Chapter V: Appendix: To render a more particular satisfaction and account (2)

XI.--AND the said Council and Treasurer, or any of them, shall be from henceforth, nominated, chosen, continued, displaced, changed, altered, and supplied, as Death, or other several Occasions, shall require, out of the Company of the said Adventurers, by the Voice of the greater Part of the said Company and Adventurers, in their Assembly for that Purpose: PROVIDED always, That every Counsellor, so newly elected, shall be presented to the Lord Chancellor of _England_, or to the Lord High Treasurer of _England_, or to the Lord Chamberlain of the Household of Us, our Heirs, and Successors, for the time being, to take his Oath of a Counsellor to Us, our Heirs, and Successors, for the said Company of Adventurers and Colony in _Virginia_.

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

XIII.--AND further ... we do, by these Presents, GIVE and GRANT full Power and Authority to our said Council, here resident, as well at this present Time, as hereafter from time to time, to nominate, make, constitute, ordain, and confirm, by such Name or Names, Stile or Stiles, as to them shall seem good, And likewise to revoke, discharge, change, and alter, as well all and singular Governors, Officers, and Ministers, which already have been made, as also which hereafter shall be by them thought fit and needful to be made or used, for the Government of the said Colony and Plantation:[8]

XIV.--AND also to make, ordain, and establish all Manner of Orders, Laws, Directions, Instructions, Forms, and Ceremonies of Government and Magistracy, fit and necessary, for and concerning the Government of the said Colony and Plantation; And the same, at all times hereafter, to abrogate, revoke, or change, not only within the Precincts of the said Colony, but also upon the Seas in going and coming to and from the said Colony, as they, in their good Discretion, shall think to be fittest for the Good of the Adventurers and Inhabitants there.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

VII.--AND We do hereby ORDAIN and GRANT, by these Presents, that the said Treasurer and Company of Adventurers and Planters aforesaid, shall and may, once every Week, or oftener, at their Pleasure, hold and keep a Court and Assembly, for the better Order and Government of the said Plantation, and such things, as shall concern the same; And that any five Persons of our Council for the said first Colony in _Virginia_, for the time being, of which Company the Treasurer, or his Deputy, to be always one, and the Number of fifteen others, at the least, of the Generality of the said Company, assembled together in such Manner as is and hath been heretofore used and accustomed, shall be said, taken, held, and reputed to be, and shall be a _sufficient Court_ of the said Company, for the handling, and ordering, and dispathcing [dispatching] of all such casual and particular Occurrences, and accidental Matters, of less Consequence and Weight, as shall, from time to time, happen, touching and concerning the said Plantation:

VIII.--AND that nevertheless, for the handling, ordering, and disposing of Matters and Affairs of greater Weight and Importance, and such, as shall or may, in any Sort, concern the Weal Publick and General Good of the said Company and Plantation, as namely, the Manner of Government from time to time to be used, the Ordering and disposing of the Lands and Possessions, and the Settling and Establishing of a Trade there, or such like, there shall be held and kept, every Year, upon the last _Wednesday_, save one, of _Hillary_ Term, _Easter_, _Trinity_, and _Michaelmas_ Terms, for ever, one great, general, and solemn Assembly, which four Assemblies shall be stiled and called, _The four Great and General Courts of the Council and Company of Adventurers for Virginia_; In all and every of which said Great and General Courts, so assembled ... the said Treasurer and Company, or the greater Number of them, so assembled, shall and may have full Power and Authority, from time to time, and at all times hereafter, to elect and chuse discreet Persons, to be of our said Council for the said first Colony in _Virginia_, and to nominate and appoint such officers, as they shall think fit and requisite for the Government, Managing, Ordering, and Dispatching of the Affairs of the said Company; And shall likewise have full Power and Authority, to ordain and make such Laws and Ordinances, for the Good and Welfare of the said Plantation, as to them, from time to time, shall be thought requisite and meet: _So always_, as the same be not contrary to the Laws and Statutes of this our Realm of _England_....

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

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

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

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

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

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

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

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

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

22. Danger from Spanish Attack (1607-1614)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

FOOTNOTES:

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

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

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

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

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

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

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

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

23. From the Rules of the Virginia Company in London

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

_For James citty_
Captaine William Powell,
Ensigne William Spense.

_For Charles citty_
Samuel Sharpe,
Samuel Jordan.

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

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

_For Martins hundred_
Mr. John Boys,
John Jackson.

_For the citty of Henricus_
Thomas Dawse,
John Polentine.

_For Kiccowatan_
Captaine William Tucker,
William Capp.

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

_For Flowerdieu hundred_
Ensigne Rossingham,
Mr. Jefferson.

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

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

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

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

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

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

* * * * *

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

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

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

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

* * * * *

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

* * * * *

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

* * * * *

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

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

* * * * *

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

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

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

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

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

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

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

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

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

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

_Here ende the lawes._

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

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

* * * * *

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

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

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

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

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

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

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

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

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

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

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

[After enumerating recent grants]

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

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

_a. Ships._

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

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