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And moreover, we do GRANT... that the said several Councils of and for the said several Colonies, . . may. . . mine... Gold, Silver, and Copper,.. 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, ..

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 Traffick 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...

Moreover, we do, by these Presents, for Us, our Heirs, and Successors, GIVE AND GRANT Licence unto the said Sir Thomas Gates ... and to every of the said Colonies, that they, and every of them... may, from time to time,.. for their several Defences... expulse... and resist,.. by all Ways and Means whatsoever, all... such... Persons, as without the especial Licence of the said... Colonies... shall attempt to inhabit within the... Limits of the said several Colonies... or that shall... attempt, at any time hereafter, the Hurt... of the said several Colonies or Plantations:

Giving and granting, by these Presents, unto the said Sir Thomas Gates,.. and their Associates of the said first Colony, and unto the said Thomas Hanham,.. and their Associates of the said second Colony... Power and Authority to take... every Person... with their Ships, Vessels, Goods, and other Furniture, which shall be found. trafficking, into any ... Place, within the Limits... of the... Colonies... not being of the same Colony, until such time, as they, being of any Realms, or Dominions under our Obedience, shall pay ... to the Hands of the Treasurer of that Colony, within whose Limits... 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 such Wares and Merchandises, as they shall traffick... 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 Heires, and Successors...

Also we do... DECLARE, by these Presents, that all... the Persons being our Subjects, which shall dwell... within... any of the said. several Colonies... and . . . their children, which shall happen to be

born within any of the Limits... of the ... Colonies and Plantations, shall HAVE and enjoy all Liberties, Franchises, and Immunities... as if they had been abiding and born, within this our Realm of England, or any other of our said Dominions. . .

And finally, we do... GRANT...to... the said Sir Thomas Gates, Sir George Somers,.. and all others of the said first colony... 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 EastGreenwich, 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... to... the said Thomas Hanham, Ralegh Gilbert,.. and all others of the said second Colony... 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 common Soccage only, and not in Capite.

1609

The Second Charter of Virginia JAMES, by the Grace of God, King of England, Scotland, France, and Ireland, Defender of the Faith, &c. To all, to whom these Presents shall come, Greeting...

We greatly affecting the effectual Prosecution and happy success of the said Plantation... do... GIVE, GRANT, and CONFIRM, to our trusty and well beloved Subjects, Robert, Earl of Salisbury, Thomas, Earl of Suffolk... Sir Francis Bacon, Knt... Richard Hackluit, Minister... the Company of Mercers... and to such... as they... shall hereafter admit to be joined with them... that they and their Successors shall be known, called, and incorporated by the Name of The Treasurer and Company of Adventurers and Planters of the City of London, for the first Colony in Virginia... And we do also... give, grant and confirm, unto the said Treasurer and Company... all those Lands, .. situate,.. in that Part of America, called Virginia, from the Point of Land, called Cape or Point Comfort, all along the Sea Coast to the Northward, two hundred miles, and from the said Point of Cape Comfort, all along the Sea Coast to the Southward, two hundred Miles, and all that Space and Circuit of Land, lying from the Sea Coast of the Precinct aforesaid, up into the Land throughout from Sea to Sea, West and Northwest; And also all the Islands lying within one hundred Miles along the Coast of both Seas of the Precinct.

aforesaid; .. TO BE HOLDEN of US, our Heirs and Successors, 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 only of all Ore of Gold and Silver, that from Time to Time... shall be there gotten... for all Manner of Services... AND... we DO ORDAIN, establish and confirm, that there shall be perpetually one COUNCIL here resident, according to the Tenour of our former Letters-Patents; Which Council shall have a Seal for the better Government and Administration of the said Plantation, besides the legal Seal of the Company or Corporation, as in our former Letters-Patents is also expressed. AND further, We ESTABLISH and ORDAIN, That Henry Earl of Southampton, William Earl of Pembroke... shall be our Council for the said Company of Adventurers and Planters, in Virginia: AND the said Thomas Smith, We DO ORDAIN to be Treasurer of the said Company; which Treasurer shall have Authority to give Order for the Warning of the Council, and summoning the Company to their Courts and Meetings, AND the said Council and Treasurer, or any of them shall be from henceforth nominated, chosen, continued, displaced, changed, altered and supplied, as Death, or other several Occasions shall require, out of the Company of the said Adventurers, by the Voice of the greater part of the said Company and Adventurers, in their Assembly for that Purpose:..

AND further, of our special Grace, certain Knowledge, and mere Motion, for Us, our Heirs and Successors, we do, by these Presents, GIVE and GRANT full Power and Authority to our said Council here resident, as well at this present time, as hereafter from time to time, to nominate, make, constitute, ordain and confirm, by such Name or Names, Stile or Stiles, as to them shall seem good, And likewise to revoke, discharge, change, and alter, as well all and singular Governors, Officers, and Ministers, which already have been made, as also which hereafter shall be by them thought fit and needful to be made or used for the Government of the said Colony and Plantation: AND also to make, ordain, and establish all Manner of Orders, Laws, Directions, Instructions, Forms and Ceremonies of Government and Magistracy, fit and necessary for and concerning the Government of the said Colony and Plantation;

The Third Charter of Virginia · 1612

JAMES, by the Grace of God, King of England, Scotland, France, and Ireland, Defender of the Faith; To all to whom these Presents shall come, Greeting. WHEREAS at the humble Suit of divers and sundry

...

our loving Subjects,.. We have... GIVEN and GRANTED unto them that they and... their Successors, for ever, should be one Body Politick, incorporated by the Name of The Treasurer and Company of Adventurers and Planters of the City of London for the first Colony in Virginia; . . and we do hereby ordain and grant by these Presents, that the said Treasurer and Company of Adventurers and Planters aforesaid, shall and may, once every week, or oftener, at their Pleasure, hold, and keep a Court and Assembly for the better Order and Government of the said Plantation, and such Things as shall concern the same; .. and that nevertheless, for the... disposing of Matters... such as . . . may . . . concern... the... general Good of the said Company and Plantation, as namely, the Manner of Government from Time to Time to be used, the ordering and Disposing of the Lands and possessions, and the settling and establishing of a Trade there, or such like, there shall be held and kept every Year, upon the last Wednesday, save one, of Hillary Term, Easter, Trinity, and Michaelmas Terms, for ever, one great, general, and solemn Assembly, which four Assemblies. shall be stiled and called, The four Great and General Courts of the Council and Company of Adventurers for Virginia; In all and every of which said Great and General Courts, so assembled, our Will and Pleasure is, and we do, for Us, our Heirs and Successors, for ever, Give and Grant to the said Treasurer and Company, and their Successors for ever, by these Presents, that they, the said Treasurer and Company, or the greater Number of them, so assembled, shall and may have full Power and Authority, from Time to Time, and at all Times hereafter, to elect and chuse discreet Persons, to be of our said Council for the said first Colony in Virginia, and to nominate and appoint such Officers as they shall think fit and requisite, for the Government, managing, ordering, and dispatching of the Affairs of the said Company; And shall likewise have full Power and Authority, to ordain and make such Laws and Ordinances, for the Good and Welfare of the said Plantation, as to them from Time to Time, shall be thought requisite and meet: So always, as the same be not contrary to the Laws and Statutes of this our Realm of England...

3. THE MAYFLOWER COMPACT

The Mayflower Compact, adopted by the little Separatist group of exiles who settled Plymouth Colony, is significant as representing the origin of the idea in American history that men can establish government over themselves by mutual consent. In a sense the Compact may

be considered the first of American constitutions. Adopted November 11/12, 1620.

William Bradford of Plimouth Plantation, pp. 109-110. Boston, 1898.

I SHALL a litle returne backe and begine with a combination made by them before they came ashore, being yo first foundation of their govermente in this place; occasioned partly by yo discontented & mutinous speeches that some of the strangers amongst them had let fall from them in y ship-That when they came a shore they would use their owne libertie; for none had power to comand them, the patente they had being for Virginia, and not for New-england, which belonged to an other Goverment, with which ye Virginia Company had nothing to doe. And partly that shuch an acte by them done (this their condition considered) might be as firme as any patent, and in some respects more

sure.

The forme was as followeth.

In y name of God, Amen. We whose names are underwriten, the loyall subjects of our dread soveraigne Lord, King James, by y° grace of God, of Great Britaine, Franc, & Ireland king, defender of y faith, &c., haveing undertaken, for yo glorie of God, and advancemente of ye Christian faith, and honour of our king & countrie, a voyage to plant yR first colonie in y° Northerne parts of Virginia, doe by these presents solemnly & mutualy in ye presence of God, and one of another, covenant & combine our selves togeather into a civill body politick, for our better ordering & preservation & furtherance of ye ends aforesaid; and by vertue hearof to enacte, constitute, and frame such just & equall lawes, ordinances, acts, constitutions, & offices, from time to time, as shall be thought most meete & convenient for y° generall good of y° Colonie, unto which we promise all due submission and obedience. In witnes whereof we have hereunder subscribed our names at CapCodd y 11. of November, in yo year of yo raigne of our soveraigne lord, King James, of England, France, & Ireland yo eighteenth, and of Scotland ye fiftie fourth. An°: Dom. 1620.

4. THE MASSACHUSETTS BAY CHARTER

March 4/14, 1628/9, Charles I issued the charter from which the following extracts are taken. It was designed to create such an organization as the Virginia Company had been in its later years, a corporation that from England would establish and govern a colony in New England.

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