Chapter IV: Appendix: To render a more particular satisfaction and account (1)

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.