The Second Virginia Charter 1609

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Introduction

Virginia received three charters, one in 1606, another in 1609, and the third in 1612. The differences among the three charters lie primarily in the territorial jurisdiction of the company, not in the right to govern the colony. In 1609, the “sea to sea” provision was inserted, and in 1612 jurisdiction was extended eastward from the Virginia shores to include islands, such as Bermuda, in the Atlantic.

From the outset the Virginia Company was granted the authority to govern its own colony. A ruling council in England, composed of members of the joint-stock company who were usually merchants of great distinction, was formed immediately after King James I granted the charter of 1606. The councillors were appointed ostensibly by the king, but in reality were nominated by the membership, or more often, by the inner executive group of the company. The council in England issued instructions to the first settlers appointing a colonial council to make daily decisions. This group proved ineftective, and a governor, Lord Delaware, was eventually appointed. Acting under the council in England, the governor had absolute power. The authority to establish or alter a government in Virginia was based upon the charter granted by the king; in this sense, the king delegated some of his power to others.

The Second Virginia Charter (May 23, 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 sondrie oure lovinge and well disposed subjects intendinge to deduce a colonie and to make habitacion and plantacion of sondrie of oure people in that parte of America comonlie called Virginia, and other part and territories in America either apperteyninge unto us or which are not actually possessed of anie Christian prince or people within certaine bound and regions, wee have formerly, by oure lettres patents bearinge date the tenth of Aprill in the fourth yeare of oure raigne of England, Fraunce, and Ireland, and the nine and thirtieth of Scotland, graunted to Sir Thomas Gates, Sir George Somers and others, for the more speedie accomplishment of the said plantacion and habitacion, that they shoulde devide themselves into twoe colloniesthe one consistinge of divers Knights, gentlemen, merchaunts and others of our cittie of London, called the First Collonie; and the other of sondrie Knights, gentlemen and others of the citties of Bristoll, Exeter, the towne of Plymouth, and other places, called the Seccond Collonieand have yielded and graunted maine and sondrie priviledges and liberties to each Collonie for their quiet setlinge and good government therein, as by the said lettres patents more at large appeareth.

Nowe, forasmuch as divers and sondrie of oure lovinge subjects, as well adventurers as planters, of the said First Collonie (which have alreadie engaged them selves in furtheringe the businesse of the said plantacion 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 plantacion of the said countrie, wee woulde be pleased to graunt them a further enlargement and explanacion of the said graunte, priviledge and liberties, and that suche counsellors and other officers maie be appointed amonngest them to manage and direct their affaires [as] are willinge 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 affectinge the effectual prosecucion and happie successe of the said plantacion and comendinge their good desires theirin, for their further encouragement in accomplishinge so excellent a worke, much pleasinge to God and profitable to oure Kingdomes, doe, of oure speciall grace and certeine knowledge and meere motion, for us, oure heires and successors, give, graunt and confirme to oure trustie and welbeloved subjects,

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