomas Gates, Sir George Somers, Sir Thomas Smith, one of the assignees of Raleigh's patent, Richard Hakluyt, Edward Maria Wingfield and others.* All those who contributed the sum of $60 were entitled to 100 acres of land, and to such persons as emigrated to the colony, or at their own expense sent colonists, were allowed 100 acres. A quit-rent was reserved on all grants of land. Accordingly, the Company fitted out three vessels, the Discovery, the Godspeed, and the Susan (or Sarah) Constant, and on the 19th of

For the most prominent of the others connected with this company see Fiske, Old Virginia and Her Neighbours, vol. i., pp. 65-70. VOL. I.-11

December, 1606, the expedition, under the command the command of Christopher Newport, together with William Gosnold, Robert Hunt, the chaplain, the famous John Smith* and 105 ment set out for the New World. Among the colonists comprising the Company, unfortunately, only about 20 were practical mechanics and workmen, and the large majority of them were wanting the qualities necessary to make good pioneers. About onehalf of the party were gentlemen; there were "two chirurgeons, gold

A short account of Smith's early life is given in Fiske, Old Virginia and Her Neighbours, vol. i., pp. 80-91.

Neill, The English Colonization of America, p. 17, says 143; others say 125. There is much difference among historians as to which is right.

refiners, perfumers, and footmen, who had never laid hand to axe nor spade "; there were also a blacksmith, a bricklayer, a mason, and four carpenters; and the others were soldiers. Truly an unlikely party to make the first clearing in a primeval forest.*

Hardly had the expedition gotten well started before dissensions arose among the company. The king had very foolishly sealed up in a tin box the names and instructions of those who were to form to form the council.+ Smith, because of his evident superiority for the present undertaking, had excited the envy and jealousy of the others, and on a frivolous charge he was placed in chains in the hold of the ship to be confined there until the expedition reached the colony. The feelings of jealousy and animosity, however, were somewhat allayed by the prudent and judicious conduct of the chaplain, Hunt, and the feeling against Smith had to a great degree subsided before the expedition reached land. The ships sailed by the old route passing the Canaries, and it was not until April, 1607, that the coast of Virginia was sighted. Shortly before reaching land, a most

* Eggleston, Beginners of a Nation, p. 27; Hildreth, vol. i., p. 100; Cooke, Virginia, p. 17.

These orders are given in Neill, The Virginia Company, p. 4. The original paper of instructions is in the MS. Minutes of the London Company, in the Library of Congress (2 vols.). Excerpts are given in Fiske, Old Virginia and Her Neighbours, vol. i., pp. 72-76; Brown, Genesis of the United States, p. 79.

fortunate gale drove the ships past the site of the old colony into the mouth of the Chesapeake Bay. The headlands were called Cape Henry and Cape Charles and the water in which the ships came to anchor led to the naming of the adjacent land as Point Comfort. The colonists were delighted with the aspect of the new country; they sailed up and explored the James River for about 50 miles and on May 13 fixed the site for the new colony. They adopted the name of Jamestown for the new city, which is the oldest permanent settlement founded by the English in America.*

When the box containing the enclosed instructions was opened it was found that Smith was named as one of the council,† but the old feeling of jealousy had not entirely disappeared, and Wingfield possessed sufficient influence to keep the only competent man among them from his seat in the council. When the company landed, Smith was released from his irons and allowed his freedom until he could be placed upon trial for sedition. The trial resulted in his ac

quittal, and he was restored to his seat in the council through the good offices of Hunt, the chaplain. It was

See the account by George Percy in Purchas, His Pilgrimes, vol. iv., 1685-90; L. G. Tyler, Cradle of the Republic (1900); Mrs. S. A. R. Pryor, Birth of the Nation, Jamestown, 1607 (1907); Page, The Old Dominion, p. 84 et seq.

The others were Newport, Gosnold, John Sickelmore (or Ratcliffe), Wingfield, George Kendall, and John Martin.- Cooke, Virginia, pp. 2021; The South in the Building of the Nation, vol. 1, p. 11.

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