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.]
Act XI.—Mynisters shall not give themselves to excesse in drinkinge, or riott, spendinge theire tyme idellye by day or night, playinge at dice, cards, or any other unlawfull game; but at all tymes convenient they shall heare or reade somewhat of the holy scriptures, or shall occupie themselves with some other honest study or exercise, alwayes doinge the thinges which shall apperteyne to honesty, and endeavour to profitt the church of God, alwayes haveinge in mynd that they ought to excell all others in puritie of life, and should be examples to the people to live well and christianlie.
(4) [March, 1643.]
Act XXXV.—Be it also enacted and confirmed, for the better observation of the Sabbath, that no person or persons shall take a voyage[22] upon the same, except it be to church, or for other cause of extreme necessitie, upon the penalty of the forfeiture for such offense of twenty pounds of tobacco, being justly convicted for the same.
(5) [October, 1644.]
Act VIII.—Noe debts made for wines or strong waters shall be pleadable or recoverable in any court of justice.[23]