Chapter VI: Appendix: To render a more particular satisfaction and account (3)

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

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

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

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

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

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

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

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

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

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

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

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

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

_b. Commodities._

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

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

Cordage....

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

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

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

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

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

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

_c. Gifts._[15]

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

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

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

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

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

27. The Ordinance of 1621 for Virginia

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

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

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

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

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

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

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

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

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

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

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

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

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

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

* * * * *

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

* * * * *

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

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

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

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

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

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

* * * * *

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

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

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

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

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

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

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

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

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

* * * * *

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

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

FOOTNOTES:

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

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

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

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

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

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

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

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

V. A ROYAL PROVINCE

(_Representative Government in Danger_)

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

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

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

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

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

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

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

31. The Colony favors the Policy of the Company

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

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

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

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

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

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

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

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

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

Right Honorable,--....

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

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

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

Your Lordshipps very humble Servants,

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

James Cittie the 6th. of Aprill, 1626.

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

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

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

32. Royal Restoration of the Virginia Assembly, 1629

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

_Virginia Magazine of History_, VII, 369.

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

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

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

_Virginia Magazine of History_, VII, 370.

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

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

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

_Virginia Magazine of History_, II, 281 ff.

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

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

* * * * *

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

* * * * *

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

Hening's _Statutes at Large_ (1823).

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

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

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

(2) [_October, 1629._]

Act VI.--It is further concluded and ordered that every master of a family, and every freeman that is to pay five pounds of tobacco per pol as aforesaid for the defraying of publique charges, shall bring the same unto the Houses of the Burgesses of the plantations within two dayes after notice thereof given unto them. And if any shall faile to bring in the same, it is thought fitt that by virtue of this order the said Burgesses shall have power to levy the same by distresse, upon the goods of the delinquents, and to make sale of the said goods, and to detaine such tobacco which shall be due by this order, and for their ffees in making this distresse, restoring to the owner of the said goods the residue and remainder. And if the Burgesses shall make neglecte herein they shall be fined by the governour and Council.

(3) [_February, 1631/2._]