CHAPTER V. _That this voyadge will be a greate bridle to the Indies of

the Kinge of Spaine. ..._

* * * * *

But the plantinge of tuoo or three stronge fortes upon some goodd havens (whereof there is greate store) betwene Florida and Cape Briton, woulde be a matter in shorte space of greater domage as well to his flete as to his westerne Indies; for wee shoulde not onely often tymes indannger his flete in the returne thereof, but also in fewe yeres put him in hazarde in loosinge some parte of Nova Hispania.

* * * * *

Nowe if wee (beinge thereto provoked by Spanishe injuries) woulde either joyne with these savages, or sende or give them armor, as the Spaniardes arme our Irishe rebells, wee shoulde trouble the Kinge of Spaine more in those partes, than he hath or can trouble us in Ireland, and holde him at suche a bay as he was never yet helde at.[3]

4. Drayton's Ode to the Virginian Voyage

This poem was written by Michael Drayton in 1606, in honor of the proposed Virginian voyage that founded Jamestown. The complete Ode contains twelve stanzas, as printed in Drayton's _Poems_ in 1619. It is reprinted in full in Brown's _Genesis of the United States_, I, 86-87.

* * * * *

You brave heroique minds, Worthy your countries name, That honour still pursue, Goe, and subdue, Whilst loyt'ring hinds Lurk here at home with shame.

* * * * *

And cheerefully at sea, Successe you still intice, To get the pearle and gold, _And ours to hold_, =Virginia=, Earth's only Paradise.

* * * * *

And in regions farre, Such heroes bring yee forth As those from whom we came; And plant our name Under that starre Not knowne unto our north.

5. Goodspeed to Virginia, 1609

This pamphlet (by Robert Gray) contains about 9000 words. It was never printed. Extracts are given in Brown's _Genesis of the United States_, 293 ff. It was written to encourage the reorganization of the Virginia Company in 1609. (Cf. _American History and Government_, # 25.) The first of the extracts below comes from the "Epistle Dedicatory."

_To the Right Noble and Honorable Earles, Barons, and Lords, and to the Right Worshipfull Knights, Merchants, and Gentlemen, Adventurers for the plantation of Virginea, all happie and prosperous successe, which may either augment your glorie, or increase your wealth, or purchase your eternitie._

Time ... consumes both man and his memorie. It is not brasse nor marble that can perpetuate immortalitie of name upon the earth. [But] A right sure foundation ... have you (My Lords and the rest of the most Worthie Adventurers for Virginia) laid for the immortalitie of your names and memorie, which, for the advancement of Gods glorie, the renowne of his Majestie, and the good of your Countrie, have undertaken so honourable a project, as all posterities shall blesse: and Uphold your names and memories so long as the Sunne and Moone endureth: Whereas they which preferre their money before vertue, their pleasure before honour, and their sensuall securitie before heroicall adventures, shall perish with their money, die with their pleasures, and be buried in everlasting forgetfulnes....

And therefore we may justly say, as the children of Israel say here to Joshua, we are a great people, and the lande is too narrow for us; so that whatsoever we have beene, now it behooves us to be both prudent and politicke, and not to deride and reject good powers of profitable and gainefull expectation; but rather to embrace every occasion which hath any probabilitie in its future hopes: And seeing there is neither preferment nor employment for all within the lists of our Countrey, we might justly be accounted as in former times, both imprudent and improvident, if we will yet sit with our armes foulded on our bosomes, and not rather seeke after such adventers whereby the Glory of God may be advanced, the teritories of our Kingdome inlarged, our people both preferred and employed abroad, our wants supplyed at home, His Majesties customes wonderfully augmented, and the honour and renown of our Nation spread and propagated to the ends of the World....

The report goeth, that in Virginia the people are savage and incredibly rude, they worship the divell, offer their young children in sacrifice unto him, wander up and downe like beasts, and in manners and conditions, differ very little from beasts, having no Art, nor science, nor trade, to imploy themselves, or give themselves unto, yet by nature loving and gentle, and desirous to imbrace a better condition. Oh how happy were that man which could reduce this people from brutishness to civilitie, to religion, to Christianitie, to the saving of their souls....

Farre be it from the hearts of the English, they should give any cause to the world to say that they sought the wealth of that Countrie above or before the glorie of God, and the propagation of his Kingdome.

Their second objection is [the argument of opponents of colonization] that this age will see no profit of this plantation. Which objection admit it were true, yet it is too brutish, and bewraies their neglect and incurious respect of posteritie: we are not borne like beasts for ourselves, and the time present only. ... What benefit or comfort should we have enjoyed in things of this world, if our forefathers had not provided better for us, and bin more carefully respective of posteritie than for themselves? We sow, we set, we build, not so much for ourselves as for posteritie; ... They which onely are for themselves, shall die in themselves, and shall not have a name among posterity; their rootes shall be dried up beneath, and above shall their branches bee cut down, their remembrance shall perish from the earth, and they shall have no name in the street. Job xviii; 16, 17.

Others object to the continuall charges [assessments] which will prove in their opinion very heavie and burdensome to those that shall undertake the said Plantation. These like the dog in the manger, neither eate hay themselves, neither will they suffer the Oxe that would. They never think any charge too much that may any way increase their owne private estate. They have thousands to bestow about the ingrossing of a commoditie, or upon a morgage, or to take their neighbors house over his head, or to lend upon usurie; but if it come to a publicke good, they grone under the least burden of charges that can bee required of them. =_These men should be used like sponges; they must be squeased, seeing they drink up all_=, and will yeeld to nothing, though it concerne the common good never so greatly. But it is demonstratively prooved in Nova Britannia, that the charges about this Plantation will be nothing, in comparison of the benefit that will grow thereof. And what notable thing I pray you can be brought to passe without charges? ... =_Without question, he that saves his money_=, where Gods glory is to be advanced, Christian religion propagated and planted, the good of the commonwealth increased, and the glorious renowne of the King inlarged is subject to the curse of Simon Magus, =_his money and he are in danger to perish together_=. Let none therefore find delaies, or faine excuses to withhold them from this imployment for Virginia, seeing every opposition against it is an opposition against God, the King, the Church, and the Commonwealth....

6. Nova Britannia, 1609

Peter Force's _Historical Tracts_, I (Washington, 1836).

This tract of some 12,000 words (equivalent to thirty-five pages of this volume) was written in 1609 for the same purpose as No. 5 above.

So I wish and intreat all well affected subjects, some in their persons, others in their purses, cheerefully to adventure, and joyntly take in hand this high and acceptable worke, tending to advance and spread the kingdome of God, and the knowledge of the truth, among so many millions of men and women, Savage and blind, that never yet saw the true light shine before their eyes ... as also for the honor of our King, and enlarging of his kingdome, and for preservation and defence of that small number our friends and countrimen already planted, least for want of more supplies we become a scorne to the world, subjecting our former adventures to apparent spoile and hazard, and our people (as a prey) to be sackt and puld out of possession, as were the French out of _Nova Francia_, not many yeares ago; and, _which is the lest and last respect_ (yet usuallie preferred), for the singular good and benefite that will undoubtedly arise to this whole nation, and to everie one of us in particular, that will adventure therein.

It is knowne to the world [reference to attempts of Raleigh and Gilbert] how the present generation, scorning to sit downe by their losses, made newe attempts, not induring to looke on whilst so huge and spacious countries (the fourth part of the world) and the greatest and wealthiest part of all the rest, should remain a wilderness, subject (for the most part) but to wild beasts and fowles of the ayre, and to savage people, which have no Christian nor civill use of any thing; and that the subjects onely of one Prince _Christian_ [Spaniards], which but within the memorie of man began first to creepe upon the face of those Territories, and now by meanes of their remnants settled here and there, do therefore imagine the world to be theirs, shouldring out all other nations, accounting themselves Kings and Commanders, not onely in townes and places where they have planted, but over all other partes of _America_, which containe sundrie vast and barbarous Regions, many of which (to this day) they never knew, nor did ever setle foote therein: which notwithstanding, if it were yeelded them as due, yet their strength and meanes, farre inferiour to their aspires, will never stretch to compasse ... the hundredth part.

But seeing we so passed by their dwellings, that in seating ourselves, wee sought not to unsettle them, but by Gods mercy, after many stormes, were brought to the Coast of another countrie, farre distant and remote from their habitations: why should any frowne or envie at it; or if they doe, why should wee (neglecting so faire an opportunitie) faint or feare to enlarge our selves? Where is our force and auncient vigour? Doth our late reputation sleepe in the dust? No, no, let not the world deceive it selfe; we still remaine the same, and upon just occasion given, we shall quickly shew it too:

... But wee must beware that ... that bitter root of greedy gaine be not so settled in our harts, that beeing in a golden dreame, if it fall not out presently to our expectation, we slinke away with discontent, and draw our purses from the charge. If any shew this affection, I would wish his baseness of minde to be noted. What must be our direction then? No more but this: if thou dost once approve the worke, lay thy hand to it cheerfully, and withdraw it not till thy taske bee done. In all assayes and new supplies of money be not lagge, nor like a dull horse thats alwaies in the lash; for heere lies the poison of all good attempts, when as men without halling and pulling, will not be drawne to performance, for by this, others are discouraged, the action lies undone, and the first expence is lost: But are wee to looke for no gaine in the lewe of all adventures? Yes undoubtedly, there is assured hope of gaine, as I will shew anon in due place; _but look it be not chiefe in your thoughts_. God, that hath said by _Solomon_: _Cast thy bread upon the waters, and after many daies thou shalt find it_: he will give the blessing.

... Two things are especially required herein, _people_ to make the plantation, and _money_ to furnish our present provisions and shippings now in hand: For the first, wee neede not doubt, our land abounding with swarmes of idle persons, which having no meanes of labour to releeve their misery, doe likewise swarme in lewd and naughtie practises, so that if we seeke not some waies for their forreine employment, wee must provide shortly more prisons and corrections for their bad conditions, for it fares with populous common weales as with plants and trees that bee too frolicke, which not able to sustaine and feede their multitude of branches, doe admit an engrafting of their buds and sciences into some other soile, accounting it a benefite for preservation of their kind, and a disburdening their stocke of those superfluous twigs that suck away their nourishment.

7. Statement of the Virginia Company, 1609

Brown's _Genesis of the United States_, I, 377 ff. This is one of the pamphlets put forth by the Company to stimulate stock subscription and emigration. As to the motives set forth in it, and in Nos. 2-6 above, cf. _American History and Government_, # 17.

_A True and Sincere Declaration of the Purposes and Ends of the Plantation in Virginia. By Authority of the Governor and Councillors, December 14, 1609._[4]

... If all these be yet too weake to confirm the doubtfull, or awake the drousie, then let us come nearer, and arise from their _reasons_ and _affections_ to their _soules_ and _consciences_: remember that what was at first but of _conveniency_, and for _Honour_ is now become a case of _necessity_ and _piety_: let them consider, that they have promised to adventure and not performed it; that they have encouraged and exposed many of _Honorable_ birth, and which is of more consequence 600 of our _Bretheren_ by our common mother the _Church_, Christians of one _Faith_ and one _Baptisme_, to a miserable and inevitable death. Let not any man flatter himself, that it concernes not him, for he that forsakes whome he may safely releeve, is as guilty of his death as he that can swim, and forsakes himself by refusing, is of his owne. Let every man look inward, and disperse that cloud of avarice, which darkeneth his spiritual sight and he will finde there that when he shall appeare before the _Tribunall of Heaven_, it shall be questioned him what he hath done? Hath he fed and clothed the hungry and naked? It shall be required, what he hath done for the advancement of that Gospell which hath saved him; and for the releefe of his makers Image, whome he was bound to save: O let there be a vertuous _emulation_ betweene us and the _Church_ of _Rome_, in her owne _Glory_, and _Treasury of Good Workes_! And let us turn all our contentions upon the common enemy of the _Name_ of CHRIST. How farre hath _she_ sent out her _Apostles_ and thorough how _glorious dangers_? How is it become a marke of Honor to her Faith, to have converted Nations, and an obloquie cast upon us, that we, having the better Vine, should have worse dressers and husbanders of it?....

APPENDIX.--To render a more particular satisfaction and account.... And to avoyde both the scandall and peril of accepting idle and wicked persons; such as shame or fear compels into this action (and such as are the weedes and ranknesse of this land; who, being the surfet of an able, healthy, and composed body must needes be the poison of one so tender, feeble, and as yet unformed); And to divulge and declare to all men, what kinde of persons, as well for their religion and conversations, as Faculties, Arts and Trades, we propose to accept of:--We have thought it convenient to pronounce that for the first provision, we will receive no man that cannot bring or render some good testimony of his religion to God, and civil manners and behaviour to his neighbor with whom he hath lived; And for the second, we have set downe in a Table annexed, the proportion, and number we will entertaine in every necessary Arte, upon proofe and assurance that every man shall be able to performe that which he doth undertake, whereby such as are requisite to us may have knowledge and preparation to offer themselves. And we shall be ready to give honest entertainment and content, and to recompence with extraordinary reward, every fit and industrious person respectively _to his Paines and quality_.

_The Table_ of such as are required to This _Plantation_.

_Foure honest and learned Ministers._ 2. Salt-makers. 6. Coopers. 2. Surgeons. 2. Coller-makers for draught. 2. Druggists. 2. Plow-wrights. 10. Iron men for the Furnace and Hammer. 4. Rope-makers. 6. Vine-dressers. 2. Armorers. 2. Presse-makers. 2. Gun-Founders. 2. Joyners. 6. Blacksmiths. 10. Sawyers. 2. Sope-ashe men. 6. Carpenters. 4. Pitch Boylers. 6. Ship-wrights. 2. Minerall men. 6. Gardeners. 2. Planters of Sugar-Cane. 2. Silke-dressers. 4. Turners. 2. Pearle Drillers. 2. Bakers. 4. Brickmakers. 2. Brewers. 2. Tile-makers. 2. Colliers. 6. Fowlers. 10. Fishermen. 4. Sturgeon dressers.

8. Marston's "Eastward Hoe"

Marston published this play in 1605 to caricature the intended Virginian colonization. The name is a survival of the idea that Columbus had found the East. In the extract, the mate, Sea Gull, at a tavern meeting, is persuading some young blades to embark for the venture.

* * * * *

_Sea Gull._ Come boyes, Virginia longs till we share the rest of her....

_Spendall._ Why, is she inhabited alreadie with any English?

_Sea Gull._ A whole countrie of English is there, men bread of those that were left there in '79 [Ralegh's colony of '87 is meant]; they have married with the Indians ... [who] are so in love with them that all the treasure they have they lay at their feete.

_Scape Thrift._ But is there such treasure there, Captaine ...?

_Sea Gull._ I tell thee, golde is more plentifull there then copper is with us; and for as much redde copper as I can bring, Ile have thrise the waight in gold. Why, man, all their dripping pans ... are pure gould; and all the chaines with which they chaine up their streets are massie gold; all the prisoners they take are fettered in gold; and for rubies and diamonds they goe forth on holydayes and gather 'em by the seashore to hang on their childrens coates, and sticke in their children's caps, as commonly as our children wear saffron-gilt brooches. ... Besides, there wee shall have no more law than consceince, and not too much of eyther.

9. Crashaw's "Daily Prayer"

Force's _Historical Tracts_, III (1844), page 67.

The ardent clerical advocates of expansion, like Hakluyt and Crashaw, resented bitterly such "jests of prophane players" as No. 8 above; and Crashaw retorted by this passage in his form for "A Prayer duly said [at Jamestown] Morning and Evening ... either by the Captaine of the watch himselfe, or by some one of his principall officers." This form was drawn up in 1609, before Delaware's expedition, and was incorporated afterward in Dale's Code of Laws. The prayer would fill some twelve pages of this volume.

And whereas we have by undertaking this plantation undergone the reproofs of a base world, insomuch that many of our oune brethren laugh us to scorne, O Lord, we pray thee fortifie us against this temptation. Let ... Papists and _players_ and such other ... scum and dregs of the earth, let them mocke such as helpe to build up the wals of Jerusalem, and they that be filthy, let them be filthy still; and let such swine still wallow in their mire....

10. Crashaw's Sermon, March 3/13, 1609/10

Brown's _Genesis of the United States_, page 360 ff.

This sermon was preached before Lord Delaware's Expedition, on the point of departure. The extract below was intended especially to refute such insinuations as those in No. 8. Cf. also the introduction to No. 9.

_Text (Luke 22-32). "But I have praied for thee that thy faith faile not: therefore when thou art converted, strengthen thy brethren."_

Oh but those that goe in person are rakte up out of the refuse, and are a number of disordered men, unfit to bring to passe any good action: So indeed say those =that lie and slander=. But I answer for the generalitie of them that goe, they be such as offer themselves voluntarily ... and be like (for ought that I see) to those [that] are left behind,--men of all sorts, better and worse. But for manie that go in person, let these objectors know, they be as good as themselves, and it may be, many degrees better....

This enterprise hath only three enemies. 1. The Divell, 2. The Papists, and 3. The Players. [Then, after paying respects to the first two] As for Plaiers: (pardon me, right Honorable and beloved, for wronging this place and your patience with so base a subject) they play with Princes and Potentates, Magistrates, and Ministers, nay, with God and Religion, and all holy things: nothing that is good, excellent, or holy can escape them: how then can this action? But this may suffice, that they are _Players_. They abuse Virginia, but they are but _Players_: they disgrace it: true, but they are but _Players_. ... The divell hates us, because wee purpose not to suffer Heathens; and the Pope, because we have vowed to tolerate no Papists. [Cf. Charter of 1609.] So doe the Players, because wee resolve to suffer no Idle persons in Virginea, which course, if it were taken in England, they know _they_ might turn to new occupations.

11. Sir Edwin Sandys, 1612

Neill's _Virginia and Virginiola_ (1878), page 44.

Sandys, then a member of the Council of the London Company, wrote to delinquent stockholders, urging the payment of subscriptions (April 8/18, 1612).

... presuming greatly of your affectionate Redines to aid ... so worthy an Enterprise, tending so greatly to the Enlargement of the Christian Truth, the Honour of our Nation, and Benefit of the English People....

12. Governor Dale to the London Company, 1613

_Records of the Virginia Company of London_ (edited by Susan Kingsbury; Washington, 1906), II, 399-400.

Sir Thomas Dale wrote the following exhortation to Sir Thomas Smith, "Treasurer" of the Company, on June 13/23, 1613. This extract was read ten years later in a meeting of the Company.

Lett me tell you all at home this one thinge, and I pray remember it,--if you give over this Country and loose it, you with your wisedomes will leape such a gugion as our state hath not done the like since they lost the Kingdome of ffraunce: be not gulled with the clamorous reports of base people ... if the glory of god hath noe power with them, and the conversion of these poore Infidells, yet lett the rich Mammon's desires egge them on to inhabite these Countries. I protest unto you by the faith of an honest man, the more I range the Country, the more I admire it. I have seene the best Countries in Europe. I protest unto you before the Living God, put them altogether, this Country will be equivalent unto them if it be inhabited with good people.

[The _Records_ continue, that, when this letter had been read, two members added that they had heard Dale say "that in his judgment out of foure of the best Kingdomes in Europe there could not be picked out soe much good ground as was in Virginia."]

13. The London Company not Mercenary

From Captain John Smith's _Generall Historie of Virginia_ (Birmingham edition of the _Works_, 1884, page 527). The passage was published in 1616, when Smith was at odds with the Company; but he defends that body gallantly against unjust charges.

This deare bought Land, with so much bloud and cost, hath onely made some few rich, and all the rest losers [which fate, however, does not deter their efforts, Smith explains] ... For the Nobilitie and Gentrie, there is scarce any of them expects anything but the prosperitie of the Action [success of the colony]; and there are some Merchants ... I am confidently persuaded, doe take more care and paines, nay, and at their continuall great charge, than they could be hired to for the love of money; so honestly regarding the generall good of this great Worke, they would hold it worse than sacrilege to wrong it but a shillinge.

14. John Smith's Last Plea for Colonization, 1631

Captain John Smith's _Works_ (Birmingham edition), 935, 962.

... and what hath ever beene the worke of the best great Princes of the world, but planting of Countries, and civilizing barbarous and inhumane Nations to civility and humanity; whose eternall actions fils our histories with more honour than those that have wasted and consumed them by warres.

... the _Portugals_ and _Spaniards_ that first began plantations in this unknowne world of _America_ [their "everlasting actions"] will testifie our idlenesse and ingratitude to all posterity, and neglect of our duty and religion we owe our God, our King, and Countrey.... Having as much power and meanes as others, why should English men despaire, and not doe as much as any? ... Seeing honour is our lives ambition, and our ambition after death to have an honourable memory of our life ... let us imitate their vertues, to be worthily their successors.

* * * * *

I speak not this to discourage any with vaine feares, but could wish every English man to carry alwaies this Motto in his heart,--Why should the brave Spanish Souldiers brag, The Sunne never sets in the Spanish dominions, but ever shineth on one part or other we have conquered for our King: ... but to animate us to doe the like for ours, who is no way his inferior.

And truly there is no pleasure comparable to a generous spirit as good imploiment in noble actions, especially amongst Turks, Heathens, and Infidels; to see daily new Countries, people, fashions, governments, stratagems; releeve the oppressed, comfort his friends, passe miseries, subdue enemies, adventure upon any feazable danger for God and his Country.

[The fine, idealistic motives of colonization, which have been treated in this Division (Nos. 2-14), are touched upon in many other documents. See especially the missionary purpose in No. 26 c, below.]

FOOTNOTES:

[3] Sir Philip Sydney urged his countrymen "to check the dangerous and increasing power of Spain and Rome in the New World by planting English protestant settlements there, which will increase until they extend from ocean to ocean." (Brown, _First Republic_, 1, 2.)

[4] Nos. 5-7 are taken from the voluminous literature of like character in _one_ year, in order to make more vivid the amount available.

III. ILLUSTRATIVE OF VIRGINIA HISTORY TO THE INTRODUCTION OF SELF-GOVERNMENT (1606-1619)

15. The Gilbert and Raleigh Charters

Queen Elizabeth's charter to Sir Humphrey Gilbert (June, 1578) was first printed in Hakluyt's _Voyages ... and Discoveries of the English Nation_ (1589). The Goldsmid edition of Hakluyt gives it, I, 360 ff. After Gilbert's death, Elizabeth reissued the charter to Sir Walter Raleigh (1584), with changes only in names and date. The Raleigh grant is easily accessible in Poore's _Charters and Constitutions_, under the head of North Carolina, or in Thorpe's _American Charters and Constitutions_.

=The Letters Patents= _graunted by her Maiestie to Sir Humfrey Gilbert, knight, for the inhabiting and planting of our people in America_.

I.--Elizabeth by the grace of God Queene of England, ... To all people to whom these presents shall come, greeting. Know ye that ... we ... by these presents ... do give and graunt to our trustie and welbeloved servant Sir Humfrey Gilbert of Compton, in our Countie of Devonshire knight, and to his heires and assignes for ever, free libertie and licence from time to time and at all times for ever hereafter, to discover, ... remote, heathen and barbarous lands ... not actually possessed of any Christian prince or people ... and the same to have, hold, occupie and enjoy to him, his heires and assignes for ever, with all commodities, jurisdictions, and royalties both by sea and land:... And wee doe likewise by these presents ... give full authoritie and power to the saide Sir Humfrey, his heires and assignes, ... that hee and they ... shall and may at all and every time and times hereafter, have, take, and lead in the same voyages, to travell thitherward, and to inhabite there ... so many of our subjects as shall willingly accompany him ... with sufficient shipping, and furniture for their transportations,--so that none of the same persons ... be such as hereafter shall be specially restrained by us, ... And further, that he, the said Humfrey, his heires and assignes ... shall have, hold, occupy, and enjoy for ever, all the soyle of all such lands, countries, and territories so to be discovered or possessed as aforesaid, and of all Cities, Townes, and Villages, and places, in the same, with rites, royalties and jurisdictions, as well marine as other, within the sayd lands or countreys ... with ful power to dispose thereof, and of every part thereof, in fee simple or otherwise, according to the order of the laws of England, as nere as the same conveniently may be, paying unto us, for all services, dueties and demaunds, the fift part of all the oare of gold and silver, that from time to time, ... shall be there gotten; all which lands, countreys, and territories, shall for ever bee holden by the sayd Sir Humfrey, his heires and assignes of us, our heires and successours by homage, and by the sayd payment of the sayd fift part before reserved onely, for all services.

II.--AND moreover, we doe by those presents ... give and graunt licence to the sayde Sir Humfrey Gilbert, his heires or assignes ... that hee and they ... shall and may from time to time and all times for ever hereafter, for his and their defence, encounter, expulse, repell, and resist, as well by Sea, as by land, and by all other wayes whatsoever, all, and every such person and persons whatsoever, as _without the speciall licence and liking_ of the sayd Sir Humfrey, and of his heires and assignes, shall attempt to inhabite within the sayd countreys,... or that shall enterprise or attempt at any time hereafter unlawfully to annoy either by Sea or land, the said sir Humfrey, his heires and assignes, or any of them:

III.-- ... And wee doe graunt to ... all ... persons, being of our allegiance, whose names shall be noted or entred in some of our courts of Record, within this our Realme of England, and that with the assent of the said sir Humfrey, his heires or assignes, shall travel to such lands, ... and to their heires: =that they and every or any of them, ... shall, and may have, and enjoy all privileges of free denizens and persons native of England, and within our allegiance: any law, custome, or usage to the contrary notwithstanding.=

IV.--AND forasmuch as upon the finding out, discovering and inhabiting of such remote lands, countreys and territories, as aforesayd, it shall be necessarie for the safetie of all men that shall adventure themselves in those journeys and voiages, to determine to live together in Christian peace and civill quietnesse each with other, whereby every one may with more pleasure and profit enjoy that whereunto they shall attaine with great paine and perill: wee, for us, our heires and successours, are likewise pleased and contented, and by these presents do give and graunt to the sayd sir Humfrey and his heires and assignes for ever, that he and they, and every or any of them, shall and may from time to time for ever here after within the sayd mentioned remote lands and countreys, and in the way by the Seas thither, and from thence, have full and meere power and authoritie to correct, punish, pardon, govern and rule by their and every or any of their good discretions and pollicies, as well in causes capitall or criminall, as civill, both marine and other, all such our subjects and others, as shall from time to time hereafter adventure themselves in the sayd journeys or voyages ... or that shall at any time hereafter inhabite any such lands, countreys or territories as aforesayd,... according to such statutes, lawes and ordinances, as shall be by him the said sir Humfrey, his heires and assignes, or every or any of them, devised or established for the better government of the said people as aforesayd: so alwayes that the sayd statutes, lawes, and ordinances may be, as neere as conveniently may, agreeable to the forme of the lawes and pollicy of England: and also, that they be not against the true Christian faith or religion now professed in the church of England, nor in any wise to withdraw any of the subjects or people of those lands or places from the allegiance of us, our heires or successours, as their immediate Soveraignes under God....

=Hints for Study.=--1. Observe that no exact district is granted; why? 2. Note the power of the proprietor: (_a_) to regulate settlement; (_b_) to repel invasion; (_c_) to administer the government; (_d_) to make laws. 3. Note the guarantee of rights to the settlers; could it have been meant to cover the "right to vote," when taken in connection with the rest of the charter? 4. What church is established for the colony? Read and criticise Fiske's amazing misstatement in _Old Virginia_, I, 31, regarding this charter.

16. First Charter for Colonizing Virginia; April 10/20,[5] 1606

This charter was first printed by Stith in his _History of Virginia_ (1747). Stith compiled carefully the four manuscript copies discoverable by him, and his text is usually followed. The text here given is taken from his work (Sabin's Edition, 1865). For secondary accounts, see _American History and Government_, # 22, and references for the same.

I.--JAMES, by the grace of God, King of England, Scotland ... etc. =_Whereas_= our loving and well-disposed 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, ... 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,...

II.--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 do 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 our Cities of _Bristol_ and _Exeter_, and of our Town of _Plimouth_, and of other Places, ... which do desire to begin their Plantation and Habitation in some fit and convenient Place, between eight and thirty Degrees and five and forty Degrees of the said Latitude,...

III.--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 such People, as yet live in Darkness and miserable Ignorance of the true Knowledge and Worship of God, and may in time bring the Infidels and Savages living in those Parts to human Civility, and to a settled and quiet Government; DO, by these our Letters Patents, graciously accept of, and agree to, their humble and well-intended Desires;

IV.--AND do therefore, for Us, our Heirs, and Successors, GRANT and agree, that the said Sir _Thomas Gates_, Sir _George Somers_, _Richard Hackluit_, and _Edward-Maria Wingfield_, Adventurers of and for our City of _London_, and all such others, as are, or shall be, joined unto them of that Colony, shall be called the _first Colony_; And they shall and may begin their said first Plantation and Habitation, at any Place upon the said Coast of _Virginia_ or _America_, where they shall think fit and convenient between the said four-and-thirty and one-and-forty Degrees of the said Latitude; And that they shall have all the Lands, Woods, Soil, Grounds, Havens, Ports, Rivers, Mines, Minerals, Marshes, Waters, Fishings, Commodities, 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 _West_ 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 Lands, Soil, Grounds, [etc.] ... from the said Place of their first Plantation and Habitation for the space of fifty like _English_ Miles, ... towards the _East_ and _Northeast_, or towards the _North_, as the Coast lyeth, together with all the Islands within one hundred Miles, directly over against the said Sea Coast; And also all the Lands, Woods, Soil, Grounds, [etc.] ... from the same fifty Miles 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, according to their best Discretion, and the Discretion of the Council of that Colony....

V.--AND we do likewise, 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 of _Plimouth_ in the County of _Devon_, or elsewhere, which are, or shall be, joined unto them of that Colony, shall be called the _second Colony_; And that 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_ and _America_, where they shall think fit and convenient, between eight and thirty Degrees of the said Latitude, and five and forty Degrees of the same Latitude; And that they shall have all the Lands [Here follows a passage duplicating the corresponding part of section IV for the other subcompany.]

VI.--PROVIDED always ... that the Plantation and Habitation of such of the said Colonies as shall last plant themselves, as aforesaid, shall not be made within one hundred like English miles of the other of them that first began to make their Plantation, as aforesaid.

VII.--AND we do also ordain, establish, and agree, for Us, our Heirs, and Successors, that each of the said Colonies shall have a Council, which shall govern and order all Matters and Causes, which shall arise, grow, or happen, to or within the same several Colonies, according to such Laws, Ordinances, and Instructions, as shall be, in that behalf, given and signed with Our Hand or Sign Manual, and pass under the Privy Seal of our Realm of _England_; Each of which Councils shall consist of thirteen Persons, to be ordained, made, and removed, from time to time, according as shall be directed and comprised in the same instructions. [Provision for "seals" for the councils.]

VIII.--AND that also there shall be a Council established here in _England_, which shall, in like Manner, consist of thirteen Persons, to be, for that Purpose, appointed by Us, our Heirs and Successors, which shall be called our _Council of Virginia_; And shall, from time to time, have the superior Managing and Direction, only of and for all Matters, that shall or may concern the Government, as well of the said several Colonies, as of and for any other Part or Place within the aforesaid Precincts of four and thirty and five and forty Degrees, above-mentioned [Provision for a seal.]

IX.--[Grant of right to mine for precious metals, yielding to the monarch the fifth part of gold and silver and the fifteenth part of copper.]

X.--[Right to coin money in the colonies.]

XI.--AND we do likewise, for Us, our Heirs, and Successors, by these Presents, give full Power and Authority to the said Sir _Thomas Gates_, Sir _George Somers_, _Richard Hackluit_, _Edward-Maria Wingfield_, _Thomas Hanham_, _Ralegh Gilbert_, _William Parker_, and _George Popham_, and to every of them, and to the said several Companies, Plantations, and Colonies, that they, and every of them, shall and may, at all and every time and times hereafter, have, take, and lead in the said Voyage, and for and towards 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; ... PROVIDED always that none of the said Persons be such as shall hereafter be specially restrained by Us, our Heirs, or Successors.

XII.--MOREOVER, we do, by these Presents, for Us, our Heirs, and Successors, GIVE AND GRANT Licence unto the said Sir _Thomas Gates_, Sir _George Somers_, _Richard Hackluit_, _Edward-Maria Wingfield_, _Thomas Hanham_, _Ralegh Gilbert_, _William Parker_, and _George Popham_, and to every of the said Colonies, that they, and every of them, shall and may, from time to time, and at all times for ever hereafter, for their several Defences, encounter, expulse, repel, and resist, as well by Sea as by Land, by all Ways and Means whatsoever, all and every such Person and Persons, as without the especial 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 enterprise or attempt, at any time hereafter, the Hurt, Detriment, or Annoyance, of the said several Colonies or Plantations:

XIII.--[A peculiarly obscure section, which provides that the governing bodies in the colonies may collect tariffs on imported goods,--2-1/2 per cent on English goods and 5 per cent on foreign goods; the proceeds to go to the proprietary Companies for 21 years, and afterward to the crown.]

XIV. AND we do further, by these Presents, for Us, our Heirs, and Successors, GIVE AND GRANT unto the said Sir _Thomas Gates_, Sir _George Somers_, _Richard Hackluit_, and _Edward-Maria Wingfield_, and to their Associates of the said first Colony and Plantation, and to the said _Thomas Hanham_, _Ralegh Gilbert_, _William Parker_, and _George Popham_, and their Associates of the said second Colony and Plantation, that they, and every of them, by their Deputies, Ministers, and Factors, may transport the Goods, Chattels, Armour, Munition, and Furniture, needful to be used by them, for their said Apparel, Food, Defence, or otherwise in Respect of the said Plantations, out of our Realms of _England_ and _Ireland_, and all other our Dominions, from time to time, for and during the Time of seven Years, next ensuing the Date hereof, for the better Relief of the said several Colonies and Plantations, without any Custom, Subsidy, or other Duty, unto Us, our Heirs, or Successors, to be yielded or paid for the same.

XV.--ALSO we do, for Us, our Heirs, and Successors, DECLARE, by these Presents, that all and every the Persons, being our Subjects, which shall dwell and inhabit within every or any of the said several 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 Liberties, Franchises, 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 said Dominions.[6]

XVI.--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, which 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 them, shall, at any time or times hereafter, transport any Wares, Merchandises, or Commodities, out of any our Dominions, with a Pretence to land, sell, or otherwise dispose of the same, within any the Limits and Precincts of any the said Colonies and Plantations, and yet nevertheless, being at Sea, or after he hath landed the same within any of the said Colonies and Plantations, shall carry the same into any other Foreign Country, 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 Transportation was made, shall be forfeited to Us, our Heirs, and Successors.

[Paragraph XVII reserves to the crown the right to disavow any unauthorized violence used by the Companies or their agents toward the subjects of other European countries; so that England need not be drawn into war by the colony if the king choose instead to leave it to its fate. The remaining paragraphs have to do mainly with landholding. They provide for a simpler method of transfer than was then common in England, and provide also that all land should be held as a freehold, not by military service,--"TO BE HOLDEN of Us, our Heirs, and Successors, as of our Manor at _East-Greenwich_ in the County of _Kent_, in free and common Soccage only, and not in Capite."]

17. Instructions issued by King James

Hening's _Statutes_ (1809, 1823), I, 67 ff.

The following instructions for the guidance of the colonizing companies were issued by King James, November 20/30, 1606, in accordance with power reserved by him in the charter. They do not merit the ridicule which has been heaped upon them.

[Recital of the grant in preceding charter.]

Wee, according to the effect and true meaning of the same letters pattents, doe by these presents, ... establish and ordaine, that our trusty and well beloved Sir William Wade, knight, our Lieutenant of our Tower of London, Sir Thomas Smith, knight, Sir Walter Cope, knight, Sir Gorge Moor, knight, Sir Francis Popeham, knight, Sir Ferdinando Gorges, knight, Sir John Trevor, knight, Sir Henry Montague, knight, recorder of the citty of London, Sir William Rumney, knight, John Dodderidge, Esq., Sollicitor General, Thomas Warr, Esqr., John Eldred of the citty of London, merchant, Thomas James of the citty of Bristol, merchant, and James Bagge of Plymouth, in the county of Devonshire, merchant, shall be our councel for all matters which shall happen in Virginia of any the territories of America, between thirty-four and forty-five degrees from the æquinoctial line northward, and the Islands to the several colonies limited and assigned, and that they shal be called the King's Councel of Virginia, which councel or the most part of them shal have full power and authority, att our pleasure, in our name, and under us, our heires and successors, _to give directions to the councels of the several collonies_ which shal be within any part of the said country of Virginia and America, within the degrees first above mentioned, with the Islands aforesaid, for the good government of the people to be planted in those parts, and for the good ordering and disposing of all causes happening within the same, and the same to be done for the substance thereof, as neer to the common lawes of England, and the equity thereof, as may be, and to passe under our seale, appointed for that councel, which councel, and every or any of them shall, from time to time be increased, altered or changed, and others put in their places, att the nomination of us, our heires and successors, and att our and their will and pleasure; _And the same councel of Virginia, or the more part of them, for the time being shall nominate and appoint the first several councellours of those several councells which are to be appointed for those two several colonies_, which are to be made plantations in Virginia ... according to our said letters pattents in that behalfe made; And that each of the same councels of the same several colonies shal, by the major part of them, choose one of the same councel, not being the minister of God's word, to be president of the same councel, and to continue in that office by the space of one whole year, unless he shall in the mean time dye or be removed from that office; and wee doe further hereby establish and ordaine that it shal be lawful for the major part of either of the said councells, upon any just cause, either absence or otherwise, to remove the president or any other of that councel, ... from being either president or any of that councel, and upon the deathes or removal of any of the presidents or councel, it shal be lawfull for the major part of that councel to elect another in the place of the party soe dying or removed, so alwaies as they shal not be above thirteen of either of the said councellours, and we doe establish and ordaine, that the president shal not continue in his office of presidentship above the space of one year; and wee doe specially ordaine, charge, and require the said presidents and councells, and the ministers of the said several colonies respectively, within their several limits and precincts, that they, with all diligence, care, and respect, doe provide, that the true word and service of God and Christian faith be preached, planted, and used, not only within every of the said several colonies and plantations, but alsoe as much as they may amongst the salvadge people which doe or shall adjoine unto them, or border upon them, according to the doctrine, rights, and religion now professed and established within our realme of England; ... and moreover wee doe hereby ordaine and establish for us, our heires and successors, ... that the offences of tumults, rebellion, conspiracies, mutiny and seditions in those parts which may be dangerous to the estates there, together with murther, manslaughter, incest, rapes, and adulteries committed in those parts within the precincts of any the degrees above mentioned (and noe other offences) shal be punished by death, and that without the benefit of the clergy, except in case of manslaughter, in which clergie is to be allowed; and that the said several presidents and councells ... shall have full power and authority, to hear and determine all and every the offences aforesaid, within the precinct of their several colonies, in manner and forme following, that is to say, by twelve honest and indifferent persons sworne upon the Evangelists, to be returned by such ministers and officers as every of the said presidents and councells, or the most part of them respectively shall assigne, and the twelve persons soe returned and sworne shall, according to the evidence to be given unto them upon oath and according to the truth, in their consciences, either convict or acquit every of the said persons soe to be accused and tried by them, ... and that every the said presidents and councells, within their several limits and precincts, shall have power and authority by these presents, to hear and determine all and every other wrongs, trespasses, offences, and misdemeanors whatsoever, other than those before mentioned, upon accusation of any person, and proofe thereof made, by sufficient witnesse upon oath; and that in all those cases the said president and councel ... shall have power and authority to punish the offender, either by reasonable corporal punishment and imprisonment, or else by a convenient fine, awarding damages or other satisfaction to the party grieved, as to the same president and councell shall be thought fitt and convenient, having regard to the quality of the offence, or state of the cause; and that alsoe the said president and councel, shall have power and authority, by virtue of these presents, to punish all manner of excesse, through drunkennesse or otherwaise, and all idle loytering and vagrant persons, which shall be found within their several limits and precincts, according to their best discretions, and with such convenient punishment, as they or the most part of them shall think fitt; ... Alsoe our will and pleasure is, and wee doe hereby establish and ordaine, that the said several collonies and plantations, ... shall ... for the space of five years, next after their first landing upon the said coast of Virginia and America, trade together all in one stocke (or devideably, but in two or three stocks at the most), and bring not only all the fruits of their labours there, but alsoe all such other goods and commodities which shall be brought out of England, or any other place, into the same collonies, into severall magazines or store houses, for that purpose to be made and erected there, and that in such order, manner, and form, as the councel of that collony, or the more part of them, shall sett downe and direct....

18. Instructions by the Council in England to the Expedition to Virginia; December, 1606

Printed first in Neill's _Virginia Company_ (1869) from the manuscript records of the Company at Washington. Reprinted in full in Brown's _Genesis_, I, 79 ff. About a third of the paper is given here.

When it shall please God to send you on the coast of Virginia, you shall do your best endeavour to find out a safe port in the entrance of some navigable river making choice of such a one as runneth farthest into the land, and if you happen to discover divers portable rivers, and amongst them any one that hath two main branches, if the difference be not great, make choice of that which bendest most to the North-West, _for that way you shall soonest find the other sea_.

When you have made choice of the river on which you mean to settle, be not hasty in landing your victuals and munitions, but first let Captain Newport discover how far that river may be found navigable, that you make election of the strongest, most wholesome and fertile place; for if you make many removes, besides the loss of time, you shall greatly spoil your victuals and your casks, and with great pain transport it in small boats.

* * * * *

When you have discovered [explored] as far up the river as you mean to plant yourselves, and landed your victuals and munitions, to the end that every man may know his charge, you shall do well to divide your six score men into three parts, whereof one party of them you may appoint to fortifie and build, of which your first work must be your store-house for victual; the other you may imploy in preparing your ground and sowing your corn and roots; [but] ten of these forty you must leave as centinel at the haven's mouth. The other forty you may imploy for two months in discovery of the river above you, and on the country about you,...

* * * * *

In all your passages you must have great care not to offend the naturals, if you can eschew it, and imploy some few of your company to trade with them for corn and all other lasting victuals, if they have any, and this you must do before that they perceive you mean to plant among them; for not being sure how your own seed corn will prosper the first year, to avoid the danger of famine, use and endeavour to store yourselves of the country corn.

* * * * *

And how weary soever your soldiers be, let them never trust the country people with the carriage of their weapons, for if they run from you with your shott, which they only fear, they will easily kill them all with their arrows. And whensoever any of yours shoots before them, be sure that they be chosen out of your best marksmen, for if they see your learners miss what they aim at, they will think the weapon not so terrible, and thereby will be bould to assault you.

Above all things do not advertize the killing of any of your men, that the country people may know it; if they perceive that they [you] are but common men, and that with the loss of many of theirs, they may deminish any part of yours, they will make many adventures upon you. If the country be populous, you shall do well also not to let them see or know of your sick men, if you have any, which may also encourage them to many enterprises. You must take especial care that you choose a seat for habitation that shall not be over burthened with woods near your town, for all the men you have shall not be able to cleanse twenty acres a year, besides that it may serve for a covert for your enemies round about.

Neither must you plant in a low or moist place because it will prove unhealthfull. You shall judge of the good air by the people, for some part of that coast where the lands are low have their people blear eyed, and with swollen bellies and legs; but if the naturals be strong and clean made, it is a true sign of a wholesome soil.

* * * * *

It were necessary that all your carpenters and other such like workmen about building do first build your store house and those other rooms of publick and necessary use before any house be set up for any private persons; yet let them all work together first for the company and then for private men.

* * * * *

Lastly and chiefly the way to prosper and achieve good success is to make yourselves all of one mind for the good of your country and your own, and to serve and fear God the Giver of all Goodness, for every plantation which our Heavenly Father hath not planted shall be rooted out.

19. Exploration and Sufferings

_a. Percy's Discourse_

"That Honorable Gentleman, Master George Percy," wrote a detailed narrative of the first months in Virginia. The manuscript is lost, but extended extracts from it (such as would fill some twenty-five pages of this volume) are preserved in the fourth volume of "Purchas his Pilgrimes" (1625).

... The six and twentieth day of Aprill about foure a clocke in the morning, wee descried the Land of Virginia: the same day wee enterd into the Bay of Chesupioc without any let or hinderance; there wee landed and discovered a little way, but we could find nothing worth the speaking of but faire meddowes and goodly tall Trees, with such Fresh-waters runninge through the woods as I was almost ravished at the first sight thereof.

At night, when wee were going aboard, there came the Savages creeping upon all foure, from the Hills, like Beares, with their Bowes in their mouthes, [and] charged us very desperately ... After they had spent their Arrowes and felt the sharpnesse of our shot, they retired into the Woods with a great noise, and so left us.

The [28th] day ... we went further into the Bay, and saw a plaine plot of ground where we went on Land ... we saw nothing there but a Cannow, which was made out of the whole tree, which was five and fortie foot long, by the Rule. Upon this plot of ground we got good store of Mussels and Oysters, which lay upon the ground as thicke as stones: wee opened some and found in many of them Pearles. ... We passed through excellent ground full of Flowers of divers kinds and colours, and as goodly trees as I have seene, as cedar, cipresse, and other kindes. Going a little farther, we came into a little plot full of fine and beautifull strawberries, foure times bigger and better than ours in England.

* * * * *

[The closing pages are in the main a list of deaths, through August and September.] Our men were destroyed with cruell diseases, as Swellings, Fluxes, Burning fevers, and by warres; and some departed suddenly, but for the most part they died of meere famine. There were never Englishmen left in a forreigne Countrey in such miserie as wee were ... Wee watched every three nights, lying on the bare cold ground, what weather soever came; [and] warded all the next day, which brought our men to bee most feeble wretches. Our feed was but a small can of Barlie sod in Water to five men a day; our drinke, cold water taken out of the River, which was at a flood verie Salt, at a low tide full of slime and filth, which was the destruction of many of our men. Thus we lived for the space of five months in this miserable distresse, not having five able men to man our Bulwarkes upon any occasion. If it had not pleased God to have put a terrour in the Savages heartes, we had all perished by those vild and cruell Pagans, being in that weake estate ... our men night and day groaning in every corner of the Fort most pittiful to heare. If there were any conscience in men, it would make their harts to bleede to heare the pittifull murmurings and outcries of our sick men without reliefe every night and day for the space of sixe weekes, some departing out of the World, many times three or foure in a night, in the morning their bodies trailed out of their Cabines like Dogges to be burried.

_b. "Gentlemen" in Virginia in 1608_

From an account written probably by Captain Todkill, a rough soldier, and published in Smith's _Works_ (Birmingham edition), 439.

But 30 of us he [Smith] conducted doune the river some 5 myles from James toune, to learne to make Clapbord, cut doune trees, and lye in the woods. Amongst the rest he had chosen Gabriel Beadle, and John Russell, the onely two gallants of this last Supply, and both proper Gentlemen. Straunge were these pleasures to their conditions; yet lodging, eating, and drinking, working or playing, they [were] but doing as the President did himselfe. All these things were carried so pleasantly as within a weeke they became Masters: making it their delight to heare the trees thunder as they fell; but the Axes so oft blistered their tender fingers that many times every third blow had a loud othe to droune the eccho; for remedie of which sinne, the President devised how to have every mans othes numbred, and at night for every othe to have a Cann of water poured doune his sleeve, with which every offender was so washed (himselfe and all) that a man should scarce heare an othe in a weeke.

_By this, let no man thinke that the President and these Gentlemen spent their times as common Wood haggers at felling of trees, or such other like labour, or that they were pressed to it as hirelings, or common slaves; for what they did, after they were but once a little inured, it seemed ... onely as a pleasure and recreation: yet 30 or 40 of such voluntary Gentleman would doe more in a day than 100 of the rest that must be prest to it by compulsion; but twentie good workemen had beene better than them all._

20. Second Charter of Virginia; May 23/June 2, 1609

The text is printed in Stith's _History of Virginia_; cf. introduction to No. 16.

I.--[A recital of the grant of 1606.]

II.--Now, forasmuch as divers and sundry of our loving Subjects, as well Adventurers, as Planters, of the said first Colony, which have already engaged themselves in furthering the Business of the said Colony and Plantation, and do further intend, by the Assistance of Almighty God, to prosecute the same to a happy End, have of late been humble Suitors unto Us, that (in Respect of their great Charges and the Adventure of many of their Lives, which they have hazarded in the said Discovery and Plantation of the said Country) We would be pleased to grant them a further Enlargement and Explanation of the said Grant, Privileges, and Liberties, and that such Counsellors, and other Officers, may be appointed amongst them, to manage and direct their affairs, as are willing and ready to adventure with them, as also whose Dwellings are not so far remote from the City of _London_ but that they may, at convenient Times, be ready at Hand to give their Advice and Assistance upon all Occasions requisite.

III.--WE, greatly affecting the effectual Prosecution and happy Success of the said Plantation, and commending their good Desires therein, for their further Encouragement in accomplishing so excellent a Work, much pleasing to God, and profitable to our Kingdom, Do ... GIVE, GRANT, and CONFIRM, to our trusty and well-beloved Subjects, _Robert_, Earl of _Salisbury_[7] ...; AND to such, and so many, as they do, or shall hereafter, admit to be joined with them, in Form hereafter in these Presents expressed, whether they go in their Persons, to be Planters there in the said Plantation, or whether they go not, but adventure their Monies, Goods, or Chattels; THAT they shall be one Body or Commonalty perpetual, and shall have perpetual Succession, and one common Seal, to serve for the said Body or Commonalty; And 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_:

IV.--AND that they, and their Successors, shall be, from henceforth, for ever enabled to TAKE, ACQUIRE, and PURCHASE, by the Name aforesaid (Licence for the same, from Us, our Heirs or Successors, first had and obtained) any Manner of Lands, Tenements, and Hereditaments, Goods, and Chattels, within our Realm of _England_ and Dominion of _Wales_:

V.--AND that they, and their Successors, shall likewise be enabled, by the Name aforesaid, to PLEAD, and BE IMPLEADED, before any of our Judges or Justices, in any of our Courts, and in any Actions or Suits whatsoever.

VI.--AND we do also ... GIVE, GRANT and CONFIRM, unto the said Treasurer and Company, and their Successors, under the Reservations, Limitations, and Declarations, hereafter expressed, all those Lands, Countries, and Territories, situate, lying, and being, 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;...

VII.--[Right to dispose of lands.]

VIII.--AND forasmuch, as the good and prosperous Success of the said Plantation cannot but chiefly depend, next under the Blessing of God, and the Support of our Royal Authority, upon the provident and good Direction of the whole Enterprize by a careful and understanding Council, and that it is not convenient that all the Adventurers shall be so often drawn to meet and assemble, as shall be requisite for them to have Meetings and Conference about the Affairs thereof; Therefore 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.

IX.--[Names of the members of the council appointed.]

X.--AND the said Sir _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.

XI.--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: PROVIDED always, That every Counsellor, so newly elected, shall be presented to the Lord Chancellor of _England_, or to the Lord High Treasurer of _England_, or to the Lord Chamberlain of the Household of Us, our Heirs, and Successors, for the time being, to take his Oath of a Counsellor to Us, our Heirs, and Successors, for the said Company of Adventurers and Colony in _Virginia_.

XII.--[Provision for a Deputy Treasurer.]

XIII.--AND further ... 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:[8]

XIV.--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; And the same, at all times hereafter, to abrogate, revoke, or change, not only within the Precincts of the said Colony, but also upon the Seas in going and coming to and from the said Colony, as they, in their good Discretion, shall think to be fittest for the Good of the Adventurers and Inhabitants there.

XV.--[Previous authorities in Virginia supplanted by these new arrangements.]

XVI.--AND we do further, by these Presents, ORDAIN and establish, that the said Treasurer and Council here resident, and their Successors, or any four of them, being assembled (the Treasurer being one) shall, from time to time, have full Power and Authority, to admit and receive any other Person into their Company, Corporation, and Freedom; And further, in a General Assembly of the Adventurers, with the Consent of the greater Part, upon good Cause, to disfranchise and put out any Person or Persons, out of the said Freedom or Company.

XVII.--[Right to minerals, as in First Charter, section IX, paying to the king the fifth part, etc.]

XVIII.--[Right to transport willing colonists to Virginia.]

XIX.--[Certain exemptions from English customs duties, in favor of the Company.]

XX.--[Grant to the Company and to its officers in Virginia that it may expel unwelcome settlers and outsiders who "enterprise" destruction, hurt, or annoyance. The language is taken from the First Charter, section XII.]

XXI.--[Right to levy import duties, as in First Charter.]

XXII.--[Rights of settlers. Repeated from First Charter, section XV.]

XXIII.--AND forasmuch, as it shall be necessary for all such our loving Subjects as shall inhabit within the said Precincts of _Virginia_, aforesaid, to determine to live together, in the Fear and true Worship of Almighty God, Christian Peace, and civil Quietness, each with other, whereby every one may, with more Safety, Pleasure, and Profit, enjoy that whereunto they shall attain with great Pain and Peril; WE ... do GIVE and GRANT unto the said Treasurer and Company, and their Successors, and to such Governors, Officers, and Ministers, as shall be, by our said Council, constituted and appointed, according to the Natures and Limits of their Offices and Places respectively, that they shall and may, from time to time for ever hereafter, within the said Precincts of _Virginia_, or in the way by Sea thither and from thence, have full and absolute Power and Authority, to correct, punish, pardon, govern, and rule, all such the Subjects of Us ... as shall, from time to time, adventure themselves in any Voyage thither, or that shall, at any time hereafter, inhabit in the Precincts and Territories of the said Colony, as aforesaid, according to such orders, Ordinances, Constitutions, Directions, and Instructions, as by our said Council, as aforesaid, shall be established; And in Defect thereof, in case of Necessity, according to the good Discretions of the said Governor and Officers, respectively, as well in Cases capital and criminal as civil, both marine and other; So always, as the said Statutes, Ordinances, and Proceedings, as near as conveniently may be, be agreeable to the Laws, Statutes, Government, and Policy of this our Realm of _England_.

XXIV.--AND we do further ... GRANT, DECLARE, and ORDAIN, that such principal Governor, as, from time to time, shall duly and lawfully be authorised and appointed, in Manner and Form in these Presents heretofore expressed, shall have full Power and Authority, to use and exercise Martial Law, in Cases of Rebellion or Mutiny, in as large and ample Manner as our Lieutenants in our Counties, within this our Realm of _England_, have, or ought to have....

XXV.--[Penalty for trying to evade English revenue laws under color of transporting goods to the colony, as in section XVI of the First Charter.]

XXVI.--AND further our will and pleasure is, that in all questions and doubts that shall arise upon any difficulty of construction or interpretation of anything contained either in this or in our said former letters patents, the same shall be taken and interpreted in most ample and beneficial manner for the said treasurer and company....

XXVII.--[Confirms all privileges granted in the first charter and not herein altered or revoked.]

XXVIII.--[Provides that anyone who will adventure the necessary money shall be received in full equality as a member of the Company.]

XXIX.--AND lastly, because the principal Effect which we can desire or expect of this Action, is the Conversion and Reduction of the People in those Parts unto the true Worship of God and Christian Religion, in which Respect we should be loath that any Person should be permitted to pass that we suspected to affect the superstitions of the Church of _Rome_; We do hereby DECLARE, that it is our Will and Pleasure, that none be permitted to pass in any Voyage, from time to time to be made into the said Country, but such as first shall have taken the Oath of Supremacy; For which Purpose, we do, by these Presents, give full Power and Authority, to the Treasurer for the time being, and any three of the Council, to tender and exhibit the said Oath to all such Persons as shall at any time be sent and employed in the said Voyage....

[It is a profitable exercise to read some of the sections in a more logical order. Thus the political provisions are seen better if arranged in the following sequence: XIV, XIII, XV, XXIII, XXIV, XXII. Certainly, too, XXVIII should follow, or be combined with, XVI. The utterly meaningless arrangement of many of these great documents, together with the unpardonable carelessness of the copiers, account partly for their needless length and largely for their obscurity.

Nova Britannia (No. 6 above) contains also an explanation of the method of "industry in common" and of the proposed method of sharing profits,--all of which was continued ten years more under this charter:--

"Wee call those _Planters_ that goe in their persons to dwell there, and those _Adventurers_ that adventure their money and go not in person; and both doe make the members of one Colonie. We do account twelve pound ten shillings to be a single share adventured. Every ordinary man or woman, if they will goe and dwell there, and every childe above tenne yeares that shall be carried thither to remaine, shall be allowed for each of their persons a single share, as if they had adventured twelve pound ten shillings in money. [Extraordinarie men, as Divines, Governors, ... Knights, Gentlemen, Physitions, and such as be men of worth for special services, to be rated higher,--as the Council may value them.] And likewise, if any that goe to bee planters will lay downe money to the Treasurer, it shall be also registered and their shares inlarged, accordingly, be it for more or lesse. All charges of setling and maintaining the Plantation, and of making supplies, shall be borne in a joint stock of the adventurers for seven yeares after the date of our new enlargement: during which time there shall be no adventure nor goods returned in private from thence, neytheir by Master, Marriner, Planter, nor Passenger."]

21. Third Charter for Virginia. March 12/22, 1611/1612[9]

First printed in Stith (cf. introduction to No. 16); found also in the collections of Poore and Thorpe (cf. introduction to No. 15).

The greater part of this document is given (1) to an enlargement of territory (by inclusion of the Somers islands), (2) to extraordinary rights of jurisdiction to compel fulfilment of contracts and to prevent slander of the Company, and (3) to provisions for lotteries for the Company's support. These parts are omitted. Only those clauses are given here which bear upon the reorganization of the Company and upon its powers of government.

VII.--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 any five Persons of our Council for the said first Colony in _Virginia_, for the time being, of which Company the Treasurer, or his Deputy, to be always one, and the Number of fifteen others, at the least, of the Generality of the said Company, assembled together in such Manner as is and hath been heretofore used and accustomed, shall be said, taken, held, and reputed to be, and shall be a _sufficient Court_ of the said Company, for the handling, and ordering, and dispathcing [dispatching] of all such casual and particular Occurrences, and accidental Matters, of less Consequence and Weight, as shall, from time to time, happen, touching and concerning the said Plantation:

VIII.--AND that nevertheless, for the handling, ordering, and disposing of Matters and Affairs of greater Weight and Importance, and such, as shall or may, in any Sort, concern the Weal Publick and 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 ... 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_....

X.--AND we do ... further grant ... that the said Treasurer and Company, or the greater Part of them ... so in a full and general Court assembled ... shall and may ... admit into their Company ... any Person or Persons....

XI.--AND We do further ... grant ... that it shall be lawful and free for them ... out of our Dominions ... to take, lead, carry and transport ... for and toward the said Plantation of our said ... Colony of Virginia all and so many of our loving Subjects ... as shall willingly accompany them....

XII.--AND We do further ... grant ... that the said Treasurer of that Company, or his Deputy ... or any two other of the said Council ... have full power and authority to minister and give the Oath and Oaths of Supremacy and Allegiance, or either of them, to all and every Person and Persons, which shall at any Time or Times ... go or pass to the said Colony.

XX.--AND further, our Will and Pleasure is, that in all Questions and Doubts, that shall arise, upon any Difficulty of Construction or Interpretation of any Thing, contained in these, or any other our former Letters-patents, the same shall be taken and interpreted, in most ample and beneficial Manner for the said Treasurer and Company, and their Successors, and every Member thereof.

XXI.--AND lastly, we do, by these Presents, RATIFY AND CONFIRM unto the said Treasurer and Company, and their Successors, for ever, all and all Manner of Privileges, Franchises, Liberties, Immunities, Preheminences, Profits, and Commodities, whatsoever, granted unto them in any our former Letters-patents, and not in these Presents revoked, altered, changed, or abridged.

=Hints for Study.=--1. Compare the clauses relating to the oath of supremacy in the second and third charters. (The passage given above contains all such matter found in the third charter.) When the third charter was issued, James had broken with his first parliament, and probably wished to draw the great Catholic lords nearer to himself.

2. Compare the provisions for the meeting of the whole Company in the second charter with the more specific provisions in the third.

3. The most important sections are VII and VIII. Observe that no regular meetings of the Council are provided. That body had lost all controlling power; it remained merely a preconsidering body, to prepare business for the meetings of the stockholders. Five of the Council, however, had to be of the small quorum necessary for one of the minor "courts" (VII), and, in fact, those minor courts were _usually_ little more than Council meetings.

From the general tenor of this charter and the preceding one, it would seem as though "Planters" from Virginia, if present in London, might attend the "Courts" and vote. But in practice, when this question was raised, it was decided against the visiting Planters (_Company Records_, II, 301). _Only holders of shares of stock could vote_, and, in practice, stock certificates were not issued for emigration to America.

22. Danger from Spanish Attack (1607-1614)

The following extracts from the correspondence between Zuñiga, the Spanish ambassador at London, and the King of Spain are taken from the documents printed in Brown's _Genesis_. These letters were usually in cypher. The translations, of course, are in modern English. Cf. _American History and Government_, # 24.

_a. Zuñiga to the King of Spain; London, October 16, 1607_

Those who urge the colonization of Virginia become every day more eager ... and before Nativity there will sail from here [London] and from Plymouth five or six ships. _It will be serving God and Your Majesty to drive these villains out from there, hanging them._

[In this same letter, Zuñiga says that he has found a man to inform him of all the secret doings of the Council for Virginia; and, November 10, he advises that the Spanish "Windward fleet" be used at once to drive out the colonists. The Spanish Council at Madrid reported, however, that the fleet was not in state of preparation.]

[December 6.] As to Virginia, I hear that three or four other ships will return there. _Will your Majesty give orders that measures be taken in time_ [to destroy the settlement]; because now it will be very easy, and quite difficult afterwards, when they have taken root; and if they are punished in the beginning, the result will be that no more will go there.

[December 22.] It appears that there will be more people there after Nativity than those I have written of. Wherefore Your Majesty will see how necessary it is to act with vigor _and hasten the remedy_.

[After reading these letters, the Spanish Council made the following record: "The Council says that having informed Your Majesty ... Your Majesty was pleased to command that there should be prepared whatever was necessary to drive out the people who are in Virginia." This report is indorsed by the King: "Not to let anyone know what is being done."

Similar matter is found in letters from Zuñiga under date of March 28, 1608; November 8, 1608.]

[March 5, 1609.] The Baron de Arundel [an English Catholic who had been a candidate for the governorship of Virginia, and who now apparently was playing traitor] offers to leave here whenever Your Majesty may command, under pretext of a voyage of discovery, and that in the Canaries or Porto Rico he will take on board the person Your Majesty will send, as a man fleeing out of Spain, and will carry him to Virginia, and instruct him as to ... the parts which the English hold ... and that soon he will tell Your Majesty by what means those people may be driven out without violence.[10] [But Zuñiga urges immediate and violent action, since King James is sure to acquiesce _after_ the fact.] _Hence Your Majesty will command that they be destroyed with the utmost possible promptness._

[April 12, 1609. After describing a new English expedition to Virginia,--Lord Delaware's.] Your Majesty will see the great importance of this matter for your Royal Service, and thus, I hope, _will give orders to have these insolent people quickly annihilated_.

_b. Velasco (Zuñiga's Successor at the English Court) to the King of Spain; June 14, 1610_

[After reporting the news of the terrible winter of 1609 in Virginia] Thus it looks as if the zeal for this enterprise was cooling off, _and it would be easy to make an end of it altogether by sending out a few ships to finish what might be left in that place_.

[The Spanish Council report upon this letter to the King, and add: "It appears to the Council that this should be communicated to the Council of War ... and that it be asked to state what will be right and proper to do, the supply of ships and whatever else may be needful for that purpose. Y. M. will command what shall be done." This is indorsed, with the King's signature, "_It is well_."]

_c. Digby (English Ambassador at Madrid) to King James_

[September 22, 1612.] There is nothing so generally spoken of in the Courte as their intent to remove Our plantation from Virginia. And, for myne owne parte, I am of beliefe that the Spaniards will serve us as thei did the Frenchmen in Florida [Ribault's colony] unless wee undertake the business much more thoroughly and roundely then hitherto wee have donne.[11]

[November 12, 1612.] I got a view of his [Zuñiga's] dispatch [by bribing some Spanish official, of course]. The chief matters were ... that there was no cause to apprehend so much danger in Virginia ... that he held it not unlikely _the Business might sinke of itselfe_, since it was maynteyned but by these shifts, which could last but for a yeare or two....

[For some months after the above, however, Digby sends frequent warnings of a Spanish expedition which he thinks is preparing against Virginia (Brown, _Genesis_, 603, 609, 623); but May 13, 1613, he writes again to James I:]

... theire resolution is not to stirre therein until they shall be better informed ... they are yet in a greate hope that the businesse will fall of itselfe. [Cf. other letters to the same effect, May 22, May 26, Aug. 15, in Brown's _Genesis_, 634, 635, 656.]

FOOTNOTES:

[5] See explanation of this form on page 44.

[6] Observe that this important section of the charter is sandwiched in between two sections which ought not to have been separated.

[7] Here follow the names of 659 persons and 56 gilds. The lists would fill some ten pages. It includes 21 of the greatest lords in England, 96 knights and some 90 other country gentlemen, 53 "captains," and a number of "sadlers," "drapers," "grocers," etc., with some professional men and others not classified. Fifty of the incorporators were members of the existing parliament, and fifty more were members of Parliament at one time or another. Among the 659 incorporators were Robert Cecil (the minister of Elizabeth and of James), the Earl of Southampton (Shakspere's friend), Sir Oliver Cromwell (uncle to the great Oliver), Francis Bacon, Richard Hakluyt, George Calvert (afterward Lord Baltimore), and Sir Edwin Sandys, soon to be the great Puritan leader in Parliament.

[8] Hannis Taylor (in his _English Constitution_, I, 21), in a passage abounding in blunders, regards this Council as made up of Virginians and exercising local self-government. Unhappily there are other instances of the same error in standard works.

[9] England in the seventeenth century still used the "Old Style" dates, instead of the "New" or Gregorian Style. The year began March 25, instead of January 1, and all dates between these two (from January 1 to March 25) were then given in the year previous to the one in which our "New Style" puts them. Moreover, the New Style moved all dates forward ten days. Therefore _March 12, 1611_, as the charter was dated at the time, means to us _March 22, 1612_.

[10] A long report upon the state of Virginia, its geography and resources, by an Irishman in Spanish pay, is given in Brown's _Genesis_, I, 393-399.

[11] For more such exhortation and warning from Digby, see Brown's _Genesis_, 539, 588, 592-3, 787.

IV. THE LIBERAL LONDON COMPANY AND SELF-GOVERNMENT IN VIRGINIA (1619-1624)

23. From the Rules of the Virginia Company in London

Peter Force's _Historical Tracts_, III (Washington, 1844), No. 6.

These rules, one hundred thirty-two in number, and bulky enough to fill fifty pages of this volume, were adopted by the London Company shortly after it came under Liberal control, in June, 1619. For the history of the struggle in the Company, cf. a brief statement in _American History and Government_, # 27.

XV.--At the great and generall Court, commonly called the Quarter Court, in Easter Terme, all offices of this Company (excepting the Counseil) shall be void: And the Court shall proceede to an election of new Officers, in manner following.

XVII.--After the choise of a Treasuror, a Deputie shall be chosen; then the Auditors, and Comitties; and lastly the Secretarie, Bookekeeper, Husband, and Bedle.

XVIII.--At the choise of each Officer, the persons nominated for the election, shall withdraw themselves till the party chosen be publiquely so pronounced. And generally no man shall be present in the Court whilst himselfe or his matter passeth the judgement of the Court.

XX.--It is for weighty reasons thought very expedient, that no man continue in the place of Treasurer or Deputie, above three yeares at once.

XXI.--For the avoiding of divers inconveniences, It is thought fit that all elections of principall Officers in or for[12] Virginia as also of the Treasurer and Deputie here, be performed by a _Ballating box, as in some other Companies_.

XXVI.--He [the Treasurer] is to propound and put all things to the question which the Court requires, under paine of being immediately put from his Office, if he refuse. In which case the Deputie shall doo it, under the like paine. And if he refuse, then any of the Council there present.

LXXXIX.--Every man speaking in Court, shall addresse his speech to the Treasuror, or deputie in his absence, as representing the Court: And all private speeches, or directed to particular persons, shall be forborne.

XCI.--No man with his speech shall interrupt the speech of another, before he have finished: Except the Treasurer, or in his absence the Deputie, (with approbation of the Court) see cause to put any to silence, for impertinency, or other unseemely speaking.

XCIV.--Whosoever shall attempt by private solicitation to packe the Court to any unjust or unlawfull end, shall, upon complaint, be convented before the Counseil, and, being convicted, shall be disfranchized.

CI.--All principal Officers in [for] Virginia, namely the Governour, Lieutenant Governour, Admirall, Marshal, chiefe Justice, and Treasuror, shall be chosen here _by Ballating_ in a Quarter-Court.

CII.--The Counseil established in Virginia, and all other Officers there reserved to the choise of the Companie here, shall be chosen in a Quarter-Court by onely erection of hands; _unlesse the Court desire to have it passe by Ballating_.

[The frequent reference to the ballot in these rules is a sufficient answer to an absurd claim that the English colonies had to learn that device from Holland. Cf. _American History and Government_, # 77. The use of the ballot is referred to frequently in the Company's _Records_, in accounts of elections under these rules, as in _Records_, I, 315, 368, 385, 440, 468, 471, 474, 489; II, 28, 29, 154, 536, 537.]

24. An Order of the London Company as to Self-government February 2/12, 1619/20

_Records of the Virginia Company in London_ (edited by Susan Kingsbury; Washington, 1906), I, 303.

This order, to provide for temporary self-government in new colonies under the jurisdiction of the Company, was adopted on the same day that the Company made four grants of land to companies expecting to settle in "Virginia." One of these grants was to John Pierce and his Associates. Pierce was one of the London partners of the Mayflower Pilgrims. The order below _may_ therefore have suggested to the Pilgrims the Mayflower Compact (No. 52 below).

It was ordered by generall Consent that such Captaines or Leaders of Perticulerr Plantacions that shall goe there to inhabite ... in Virginia, shall have liberty, till a forme of Goverment bee here settled for them, Associatinge unto them divers of the gravest and discreetes of their companies, to make Orders, Ordinances, and Constitucions for the better orderinge and dyrectinge of their Servants and buisines, Provided they be not Repugnant to the Lawes of England.

25. The First Representative Assembly in America July 30/August 9, 1619

Stith and Hening (Nos. 16, 17), those early and zealous explorers in Virginian records, both believed that no record of this great Assembly was extant. George Bancroft, however, found a copy in the London Record Office, in 1856, and published it in the _New York Historical Society Collections_ of 1857. A somewhat more critical text was published in 1874 by Wynne and Gilman, in their thin volume of _Colonial Records of Virginia_. The record was made by John Twine, Clerk of the Assembly. It is printed here almost in full.

_A reporte of the manner of proceeding in the General assembly convented at James citty in Virginia, July 30, 1619, consisting of the Governor, the Counsell of Estate and two Burgesses elected out of eache Incorporation and Plantation, and being dissolved the 4th of August next ensuing._

First. Sir George Yeardley, Knight, Governor and Captaine general of Virginia, having sente his sumons all over the Country, as well to invite those of the Counsell of Estate that were absente as also for the election of Burgesses, there were chosen and appeared

_For James citty_ Captaine William Powell, Ensigne William Spense.

_For Charles citty_ Samuel Sharpe, Samuel Jordan.

_For Martin Brandon--Capt. John Martin's Pla'tation_ Mr. Thomas Davis, Mr. Robert Stacy.

_For Smythes hundred_ Captain Thomas Graves, Mr. Walter Shelley.

_For Martins hundred_ Mr. John Boys, John Jackson.

_For the citty of Henricus_ Thomas Dawse, John Polentine.

_For Kiccowatan_ Captaine William Tucker, William Capp.

_For Argall's guiffe_ Mr. Pawlett, Mr. Gourgaing.

_For Flowerdieu hundred_ Ensigne Rossingham, Mr. Jefferson.

_For Captain Lawne's plantation_ Captain Christopher Lawne, Ensigne Washer.

_For Captaine Warde's plantation_ Captaine Warde, Lieutenant Gibbes.

The most convenient place we could finde to sitt in was the Quire of the Churche Where Sir George Yeardley, the Governour, being sett down in his accustomed place, those of the Counsel of Estate sate nexte him on both handes, excepte onely the Secretary then appointed Speaker, who sate right before him, John Twine, clerke of the General assembly, being placed nexte the Speaker, and Thomas Pierse, the Sergeant, standing at the barre, to be ready for any Service the Assembly should comaund him. But forasmuche as men's affaires doe little prosper where God's service is neglected, all the Burgesses tooke their places in the Quire till a prayer was said by Mr. Bucke, the Minister, that it would please God to guide and sanctifie all our proceedings to his owne glory and the good of this Plantation. Prayer being ended, to the intente that as we had begun at God Almighty, so we might proceed with awful and due respecte towards the Lieutenant, our most gratious and dread Soveraigne, all the Burgesses were intreatted to retyre themselves into the body of the Churche, which being done, before they were fully admitted, they were called in order and by name, and so every man (none staggering at it) tooke the oathe of Supremacy, and then entred the Assembly....

These obstacles removed, the Speaker, who a long time had bene extreame sickly and therefore not able to passe through long harrangues, delivered in briefe to the whole assembly the occasions of their meeting. Which done, he read unto them the commission for establishing the Counsell of Estate and the general Assembly, wherein their duties were described to the life.

Having thus prepared them, he read over unto them the greate Charter, or commission of priviledges, orders and lawes, sent by Sir George Yeardly out of Englande. Which for the more ease of the Committies, having divided into fower books, he read the former two the same forenoon, for expeditious sake, a second time over, and so they were referred to the persuall of twoe Comitties, which did reciprocally consider of either, and accordingly brought in their opinions. But some men may here objecte to what ende we should presume to referre that to the examination of the Comitties which the Counsell and Company in England had already resolved to be perfect, and did expecte nothing but our assente thereunto? To this we answere that we did it not to the ende to correcte or controll anything therein contained, but onely in case we should finde ought not perfectly squaring with the state of this Colony, or any lawe which did presse or binde too harde, that we might, by waye of humble petition, seeke to have it redressed, _especially because this great Charter is to binde us and our heyers for ever_....

After dinner the Governor and those that were not of the Comitties sate a seconde time, while the said Comitties were employed in the perusall of those twoe bookes. And whereas the Speaker had propounded fower severall objects for the Assembly to consider on: namely, first, the great charter of orders, lawes, and priviledges; Secondly, which of the instructions given by the Counsel in England to my [Lord De La Warre], Captain Argall, or Sir George Yeardley, might conveniently putt on the habite of lawes; Thirdly, what lawes might issue out of the private conceipte of any of the Burgesses, or any other of the Colony; and lastly, what petitions were fitt to be sente home for England. It pleased the Governour for expedition sake to have the second objecte of the fower to be examined and prepared by himselfe and the Non-Comitties. Wherin after having spente some three howers conference, the twoe Committies brought in their opinions concerning the twoe former bookes, (the second of which beginneth at these words of the Charter: And foreasmuche as our intente is to establish one equall and uniforme kinde of government over all Virginia etc.,) which the whole Assembly, because it was late, deffered to treatt of till the next morning.

* * * * *

SATTURDAY, July 31.--The nexte daye, therefore, out of the opinions of the said Comitties, it was agreed these Petitions ensuing should be framed, to be presented to the Treasurer, Counsel and Company in England....

These petitions thus concluded on, those twoe Comitties broughte me a reporte what they had observed in the two latter bookes, which was nothing else but that the perfection of them was suche as that they could finde nothing therein subject to exception....

At the same time, there remaining no farther scruple in the mindes of the Assembly, touching the said great Charter of lawes, orders and priviledges, the Speaker putt the same to the question, and so it had both the general assent and the applause of the whole assembly, who, as they professed themselves in the first place most submissivily thankfull to almighty god, therefore so they commaunded the Speaker to returne (as nowe he doth) their due and humble thankes to the Treasurer, Counsell and company for so many priviledges and favours, as well in their owne names as in the names of the whole Colony whom they represented.

This being dispatched we fell once more debating of suche instructions given by the Counsell in England to several Governors as might be converted into lawes, the last whereof was the Establishment of the price of Tobacco, namely, of the best at 3 d and the second at 18 d the pounde,...

* * * * *

SUNDAY, Aug. 1.--Mr. Shelley, one of the Burgesses, deceased.

* * * * *

MUNDAY, Aug. 2.-- ..., the Committies appointed to consider what instructions are fitt to be converted into lawes, brought in their opinions, and first of some of the general instructions.

Here begin the lawes drawen out of the Instructions given by his Majesties Counsell of Virginia in England to my lo: la warre [Lord Delaware] Captain Argall and Sir George Yeardley, knight.

By this present Generall Assembly be it enacted, that no injury or oppression be wrought by the Englishe against the Indians whereby the present peace might be disturbed and antient quarrells might be revived....

Against Idleness, Gaming, durunkenes, and excesse in apparell, the Assembly hath enacted as followeth:

First, in detestation of Idlenes be it enacted, that if any men be founde to live as an Idler or renagate, though a freedman, it shalbe lawfull for that Incorporation or Plantation to which he belongeth to appoint him a Mr [Master] to serve for wages, till he shewe apparant signes of amendment.

Against gaming at dice and Cardes be it ordained by this present assembly that the winner or winners shall lose all his or their winninges and both winners and loosers shall forfaicte ten shillings a man, one ten shillings whereof to go to the discoverer, and the rest to charitable and pious uses in the Incorporation where the faulte is comitted.

Against drunkenness be it also decreed that if any private person be found culpable thereof, for the first time he is to be reprooved privately by the Minister, the second time publiquely, the thirde time _to lye in boltes 12 howers_ in the house of the Provost Marshall and to paye his fee, and if he still continue in that vice, to undergo suche severe punishment as the Governor and Counsell of Estate shall thinke fitt to be inflicted on him. [Provision for milder penalty for drunken officials.]

_Against excesse in apparell_, that every man be cessed in the churche for all publique contributions, if he be unmarried according to his owne apparrell, if he be married according to his owne and his wives, or either of their apparrell....

Be it enacted by this present assembly that for laying a surer foundation of the conversion of the Indians to Christian Religion, eache towne, citty, Borrough, and particular plantation do obtaine unto themselves by just means a certaine number of the natives' children to be educated by them in the true religion and civile course of life--of which children the most towardly boyes in witt and graces of nature to be brought up by them in the first elements of litterature, so to be fitted for the Colledge intended for them, that from thence they may be sente to that worke of conversion.

As touching the business of planting corne this present Assembly doth ordaine that yeare by yeare all and every householder and householders have in store for every servant he or they shall keep, and also for his or their owne persons, whether they have any Servants or no, one spare barrell of corne, to be delivered out yearly, either upon sale or exchange as need shall require. For the neglecte of which duty he shalbe subjecte to the censure of the Governor and Counsell of Estate. Provided alwayes that the first yeare of every newe man this lawe shall not be of force.

About the Plantation of Mulberry trees, be it enacted that every man as he is seatted upon his division, doe for seven years together every yeare plante and maintaine in growte six Mulberry trees at the least, and as many more as he shall thinke conveniente and as his virtue and Industry shall move him to plante, and that all suche persons as shall neglecte the yearly planting and maintaining of that small proportion shalbe subjecte to the censure of the Governour and the Counsell of Estate.

Be it farther enacted as concerning Silke-flaxe, that those men that are upon their division or setled habitation doe this next yeare plante and dresse 100 plantes, which being founde a comedity, may farther be increased. And whosoever do faill in the performance of this shalbe subject to the punishment of the Governour and Counsell of Estate.

For hempe also both Englishe and Indian, and for Englishe flax and Anniseeds, we do require and enjoine all householders of this Colony that have any of those seeds to make tryal thereofe the nexte season.

Moreover be it enacted by this present Assembly, that every householder do yearly plante and maintaine ten vines untill they have attained to the art and experience of dressing a Vineyard either by their owne industry or by the Instruction of some Vigneron ... upon what penalty soever the Governor and Counsell of Estate shall thinke fitt to impose upon the neglecters of this acte.

Be it also enacted that all necessary tradesmen, or so many as need shall require, suche as are come over since the departure of Sir Thomas Dale, or that shall hereafter come, shall worke at their trades for any other man, each one being payde according to the quality of his trade and worke, to be estimated, if he shall not be contented, by the Governor and officers of the place where he worketh.

Be it further ordained by this General Assembly, and we doe by these presents enacte, that all contractes made in England between the owners of lande and their Tenants and Servantes which they shall sende hither, may be caused to be duely performed, and that the offenders be punished as the Governour and Counsell of Estate shall thinke just and convenient.

Be it established also by this present Assembly that no crafty or advantagious means be suffered to putt in practise for the inticing awaye the Tenants or Servants of any particular plantation from the place where they are seatted. And that it shalbe the duty of the Governor and Counsell of Estate most severely to punishe both the seducers and the seduced, and to returne these latter into their former places....

* * * * *

TUESDAY, Aug. 3, 1619.-- ... Captaine William Powell presented a Petition to the generall Assembly against one Thomas Garnett, a servant of his, not onely for extreame neglect of his business to the great loss and prejudice of the said Captaine, and for openly and impudently abusing his house, ... but also for falsely accusing him to the Governor both of Drunkenes and Thefte, and besides for bringing all his fellow servants to testify on his side, wherein they justly failled him. It was thought fitt by the general assembly (the Governour himselfe giving sentence), that he should stand fower dayes with his eares nayled to the Pillory, viz: Wednesday, Aug 4th, and so likewise Thursday, fryday and Satturday next following, and every of those fower dayes should be publiquely whipped. Now, as touching the neglecte of his worke, what satisfaction ought to be made to his Mr. for that is referred to the Governor and Counsell of Estate.

The same morning the lawes abovewritten, drawen out of the instructions, were read, and one by one thoroughly examined, and then passed once again....

* * * * *

WEDNESDAY Aug. 4th.--This daye (by reason of extream heat, both paste and likely to ensue, and by that meanes of the alteration of the healthes of diverse of the general Assembly) the Governour, who himselfe also was not well, resolved should be the last of this first session; so in the morning the Speaker (as he was required by the Assembly) redd over all the lawes and orders that had formerly passed the house, to give the same yett one reviewe more, and to see whether there were any thing to be amended or that might be excepted againste. This being done, the third sorte of lawes which I am nowe coming to sett downe, were read over [and] thoroughly discussed, which together with the former, did now passe the last and finall consente of the General Assembly.

A third sorte of lawes, suche as may issue out of every man's private conceipte.

... All Ministers in the Colony shall once a year, namely, in the moneth of Marche, bring to the Secretary of Estate a true account of all Christenings, burials and marriages, upon paine, if they faill, to be censured for their negligence by the Governor and Counsell....

No man, without leave of the Governor, shall kill any Neatt Cattle whatsoever, young or olde, especially kine ... upon penalty of forfeiting the value of the beast so killed.

Whosoever shall take any of his neighbors' boates, oares, or canvas, without leave from the owner, shall be held and esteemed as a felon, and so proceeded against.[13]

All ministers shall duly read divine service, and exercise their ministerial function according to the Ecclesiastical lawes and orders of the churche of Englande, and every Sunday in the afternoon shall Catechize suche as are not yet ripe to come to the Com. And whosoever of them shalbe found negligent or faulty in this kinde shalbe subject to the censure of the Governor and Counsell of Estate....

For reformation of swearing, every freeman and Master of a family, after thrice admonition [by church wardens], shall give 5 s ... to the use of the church ... and every servant ... except his Mr discharge the fine, shalbe subject to whipping.

Provided that, the payment of the fine notwithstanding, the said servant shall acknowledge his faulte publiquely in the Churche.

All persons whatsoever upon the Sabaoth daye shall frequente divine service and sermons both forenoon and afternoon, and all suche as beare arms shall bring their pieces, swordes, poulder and shotte. And every one that shall trangresse this lawe shall forfaicte three shillinges a time to the use of the churche, all lawful and necessary impediments excepted. But if a servant in this case shall wilfully neglecte his Mr's commande he shall suffer bodily punishmente.

No maide or woman servant, either now resident in the Colonie or hereafter to come, shall contract herselfe in marriage without either the consente of her parents, or of her Master or Mistress, or of the magistrat and minister of the place both together. And whatsoever minister shall marry or contracte any suche persons without some of the foresaid consentes shalbe subjecte to the severe censure of the Governor and Counsell of Estate.

_Here ende the lawes._

... Captain Henry Spellman was called to the barre to answere to certaine misdemeanors ... whereupon the General Assembly, having thoroughly heard and considered his speeches [evidence had been taken and defense put in], did constitute the following order [For exposing the colony to disturbance from the Indians by inciting them to disrespect of the government, Spellman was "degraded of his title of Captaine" and "condemned to performe seven yeares service to the Colony" as an interpreter to the governor.]

[Provision that every male in the colony over 16 years of age shall be taxed "one pound of the best tobacco" for pay to the officers of the Assembly.]

* * * * *

Thirdly, the General Assembly doth humbly beseech the ... Treasurer, Counsell and Company that, albeit it belongeth to them onely to allowe or to abrogate any lawes which we shall here make ... yet that it would please them not to take it in ill parte if these lawes ... do passe currant and be of force till suche time as we may knowe their farther pleasure....

Their last humble suite is that the said Counsell and Company would be pleased, so soon as they shall find it convenient, to make good their _promise sett downe at the conclusion of their commission for establishing the Counsel of Estate and the General Assembly, namely that they give us power to allowe or to disallowe of their orders of Courts, as his Majesty hath given them power to allowe or reject our lawes_.

In sume, Sir George Yeardley, the Governor, prorogued the said general Assembly till the firste of Marche, which is to fall out this present yeare of 1619 [1620. New Style; cf. note, page 44], and in the mean season dissolved the same.

26. The London Company's "Declaration," June, 1620

Peter Force's _Historical Tracts_ (Washington, 1844), III, No. 5.

Sandys resigned his "Treasurership" at the Court of the Company in May, 1620. The statistics of his report, with an enthusiastic general statement to introduce them, were published soon afterward by the Company as "A Declaration of the State of the Colonie and Affaires in Virginia." Sandys' report is now printed in full in the _Records_ of the Company, edited by Susan Kingsbury (Washington, 1906).

After the many disasters wherewith it pleased Almighty God to suffer the great Enemy of all good Actions to encounter and interrupt this noble Action for the planting of Virginia with the Christian Religion and English people, it having pleased him now, contrarily, of his especiall great grace, so to blesse and prosper our late carefull endeavors ... that [the colony] hath as it were growne to double that height, strength, plenty, and prosperity which it had in former times. ... We have thought it now the peculiar duety of our place ... to Summon, as it were, by a kinde of loving invitement, the whole body of the Noble and other worthy Adventurors, as well to the ... perfecting of this happy worke as to the reaping of the fruit of their great expenses and travailes.

... [And first, to remove the effect of slanders upon Virginia, the Company declares] the Countrey is rich, spacious, and well watered; temperate as for the Climate; very healthfull after men are a little accustomed to it; abounding with all Gods naturall blessings: The Land replenished with the goodliest Woods in the world, and those full of _Deere_, and other Beasts of sustenance: The Seas and Rivers (whereof many are exceeding faire and navigable) full of excellent Fish, and of all sorts desireable; both Water and Land yeelding Fowle in very great store and variety: In Summe, a Countrey too good for ill people; and wee hope reserved by the providence of God for such as shall apply themselves faithfully to his service and be a strength and honour to our King and Nation....

The rich Furres, Caviary, and Cordage, which we draw from _Russia_ with so great difficulty, are to be had in _Virginia_, and the parts adjoining, with ease and plenty. The Masts, Planckes, and Boords, the Pitch and Tarre, the Pot-ashes and Sope-ashes, the Hempe and Flax (being the materials of Linnen) which now we fetch from _Norway_, _Denmarke_, _Poland_, and _Germany_, are there to be had in abundance and great perfection. The _Iron_, which hath so wasted our _English_ Woods,[14] that it selfe in short time must decay together with them, is to be had in _Virginia_ (where wasting of Woods is a benefit) for all good conditions answerable to the best in the world. The Wines, Fruite, and Salt of _France_ and _Spaine_, The Silkes of _Persia_ and _Italie_, will be found also in _Virginia_, and in no kinde of worth inferior. Wee omit here a multitude of other naturall Commodities, dispersed up and downe the divers parts of the world: of Woods, Rootes, and Berries, for excellent Dyes: Of Plants and other Drugges, for Physicall service: Of sweet Woods, Oyles, and Gummes, for pleasure and other use: Of Cotton-wooll, and Sugar-Canes: all which may there also be had in abundance, with an infinity of other more: And will conclude with these three, Corne, Cattle, and Fish, which are the substance of the foode of man. The Graines of our Countrey doe prosper there very well: Of Wheate they have great plenty: But their _Maze_, being the naturall Graine of that Countrey, doth farre exceede in pleasantnesse, strength, and fertility. The Cattle which we have transported thither (being now growne neere to five hundred) become much bigger of Body then the breed from which they came: The Horses also more beautifull, and fuller of courage. And such is the extraordinary fertility of that _Soyle_, that the _Does_ of their _Deere_ yeelde two Fawnes at a birth, and sometimes three. The Fishings at _Cape Codd_, being within those Limits, will in plenty of Fish be equall to those of _Newfound Land_, and in goodnesse and greatnesse much superiour. To conclude, it is a Countrey, which nothing but ignorance can thinke ill of, and which no man but of a corrupt minde and ill purpose can defame.

Now touching the present estate of our Colony in that Country, Wee have thought it not unfit thus much briefly to declare. There have beene sent thither this last yeare, and are now presently in going, twelve hundred persons and upward, as particularly appeareth in the note above [below] specified: and there are neere one thousand more remaining of those that were gone before. _The men lately sent, have beene most of them choise men, borne and bred up to labour and industry. Out of Devonshire, about an hundred men, brought up to Husbandry. Out of Warickshire and Staffordshire, above one hundred and ten; and out of Sussex about forty; all framed to Iron-workes: the rest dispersedly out of divers Shires of the Realme. There have been also sundry persons of good quality, much commended for sufficiency, industry and honesty, provided and sent to take charge and government of those people._ The care likewise that hath beene taken by directions, Instructions, Charters, and Commissions to reduce the people and affaires in _Virginia_ into a regular course, hath beene such and so great that the Colony beginneth now to have the face and fashion of an orderly State, and such as is likely to grow and prosper. The people are all divided into severall Burroughs; each man having the shares of Land due to him set out, to hold and enjoy to him and his Heires. The publique Lands for the Company here, for the Governor there, for the College, and for each particular Burrough, for the Ministers also, and for divers other necessary Officers, are likewise laid out by order, and bounded. The particular Plantations for divers private Societies, are settled in their Seates, being allotted to their content, and each in convenient distance. _The rigour of Martiall Law, wherewith before they were governed, is reduced within the limits prescribed by his Majesty; and the laudable forme of Justice and government used in this Realme_ [_is_] _established and followed as neere as may be. The governour is so restrained to a Counseil joyned with him that hee can doe no wrong to no man who may not have speedy remedy. ..._

In summe, they [the colonists] are now so full of alacritie and cheerefulnesse, that, in a late generall Assembly, they have, in the name of the Colony, presented their greatest possible thankes to the Company....

[After enumerating recent grants]

These and other like Planters, having priority of time, will have priority also in choise of the Seat of their Plantations. Seeing therefore the onely matter of retribution to the Adventurors, is by a faire proportion of Land to them and their heires; namely of one hundred acres for every share of twelve pounds and ten shillings, upon a first division; and as much more upon a second, the first being peopled; with fiftie acres for every person (to be doubled in like manner) which at their owne charges they shall transport to inhabit in _Virginia_ before the 24th day of _June 1625_ [therefore, quite after the fashion of modern land companies, intending "adventurers" are urged to invest promptly, before the choice land is all taken].

NOTE OF THE SHIPPING, MEN, AND PROVISIONS SENT TO VIRGINIA, BY THE TREASURER AND COMPANY _in the yeere_, 1619.

_a. Ships._

The _Bona Nova_, of 200. Tun, sent in August 1619. with 120 persons.

The _Duty_, of 70. Tun, sent in January 1619. with 51. persons.

The _Jonathan_, of 350. Tun, sent in February, 1619. with 200. persons.

The _Triall_, of 200. Tun, sent in February, 1619. with 40. persons, and 60. Kine.

The _Faulcon_, of 150. Tun, sent in February, 1619. with 36. persons, and 52. Kine, and 4. Mares.

The _London Merchant_, of 300. Tun, sent in March, 1619, with 200. persons.

The _Swan of Barnstable_, of 100. Tun, in March, 1619. with 71. persons.

The _Bonaventure_, of 240. Tun, sent in Aprill, 1620. with 153. persons.

Besides these, sent out by the _Treasurer_ and Company, ther have been sennt outt by particularr adventurers for private _Plantations_.

The _Garland_, of 25. Tun, sent in June, 1619, for Mr. _John Ferrars_ Plantation, with 45. persons. Who are yet deteyned in the _Summer Islands_.

A Ship of _Bristoll_, of 80. Tun, sent in Septemb. 1619. for Mr. _Barkleys_ Plantation, with 45. persons.

Ther are allso two Ships in providinge to be shortlie gone, for about 300 Personnes more, to be sent by priyvate Adventurers to _Virginia_.

_Summe_ Summe of the Persons 1261 Whereof in eight Ships sett out by the Treasurer and Company 871

[The other 390 came in other vessels, not sent by the Company.] Of these [871], there were sent for Publique and other Pious uses these ensuinge.

Tenants for the governors Land 080 Tenants for the Companies Land 130 Tenants for the Colledge Land 130 Tenants for the Mynisters gleab Land 050 Young Maydens to make wives 090 Boyes to make Apprentises 100 Servants for the Publique 050 Men sent to beare up the Charge of bringinge upp thirty of the Infidles Children in true religion and Civilitie 050 Summe of the Persons for Publique use is 650 [680]

_b. Commodities._

_The Commodities which these people are dyrected principally to apply_ (_next to their owne necessary mayntenance_) _are these ensuinge._

Iron, for which are sent 150 persons to sett upp three Iron works; proofe havinge beene made of the extraordinary goodnes of that Ironn.

Cordage....

Pitch and Tarr, Pott Ashes, and Sope Ashes,--for the makinge whereof the _Polackers_ are returned to their workes.

TIMBER of all sorts, with Masts, Plankes and Boordes for provision of Shippinge, etc.; ther beinge not so good Timber for all uses in any one knowne Countrey whatsoever. And for the ease and encrease of divers of these workes, provision is sent of men and materiales for the settinge upp of Sundry Sawinge Mills.

SILKE: for which that Country is exceedinge proper, haveing innumerable store of Mulberie Trees of the best, and some Silke-wormes naturally found upon them [caterpillars?] producing excellent Silke: some whereof is to be seene. For the setting up of which Commoditie, his Majesty hath beene gratiouslie pleased now the second time (the former haveing miscarried) to bestowe uppon the Company plenty of Silke-wormes seed of his owne store, being the best.

VINES: whereof the Countrey yeeldeth naturally greate store, and of sundry sorts: which by Culture wilbe brought to excellent perfection. For the effectinge whereof, divers skillful _Vignerons_ are sent, with store allso from hence of _Vine_ plantes of the best sort.

SALT: which workes haveinge been lately suffered to decay, are now ordered to be sett upp in so great plenty, as not onely to serve the Collony for the present; but as is hoped in short time allso the great Fishinge on those Coastes.

For the followinge, workinge, and perfectinge of these _Commodities_, all provisions necessary for the present are sent in good aboundance. As likewise the people that goe, are plentifully furnished with Apparell, Beddinge, Victuall for sixe moneths: Implements both for House and labour, Armour, weapons, tooles, and sundry other necessaries. And a supply of Armour, Powder, and many necessary provisions is made for those of the Colonie which were there before; yet without any prejudice to the former _Magazine_.

_c. Gifts._[15]

_There have beene given to the Collonie this yeere, by Devoute Persons, these guifts ensuinge._

_Two Persons_, unknowne, have given faire Plate and other rich Ornaments for two Communion Tables; whereof one for the Colledge, and the other for the Church of Mistress Mary Robinson's foundinge: who in the former yeere by her Will gave 200. pounds towards the foundinge of a Church in _Virginia_.

Another unknowne person[16] (together with a goodly letter) hath lately sent to the Treasurer 550. pounds in gold, for the bringing up of Children of the _Infidels_: first in the Knowledge of God and true Religion; and next, in fitt Trades whereby honestly to live.

Master _Nicolas Ferrar_ deceased, hath by his Will given 300. pounds to the College in _Virginia_, to be paid, when there shall be ten of the _Infidels_ children placed in it. And in the meane time foure and twenty pounds by yeere, to be distributed unto three discreet and Godlie men in the Colony, which shall honestly bring up three of the _Infidels_ children in Christian Religion, and some good course to live by.

_An unnamed person_ sent to the _Treasurer_ the summe of ten pounds, for advancing the _Plantation_.[17]

27. The Ordinance of 1621 for Virginia

Stith's _History of Virginia_, App. IV; Hening's _Statutes_, I, 110 ff.

The _Records_ of the Virginia Assembly of 1619 (see No. 25 above) show that the London Company had given to the settlers a "great charter." No copy of it exists; but apparently its political features were repeated in this document, issued by the Company July 24/Aug. 3, 1621, on the appointment of a new governor. This great Ordinance has sometimes been called, mistakenly, The First Charter to the Virginian Colonists. It is the _second_ such charter. Cf. _American History and Government_, # 30.

_An Ordinance and Constitution of the Treasurer, Council, and Company in_ England, _for a Council of State and General Assembly._

I.--To all People, to whom these Presents shall come, be seen, or heard, The Treasurer, Council, and Company of Adventurers and Planters for the city of _London_ for the first Colony of _Virginia_ send Greeting. KNOW YE, that we, the said Treasurer, Council, and Company, taking into our Consideration the present State of the said Colony of Virginia, and intending, by the Divine Assistance, to settle such a Form of Government there, as may be to the greatest Benefit and Comfort of the People, and whereby all Injustice, Grievances, and Oppression may be prevented and kept off as much as possible from the said Colony, have thought fit to make our Entrance, by ordering and establishing such Supreme Councils as may not only be assisting to the Governor for the time being, in the Administration of Justice, and the Executing of other Duties to this Office belonging, but also, by their vigilant Care and and Prudence, may provide as well for a Remedy of all Inconveniences, growing from time to time, as also for the advancing of Increase, Strength, Stability, and Prosperity of the said Colony:

II.--We therefore, the said Treasurer, Council, and Company, by Authority directed to us from his Majesty under the Great Seal [section xiii of the Second Charter; p. 40 above], upon Mature Deliberation, do hereby order and declare, that, from hence forward, there shall be TWO SUPREME COUNCILS in _Virginia_, for the better Government of the said Colony aforesaid.

III.--THE one of which Councils, to be called THE COUNCIL OF STATE (and whose Office shall chiefly be assisting, with their Care, Advice, and Circumspection, to the said Governor) shall be chosen, nominated, placed, and displaced, from time to time, by Us, the said Treasurer, Council, and Company, and our Successors: Which Council of State shall consist, for the present, only of these persons, as are here inserted, _viz._ Sir _Francis Wyat_, Governor of _Virginia_, Captain _Francis West_, Sir _George Yeardley_, Knight, Sir _William Neuce_, Knight Marshal of _Virginia_, Mr. George _Sandys_, Treasurer, Mr. George _Thorpe_, Deputy of the College, Captain _Thomas Neuce_, Deputy for the Company, Mr. _Pawlet_, Mr. _Leech_, Captain _Nathaniel Powel_, Mr. _Christopher Davison_, Secretary, Dr. _Pots_, Physician to the Company, Mr. _Roger Smith_, Mr. _John Berkeley_, Mr. _John Rolfe_, Mr. _Ralph Hamer_, Mr. _John Pountis_, Mr. _Michael Lapworth_, Mr. _Harwood_, Mr. _Samuel Macock_. Which said Counsellors and Council we earnestly pray and desire, and in his Majesty's Name strictly charge and command, that (all Factions, Partialities, and sinister Respect laid aside) they bend their Care and Endeavours to assist the said Governor; first and principally, in the Advancement of the Honour and Service of God, and the Enlargement of his Kingdom amongst the Heathen People; and next, in erecting of the said Colony in due Obedience to his Majesty, and all lawful Authority from his Majesty's Directions; and lastly, in maintaining the said People in Justice and _Christian_ Conversation amongst themselves, and in Strength and Ability to withstand their Enemies. And this Council to be always, or for the most Part, residing about or near the Governor.

IV.--THE other Council, more generally to be called by the Governor once Yearly, and no oftener but for very extraordinary and important Occasions, shall consist, for the present, of the said Council of State, and of two Burgesses out of every Town, Hundred, or other particular Plantation, to be respectively chosen by the Inhabitants: Which Council shall be called THE GENERAL ASSEMBLY, wherein (as also in the said Council of State) all Matters shall be decided, determined, and ordered, by the greater Part of the Voices then present; reserving to the Governor always a Negative Voice. And this General Assembly shall have free Power to treat, consult, and conclude, as well of all emergent Occasions concerning the Publick Weal of the said Colony and every Part thereof, as also to make, ordain, and enact such general Laws and Orders for the Behoof of the said Colony, and the good Government thereof, as shall, from time to time, appear necessary or requisite;

V.--WHEREAS in all other Things, we require the said General Assembly, as also the said Council of State, to imitate and follow the Policy of the Form of Government, Laws, Customs, and Manner of Trial, and other Administration of Justice, used in the Realm of _England_, as near as may be, even as ourselves, by his Majesty's Letters Patent are required.

VI.--PROVIDED, that no Law or Ordinance, made in the said General Assembly, shall be or continue in Force or Validity, unless the same shall be solemnly ratified and confirmed in a General Quarter Court of the said Company here in _England_, and so ratified, be returned to them under our Seal; It being our Intent to afford the like Measure also unto the said Colony, that after the Government of the said Colony shall once have been well framed, and settled accordingly, which is to be done by Us, as by Authority derived from his Majesty, and the same shall have been so by us declared, no Orders of Court afterwards shall bind the said Colony, unless they be ratified in like Manner in the General Assemblies[18]....

28. Royal Attempts to Control the Company, 1620-1622

_Records of the Virginia Company_, I and II, under dates given. These Records were first published in full in 1908 by the Government Printing Office at Washington. For a brief outline of the history, with references to some other source material, cf. _American History and Government_, # 32.

(1) _A Quarter Courte held for Virginia at Mr Ferrars in St Sithes Lane the 17th of May 1620._

_Present_--[The list includes 172 names with the addenda "and many others." The first eight named were Lords; the next thirty, knights.]

Uppon request of some of the generallytie itt was ordered that frome hence forth before the Company proceed to the choyce of their Officers the Chapter or title of election [_i.e._, the company's rules regarding elections] shall allwaies be red before.

* * * * *

Imeadiately after, and before they proceeded in any buisines, one mr Kerkham agent, sent from the King, presented himselfe to the boord and signified to the Courte that his Majestie, understandinge of the Eleccion of their Treasuror, which they intended this day to make choyce of, out of an especiall care and respect hee hath to that Plantacion, hath required him to nominate unto them ffower, outt of which his pleasure is the Company should make choyce of one to be their Treasurer; That was, Sir Thomas Smith, Sir Thomas Roe, Mr. Alderman Johnson, and Mr. Maurice Abbott, _and noe other_.

* * * * *

These buisines beinge thus ordered mr Treasurer accordinge to the standing Lawes of the Company before the giveinge upp of his place proceeded to declare unto this Courte the State of the Colony together with the Supplies of this yeare, and the present State of the Treasury, how both hee found itt and now should leave itt. [See No. 26 above.]

Lastly hee concluded with his respective thanks, first to the Company in generall for their love in chosinge him, and then particularly to the Lords for their so frequent presence to the graceinge of the Courte and great assistance in the buisines; to the Officers for their faythfull joyninge with him in the supportinge of his burthen; and againe to the Courte in generall for their patience in bearringe with his unwillinge errors and other naturall infirmities. So deliveringe upp his Office togeather with the Sealls, hee desyred the Courte to proceed in Eleccion of their Treasuror, accordinge to the message lately receaved from his Majesty: and theruppon withdrew himselfe out of the Courte.

Uppon which this great and generall Courte found themselves uppon a deliberate consideracion of the matter att an exceedinge pinch: for if they should not doe as the Kinge had commaunded they might incurre suspicion of defect in poynte of duety,--from which they protested they were and would be free; on the other side, if they should proceed accordinge to the lymitts of that message they suffered a greate breach into their Prevyledge of free Eleccion graunted to them by his Majestys letters Pattents, which they held fitt rather to lay downe with all dutie and submission att his Majesties ffeet then to be depryved of their pryveledge. And theruppon perusing the said letters Pattents, after longe arguinge and debatinge, itt was concluded by generall ereccion of hands, that the eleccion might and should be adjourned to the next Quarter Courte notwithstanding any order made by the Company to the contrarie.

Wheruppon forasmuch as itt manyfestly appeared that his Majestie hadd beene much misinformed of the menaginge of their buisines this last yeare, Itt was agreed accordinge to the opynion aforesaide that the day of Eleccon should be putt of till the next generall Courte some six weeks hence in Midsomer Tearme, and till they understood the Kings farther pleasure, And in the intrym they humbly entreated the Right Honorable the Lord of Southampton, Vyscount Doncaster, The Lord Cavendish, the Lord Sheffield, Sir John Davers, Sir Nicholas Tufton, Sir Lawrence Hide, mr Christopher Brook, mr Gibbes, mr Herbert, mr Keightley, and mr Cranmer to meet uppon ffryday morninge att Southampton house to determine of an humble answere unto his Majesties message and to deliver to him a true informaccon as well of the former as of this latter years government of the buisines for Virginia, beseechinge allso that his Majestie would be pleased not to take from them the Pryveledge of their letters Pattents, butt that itt might be in their owne choyce to have free eleccion.

Uppon which, till his Majesties pleasure were knowne, Sir Edwin Sandys, after much and ernest refusall, att length uppon ernest request of the whole Courte hee yeilded to sett down in his former place, yett forbearinge to receave the Seales againe or to putt any thinge to Question; and all other Officers were likewise continued till the same time.

_(2) A Great and Generall Quarter Courte helde in the afternoone at Mr. Ferrars House. 28th July 1620._

* * * * *

The Earle of Southampton acquainted this Courte that himselfe with the rest of the Lords and gentlemen requested therunto by the last Quarter Courte had presented their humble desires unto his Majestie for the free eleceon of their Treasurer, wherunto his Majestie had most gratiously condiscented, signyfyinge unto them that it would be pleasinge to him they made choyce of such a one as might att all times and occasions have free accesse unto his royall personn. And further declaringe that itt was the mistakinge of the messenger, haveinge not receaved his message imeadiately from his owne royall mouth, to exclud them from the libertie of choosinge any butt the fower nominated, whom his Majesties intent was indeed to recommend butt not so as to barr the Company from the choyse of any other.

Wheruppon the wholl Courte rendred to his Majestie all humble thanks and ordered that by writinge itt should be signified unto his Majestie:

Then mr Herbert delivered unto the Company that wheras by some distractions and discentions in the Company the buisines much suffered in the reputaccon and otherwise, they should now think uppon some Person of such worth and authoritie as might give full remedie therunto, which since itt could not be performed by the late Treasurer a man of that greate habilitie and sufficiencie together with his industrie and integritie as of his ranke ther could not be found any to passe him, there was now lefte noe hope except itt might please some of those Honorable personages [Lords] then present to vouchsaffe to accept of the place, who by adiccon of Nobilitie might effect that which others by meere habillytie could not doe.

Which moccon beinge exceedinglie approved, the whole Courte imeadiately with much joy and applause nominated the Earle of Southampton, with much ernestnes beseechinge his Lordship that for the redeeminge of this Noble Plantaccon and Company from the ruines that seemed to hange over itt hee would vouchsaffe to accept of the place of Treasurer.

Which itt pleased him after some finale pause in fine to doe in very noble manner out of the worthie love and affeccon that hee bare to the Plantaccon. And the Courte in testimoniall of their bounden thankfullnes and of the great honoure and respect they ought him, did resolve _to surcease the ballatinge box_; and without nominaccon of any other, by ereccon of hands, his Lordship was chosen Treasurer and tooke his Oath. Which done, his Lordship desyred the Company that they would all putt on the same myndes with which hee hadd accepted that place.

_(3) At a great and generall Quarter Courte held for Virginia in the Afternoone the 22 of May 1622._

Imediately after these things were thus ordered, as the Court were proceedinge after their accustomed manner to the eleccon of their Treasurer Deputy and other Officers for this present yeare accordinge to the direccon of his Majesties Letters Patents, mr Alderman Hamersly rose upp and havinge first excused his seldome comminge to Courts by reason of the Officers negligent warninge of him, he said That himselfe and mr Bell were both commaunded by mr Secretary Calvert to deliver a Message in his Majesties name unto this Court, namely to signifie, that although it was not his Majesties desire to infringe their liberty of free elleccon yet it would be pleasing unto him, if they made choise for Treasuror and Deputy any of those gentlemen (commended for their Sufficiency), whose names were mencioned in the paper nowe presented in open Court which were these that followe vizt. [The names of five gentlemen nominated by the King for Treasurer, and five more for Deputy.]...

Mr Bell, beinge also entreated to deliver the Message he had receaved from mr Secretary Calvert, said that he was not present when mr Secretary Calvert imparted this Message to mr Alderman Hamersley, but that there came a Messenger to him over night to require him to attend mr Secretary Calvert at his Chamber; and beinge there, mr Secretary told him that his Majestie commaunded him to signifie his pleasure that out of his good wishes (for the good of the Company and the Plantation) he had recommended to this Court certaine Gentlemen (named in the paper nowe presented) if the Company so thought good: But it was not his meaning to infringe the liberty of their free choise; And beinge desirous to have had his Message in writinge, mr Secretary said it needed not for it was but short.

Both which Messages agreeing in substance, and beinge a full remonstrance of his Majesties well wishing unto the Plantation and of his graceous meaninge not to infringe the priviledge of the Companie and liberty of their free eleccon, was receaved with great love and contentment of the whole Court; and therupon proceedinge to the eleccon of their Treasuror (for which onely three by the orders of the Company could stand). It was generally agreed that out of the five formerly proposed by his Majestie for Treasuror, choise should be made of two of them to stand in eleccon with one that the Companie should name: Wherupon the former five beinge severally put to the question, it appeared by ereccon of most hands that mr Clethero and mr Hanford were to stand for it: Then the Companie named the Lord of Southampton; who beinge all three accordingly ballated, the place fell to the Lord of Southampton by havinge 117 balls, mr Clethero 13 and mr Hanford 7. In like manner out of the five formerly named by his Majestie for Deputy, by ereccion of most hands, mr Leat and mr Bateman were to stand for it; unto whome the Companie havinge added mr Nicholas ffarrer, they were all three put to the Ballatinge Boxe, and thereupon choise was made of mr Nicholas ffarar by havinge 103, mr Bateman 10: and mr Leate 5.

* * * * *

Itt beinge moved that there might be some presentaccon of the Companies humble thankfullnes unto his Majestie in respect of the graceous Message formerly delivered, after some deliberaccon had thereuppon, the Court conceaved it fitt to be sett downe in these words (vizt) That the Lord Cavendish the Lord Padgett, the Lord Haughton are humbly requested by the Court to present their most humble thanks to his Majestie for his graceous remembrance and good wishes to their affaires out of which he was graceously pleased to recommend certaine persons for Treasuror and Deputy if they so thought fitt, but without any infringement of their liberty of free eleccon; and they were further humbly requested to signify and testifie unto his Majestie the great respect and reverence wherewith his message was receaved and howe in conformity thereunto, although they had formerly accordinge to their custome in their Praeparative Court nominated the Earle of Southampton for Treasuror, yet out of the persons recommended by his Majestie they choose fower who had most voices and put them in eleccon with two nominated by the Company,--upon whom the places were conferred by an unanimous consent of the Company, havinge founde the Plantation to prosper every of these three last yeares more then in ten before, and [more] found to have bin donn with Ten thousand pounds, then formerly with fower score thousand....

[The language of the _Records_, of course, is decorous and courtly; but the student ought to be able to see a certain grim humor along with the steadfast determination not to permit royal usurpation. The Ferrars' Papers report that, when this last communication was delivered to the King, he "flung away in a furious passion,"--not unnaturally. Some of the other episodes in this connection told in those papers are given in _American History and Government_.]

FOOTNOTES:

[12] This means _for_, not _in_; cf. Rule CI.

[13] Water was the only means of travel and trade. To steal a boat was equivalent to horse-stealing in a cow-boy country today. "Felony" was punishable by death.

[14] Wood was the fuel then used to smelt iron ore.

[15] This part of the appendix to the Declaration is taken from Sir Edwin Sandys' report in May, and his wording is followed here (_Records_, I, 353, 354). It is plain that such gifts were made because the Company had the character of a foreign missionary society.

[16] This person in his letter to the Company signs himself "Dust and Ashes," and, in a _later_ communication, "D. & A."

[17] The entry in the _Records_ of the Company (I, 335) speaks of this gift "for some good uses in Virginia."

In 1622, "a person not willinge as yet to be knowne" sent £25 "to helpe forward the 'East India' Schoole." I count up twelve entries of such gifts in three years' _Records_. In 1623 the Company reported that in the past four years there had been contributed "towards the forwardinge of this glorious Worke, ... presents to the value of fifteen hundred pounds, by zealous and devoute Persons, most of them refusing to be named."

[18] Such a promise in the preceding "great charter" is plainly referred to in the "last humble suite" of the Assembly of 1619; see p. 63 above.

V. A ROYAL PROVINCE

(_Representative Government in Danger_)

29. The Royal Commission of 1624 for the First Royal Governor in Virginia

Hazard's _State Papers_ (1792), I, 189 ff. The first part of the extract here given presents King James' view of recent troubles with the Virginia Company.

... And whereas Wee, out of our zeal and affection to the furthering of the said Plantations, having still a watchfull and carefull eye to the same, and finding the courses taken for the setling thereof, had not taken the good effect which Wee intended and so much desired, did, by our Commission lately graunted to certaine Persons of Qualitie and Trust, cause the state of the said country of _Virginia_ be to examined how it stood, as well in point of livelihood as government; ... to the end, yf good cause were, Wee might by our royall hand, supply what should be defective. And whereas our Commissioners, after much care and paines expended in execution of our said Commissions, did certifie us, that our Subjects and People sent to inhabite there, and to plant themselves in that country, were most of them by God's visitations, sickness of bodie, famine, and by massacres of them by the native savages of the land, dead and deceased, and those that were living of them lived in necessitie and want, and in danger by the Savages: but the Country, for any thing appeared to the said Commissioners to the contrary, they conceaved to be fruitfull and healthfull after our People had been some time there; and that if industry were used it would produce divers good and staple Commodities, though in the sixteene years government past, it had yealded fewe or none; ... and that yf our first graunt herein mentioned, and our most prudent and princely instructions given in the beginning of the Plantation, for the direction of the affaires thereof ... had bin pursued, much better effect had bin produced than had bin by the alteration thereof, into soe popular [democratic] a course ...: Whereupon Wee entring into mature and deliberate consideration of the premisses, did, by the advise of the Lords of our Privie Counsell, resolve, by altering the Charters of the said Company, as to the point of government wherein the same might be found defective, to settle such a course as might best secure the safetie of the People there, and cause the said Plantation to flourish, and yet with the preservation of the interest of every Planter or Adventurer, soe far forth as their present interests shall not prejudice the publique Plantations; But because the said _Treasurer and Company_ did not submitt their Charters to be reformed, our proceedings therein were stayed for a tyme, untill, uppon a _Quo Warranto_ ... by due course of Lawe, the said charters were avoyded; [And whereas the King intends to prepare another charter, and in the interval, by a commission of July 15, 1629, has established a supervising council in England for the Colony (composed of members of the Privy Council), now, according to advice from this council] ... untill some other constant ... course be resolved upon ... Knowe yee ... that Wee reposing assured trust and confidence in the understanding, care, fidelitie, experience, and circumspection of you, ... Sir Francis Wyatt, Francis West, Sir George Yardeley, George Sandys, Roger Smith, Ralph Hamor, John Martin, John Harvy, Samuell Mathews, Abraham Perrey, Isaacke Madison, and William Clayborne, have nominated and assigned, and do hereby nomynate and assigne you the said Sir Francis Wyatt, to bee the present Governor, and you the said Francis West, Sir George Yardeley, and the rest before mentioned, to be our present Councell of and for the said Colonye and Plantation in _Virginia_: Giving and granting unto you, and the greater nomber of you, by theis presents respectively, full power and authoritie to performe and execute the places, powers, and authorities incident to a Governor and Councell in _Virginia_, respectively, and to direct and governe, correct and punish our Subjects nowe inhabiting or being, or which hereafter shall inhabite or be in _Virginia_, or in any the Isles, portes, havens, creaks, or territories thereof, either in tyme of peace or warre, and to order and direct the affaires touching or concerning that Colonie or Plantation in those forraigne partes onely;[19] _and_ [_to_] _doe, execute and performe all and every other matters and things concerning that Plantation, as fullye and amplye as any Governor and Councell resident there, at any tyme within the space of five yeares now last past_ ... Nevertheless, our will and pleasure is, that yee proceed therein according to such instructions as yee, or such of you as have bene heretofore of our Councell there, have received, or according to such instructions as you shall hereafter receave from Us, or our Commissioners here. ... And lastly, our will and pleasure is, that this our commission shall continue in force untill such tyme as Wee by some other writing under our Signett, privie Seale, or greate Seale, shall signify our pleasure to the contrary....

30. Yeardley's Commission from Charles I, March 4/14, 1624/5

Hazard's _State Papers_ (1792), I, 230-234. This commission, so far as concerns the powers of the governor, followed the commission given in No. 29 above. Cf. _American History and Government_, # 34.

[The King, Charles I,] reposing assured Truste and Confidence in the Understanding, Care, Fidelitie, Experience, and Circumspection of you the said Sir _George Yardeley_, _Francis West_, _John Hervey_, _George Sandys_, _John Pott_, _Roger Smith_, _Ralph Hamor_, _Samuell Matthews_, _Abraham Percey_, _William Clayborne_, _William Tacker_, _Jabes Whitacres_, _Edward Blaney_, and _William Farrar_, have nominated and assigned ... you the said Sir _George Yardeley_, to be the present Governour, and you the said John Harvey, and the rest before mentioned to be the present Councell of and for the said _Collony and Plantation in Virginia_, giveing ... unto you full Power and authority to performe and execute the Places, Powers, and Authorities incident to a Governour and Councell of Virginia respectively; and to direct and governe, correct and punish our Subjects ... in Virginia, eyther in tyme of Peace or Warr; and to order and direct the Affaires touching or concerneing that Collony or Plantation in those forreigne parts only; and to execute and performe all and every other Matters and Things concerneing that Plantation, _as fully and amply as any Governour and Councell resident there, at anie time within the Space of Five Years now last past, had or might performe or execute: ..._

[_Observe_ that there is no reference to the Assembly in this document or in the preceding one.]

31. The Colony favors the Policy of the Company

_a. The Assembly enacts a precautionary "Bill of Rights," March, 1624_

Hening's _Statutes at Large, being a Collection of the Laws of Virginia_ (1823). Cf. _American History and Government_, # 34.

It had become apparent that the King was about to destroy the Company and take over the colony. This Assembly enacted some thirty brief statues. Three are of interest in this connection.

8.--_That the Governor shall not lay any taxes or ympositions upon the colony their lands or comodities other way than by the authority of the General Assembly, to be levyed and ymployed as the said Assembly shall appoynt._[20]

9.--The governor shall not withdraw the inhabitants from their private labors to any service of his own upon any colour whatsoever; and in case the publick service require yimployments of many hands before the holding a General Assemblie to give order for the same, in that case the levying of men shall be done by order of the governor and whole body of the counsell, and that in such sorte as to be least burthensome to the people and most free from partiality.

11.--That no burgesses of the General Assembly shall be arrested during the time of the assembly, a week before and a week after, upon pain of the creditors forfeiture of his debt and such punishment upon the officer as the court shall award.[21]

_b. Requests for Aid (and, indirectly, for an Assembly)_

(1) _Letter from Governor and Council to the Special Commission mentioned in No. 29 above._

Aspinwall Papers, in _Massachusetts Historical Society Collections_, 4th series, IX, 74-81. About a third of the letter is given here.

Right Honorable,--....

Nothing hath bine longe more earnestly desired then the setling of the affaires of the Collony, as well for the government as other wayes, neither could ther have bine a greater incouragement to the Planter then to understand it to bee his Majesties gratious pleasure that no person of whom they have heretofore justlie complayned should have any hand in the government, either here or their [in Virginia or in England]. And wee humbly desire your Lordshipps to solicitt his Majestie (if it bee not alreadie done) for the speedie accomplishment thereof, the rather because the Governors necessary occasions require his present retourne [to England].

His Majesties gratious assurance that every man shall have his perticuler right preserved and inlarged, with Addicion of reasonable imunities, wilbe a singular meanes of inviting many people hither, and setling themselves here....

Those greate important workes of suppressing the Indians, discoveries by sea and land, and Fortificacion against a forren enemy, that they may be thoroughly and effectually performed, will require no less numbers then Five hundred soldiers, to bee yearely sent over, for Certaine yeares, with a full yeares provision of Victuall, aparrell, armes, Munition, tooles, and all necessaries, to which Worthie designes the Collony wilbe alwayes readie to yeald ther best furtherance and assistance, as they have bine very forward since the Massacre, notwithstanding ther great losse then sustayned. And wee Conceive soe great expence, will have the better successe, if the ordering therof be refered to the Governor and Counsell here residing, =_with the advise_= (=_in speciall Cases_=) =_of the Generall Assembly_=. Both Concerning this, and alother things which may Conduce to the setling of the Plantacion, wee have formerly given your Lordshipps Advertisement, in the generall Assemblies answere to the ffowre propositions propounded by your Lordshipps to the Commissioners sent hither, and wee doubt not but Sir George Yardly hath given your Lordshipps full information of all things necessary....

Your Lordshipps very humble Servants,

FRANCIS WYATT. FRANCIS WEST. RAPHE HAMOR. ROGER SMITH. ABRAHAM PERSEY. WILLIAM CLAYBOURNE.

James Cittie the 6th. of Aprill, 1626.

(2) _The Same to the Same, May 17, 1626._

_Virginia Magazine of History_, II, 50-55. An abstract is printed in the _Colonial State Papers_.

But the groundwork of all is, that their bee a sufficient publique stock to goe through with soe greate a worke, which wee cannot compute to bee lesse then £20,000 a yeare, certaine for some yeares; for by itt must be mainetained the governer and counsell and other officers here, the forrest wonne and stockt with cattle, fortifications raysed, a running armye mainetayned, discoveries made by Sea and land, and all other things requisitt in soe mainefould a business. And because [of the difficulty of administering such sums wisely from England], wee humbly desire that a good proporcion thereof may bee whollie att the disposall of the governer, Counsell, _and generall Assembly in Virginia_....

32. Royal Restoration of the Virginia Assembly, 1629

_a. Harvey's Propositions Touching Virginia_ (_without date; 1629_)

_Virginia Magazine of History_, VII, 369.

For explanation, see _American History and Government_, # 34. Sir John Harvey had been appointed governor a few months before, with a commission _which made no mention of an Assembly_. The extract is No. 2 of the seven "propositions" submitted by him to King Charles.

2. That his Ma[jes]tie wilbe pleased gratiously to extend his favour to the planters, for a new confirmation of their lands and goods by charter under the great seale of England, and therein to authorize the Lords to consider what is fitt to be done for the ratifying of the privileges formerly granted, _and holding of a general assembly_, to be called by the Governor upon necessary occasions, therein to propound laws and orders for the good government of the people; and for that it is most reasonable that his ma[jes]ties subjects should be governed only by such laws as shall have their originall from his ma[jes]ties royall approbation, it be therefore so ordered that those laws, so there made, only stand as propositions, until his ma[jes]tie shalbe pleased, under his great seal or privy seal, or by the Lords of his noble privy council, to ratify the same.

_b. Certaine Answeres_ (_by Charles I_) _to Capt. Harveye's Proposicons Touching Virginia_

_Virginia Magazine of History_, VII, 370.

2. The sett[l]ing of Lands and goods and privileges is to be done here, and may be done by calling in the former books and charters at a convenient time. _But the governor may be authorized shortly after his first coming into Virginia to call a grand assembly and there to set down an establishment of the Government, and ordaine laws and orders for the good thereof_, and those to send hither to receive allowance [_i.e._, to be ratified]; and such as shall be soe allowed to be returned thither under the great seal and put in execution, the same to be temporary and changeable at his ma[jes]ties pleasure, signified under the like great seal.

[This is the formal restoration of the Virginia Assembly. The meeting in 1628 had been with special sanction for that particular occasion.]

_c. Assembly Authorized in a Governor's Instructions, 1641_

_Virginia Magazine of History_, II, 281 ff.

These instructions in the matter of the Assembly are said to have been given in the same form to Wyatt in 1639,--the governor who came between Harvey and Berkeley. For the significance of these papers, see _American History and Government_, ## 34-35.

_Instructions to Sir Wm. Berkeley, Knt., Governor of Virginia_

* * * * *

4. That you and the Councillors as formerly once a year or oftener if urgent occasion shall require, Do summon the Burgesses of all and singler Plantations there, which together with the Governor and Councill makes the Grand Assembly, and shall have Power to make Acts and Laws for the Government of that Plantation, correspondent, as near as may be, to the Laws of England, in which assembly the Governor is to have a negative voice, as formerly.

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33. Legislation by the Virginia Assembly as to Morals and Taxes

Hening's _Statutes at Large_ (1823).

(1) [_March, 1623/4._]

19.--The proclamations for swearing and drunkenness sett out by the governor and counsell are confirmed by this Assembly;--and it is further ordered that the churchwardens shall be sworne to present them to the commanders of every plantation and that the forfeitures shall be collected by them to be for publique uses.

33.--That for defraying of such publique debts our troubles have brought upon us. There shall be levied 10 pounds of tobacco upon every male head above sixteen years of adge now living (not including such as arrived since the beginning of July last).

(2) [_October, 1629._]