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 inOld Virginia, I, 31, regarding this charter.
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 inOld Virginia, I, 31, regarding this charter.
This charter was first printed by Stith in hisHistory 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, seeAmerican History and Government, § 22, and references for the same.
This charter was first printed by Stith in hisHistory 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, seeAmerican History and Government, § 22, and references for the same.
I.—James, by the grace of God, King of England, Scotland ... etc.Whereasour loving and well-disposed Subjects, SirThomas Gates, and SirGeorge Somers, Knights,Richard Hackluit, Clerk, Prebendary ofWestminster, andEdward-Maria Wingfield,Thomas Hanham, andRalegh Gilbert, Esqrs.,William Parker, andGeorge 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 ofAmerica, commonly calledVirginia, ... situate, lying, and being all along the Sea Coasts, between four and thirty Degrees ofNortherlyLatitude from the Equinoctial Line, and five and forty Degrees of the same Latitude,...
II.—Andto 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 ofLondonandelsewhere, ... 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 ofVirginiaand Coasts ofAmericaaforesaid; And the other consisting of sundry Knights, Gentlemen, Merchants, and other Adventurers, of our Cities ofBristolandExeter, and of our Town ofPlimouth, 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 ofChristianReligion 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.—Anddo therefore, for Us, our Heirs, and Successors, GRANT and agree, that the said SirThomas Gates, SirGeorge Somers,Richard Hackluit, andEdward-Maria Wingfield, Adventurers of and for our City ofLondon, and all such others, as are, or shall be, joined unto them of that Colony, shall be called thefirst Colony; And they shall and may begin their said first Plantation and Habitation, at any Place upon the said Coast ofVirginiaorAmerica, 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 ofEnglishStatute Measure, all along the said Coast ofVirginiaandAmerica, towards theWestandSouthwest, as the Coast lyeth, with allthe 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 likeEnglishMiles, ... towards theEastandNortheast, or towards theNorth, 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 likeEnglishMiles; 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.—Andwe do likewise, for Us, our Heirs, and Successors, by these Presents,Grantand agree, that the saidThomas Hanham, andRalegh Gilbert,William Parker, andGeorge Popham, and all others of the Town ofPlimouthin the County ofDevon, or elsewhere, which are, or shall be, joined unto them of that Colony, shall be called thesecond 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 ofVirginiaandAmerica, 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.—Providedalways ... 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.—Andwe 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 andCauses, 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 ofEngland; 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.—Andthat also there shall be a Council established here inEngland, 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 ourCouncil 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.—Andwe do likewise, for Us, our Heirs, and Successors, by these Presents, give full Power and Authority to the said SirThomas Gates, SirGeorge Somers,Richard Hackluit,Edward-Maria Wingfield,Thomas Hanham,Ralegh Gilbert,William Parker, andGeorge 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; ...Providedalways 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 grantLicence unto the said SirThomas Gates, SirGeorge Somers,Richard Hackluit,Edward-Maria Wingfield,Thomas Hanham,Ralegh Gilbert,William Parker, andGeorge 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,—2½ 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.]
XIII.—[A peculiarly obscure section, which provides that the governing bodies in the colonies may collect tariffs on imported goods,—2½ 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.Andwe do further, by these Presents, for Us, our Heirs, and Successors,Give and grantunto the said SirThomas Gates, SirGeorge Somers,Richard Hackluit, andEdward-Maria Wingfield, and to their Associates of the said first Colony and Plantation, and to the saidThomas Hanham,Ralegh Gilbert,William Parker, andGeorge 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 ofEnglandandIreland, and all other ourDominions, 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.—Alsowe 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, shallHAVEand 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 ofEngland, 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 orVessel 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 Holdenof Us, our Heirs, and Successors, as of our Manor atEast-Greenwichin the County ofKent, in free and common Soccage only, and not in Capite."]
[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 Holdenof Us, our Heirs, and Successors, as of our Manor atEast-Greenwichin the County ofKent, in free and common Soccage only, and not in Capite."]
Hening'sStatutes(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.
Hening'sStatutes(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 councelor 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 collonieswhich 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 spaceof 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....
Printed first in Neill'sVirginia Company(1869) from the manuscript records of the Company at Washington. Reprinted in full in Brown'sGenesis, I, 79 ff. About a third of the paper is given here.
Printed first in Neill'sVirginia Company(1869) from the manuscript records of the Company at Washington. Reprinted in full in Brown'sGenesis, 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 safeport 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 ofyour 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.
"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).
"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.
From an account written probably by Captain Todkill, a rough soldier, and published in Smith'sWorks(Birmingham edition), 439.
From an account written probably by Captain Todkill, a rough soldier, and published in Smith'sWorks(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 dounetrees, 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.
The text is printed in Stith'sHistory of Virginia; cf. introduction to No. 16.
The text is printed in Stith'sHistory 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 oftheir 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 ofLondonbut 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, andConfirm, to our trusty and well-beloved Subjects,Robert, Earl ofSalisbury[7]...;Andto 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;Thatthey 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 beKNOWN,CALLED, andINCORPORATEDby the Name of,The Treasurer and Company of Adventurers and Planters of the City of London for the first Colony in Virginia:
IV.—Andthat they, and their Successors, shall be, from henceforth, for ever enabled toTAKE,ACQUIRE, andPURCHASE, 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 ofEnglandand Dominion ofWales:
V.—Andthat they, and their Successors, shall likewise be enabled, by the Name aforesaid, toPLEAD, andBE IMPLEADED, before any of our Judges or Justices, in any of our Courts, and in any Actions or Suits whatsoever.
VI.—Andwe do also ...GIVE,GRANTandCONFIRM, 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 ofAmericacalledVirginia, from the Point of Land, called Cape orPoint Comfort, all along the Sea Coast, to theNorthwardtwo hundred Miles, and from the said Point ofCape Comfort, all along the Sea Coast, to theSouthwardtwo 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.—Andforasmuch, 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 oneCouncilhere resident, according to the Tenour of our former Letters-patents; Which Councilshall 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.—Andthe said SirThomas Smithwe 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.—Andthe 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:Providedalways, That every Counsellor, so newly elected, shall be presented to the Lord Chancellor ofEngland, or to the Lord High Treasurer ofEngland, 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 inVirginia.
XII.—[Provision for a Deputy Treasurer.]
XIII.—Andfurther ... we do, by these Presents,GiveandGrantfull 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.—Andalso 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.—Andwe do further, by these Presents,Ordainand 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.—Andforasmuch, as it shall be necessary for all such our loving Subjects as shall inhabit within the said Precincts ofVirginia, 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... doGIVEandGRANTunto 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 ofVirginia, 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 ofEngland.
XXIV.—Andwe do further ...GRANT,DECLARE, andORDAIN, 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 ofEngland, 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.—Andfurther 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.—Andlastly, 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 ofRome; We do herebyDECLARE, 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:—
[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 thosePlantersthat goe in their persons to dwell there, and thoseAdventurersthat 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."]