Provided

tlements

ing to their beft difcretion, and the difcretion of the Coun cil of that colony; and that none of our fubjects fhall be per mitted, or fuffered, to plant or inhabit behind, or on the back of them, towards the main land, without the exprefs licence of the Council of that colony, in writing thereunto firft had and obtained.

VI. Provided always, and our will and pleasure herein is that the fet- that the plantation and habitation of fuch of the said colonies, that fhall be as fhall laft plant themselves, as aforesaid, fhall not be made within one hundred like English miles of the other of them, fhall bemore that firft began to make their plantation, as aforefaid.

laft made

than 100

miles diftant from the first. Each of

thefe colo

appointed

these councils fhall

VII. And we do alfo ordain, establish, and agree, for us, our heirs, and fucceffors, that each of the faid colonies fhalt have a council, which fhall govern and order all matters and caufes, which fhall arife, grow, or happen, to or within the nies fhall be fame feveral colonies, according to fuch laws, ordinances, governed by and inftructions, as fhall be, in that behalf, given and figned a council of with our hand or fign manual, and pass under the privy seal 13 perfons of our realm of England; each of which Councils fhall conby the king; fift of thirteen perfons, to be ordained, made, and removed, from time to time, according as fhall be directed and comprifed in the fame inftructions; and fhall have a several seal, for all matters that fhall pass or concern the the fame several Councils; each of which feals fhall have the king's arms engraven on the one fide thereof, and his portraiture on the other; and that the feal for the Council of the faid firft colony hall have engraven round about, on the one fide, thefe words; Sigillum Regis Magna Britannia, Fränciæ, & Hiberniæ; on the other fide this infcription, round about; Pro Concilio prima Colonia Virginia. And the feal for the Council of the faid fecond colony fhall alfo have engraven round about the one fide thereof, the aforefaid words; Sigillum Regis Magne Britanniæ, Francia, & Hiberniæ; and on the other fide; Pro Concilio fecundæ Colonie Virginia.

have feals.

England,

the king.

VIII. And that alfo there fhall be a Council eftablished A fuperior council of here in England, which fhall, in like manner, confift of 13 perfons thirteen perfons, to be, for that purpofe, appointed by us, refiding in our heirs and fucceffots, which fhall be called our Council appointedby of Virginia; and fhall, from time to time, have the fuperior 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 aforefaid precincts of four-and-thirty and five-and-forty degrees, above-mentioned; which Council fhall, in like manner, have a feal, for matters concerning the Council or

colonies,

colonies, with the like arms and portraiture, as aforefaid, with this infeription, engraven round about on the one fide; Sigillum Regis Magne Britannia, Francia, & Hibernia; and round about the other fide, Pro Concilio fuo Virginia.

mines of

IX. And moreover, we do grant and agree, for us, our Liberty to heirs and fucceffors, that the faid feveral Councils, of and work all for the faid feveral colonies, fhall and lawfully may, by gold and filvirtue hereof, from time to time, without any interruption vet in faid of us, our heirs or fucceffors, give and take order, to dig, coloniespaymine, and fearch for all manner of mines of gold, filver, and king a fifth copper, as well within any part of their faid feveral colonies, part of the as of the faid main lands on the backfide of the fame colonies; gold and filand to have and enjoy the gold, filver, and copper, to be gotten, fifteenth of thereof, to the ufe and behoof of the fame colonies, and the the copper. plantations thereof; yielding therefore, to us, our heirs and fucceffors, the fifth part only of all the fame gold and filver, and the fifteenth part of all the fame copper, fo to be gotten or had, as is aforefaid, without any other manner of profit or account, to be given or yielded to us, our heirs, or fucceffors, for or in refpect of the fame.

ver, and a

for thofe co

X. And that they fhall, or lawfully may, eftablish and Power to ef cause to be made a coin, to pafs current there between the tablish coins people of thofe feveral colonies, for the more ease of traffic lonies. and bargaining between and amongst them and the natives there, of fuch metal, and in fuch manner and form, as the faid feveral Councils there fhall limit and appoint.

nies.

XI. And we do likewife, for us, our heirs, and fuc- Power to ceffors, by these prefents, give full power and authority to carry out the faid Sir Thomas Gates, Sir George Somers, Richard the king's fubjects to Hackluit, Edward-Maria Wingfield, Thomas Hanham, fettle the Ralegh Gilbert, William Parker, and George Popham, faid coloand to every of them, and to the faid feveral companies, plantations, and colonies, that they, and every of them, fhall and may, at all and every time and times hereafter, have, take, and lead in the faid voyage, and for and towards the faid feveral plantations and colonies, and to travel thitherward, and to abide and inhabit there, in every the faid colonies and plantations, fuch and fo many of our fubjects, as fhall willingly accompany them, or any of them, in the faid voyages and plantations; with fufficient fhipping, and furniture of armour, weapons, ordnance, powder, victual, and all other things, neceffary for the faid plantations, and for their use and defence there: Provided always, that none of the faid perfons be fuch, as fhall hereafter be fpecially reftrained by us, our heirs, or fucceffors. XII. More

Power to re

Jonies.

XII. Moreover, we do, by thefe prefents, for us, our heirs, fift and ex- and fucceffors, give and grant licence unto the faid Sir Thomas pel all intruders into Gates, Sir George Somers, Richard Hackluit, Edward-Maria the faid co- Wingfield, Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham, and to every of the faid colonies, that they, and every of them, fhall and may, from time to time, and at all times for ever hereafter, for their feveral defences, encounter, expulfe, repel, and refift, as well by fea as by land, by all ways and means whatsoever, all and every fuch perfon and perfons, as without the especial licence of the said several colonies and plantations, fhall 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.

Power to

cent. upon

upon those

XIII. Giving and granting, by these presents, unto the raife two & faid Sir Thomas Gates, Sir George Somers, Richard Hacka half per luit, Edward-Maria Wingfield, and their affociates of the all goods faid firft colony, and unto the faid Thomas Hanham, Ralegh imported Gilbert, William Parker, and George Popham, and their thither by affociates of the faid fecond colony, and to every of them, the King's fubjects, & from time to time, and at all times for ever hereafter, power 5 per cent. and authority to take and furprise, by all ways and means whatsoever, all and every perfon and perfons, with their imported by strangers. fhips, veffels, goods, and other furniture, which fhall be found trafficking, into any harbour or harbours, creek or creeks, or place, within the limits or precincts of the faid feveral colonies and plantations, not being of the fame colony, until fuch time, as they, being of any realms or dominions under our obedience, fhall pay, or agree to pay, to the hands of the treasurer of that colony, within whose limits and precincts they fhall fo traffic, two and a half upon every hundred, of any thing fo by them trafficked, bought or fold; and being strangers, and not fubjects under our obeyfance, until they fhall pay five upon every hundred, of fuch wares and merchandizes, as they fhall traffic, buy, or fell, within the precincts of the faid feveral colonies, wherein they shall fo traffic, buy, or fell, as aforefaid; which fums of money, or benefit, as aforefaid, for and during the space of one-andtwenty years, next enfuing the date hereof, fhall be wholly employed to the ufe, benefit, and behoof of the faid feveral plantations, where fuch traffic fhall be made; and after the faid one-and-twenty years ended, the fame fhall be taken to the use of us, our heirs, and fucceffors, by fuch officers and minifters, as by us, our heirs, and fucceffors, fhall be there unto affigned or appointed. XIV. And

Colonies

nions free

XIV. And we do further by these prefents, for us, our Liberty to heirs and fucceffors, give and grant unto the faid Sir Thomas carry goods Gates, Sir George Somers, Richard Hackluit, and Edward- into the faid Maria Wingfield, and to their affociates of the faid firft co- from the lony and plantation, and to the faid Thomas Hanham, Ralegh King's Gilbert, William Parker, and George Popham, and their af- other domifociates of the faid fecond colony and plantation, that they, from cuftom and every of them, by their deputies, minifters, and factors, for 7 years. may transport the goods, chattels, armour, munition, and furniture, needful to be used by them, for their faid apparel, food, defence, or otherwife, in respect of the faid plantations, out of our realms of England and Ireland, and all other our dominions, from time to time, for and during the time of feven years, next enfuing the date hereof, for the better relief of the faid feveral colonies and plantations, without any cuftom, fubfidy, or other duty, unto us, our heirs, or fucceffors, to be yielded or paid for the fame.

nization of

thofe Colo

XV. Alfo we do, r us, our heirs, and fucceffors, declare, General deby these prefents, that all and every the perfons, being our all fuch perfubjects, which hall dwell and inhabit within every or any fons as fhall of the said several colonies and plantations, and every of their be born in children, which fhall happen to be born within any the limits nies. and precincts of the faid feveral colonies and plantations, shall have and enjoy all liberties, franchifes, 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 faid dominions.

pretence

fend goods

XVI. Moreover, our gracious will and pleasure is, and Perfons we do, by these prefents, for us, our heirs, and fucceffors, who, under declare and set forth, that if any perfon or perfons, which of trading to shall be of any of the faid colonies and plantations, or any thefe Coloother, which fhall traffic to the faid colonies and plantations, nies, fhall or any of them, fhall, at any time or times hereafter, tranf- into foreign port any wares, merchandizes, or commodities, out of any of countries, our dominions, with a pretence to land, fell, or otherwife dif fhall forfeit their fhips pofe of the fame, within any the limits and precincts of any and goods. the faid colonies and plantations, and yet nevertheless, being at fea, or after he hath landed the fame within any of the said colonies and plantations, fhall carry the fame into any other foreign country, with a purpose there to fell or difpofe of the fame, without the licence of us, our heirs and fucceffors, in that behalf first had and obtained; that then, all the goods and chattels of such person or perfons, fo offending and tranfporting, together with the faid fhip or veffel, wherein fuch

K

tranfpor

Provifion in

the inhabi

ants of

transportation was made, fhall be forfeited to us, our heirs and fucceffors.

XVII. Provided always, and our will and pleasure is, and cafe any of we do hereby declare to all chriftian kings, princes and ftates, that if any perfon or perfons, which fhall hereafter be hefe Colo- of any of the faid feveral colonies and plantations, or any nies fhall other, by his, their, or any of their licence and appointment, rob or injure any other of hall, at any time or times hereafter, rób or fpoil, by fea or the King's by land, or do any act of unjust and unlawful hoftility, to fubjects, or any the fubjects of us, our heirs, or fucceffors, or any the the fubjects of any Prince fubjects of any king, prince, ruler, governor, or ftate, being or State in then in league or amity with us, our heirs or fucceffors, and amity with that upon fuch injury, or upon juft complaint of fuch prince, England. ruler, governor, or ftate, or their fubjects, We, our heirs, or

Promise to

lands that

perfons as

fucceffors, fhall make open proclamation within any of the ports of our realm of England, commodious for that purpose, that the faid perfon or persons, having committed any such robbery or spoil, fhall, within the term to te limited by fuch proclamations, make full reftitution or fatisfaction of all fuch injuries done, fo as the faid princes, or others, fo complaining, may hold themselves fully fatisfied and contented; and, that if the faid perfon or perfons, having committed fuch robbery or fpoil, fhall not make, or caufe to be made, fatisfaction accordingly, within fuch time fo to be limited, that then it fhall be lawful to us, our heirs, and fucceffors, to put the faid perfon or perfons, having committed fuch robbery or fpoil, and their procurors, abettors, or comforters, out of our allegiance and protection; and that it fhall be lawful and free, for all princes and others, to purfue with hoftility the faid offenders, and every of them, and their and every of their procurers, aiders, abettors, and comforters in that behalf.

XVIII. And finally, We do, for us, our heirs and fucgrant the ceffors, grant and agree, to and with the faid Sir Thomas fhall be oc- Gates, Sir George Somers, Richard Hackluit, and Edwardcupied by Maria Wingfield, and all others of the faid firft colony, that the firft co- We, our heirs and fucceffors, upon petition in that behalf lony, to fuch to be made, fhall, by letters patent under the great feal of Thall be ap- England, give and grant, unto fuch perfons, their heirs and pointed for affigns, as the council of that colony, or the most part of that purpose them, fhall, for that purpose, nominate and affign, all the Council of lands, tenements, and hereditaments, which fhall be within that Colony. the precincts limited for that colony, as is aforefaid, to be holden of us, our heirs, and fucceffors, as of our manor of

by the

Eaft.