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    Lehrstuhl für Rechtsphilosophie, Staats- und Verwaltungsrecht – Prof. Dr. Horst Dreier

    First Charter of Virginia (1606)

    Dieses Dokument ist noch in Bearbeitung. 

    Es datiert vom 10. April 1606.


    1. JAMES, by the Grace of God, King of England, Scotland, France and Ireland, Defender of the Faith etc. Whereas our loving and welldisposod Subjects, Sir Thomas Gates and Sir George Somers, Knights, Richard Hackluit, Clerk, Prebendary of Westminster, and Edward-Maria Wingfield, Thomas Hanham, and Ralegh Gilbert, Esqrs. William Parker, and George Popham, Gentlemen, and divers others of our loving Subjects, have been humble Suitors unto us, that We would vouchsafe unto them our Licence, to make Habitation, Plantation, and to deduce a Colony of sundry of our People into that Part of America, commonly called Virginia, and other Parts and Territories in America, either appertaining unto us, or which are not now actually possessed by any Christian Prince or People, situate, lying, and being all along the Sea Coasts, between four and thirty Degrees of Northerly Latitude from the Equinoctial Line, and five and forty Degrees of the same Latitude, and in the main Land between the same four and thirty and five and forty Degrees, and the lslands thereunto adjacent, or within one hundred Miles of the Coast thereof.
    2. And to that End, and for the more speedy Accomplishment of their said intended Plantation and Habitation there, are desirous to divide themselves into two several Colonies and Companies; The one consisting of certain Knights, Gentlemen, Merchants, and other Adventurers, of our City of London and elsewhere, which are, and from time to time shall be, joined unto them, which to desire to begin their Plantation and Habitation in some fit and convenient Place, between four and thirty and one and forty Degrees of the said Latitude, alongst the Coasts of Virginia and Coasts of America aforesaid; And the other consisting of sundry Knights, Gentlemen, Merchants, and other Adventurers, of 
    3. our Cities of Bristol and Exeter, and of our Town of Plimouth, and of other Places, hi do Join themselves unfo that Colony, which do desire to begin their Plantation and Habitation in some fit and convenient Place, between eight and thirty Degrecs and five and forty Degrees of the said Latitude, all alongst the said Coast of Virginia and America, as that Coast lyeth.
    4. We, greatly commending, and graciously accepting of, their Desires for the Furtherance of so noble a Work, which may, by the Providence of Almighty God, hereafter tend to the Glory of his Divine MaJesty, in propagating of Christian Religion to suh People, as yet live in Darkness and miserable Ignorance of the true Knonvledge and Worship of God, and may in time bring the Infidels and Savages, living in those parts, to hunan Civility, and to a settled and quiet Goverument; Do, by these our Letters Patents, graciously accept of, and agree to, their humble and well-intended Desires.
    5. Ad do therefore, for Us, our Heirs, and Successors, grant and agree, that the said Sir Thomas Gates, Sir George Somers, RiChard Haclluit, and Edward-Maria Wingfield, Ad.venturers of and for our City of London and all su others, as are, or shall be, Joined unfo them of tl:at Colony, shall be called the first Colony; A:ld they shall and may begin their said first Plantation and Habitation, at any Place upon the sald Coast of Virginia or America, where they shall think fit and convenient, between the said fouf and thirty and one and forty Degrees of the said Latitude; And tbat they shall have all the Lands, Woods, Soll, Grounds, Havens, Ports, Rivers, Mines, Minerals, Marshes, Waters, Fishings, Comwodities, and Hereditaments, whatsoever, from the said first Seat of their Plantation and Habitation by the Space of fifty Miles of English Statute Measure, all along the said Coast of Virginia and America, towards the Vest and Southwest, as the Coast lyeth, with all the Islands within one hundred Miles directly over against the same Sea Coast; And also all the I.ands, Soll, Gronnds, Havens, Ports, Rivers, Mines, Minerals, Woods, raters, Marshes, Fishings, Commodities, and Hereditaments, whatsoever, from the said Place of their first Plantation and Habitation for the space oI fifty like English Miles, all alongst the sald Coast of XTirginia and America, toNards the East and Northeast, or toNvards the North, as the Coast lyeth, together with all the Islands within one hundred Miles, directly over against the said Sea Const; And also all the Lands, Woods, Soll, Grounds, Havens, Ports, Rivers, NIines, Minerals, Marshes, Waters, I'ishings, Commodities, and Hereditaments, Nvhatsoever, from the same fifty NIiles 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 and Defence, accoraing to theTr best Discretion, and the Discretion of the Conncil of that Colony; And that no other of our SubJects shall be permitted, or suffered, to plant or inhabit behind, or on the Backside of them, towards the main Land, without the P2xpress Licence or Consent of the Council of that Colony, thereunfo in N7iTriting first had and oblained.
    6. And we do likesise, for Us, our Heirs, and Successors" by these~ Presents, grant and agree, that the said Thomas Hanham, and Ralegh Gilbert, William Parker, and George Popham, and all others of the Town o:F Pli.mouth in the County of DesTon, or elsewhere, which are, or shall be, Joincd unto them of that Colony, shall be called the second Colony; And tbat.they shall and may begin their said Plantation and Seat of their first Abode and Habitation, at any Place upon the said Coast of Virginia aud America, where they shall think Et and convenient, between eight and thirty Degrees of the said Latitude, and ftve and forty Degrees of the same Latitude; And that they shall have all the Lands, Soils, grotnds, Havens, Ports, RiNrers, Mines, Minerals, Woods, Marshes, Waters, Fishings, Commodities, and IIereditaments, whalsoever, from the first Seat of-their Plantation and Habitation by the Space of fifty like English Miles, as is aforesaid, all alongst the said Coast of Virginia ancl America, towards the West and Southwest, or touards the South, as the Coast lyeth, and all the Islands within one hundred Miles, directly over against the said Sea Coast; And also all the Lands, Soils, Grounds, Havns, Ports, Rivers, Mines, Minerals, Woods, Marshes, Waters, Fishings, Commodities, and Hereditaments, whatsoever, from the said Plice of their £rst Plantation and Habitation for the Space of fifty like Miles, all alongst the sald Coast of Yirginia and America, towards the East and Northeast, or towards the North, as the Coast lyeth, and all the Islands also within one hundred Miles directly over againt the same Sea Coast; And also all the Lands, Soils, Gronnds, 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 info the main Land, by the Space of oe hundred like English Miles; And shall and may inhabit and remain there; and shall and may also bulld and fortify within any the same for their better Safeguard, according to their best Discretion, and the Diseretion of the Conneil of that Colony; And that none of our SubJects shall be permitted, or suffere.d, to plant or inhabit behind, or on the bak of them, towards the main Land, without the express Licence of the Conncil of tbat Colony, in Writing thereunfo first had and oblained.
    7. Provided always, and our Will and Pleasure herein is; that the Plantation and Habitation of sufh of the said Colonies, as shall last plant themselves, as aToresaid, shall not be made within one hundred like :English Miles of the other of them, that first began to make their Plantation, as aforesaid.
    8. And we do also ordain, establish, and agree, for Us, our Heirs, and Successors, that eah of the said Colonies shall have a Conncil, which shall govern and order all Matters and Causes, whih shall arise, grow, or happen, to or within the.s.ame several Colonies, according to suh l.aws, Ordinances, and Instructions, as shall be, in tbat behalf, given and signed with Our Hand or Sign Manual, and pass under the Privy .Seal of our Realm of England; Each of whi Councils shall consist of thirteen Persons, to be ordained, made, and removed, from time to time, nccording as shall be directed and comprised in the same instructions; And shall have a several Seal, for all Matters tbat shall pass or concern the same seYera1 Conncils; Each of whih Seals shall h aYe the King's Arms engraven on the one Side thereof, and his Portraiture on the other; And that the Seal for the Conncil of the said first Colony shall have engraven ronnd about on the one Side, these Words; Sigillum Regis Maguae Britanniae, Franciae, & Hiberniae; on the other Side this Inscrip tion, ronnd about: Pro Concilio primae Coloniae Virginiae. And the Seal for the Council of the said second Colony shall so have engraven, round about the one Side thereof, the aforesald Words; Sigillum Regis Magnae Britanniae, Franciae; & Hiberniae, and on the other Side: Pro Concilio secundue Coloniae Virginiae.
    9. And that also there shall be a Council established here in England, whih shall, in like Manner, consist of thirteen Persons, to be, for that Purpose, appointed by Us, our Heirs, and Successors, w-hih shall be called our Council of Virginia; And shall, from time to time, hsve the superior Managing and Direction, ouly of and for all Matters, that shall or may concorn the Governwent, as well of the said several Colonies, as of and for any other Part or Place"within the aforesaid Precints of four and thirty and five and forty Degrees, abovementioned; Whi 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 Inseription, engraven round about on the one Side: Sigillum Regis Magnae Britanniae, Franciae, & Hiberniae; and round about the other Side, Pro Concilio suo Virginiae.
    10. And moreover, we do grant and agree, for Us, our Heirs, and SucCESSO1'S, 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 scar for all Manner of Mines of (;old, Silver, and Copper, as well within any part of their said several Colonies, as for the sald main Lands on the Baside 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 aforesald, without anv other Manner of Profit or Account, to be given or yielded to Us, our Heirs, or Successors, for or in Respect of the same.
    11. 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 Traffi and Bargaining between and amongst them and the Natives there, of such Metal, and in su Manner and Form, as the said several Councils there shall limit and appoint. ll. And we do likewise, for>Us, our Hcirs, and Successors, by these Presents, give fnll Power and Authority to the said Sir Thomas Gates, Sir Gerge Somers, Rihard Hacklult, Edward-Maria Wingheld, Thomas Hanhan, Ralegh Gilbert, William Parker, and George Popham, and to every of them, and to the said several Companies, Plantations, and Colonie, tbat they, and every of them, shall and may, at all and every time and times hereafter, have, take, and lead in the sald Voyage, and for an<1 t&wards the said several Plantations and Colonies, and to travel 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 sufricient Shipping, and Furniture of Armour, Weapons, OFdinance, Powder, Viclual, and all other things, necessary for the said Pqantations, and for their.Use and Defence there: Provided always, that none of the said Persons be suh, as shall hereafter be specially restrained by Us, our Heirs, of Successors.
    12. Moreover, we do, by these Presents, for Us, our HeTrs, and Successors, give and grant Licence unto the sald Sir Thomas Gates, Sir George Soners, Riard Hackluit, Edward-Maria. Wingfield, Thomas Hanham, P`alegh Gilbert, Willium Parker, and George Popham, and to every of the said Colonies, that they, and every of them, shall and may, from tune to tine, and at all times for ever hereafter, for their several Defences, encounter, expulse, repel, and resist, as well y Sea as by Land, by all Ways and Means whatsoever,. all and every such Person and Persons, as without the e,special Licence 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 entrprise or attempt, at any time hereafter, the Hurt, Detriment, or Anroyance, of the said several Colonies or Plantations.
    13. Giving and granting, by these Presents, unfo the said Sir Thomas Gates, Sir George Somers, Riard Hackluit, Edward-Maria Wingfield, and their Associates of the said first Colony, and unfo the said Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham, and iheir 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 dll Ways and LIeans whatsoever, all and every Person and Persons, with their Ships, Vessels, Goods and other Furniture, whi shall be found trafficking, into any Harbour or Harbours, Creck or CreeL-s, 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 tbat Colony, ,-ithin whose Limits and Precincts they shall so traffick, two and a half pon 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 ancl Merchandises, as they shall traf£icl<, buy, or sell, within the Precincts of the said several Colenies, wherein they shall so traffick, buy, or sell, as aforesaid; Whi 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 emploled to the Use, Benefit, and Behoof of the said several Plantations, where su Traffick shall be made; And after the said one and twenty Years endec], the same shall be taken to the Use of Us, our lIeirs, and Successors, shall be thereunto assigned or appointed.
    14. And we do further, by these Presents, for Us, our Heirs, and Successors, give and grant unfo the said Sir Thomas Gates, Sir George Somers, Richard Hakluit, and Edward-Maria Wingfield, and to their AssoeIates of the said first Colony and Plantation, and to the said lhomas Hanham, Ralegh Gilbert, William Parker, and George Popham,and their Associates of the said secQnd Colony and Plantation, that they, and cvery of them, by their Deputies, Ministers, and Faciors, may transport the GooUs, Chattels, Armour, Munition, and Furniture, needful to be used by them, for their said Apparel, Food, Defence, or otherwise in Respect of the sald Plantations, out of our Realms of England and Ireland, and all other our Dominions, from time to time, for ancl during the Time of seven Years, next ensueing the Date hereof, for the better Relief of the sald several Colonies and Plantations, without any Custom, Subsidy, or other Duty, unfo Us, our Heirs, or Successors, to be yielded or paid for the same.
    15. Also we do, for Us, our Heirs, and Successors, declare, by these Presents, that all and every the Persons, being our Subects, which shall dvell and inhabit within every or any of the sald soveral 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 Libertyes, Eranchises, 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 sald Dominions.
    16. 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, whi shall be of any of the said Colonies and Plantations, or any other, which shall traffick to the said Colonies and Plantations, or any of thern, shall, at any time or times herenfter, transport any Wares, Merchandises, or Commodities, out of any our Dominions, ith a Pretence ta land, sell, or otherwise dispose of the same, within any the Limits and Precinets of any the said Colonies and Plantations, and yet nevertheless, being at Siea, or after he hath landed the same ,vithin any of the said Colonies and Plantations, shall carry the snwe into any other Foreign Conntry, 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 Transport.ation tv-as made, shall be forfeited to Us, our HeTrs, and Successors.
    17. Provided alwayis, and our Will and Pleasure is, and we do hereby declare to all Christian Kings, Princes, and States, that if an`; 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 Appoiniment, shall, at any time or times hereafter, rob or spoll, by Sea or b, Land, or do any Act of unJust and unlawful Hostility, to any the SubJects of Us, our Heirs, or Successors, or any the SubJect of any King, Prince,' Ruler, Governor, or State, being then in League Qt Amity with Us, our Heirs, or Successors, and that upon suh InJury, or upon JUSt Complaint of such Prince, Ruler, Governor, or State, or their Subects, 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 Robtery or Spoil, .shall, vithin the Term to be limited by suh Proclamations, make full Restitution or Satisfacion of all such InJuries done, so as the said Princes. or others, so complaining, may hold themselves fuilysatisfled and contented; And that, if the said Person or Persons, having committed su BobLery or Spoil, shall not make, or cause to be made, Satisfaclion arscjrdingly, 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, Abetters, or 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, Abetters, and Comforters, in that Behalf.
    18. And finally, we do, for Us, our Heirs, and Successors, Grant and agree, to and with the said Sir Thomas Gates, Sir George Somers, R;6hard Hackluit, and Edward-Maria Wingfield, and all others of the said first C'olony, 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 unfo suh Persons, their Hes, and Assigns, as the Conncil of .lhat 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-Greenwih in the County of Kent, in free and common Soccage only, and not in Capite.
    19. And do, in like Manner, grant and agree, for Us, Us Heirs, and Suceessors, to and with the said Thomas Hanham Ralegh Gilbert,Willin Parker, and George Popham, and all others of the said second Colony, that We, our Heirs, and Successors, upon Petition in thatBehalf to be made, shall, by Letters-patent under the Great Seal of England, give and grant lnfo such Persons, their Heirs, and Assigus, as the Conncil 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 HeTrs, and Successors, as of our Manour of East-Greenwih in the Country of Kent, in free and comwon Soccage only, and not in Capite.

    20. All which Lands, Tenements, and Hereditaments, so to be passerl by the said soveral L`tters-patent, shall be sufficient Assurance from the said Patentees, so distributed and divided amongst the Undertakers for tIe Plantation of the said several Colonies, and such as shall make their Flantations in either of the said several Colonies, in sch Manner and For, and for suh Estates, as shall be ordered and set down by the Council of the said Colony, or the most Part of them, respeclively, within hi the same Lands, Tenements, and Hereditaments shall lye or be... .

     

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