Saturday, June 18, 2005

The Avalon Project : Charter to Sir Walter Raleigh : 1584

I remember reading, years ago, a historian's contention that world history shifted dramatically, and for the better, because in the 16th century Queen Elizabeth made a point of having her colonies ruled by laws instead of giving her colonial leaders authority to do what they wanted - and because she put it in writing so there wouldn't be any question about it. And, no, I can't remember his name off the top of my head. Sorry.

But I do find the contention interesting. And aren't old documents interesting, anyway?

From the 1584 Charter to Sir Walter Raleigh (emphasis mine):
ELIZABETH by the Grace of God of England, Fraunce and Ireland Queene, defender of the faith, &c. To all people to whome these presents shall come, greeting.

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...And wee doe graunt to the saide Walter Ralegh, his heires, and assignee, and to all, and euery of them, and to all and euery other person, and persons being of our allegiance, whose names shall be noted or entred in some of our Courtes of recorde within our Realme of Englande, that with the assentof the saide Walter Ralegh,his heires or assignes, shall in his journeis for discouerie, or in the iourneis for conquest, hereafter trauelle to such lands, countreis and territories, as aforesaide, and to their, and to euery of their heires, that they, and every or any of them, being either borne within our saide Realmes of Englande, or Irelande or in any other place within our allegiance, and which hereafter shall be inliabiting within any the lands, Countreis, and territories, with such licence (as aforesaide) shall and may haue all the priniledges of free Denizens, and persons native of England, and within our allegiance in such like ample manor and fourme, as if they were borne and personally resident within our saide Realme of England, any lawe, custome, or vsage to the contrary notwithstanding.

And for asmuch as upon the finding out, discovering, or inhabiting of such remote lands, countreis, and territories as aforesaid, it shal be necessary for the safetie of al men, that shal aduenture them selues in those murnies or voyages, to determine to line together in Christian peace, and ciuil quietnes ech with other, whereby euery one may with snore pleasure and profit enjoy that whereunto they shall attaine with great Paine and perill, we for vs. our heires and successors, are likewise pleased and contented, and by these presents do giue and graunt to the said Walter Ralegh, his heires and assignee for ever, that tree and they, and euery or any of them, shall and may from time to time for euer hereafter, within the said mentioned remote lances and Countreis in the way by the seas thither, and from thence, inane full and meere power and authoritie to correct, punish, pardon, gouerne, and rule by their and euery or any of their good discretions and pollicies, as well in causes capital, or criminal!, as ciuil, both marine and other all such our subjects as shall from time to time aduenture themselves in the said iournies or voyages, or that shall at any time hereafter inhabite any such lances, countreis, or territories as aforesaide, or shall abide within 200. leagues of any of the saide place or places, where the saide Walter Raleqh, his heires or assignee, or any of them, or any of his or their associates or companies, shall inhabits within 6. yeeres next ensuing the date hereof, according to such statutes, lawes and ordinances, as shall bee by him the saide Walter Raleqh his heires and assignee, and euery or any of them deuised, or established, for the better government of the said people as aforesaid. So always as the said statutes, lawes, and ordinances may be as neere as conveniently may be, agreeable to the forme of the lawes, statutes, governement, or pollicie of England, and also so as they be not against the true Christian faith, nowe professed in the Church of England, nor in any wise to withdraws any of the subjects or people of those lances or places from the allegiance of vs. our heires and successours, as their immediate Soueraigne vnder God.

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For the full 1584 Raleigh charter, go here. That website, for the Avalon Project at Yale Law School, features many other documents "relevant to the fields of Law, History, Economics, Politics, Diplomacy and Government."

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