A Source Book in American History to 1787
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Title: A Source Book in American History to 1787
Editor: Willis M. West
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*** START OF THE PROJECT GUTENBERG EBOOK A SOURCE BOOK IN AMERICAN HISTORY TO 1787 ***
A SOURCE BOOK
IN
AMERICAN HISTORY
TO 1787
COLLECTED AND EDITED
BY
WILLIS MASON WEST
SOMETIME PROFESSOR OF HISTORY AND HEAD OF THE DEPARTMENT AT THE
UNIVERSITY OF MINNESOTA
[Illustration]
ALLYN AND BACON
#Boston New York Chicago#
COPYRIGHT, 1913,
BY WILLIS MASON WEST.
#Norwood Press#
J. S. Cushing Co.--Berwick & Smith Co.
Norwood, Mass., U.S.A.
FOREWORD
Early American history is especially suited for "source work" in
secondary schools and undergraduate college classes. After the year
1800, there are too many documents and many of them are too long. The
student can get no systematic survey nor any sense of continuity; and
source work is therefore merely illustrative of particular incidents.
But, for the early period, it is possible, by careful selection and
exclusion, to lay a basis for a fairly connected study.
To do this, it is necessary to combine in one volume selections
which are usually grouped separately, as "Documents" and as
"Readings,"--such, for instance, as the Massachusetts charter, on the
one hand, and Winthrop's letters to his wife, on the other. Rigid
scholarship may object to the inclusion of such different sorts of
sources between the same covers. But students cannot be expected to
own or use more than one volume of sources in American history; and
the practical educational advantages of the combination seem to me to
outweigh all possible objections--besides which, something might be
said for the arrangement in itself, for young students, on the side of
interest and convenience.
A number of admirable collections of sources for schools are already
in use. And yet, in preparing my _American History and Government_,[1]
I found no single volume which contained the different kinds of source
material desirable for illustration, while much of the most valuable
material was still inaccessible in any collection. Some two-thirds of
the selections in the present volume, I believe, have not previously
appeared in Source Books; and, for many of the customary documents,
I have found it desirable to print parts not usually given. Thus, for
Gorges' Patent for Maine, instead of reproducing the territorial grant
(which is all that is given in the only Source Book which touches on
that document), I have chosen rather to give the portion authorizing a
degree of popular self-government (the reference to the "parliament in
New England").
In a few cases, documents which might have been expected are not given,
because extracts from them are used freely in the _American History and
Government_, to which this is a companion volume. The most important
cases of this character are noted at appropriate points. In general,
in the selection and arrangement of documents, special emphasis has
been given to the following topics: (1) the idealistic motives back of
American colonization in Virginia as well as in Puritan New England;
(2) the evolution of political institutions in Virginia and in typical
Northern colonies,--especially of representative government and of the
town meeting, and of such details as the use of the ballot; (3) the
very imperfect nature of democracy, political and social, in colonial
America,--so that the student may better appreciate our later growth;
(4) social conditions,--necessarily a rather fragmentary treatment;
(5) the evolution of commonwealths out of colonies in the Revolution;
and (6) the breakdown of the Confederation and the making of the
Constitution.
Many typical documents are given entire. Other selections are excerpted
carefully. In such cases, omissions are indicated, of course, and the
substance of the omitted matter is usually indicated in brackets. In
the case of a few selections, like those from Winthrop's _History_,
the original document has already been published in standard editions
with modernized spelling. Such editions have been followed. The
text of all other documents has been reproduced faithfully, except
for such departures as are authorized in the American Historical
Association's _Suggestions for the Printing of Documents_; _i.e._,
regarding the spelling out of abbreviations, and the modern usage
for the consonantal _i_ and _u_, and the modernizing of punctuation
when absolutely needful to prevent ambiguity. Some students may find
a slight difficulty at first in the vagaries of seventeenth century
orthography. But this difficulty is quickly surmounted; and, apart
from the added flavor that comes from the quaintness of the original,
and from the consciousness that the copy has been strictly adhered to,
there is often a distinct historical advantage in the practice. The
falling away in book-culture in the second generation of New England
colonization can hardly be suggested so forcibly in any other way as
by following the degeneration of spelling by town officials--as in the
Watertown records in Number 83. The peculiarities of type in printed
documents have been preserved so far as possible, but here I have taken
a greater liberty than in any other matter of this kind. Italics and
black-faced type have been introduced freely, to call attention to
matter of special importance for instruction. Sometimes this practice
has been noted in the respective introductions; and in other cases
there will be little difficulty in deciding which passages owe their
prominence of this sort to the editor.
I have tried also to add to the teaching value of the book by a free
use of introductions to the various extracts, and by footnotes and
addenda, with occasional "Hints for Study."
WILLIS MASON WEST.
WINDAGO FARM,
November, 1913.
TABLE OF CONTENTS
NUMBER PAGE
I. England in the Century of Colonization
1. Classes of Englishmen; by William Harrison; from Holinshed's
_Chronicles_ (1577) 1
A. SOUTHERN COLONIES TO 1660
II. Motives for Early Colonization
2. Sir George Peckham's "True Report" (1582) of Gilbert's expedition;
from Richard Hakluyt's _Voyages and Discoveries
of the English Nation_ 4
3. Richard Hakluyt's _Discourse on Western Planting_ (1584);
from the _Maine Historical Society Collections_ 4
4. Michael Drayton's _Ode_ to the Virginian Voyage (1606) 7
5. "Goodspeed to Virginia" (1609); by Robert Gray; from
Brown's _Genesis of the United States_ 7
6. "Nova Britannia" (1609); anonymous; from Peter Force's
_Historical Tracts_ 10
7. The "True and Sincere Declaration" by the London Company
(1609), with a "Table of such [colonists] as are required";
from Brown's _Genesis of the United States_ 12
8. Marston's _Eastward Hoe!_ (1605) 15
9. Crashaw's "Daily Prayer" for use in Virginia (1609); from
Force's _Historical Tracts_ 15
10. Crashaw's "Sermon" before Lord Delaware's Expedition
(1610); from Brown's _Genesis of the United States_ 16
11. A letter by Sir Edwin Sandys (1612) to stockholders of the
London Company; from Neill's _Virginia and Virginiola_ 17
12. The glories of Virginia; from a letter from Sir Thomas Dale
(governor in Virginia) to Sir Thomas Smith (head of the
London Company), in 1613; from the _Records of the Virginia
Company of London_, edited by Susan Kingsbury 17
13. A defense of the London Company (declared not mercenary)
by Captain John Smith (1616); from Smith's _Generall
Historie of Virginia_ 18
14. A plea for colonization on patriotic and religious grounds
(1631), by Captain John Smith; _Works_ 18
III. Virginia (1606-1619), to the Introduction of Self-government
15. The charter of Sir Humphrey Gilbert (1578); from Hakluyt's
_Voyages and Discoveries_ 20
16. The Virginia charter of 1606; from the Appendix to Stith's
_History of Virginia_ 23
17. Instructions by King James to the London Company (November
20/30, 1606); from Hening's _Statutes at Large_ 29
18. Instructions from the Council of the Virginia Company to the
first Jamestown expedition (December, 1606); from Neill's
_Virginia Company_ 32
19. The early settlers and their sufferings:
_a._ A "Discourse" by Master George Percy (1607);
from "Purchas his Pilgrimes" (1625) 35
_b._ An account of "gentlemen" in Virginia, by Amos
Todkill (1608); from Smith's _Works_ 36
20. The Virginia charter of 1609 (with hints for study); from the
Appendix to Stith's _History of Virginia_ 37
21. The Virginia charter of 1612 (the portions relating to a more
democratic organization of the Company and its powers); _ib._ 44
22. The danger from Spanish attack: correspondence of Spanish
and English ambassadors with their respective governments;
from Brown's _Genesis of the United States_ 47
IV. Virginia under the Liberal Company, 1619-1624
23. Rules of the Virginia Company (1619); from Force's _Historical
Tracts_ 51
24. An "Order" of the Company authorizing temporary self-government
in its plantations (February 2/12, 1619/1620);
from Susan Kingsbury's _Records of the Virginia Company
of London_ 53
25. Records of the Assembly of 1619; from Wynne and Gilman's
_Colonial Records of Virginia_ 53
26. The "Declaration" by the Company (drawn by Sandys), June
22/July 2, 1620, justifying the liberal management; from
Susan Kingsbury's _Records of the Virginia Company of
London_ 63
27. The Ordinance of 1621,--a grant of limited self-government by
the Company to the settlers, with authorization of a representative
Assembly; from the Appendix to Stith's _History
of Virginia_ 70
28. Attempts by King James to control the elections in the Company
in favor of the "court party" in 1620 and 1622; from
Susan Kingsbury's _Records of the Virginia Company of
London_ 73
V. Virginia a Royal Province: Struggle to save the Assembly
29. Royal Commission to Governor Wyatt and his Council (1624),
ignoring the Assembly; from Hazard's _State Papers_ 80
30. Royal commission to Governor Yeardley (1625), to like purpose;
from Hazard's _State Papers_ 82
31. Protests in the Colony:
_a._ The Assembly's precautionary "bill of rights," with
statement of the principle, "No taxation without
representation" (three laws from the session of
March, 1624); from Hening's _Statutes at Large_ 83
_b._ Requests from the colony for aid, and, indirectly, for
an Assembly:
1. Letter from the Governor and Council to the
Special Commission in England (April,
1626); from the Aspinwall Papers, in _Massachusetts
Historical Society Collections_ 84
2. Letter from the same to the same (May,
1626); from the _Virginia Magazine of
History_ 85
32. Restoration of the Assembly by royal authority (1629):
_a._ Captain Harvey's "Propositions" (after appointment
as governor); _ib._ 86
_b._ The King's answer to the same; _ib._ 86
_c._ Royal instructions to Governor Berkeley (1641); _ib._ 87
33. Virginian legislation, financial and moral; from Hening's
_Statutes at Large_ 87
VI. Virginia under the Commonwealth
34. Terms of settlement between Parliamentary Commissioners and the
Assembly (1652); from Hening's _Statutes at Large_ 90
35. Legislation restricting the franchise, and restoring it to the
old basis; _ib._ 92
VII. Maryland to 1660
36. Lord Baltimore's letter to Charles I (1629), describing the
hardships of the Avalon colony and asking for a grant in "Virginia";
from Scharf's _History of Maryland_ 93
37. The Maryland charter of 1632; from Bacon's _Laws of Maryland_ 94
38. Extracts from the Avalon charter of 1623 (with comparison with
the Maryland grant); from Scharf's _History of Maryland_ 99
39. Excursus: Extracts from the Plowden grant of New Albion of
1634, and the Gorges grant of Maine of 1639 (for comparison with
the foregoing, in tracing the development of royal approval of
representative institutions in the colonies); the documents from
Hazard's _State Papers_ 100
40. The "Toleration Act" of 1649; from the _Maryland Archives_ 102
B. NEW ENGLAND TO 1660
VIII. An Early Exploration
41. Captain George Weymouth's "True Relation" of his voyage in 1605
to the coast of Maine; from the _Massachusetts Historical Society
Collections_ 106
IX. The First Source of New England Land Titles
42. The charter of 1620 for the Plymouth Council (sometimes called
the Council for New England); from Hazard's _State Papers_ 109
X. Plymouth Colony
43. Negotiations between the Pilgrims and the Virginia Company for
the Wincob charter: Cushman's letter explaining the delay; from
Bradford's _Plymouth Plantation_ 113
44. Articles of Partnership between Pilgrims and London merchants;
_ib._ 114
45. The "farewell letter" from Pastor Robinson: the Pilgrims a
"body politic" with power of self-government; _ib._ 116
46. The Mayflower Compact; _ib._; with addendum--The Exeter
Agreement; from Hazard's _State Papers_ 116
47. The Peirce charter of June, 1621, from the New England Council;
from the _Massachusetts Historical Society Collections_ 118
48. Early history and hardships:[2]
_a._ Edward Winslow's letter of December, 1621, to a
friend in England; from Arber's _Story of the Pilgrim
Fathers_ 120
_b._ Captain John Smith's account, in 1624; _Works_ 122
49. The final source of Plymouth land titles:
_a._ Bradford's Patent of 1630; from Hazard's _State
Papers_ 124
_b._ Bradford's surrender of the same to the colony; _ib._ 126
50. Extracts from the "Fundamental Laws" of 1636; _ib._ 127
XI. The Founding of Massachusetts Bay
51. The Gorges claim:
_a._ The charter from the New England Council to Robert
Gorges (1622); from Sir Ferdinando Gorges'
"Briefe Narration," in Hazard's _State Papers_ 129
_b._ The Gorges expedition of 1623; _ib._, in _Massachusetts
Historical Society Collections_ 131
52. The founding of Salem and Charlestown: White's "Relation"
(1630); from Young's _Massachusetts Chronicles_ 132
53. The Massachusetts Company's charter of 1629; from the _Records
of the Governor and Company of Massachusetts Bay_,
edited by Nathaniel Shurtleff (usually quoted here as the
_Massachusetts Colonial Records_) 137
54. The docket of the above charter, as it was presented for royal
approval (showing the King's expectation that the charter
was to remain in England); from the _Massachusetts Historical
Society Proceedings_ for 1869-1870 144
55. Excursus: discussion of the original intention of the grantees
in the Massachusetts charter as to removing to America,
with illuminating extracts from the "Charter of the Company
of Westminster for the Plantation of Providence
Isle"; (the document from the manuscript in British
Record Office) 146
56. Agreement between the Massachusetts Company in England
and the Rev. Francis Higginson, on his removal to America;
from Young's _Chronicles of Massachusetts_ 148
57. Establishment of a subordinate government in the colony
(April, 1629), by order of the Company in England; from
the _Massachusetts Colonial Records_ 150
XII. The Colony Becomes Puritan
58. The decision to transfer the government and charter to the
colony:
_a._ The first official proposal, by Governor Cradock, at a
meeting of the Company in London (July 28, 1629);
from the _Massachusetts Colonial Records_ 153
_b._ The Cambridge Agreement; from _Young's Chronicles
of Massachusetts_ 154
_c._ The final decision by the Company; from the _Colonial
Records_ 156
59. Decision of Puritan gentlemen to settle in the colony:
_a._ John Winthrop's argument for a Puritan colony;
from Winthrop's _Life and Letters of John Winthrop_ 157
_b._ Winthrop's reasons for himself coming to America; _ib._ 159
_c._ The decision of John Winthrop, Jr.; _ib._ 160
_d._ Higginson's "News from New England"; from
Young's _Chronicles of Massachusetts_ 161
60. The attitude of the early Puritan colonists toward the Church
of England:
_a._ Winthrop's farewell letter to the Church of England;
_Life and Letters_ 162
_b._ Captain John Smith's opinion of the Puritans in 1630
(not Separatists); from Smith's _Works_ 164
61. Political principles of the Puritan leaders (distrust of
democracy): illustrated by extracts from Calvin's _Institutes_ 164
62. Early hardships and religious tendencies:
_a._ From Winthrop's _History of New England_, 1630-1631 168
_b._ From Winthrop's letters to his wife; _Life and Letters_ 171
_c._ From Thomas Dudley's letter to the Countess of Lincoln
(1631); from Young's _Chronicles of Massachusetts_ 174
XIII. Development of Democracy
63. Oligarchic usurpations in 1630-1631; from the _Colonial
Records_ 178
64. The "Watertown Protest" against taxation without representation
(the first popular movement), in 1632, and the consequent
resumption by the democracy of some of their
rights; from Winthrop's _History of New England_ 180
65. Sample legislation under aristocratic rule, 1630-1633; from the
_Colonial Records_ 183
66. The beginning of town government, at Dorchester; from the
_Dorchester Records_ 188
67. The development of representative government:
_a._ Winthrop's account; from his _History of New England_ 189
_b._ The official records of the revolutionary General Court
of 1634; from the _Colonial Records_ 191
68. Political reaction: the magistrates demand a "negative voice";
from Winthrop's _History of New England_ 194
69. The Puritan government denies free speech in political matters;
_ib._ 195
70. The adoption of the ballot in elections in the General Court;
_ib._ 196
71. The first use of the ballot in local elections; _ib._ 197
72. A military commission with power of martial law; from the
_Colonial Records_ 198
73. Winthrop's account of various political actions: a "Life
Council"; extension of the ballot by the use of proxies;
restriction of "churches" to the organizations recognized by the
government; from Winthrop's _History of New England_ 199
74. The Wheelwright controversy, with special reference to
political phases; _ib._ 199
75. Political and social conditions in Massachusetts in 1636:
_a._ "Proposals" of Lords Say and Brooke, with the
answers of John Cotton; from the Appendix to
Hutchinson's _History of Massachusetts Bay_ 201
_b._ Legislation of 1651 regarding dress of different classes;
from the _Colonial Records_ 205
76. Attack upon the charter:
_a._ An order in Council in England for its surrender;
from Hutchinson's _Original Papers_ 206
_b._ The defiant refusal of the Colony; from Winthrop's
_History of New England_ 207
77. Democratic discontent with aristocratic privilege in 1639
(Winthrop's denial of the right of petition; the abolition of Life
Council; delay in conceding a written code); _ib._ 210
78. The "Body of Liberties"; from Whitmore's _Bibliographical
Sketch of the Laws of Massachusetts Colony_ 214
79. A Puritan view of the rules of fair trade (Cotton's sermon
upon the conviction of a shopkeeper for exacting exorbitant
profits); from Winthrop's _History of New England_ 225
80. The separation of the General Court into two Houses (the first
two-chambered legislature in America); the story from
Winthrop's _History of New England_, and the preamble of
the act of 1644 from the _Colonial Records_ 226
81. A town code of school laws (1645); from the _Dorchester
Records_ 230
82. Colonial school laws (1642 and 1647); from the _Colonial
Records_ 233
83. Representative town records (_Watertown Records_, 1634-1678) 236
XIV. Massachusetts and Religious Persecution
84. Puritan arguments for and against persecution:
_a._ From Nathaniel Ward's _Simple Cobbler of Aggawamm_
(1647) 246
_b._ From Captain Edward Johnson's _Wonder-working
Providence of Sions Saviour in New England_
(1654) 248
_c._ The discussion between Saltonstall and Cotton (about
1650); from Hutchinson's _Original Papers_ 249
85. Criticism of the Massachusetts way, by a moderate Episcopalian
and royalist (Lechford's _Plaine Dealing_; 1641) 252
86. A Presbyterian demand for the franchise in 1646 (the letter of
Dr. Robert Child and others to the Governor and
General Court); from Hutchinson's _Original Papers_ 255
87. Trial and punishment of nonconformists for not attending approved
churches; from the _Colonial Records_ 259
88. Quaker Persecutions:
_a._ Edward Burrough's appeal to King Charles (1660);
from Burrough's _Sad and Great Persecution and
Martyrdom of Quakers in New England_ 260
_b._ Trial of the Quaker, Wenlock Christison (1661);
from Besse's _Collection of the Sufferings of the
People called Quakers_ 263
XV. Rhode Island to 1660
89. The first covenant at Providence (1636): a compact in "_civil_
things only"; from the _Early Records of the Town of
Providence_ 267
90. Roger Williams' argument that religious freedom is consonant
with civil order (the ship illustration); from Arnold's _History
of Rhode Island_ 268
91. The Patent for Providence Plantation from the Council of the
Long Parliament (1644), restricting the government to _civil_
matters; from the _Rhode Island Colonial Records_ 269
92. Rhode Island's answer to the demand of Massachusetts (a refusal
to exclude Quakers); from the Appendix to Hutchinson's
_Massachusetts Bay_ 270
XVI. Connecticut before 1660
93. The Fundamental Orders of 1639; from the _Connecticut Colonial
Records_ 273
XVII. The New England Confederation
94. The constitution (Articles of Confederation); from the _New
Haven Colonial Records_ 280
95. The demand of Massachusetts for more weight in the union,
with the answer of the Congress of the Confederation;
from the _Plymouth Colony Records_ 285
96. Nullification by Massachusetts, with the protest of the
Congress of the Confederation; _ib._ 287
C. COLONIAL AMERICA
XVIII. Liberal Charters
97. The Connecticut charter of 1662; from the _Connecticut Colonial
Records_ 290
98. The Rhode Island charter of 1663 (parts referring especially
to religious liberty); from the _Rhode Island Colonial
Records_ 293
XIX. An English Colonial System
99. Royal instructions for the "Councill appointed for Forraigne
Plantations" (1660); from O'Callaghan's _Documents relative
to the Colonial History of New York_ 298
100. The English commercial policy:
_a._ The "first" Navigation Act (1660), regarding shipping
and "enumerated" colonial exports, with
note from the Act of 1662 explaining that "English"
ships include colonial; from _Statutes of the
Realm_ 300
_b._ The Navigation Act of 1663 (regarding colonial imports);
_ib._ 301
_c._ The Sugar Act of 1733; _ib._ 303
101. The Duke of York's charter for New York (1664); from
O'Callaghan's _Documents relative to Colonial History of
New York_ 305
102. Penn's grant of Pennsylvania (1680); from the _Charters and
Laws of Pennsylvania_ 307
103. Penn's grants to the Pennsylvanians:
_a._ "Laws agreed upon in England" (1683); from
Hazard's _Annals of Pennsylvania_ 311
_b._ The "Charter of Privileges" of 1701; from _Votes
and Proceedings of the House of Representatives
of Pennsylvania_ 314
104. Berkeley's Report on Virginia in 1671; from Hening's
_Statutes_ 319
105. The franchise in Virginia restricted (the Act of 1670); _ib._ 324
106. "Bacon's Laws" (the legislation of the revolutionary Assembly
of 1676); _ib._ 325
107. The proclamation of July, 1676, by Nathaniel Bacon, "Generall
by Consent of the People"; from the _Massachusetts
Historical Society Collections_ 328
108. Testimony by various county courts showing that democratic
political discontent was a chief cause of Bacon's Rebellion;
from the _Virginia Magazine of History_ 329
109. The abolition of Bacon's reforms:
_a._ The royal order; from Hening's _Statutes at Large_ 330
_b._ The repeal of "Bacon's Laws" by the Assembly of
1677; _ib._ 331
110. Self-government in Massachusetts restricted:
_a._ Randolph's report to the Lords of Trade; from
Hutchinson's _Original Papers_ 331
_b._ The Massachusetts charter of 1691; from _Acts and
Resolves of the Province of Massachusetts Bay_ 333
111. Attempts by England at closer control:
_a._ Recommendation of the Board of Trade (1701) that
all charter colonies be transformed into royal provinces
by act of parliament; from the _North Carolina
Colonial Records_ 339
_b._ The feeling of the colonists (extracts from a pamphlet
by John Wise, minister of Ipswich) 342
_c._ The action of a Boston town meeting relative to a
proposed permanent salary for the colonial Governor;
from the _Boston Town Records_ 343
_d._ Connecticut's refusal to obey a royal officer commissioned
to command her militia (a private letter of
Governor Fletcher, describing his repulse); from
the _New York Colonial Documents_ 347
112. The commission of a royal governor (from George III to Benning
Wentworth); from the _New Hampshire Provincial
Papers_ 349
113. Freedom of speech vindicated: the trial of John Peter Zenger
for criticising the governor of New York; from Zenger's
_Brief Narrative of the Case and Tryall_ 352
114. Franklin's "Albany Plan" for the union of the colonies under
the crown:
_a._ An account of the motives for the proposal; from
_Franklin's Works_ 358
_b._ The document; from _New York Colonial Documents_ 359
XX. Harsh Phases of Colonial Life
115. Legal punishments in Virginia: "pillory and ducking stoole"
in 1662-1748; from Hening's _Statutes at Large_ 364
116. White "servants" (indentured and others) in 1774; from
Eddes' _Letters from America_ 364
117. Advertisements for runaway servants; newspaper extracts for
the years 1770-1771, from the _New Jersey Archives_ 366
D. THE REVOLUTION
XXI. Preliminary Period--to 1774
118. The Sugar Act of 1764; from the _Statutes of the Realm_ 369
119. The Stamp Act of 1765; _ib._ 373
120. Reception of the Stamp Act in America:
_a._ Patrick Henry's Resolutions; from the _Journals of
the House of Burgesses of Virginia_ 374
_b._ A Virginia County Association against the Act; _ib._ 375
_c._ The stamp distributor for Virginia persuaded to resign
(the letter from Governor Fauquier to the
Lords of Trade); _ib._ 377
_d._ Threat of violence against any who should use
stamped paper; a notice in the _New York Gazette_
of February 27, 1766; reproduced in the _New Jersey
Archives_ 380
121. Origin of the Virginia non-importation agreement:
_a._ Protest of the Burgesses against the proposal of the
English government to send Americans to England
for trial (May 16, 1769); from the _Journals of the
House of Burgesses_ 380
b. The "association" of the ex-Burgesses (May 18,
1769); _ib._ 383
122. The origin of the Massachusetts town-committees of
correspondence; from the _Boston Town Records_ 387
123. The creation of Intercolonial Committees of Correspondence:
a. Jefferson's later account; from _Jefferson's Writings_ 390
b. The action of the Virginia House of Burgesses; from
the _Journals_ 391
c. Letters from other colonies received by the Virginia
Committee, approving the recommendation; _ib._ 392
124. Intimidation of the owners of tea ships (a Philadelphia
handbill by "The Committee for Tarring and Feathering");
from Scharf and Westcott's _History of Philadelphia_ 394
XXII. The Rise of Revolutionary Governments
125. The Virginia Burgesses suggest an annual Congress (1774):
_a._ Extract from a letter by a member of the Assembly;
from Force's _American Archives_ 396
_b._ Jefferson's account of the plan for declaring a day of
prayer and fasting, on receipt by the Burgesses of
the news of the Boston Port Bill; from _Jefferson's
Works_ 397
c. Resolution of the Burgesses appointing June 1, 1774,
a day of prayer and fasting; from the _Journals_ 398
_d._ The consequent dissolution of the Assembly by the
Governor; _ib._ 399
_e._ The ex-Burgesses suggest an annual Continental Congress;
_ib._ 399
_f._ Letters from the Virginia Committee of Correspondence
to the other colonies, conveying Virginia's
suggestion for an annual Congress; _ib._ 401
_g._ The answer of Rhode Island to Virginia, with the
appointment of delegates to the proposed Congress;
_ib._ 403
126. A "call" for the Continental Congress from the Massachusetts
Assembly (June 17) 405
127. A Virginia county (Frederick) suggests a Continental Congress
and a "General Association" of the colonies (June
8); from Force's _American Archives_ 406
128. Virginia issues the first call for a provincial convention (to
elect delegates to the Continental Congress); _ib._:
_a._ Suggestion from the ex-Burgesses, May 30, 1774 407
_b._ Sample notice of the call by an ex-Burgess to his
county (a letter from Thomas Mason of June 16) 408
_c._ Typical call (June 27) by a county committee for a
county meeting (Norfolk) to instruct delegates to
the coming provincial convention 409
129. Typical Instructions by Virginia county meetings:
_a._ Westmoreland County 410
_b._ George Washington's county (Fairfax) 412
_c._ Nansemond County 416
_d._ York County 417
_e._ Middlesex County (disapproval of the Boston Tea
Party) 417
130. The First Continental Congress:
_a._ The decision upon how the colonies should vote;
from John Adams' "Diary" in his _Works_ 418
_b._ Adams' impressions of the meeting at its close; _ib._ 420
_c._ The Declaration of Rights; from Ford's _Journals of
the Continental Congress_ 421
_d._ The Act of Association; _ib._ 427
131. Typical resolutions by a Virginia county (Prince William)
approving the Association of the Continental Congress;
from Force's _American Archives_ 432
132. Virginia county conventions become de facto governments
(typical action by Fairfax County, organizing a Revolutionary
militia January 17, 1775); _ib._ 433
133. The Virginia Provincial Convention becomes a government:
_a._ Cumberland County instructs delegates for preparation
for war; _ib._ 435
_b._ The Second Virginia Convention arms and taxes the
colony; _ib._ 436
_c._ The Third Convention (June, 1775) assumes the
forms of a government; from _Virginia Calendar
of State Papers_ 442
XXIII. Independence
134. Charlotte County, Virginia, instructs delegates (April 23,
1776) to the coming Fourth Virginia Convention to favor
independence and an independent State constitution;
Force's _American Archives_ 443
135. The Virginia Convention, May 15, instructs for independence
and adopts resolutions for a bill of rights and a constitution;
_ib._ 445
136. The Virginia Bill of Rights; from Poore's _Charters and
Constitutions_ 446
137. Virginia's Declaration of Independence, June 29, 1776; from
_Jefferson's Writings_ 450
138. Revolutionary State Governments:
_a._ The recommendation of Congress of May 15, 1776;
from Ford's _Journals of Congress_ 452
_b._ John Adams' comment; from _John Adams' Letters
to Abigail Adams_ 453
139. The Maryland Convention instructs its delegates in Congress
against independence; from _Proceedings of the Conventions
of Maryland_ 454
140. Lee's motion for Independence in Congress; from Ford's
_Journals_ 458
141. The Declaration of Independence of July 4, 1776; from Ford's
_Journals of Congress_ 459
142. Anti-social tendencies of pre-Revolutionary measures:
_a._ The effect of closing the courts (Adams' account of his
welcome by his horse-jockey client); from _John
Adams' Works_ 463
_b._ A Tory's protest against mob violence, in a parody
on Hamlet's soliloquy; from Moore's _Diary of the
American Revolution_ 464
_c._ Correspondence between a Tory and a Committee,
showing how the Tory was induced to sign
a recantation; from Niles' _Principles and Acts of
the Revolution_ 464
143. An oath of allegiance to a new State (Pennsylvania): a
facsimile, from Scharf and Westcott's _History of Philadelphia_ 466
144. A Loyalist's pretended "diary" of the year 1789 (written
in 1778), to show the danger of French conquest; from
Tyler's _Literary History of the American Revolution_ 467
145. A statement of how the Revolution set free social forces; from
David Ramsey's _History of the American Revolution_ 468
E. CONFEDERATION AND CONSTITUTION
XXIV. The Articles of Confederation
146. Debates in the Congress on the Articles; from _John Adams'
Works_ 470
147. The Articles; from the _Revised Statutes of the United
States_ 475
XXV. The National Domain
148. The desire for Statehood in the West, and Western
self-confidence; a statement by a convention of the proposed State
of Frankland 485
149. Organization of the Western Territory by Congress:
_a._ The Ordinance of 1784; from the _Journals of Congress_ 486
_b._ The Northwest Ordinance (1787); _ib._ 488
XXVI. Drifting toward Anarchy
150. Gouverneur Morris to John Jay, on the prospect of a military
dictator; from Sparks' _Life and Works of Gouverneur
Morris_ 497
151. Shays' Rebellion:
_a._ A statement of grievances by Hampshire County;
from Minot's _History of the Insurrection in Massachusetts_
497
_b._ Washington's alarm; letters to Henry Lee and to
Madison; from _Washington's Writings_ 500
152. A shrewd foreigner's view of the social conflict over the
adoption of a new Constitution (Otto's letter to Vergennes, on
the failure of the Annapolis Convention); from the Appendix
to Bancroft's _History of the Constitution_ 502
XXVII. Making the Constitution
153. The call issued by the Annapolis Convention for a Federal
Convention; from the _Documentary History of the Constitution_
506
154. Typical credentials of delegates to the Federal Convention
(the Georgia credentials); from _Farrand's Records of the Federal
Convention_ 510
155. George Mason's account of the preliminaries at Philadelphia
(a letter to George Mason, Jr., May 20, 1787); _ib._ 512
156. The "Virginia Plan"; _ib._ 514
157. George Mason on aristocratic and democratic forces in the
Convention at its opening (letter to George Mason, Jr.,
June 1); _ib._ 517
158. The "New Jersey Plan"; _ib._ 518
159. Hamilton's plan; from _Hamilton's Works_ 521
160. Character sketches of men of the Convention, by William
Pierce, a delegate from Georgia; from Farrand's _Records
of the Federal Convention_ 522
161. One day in the Convention,--the critical day's debate on the
Connecticut Compromise; _ib._ 532
XXVIII. Ratifying the Constitution
162. George Mason's objections to the Constitution; from Kate
Mason Rowland's _Life of George Mason_ 543
163. Mason's explanation of the preparation of his "Objections";
from Farrand's _Records of the Federal Convention_ 546
164. A Federalist account of how John Hancock was induced finally
to support the Constitution in the Massachusetts ratifying
convention; by Stephen Higginson, in _Writings of Laco_ 547
165. The Federal Constitution 551
INDEX OF SOURCES. 576
SUBJECT INDEX. 580
A SOURCE BOOK IN AMERICAN
HISTORY
FOOTNOTES:
[1] Allyn and Bacon. 1913.
[2] Bradford's _Plymouth Plantation_, the main source for this topic,
is quoted so extensively in the _American History and Government_ that
it is not used here in this connection.
I. ENGLAND IN THE SIXTEENTH CENTURY
1. Classes of Englishmen
William Harrison, in Holinshed's _Chronicle_ (1577). Cf. No. 75 on like
social divisions in early New England; and see _American History and
Government_, # 65.
We in England divide our people commonlie into foure sorts, as
gentlemen, citizens or burgesses, yeomen, ... or [and] laborers.
Of gentlemen the first and cheefe (next the king) be the prince,
dukes, marquesses, earls, viscounts, and barons: and these are called
gentlemen of the greater sort, or (as our common usage of speech is)
lords and noblemen: and next unto them be knights, esquiers, and last
of all they that are simplie called gentlemen, ... Who soever studieth
the lawes of the realme, who so abideth in the universitie giving his
mind to his booke, or professeth physicke and the liberall sciences, or
beside his service in the roome of a capteine in the warres, or good
counsell given at home, whereby his commonwealth is benefited, can live
without manuell labour, and thereto is able and will beare the port,
charge, and countenance of a gentleman, he shall for monie have a cote
and armes bestowed upon him by heralds (who in the charter of the same
doo of custome pretend antiquitie and service, and manie gaie things)
and, thereunto being made so good cheape, be called master, which is
the title that men give to esquiers and gentlemen, and reputed for a
gentleman ever after....
... our merchants [are] to be installed, as amongst the citizens
(although they often change estate with gentlemen, as gentlemen doo
with them, by a mutuall conversion of the one into the other)....
Yeomen are ... free men, borne English, and [who] may dispend of their
owne free land in yearelie revenue, to the summe of fortie shillings
sterling, or six pounds as monie goeth in our times. ... This sort of
people have a certeine preheminence, and more estimation than labourers
and the common sort of artificers, and commonlie live wealthilie, keepe
good houses, and travell to get riches. They are also for the most
part farmers to gentlemen ... or at the leastwise artificers, and with
grasing, frequenting of markets, and keeping of servants (not idle
servants as the gentlemen doo, but such as get both their owne and part
of their master's living) do come to great welth, in somuch that manie
of them are able and doo buie the lands of unthriftie gentlemen, and
often setting their sonnes to the schooles, to the universities, and
to the Ins of the court, or otherwise leaving them sufficient lands
whereupon they may live without labour, doo make them by those means to
become gentlemen. _These were they that in times past made all France
afraid. ..._
The fourth and last sort of people in England are daie labourers, poore
husbandmen, and some retailers (which have no free land) copie holders,
and all artificers,--as tailers, shomakers, carpenters, brickmakers,
masons, etc. As for slaves and bondmen we have none, naie such is the
privilege of our countrie by the especiall grace of God, and bountie
of our princes, that if anie come hither from other realms, so soone
as they set foot on land they become so free of condition as their
masters. ... This fourth and last sort of people therefore have neither
voice nor authoritie in the common wealth, but are to be ruled, and not
to rule other; yet they are not altogither neglected, for in cities
and corporat townes, for default of yeomen they are faine to make up
their inquests [juries] of such maner of people. And in villages they
are commonlie made churchwardens, sidemen, aleconners, now and then
constables, and manie times injoie the name of hedboroughes. Unto
this sort also may our great swarmes of idle serving men be referred,
of whome there runneth a proverbe; 'Young serving men, old beggers,'
bicause service is none heritage....
A. SOUTHERN COLONIES TO 1660
II. MOTIVES FOR EARLY ENGLISH COLONIZATION
2. From Sir George Peckham's "True Report"
Richard Hakluyt's _Voyages ... and Discoveries_ (1589), III, 167 ff.
Peckham was a partner in Gilbert's enterprise. His _Report_, a
considerable pamphlet, was written in 1582.
... To conclude, since by Christian dutie we stand bound chiefly to
further all such acts as do tend to the encreasing the true flock
of Christ by reducing into the right way those lost sheepe which
are yet astray: And that we shall therein follow the example of our
right vertuous predecessors of renowned memorie, and leave unto our
posteritie a divine memoriall of so godly an enterprise: Let us, I say,
for the considerations alledged, enter into judgement with our selves,
whether this action may belong to us or no. ... Then shal her Majesties
dominions be enlarged, her highnesse ancient titles justly confirmed,
all odious idlenesse from this our Realme utterly banished, divers
decayed townes repaired, and many poor and needy persons relieved, and
estates of such as now live in want shail be embettered, the ignorant
and barbarous idolaters taught to know Christ, the innocent defended
from their bloodie tyrannical neighbours, the diabolicall custome of
sacrificing humane creatures abolished....
3. A Discourse on Western Planting by Richard Hakluyt, 1584
_Maine Historical Society Collections_, Second Series, II (1877).
This pamphlet was written by Hakluyt, an English clergyman and an
ardent advocate of American colonization, at Raleigh's request, to
influence Queen Elizabeth. It fills 107 pages of the volume of the
Maine collections.
CHAPTER I. _That this Westerne discoverie will be greately for
thinlargemente of the gospell of Christe, whereunto the princes of the
Refourmed Relligion are chefely bounde, amongeste whome her Majestie ys
principall._
* * * * *
Nowe the meanes to sende suche as shall labour effectually in this
busines ys, by plantinge one or tuoo colonies of our nation upon
that fyrme, where they may remaine in safetie, and firste learne the
language of the people nere adjoyninge (the gifte of tongues beinge
nowe taken awaye), and by little and little acquainte themselves with
their manner, and so with discretion and myldeness distill into their
purged myndes the swete and lively liquor of the gospel. Otherwise for
preachers to come unto them rashly with oute some suche preparation for
their safetie, yt were nothinge els but to ronne to their apparaunte
and certaine destruction, as yt happened unto those Spanishe ffryers,
that, before any plantinge, withoute strengthe and company, landed in
Fflorida, where they were miserablye massacred by the savages.
* * * * *
Now yf they [Romanists], in their superstition, by means of their
plantinge in those partes, have don so greate thinges in so shorte
space, what may wee hope for in our true and syncere relligion,
_proposinge unto ourselves in this action not filthie lucre nor vaine
ostentation, as they in deede did_, but principally the gayninge of the
soules of millions of those wretched people, the reducinge of them from
darkenes to lighte, from falsehoodde to truthe, from dombe idolls to
the lyvinge God, from the depe pitt of hell to the highest heavens.
* * * * *
And this enterprise the princes of the relligion (amonge whome her
Majestie ys principall) oughte the rather to take in hande, because the
papistes confirme themselves and drawe other to theire side, shewinge
that they are the true Catholicke churche because they have bene the
onely converters of many millions of infidells to Christianttie. Yea, I
myselfe have bene demannded of them, how many infidells have been by us
converted? ... Yet in very deede I was not able to name any one infidell
by them converted. But God, quoth I, hath his tyme for all men, whoe
calleth some at the nynthe, and some at the eleventh houer. And if it
please him to move the harte of her Majestie to put her helpinge hande
to this godly action, she shall finde as willinge subjectes of all
sortes as any other prince in all Christendome.
* * * * *
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
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