The charter claimed for England all the North American continent between the thirty-fourth and forty-fifth degrees north latitude, but gave to each company only a tract fronting one hundred miles on the sea and extending one hundred miles inland. The London Company was authorized to locate a plantation called the First Colony in some fit and convenient place between thirty-four and forty-one degrees, and the Plymouth Company a Second Colony somewhere between thirty-eight and forty-five degrees, but neither was to plant within one hundred miles of the other.
The charter contained "not one ray of popular rights," and neither the company nor the colonists had any share in the government. The company must financier the enterprise, but could receive only such rewards as those intrusted with the management by the home government could win for them in directing trade, opening mines, and disposing of lands. As for the emigrants, while they were declared entitled "to all liberties, franchises, and immunities of British subjects," they were to enjoy merely such privileges as officers not subject to them in any way might allow them. The management of both sections of Virginia, including the very limited grants to the companies, was conferred upon one royal council, which was to name a local council for each of the colonies in America; and both superior and subordinate councils were to govern according to "laws, ordinances, and instructions" to be given them by the king.[5 ]
Two days after the date of the charter these promised "laws," etc., were issued, and, though not preserved in their original form, they were probably very similar to the articles published during the following November.[6 ] According to these last, the superior council, resident in England, was permitted to name the colonial councils, which were to have power to pass ordinances not repugnant to the orders of the king and superior council; to elect or remove their presidents, to remove any of their members, to supply their own vacancies; and to decide all cases occurring in the colony, civil as well as criminal, not affecting life or limb. Capital offences were to be tried by a jury of twelve persons, and while to all intents and purposes the condition of the colonists did not differ from soldiers subject to martial law, it is to the honor of King James that he limited the death penalty to tumults, rebellion, conspiracy, mutiny, sedition, murder, incest, rape, and adultery, and did not include in the number of crimes either witchcraft or heresy. The articles also provided that all property of the two companies should be held in a "joint stock" for five years after the landing.[7 ]
The charter being thus secured, both companies proceeded to procure emigrants; and they had not much difficulty, as at this time there were many unemployed people in England. The wool culture had converted great tracts of arable land in England into mere pastures for sheep,[8 ] and the closure of the monasteries and religious houses removed the support from thousands of English families. Since 1585 this surplus humanity had found employment in the war with Spain, but the return of peace in 1605 had again thrown them upon society, and they were eager for chances, no matter how remote, of gold-mines and happy homes beyond the seas.[9 ]
Hence, in three months' time the Plymouth Company had all things in readiness for a trial voyage, and August 12, 1606, they sent out a ship commanded by Henry Challons with twenty-nine Englishmen and two Indians brought into England by Weymouth the year before. Two months later sailed another ship (of which Thomas Hanham was captain and Martin Pring master), "with all necessary supplies for the seconding of Captain Challons and his people." Unfortunately, Captain Challons's vessel and crew were taken by the Spaniards in the West Indies, and, though Hanham and Pring reached the coast of America, they returned without making a settlement.[10 ] Nevertheless, they brought back, as Sir Ferdinando Gorges wrote many years after, "the most exact discovery of that coast that ever came to my hands since," which wrought "such an impression" on Chief-Justice Popham and the other members of the Plymouth Company that they determined upon another and better-appointed attempt at once.[11 ]
May 31, 1607, this second expedition sailed from Plymouth with one hundred and twenty settlers embarked in two vessels—a fly boat called the Gift of God and a ship called Mary and John. August 18, 1607, the company landed on a peninsula at the mouth of the Sagadahoc, or Kennebec River, in Maine. After a sermon by their preacher, Richard Seymour, the commission of government and ordinances prepared by the authorities at home were read. George Popham was therein designated president; and Raleigh Gilbert, James Davis, Richard Seymour, Richard Davis, and Captain Harlow composed the council. The first work attempted was a fort, which they intrenched and fortified with twelve pieces of ordnance. Inside they erected a church and storehouse and fifteen log-cabins. Then a ship-builder constructed a pinnace, called the Virginia, which afterwards was used in the southern colony. But the colonists were soon discouraged, and more than half their number went back to England in the ships when they returned in December.
The winter of 1607-1608 was terrible to the forty-five men who remained at Kennebec, where land and water were locked in icy fetters. Their storehouse took fire and was consumed, with a great part of the provisions, and about the same time President George Popham died. The other leader, Captain Raleigh Gilbert, grew discouraged when, despite an industrious exploration of the rivers and harbors, he found no mines of any kind. When Captain James Davis arrived in the spring, bringing news of the death of Chief-Justice Popham and of Sir John Gilbert, Raleigh Gilbert's brother, who had left him his estate, both leader and colonists were so disenchanted of the country that they with one accord resolved upon a return. Wherefore they all embarked, as we are told, in their newly arrived ship and newly constructed pinnace and set sail for England. "And this," says Strachey, "was the end of that northerne colony upon the river Sagadahoc."[12 ]
To the London Company, therefore, though slower in getting their expedition to sea, belongs the honor of the first permanent English colony in America. December 10, 1606, ten days before the departure of this colony, the council for Virginia set down in writing regulations deemed necessary for the expedition. The command of the ships and settlers was given to Captain Christopher Newport, a famous seaman, who in 1591 had brought into the port of London the treasure-laden carrack the Madre de Dios, taken by Raleigh's ship the Roe Buck. He was to take charge of the commissions of the local council, and not to break the seals until they had been upon the coast of Virginia twenty-four hours. Then the council were to elect their president and assume command of the settlers; while Captain Newport was to spend two months in discovery and loading his ships "with all such principal commodities and merchandise there to be had."[13 ]
With these orders went a paper, perhaps drawn by Hakluyt, giving valuable advice concerning the selection of the place of settlement, dealings with the natives, and explorations for mines and the South Sea.[14 ] In respect to the place of settlement, they were especially advised to choose a high and dry situation, divested of trees and up some river, a considerable distance from the mouth. The emigrants numbered one hundred and twenty men—no women. Besides Captain Newport, the admiral, in the Sarah Constant, of a hundred tons, the leading persons in the exploration were Bartholomew Gosnold, who commanded the Goodspeed, of forty tons; Captain John Ratcliffe, who commanded the Discovery, of twenty tons; Edward Maria Wingfield; George Percy, brother of the earl of Northumberland; John Smith; George Kendall, a cousin of Sir Edwin Sandys; Gabriel Archer; and Rev. Robert Hunt.
Among these men John Smith was distinguished for a career combining adventure and romance. Though he was only thirty years of age he had already seen much service and had many hairbreadth escapes, his most remarkable exploit having been his killing before the town of Regal, in Transylvania, three Turks, one after another, in single combat.[15 ] The ships sailed from London December 20, 1606, and Michael Drayton wrote some quaint verses of farewell, of which perhaps one will suffice: