Ch. 3.1. Primary Source: Virginia’s Third Charter, King James I, 1612

The Virginia Company received several royal charters defining its legal rights in the first surviving English colony in North America, which began at Jamestown in 1607. The third charter of 1612 excerpted here is similar to but more detailed than the first two Virginia charters of 1606 and 1609. It exemplifies one of the two main types of colonial charters: those granted to trading companies. These charters were modeled on and still very similar to those used for the incorporation of joint-stock companies, a new type of business venture that developed in England from about 1550. Joint-stock companies drew on private investments to exploit new opportunities in overseas trade. (For the second main type of colonial charter, see Maryland’s charter of 1632 below.)

[1] [Incorporation:] WHEREAS at the humble suit of the adventurers and planters of the first Colony of Virginia, and for the propagation of Christian Religion, and reclaiming of people barbarous to civility and humanity; We have, by our letters-patents of the 23rd of May, 1609, granted that all of our subjects as should be joined with them should be one body politic, incorporated by the name of the Treasurer and Company of Adventurers and Planters of the city of London for the first Colony in Virginia.

[2] [Boundaries:] And we did further by the said letters-patents all those lands…from the point of land called Cape or Point Comfort all along the sea coasts to the northward two hundred miles; and…southward two hundred miles; and all the land throughout from sea to sea west and north-west; and also all the Islands lying within one hundred miles of the coast; with divers other grants, liberties, franchises granted in and by our said letters-patents to the said Treasurer and Company and their successors forever.

[3] [New Island Territories:] Now forasmuch as there are and may be islands lying desolate and uninhabited, some of which are already made known and discovered by the industry, travel, and expenses of the said company: We have granted to the said Treasurer and Company all those Islands bordering upon the coast of Virginia within three hundred leagues, and being between the 41 and 30 degrees of northerly latitude. Provided always, that the said islands are not actually possessed or inhabited by any other Christian prince or estate.

[4] [Terms of Tenure:] To have forever, as of our manor of East Greenwich, in free and common soccage, and not in capite; yielding and paying therefore to us, our heirs and successors, the fifth part of the ore of all gold and silver which shall be there obtained.

[5] [Quarterly Assembly:] For the handling of matters as concern the general good of the said Company and Plantation, as namely, the manner of government, the ordering and disposing of the lands and possessions, and the settling and establishing of a trade there, there shall be held four times a year (upon the last Wednesday, save one, of Hillary Term [Jan.-Feb.]; Easter; Trinity [May-June]; and Michaelmas [Oct.]) a general assembly, which four assemblies shall be called, the four Great and General Courts of the Council and Company of Adventurers for Virginia. The said treasurer and Company, or the greater number of them so assembled, shall have full authority to elect persons to be of our said Council for the first Colony in Virginia, and to nominate and appoint such officers as they shall think fit. They shall likewise have full authority to make laws and ordinances for the good and welfare of the said Plantation, so always, as the same be not contrary to the laws and statutes of this our Realm of England.

[6] [New Settlers & Customs’ Exemption:] We grant to the said Treasurer and Company that it shall be lawful and free for them to transport into Virginia all of our subjects, or any other strangers that will become our subjects, as shall willingly accompany them in the said voyages and plantation, with shipping, armor, weapons, powder, shot, victuals, and all manner of merchandises and wares, and all manner of clothing, implements, furniture, beasts, cattle, horses, and all other things necessary for the said Plantation, and for their use and defense, and for trade with the people there, and in passing and returning to and from, without paying or yielding any subsidy, custom, or imposition, either inward or outward, or any other duty to us, our heirs and successors, for the same, for the space of seven years from the date of these presents.