But all parties seemed well satisfied with this charter, and neither the King nor the adventurers had before their minds the grand results that were now giving birth. The patentees diligently urged forward preparations for the voyage, and James employed his leisure hours in preparing the instructions and code of laws contemplated by the charter. His wondrous wisdom rejoiced in the task of acting the modern Solon, and penning statutes which were to govern the people yet unborn; and neither his advisers nor the colonists seemed to have reflected upon the enormous exercise of prerogative herein displayed. The adventurers did not cease to be Englishmen in becoming settlers of a foreign clime, and the charter had expressly guaranteed to them "all liberties, franchises, and immunities" enjoyed by native-born subjects of the realm. Even acts of full Parliament bind not the colonies unless they be expressly included, and an English writer of subsequent times has not hesitated to pronounce this conduct of the royal law-maker in itself illegal (November 20th). But James proceeded with much eagerness to a task grateful alike to his vanity and his principles of government.
By these articles of instruction, the King first establishes the general council, to remain in England, for the superintendence of the colonies. It consisted originally of thirteen, but was afterward increased to nearly forty, and a distinction was made in reference to the London and Plymouth companies. In this body we note many names which were afterward well known both in the interests of America and the mother-land.
Sir William Wade, lieutenant of the Tower of London; Sir Thomas Smith, Sir Oliver Cromwell, Sir Herbert Croft, Sir Edwin Sandys, and others formed a power to whom were intrusted many of the rights of the intended settlement. They were authorized, at the pleasure and in the name of his majesty, to give directions for the good government of the settlers in Virginia, and to appoint the first members of the councils to be resident in the colonies.
These resident councils thus appointed, or the major part of them, were required to choose from their own body a member, not being a minister of God's Word, who was to be president, and to continue in office for a single year. They were authorized to fill vacancies in their own body, and, for sufficient cause, to remove the president and elect another in his stead; but the authority to "increase, alter, or change" these provincial councils was reserved as a final right to the King.
The Church of England was at once established, and the local powers were to require that the true word and service of God, according to her teachings, should be preached, planted, and used, not only among the settlers, but, as far as possible, among the sons of the forest.
The crimes of the rebellion, tumults, conspiracy, mutiny, and sedition, as well as murder, incest, rape, and adultery, were to be punished with death, without benefit of clergy. To manslaughter, clergy was allowed. These crimes were to be tried by jury, but the president and council were to preside at the trial—to pass sentence of death—to permit no reprieve without their order, and no absolute pardon without the sanction of the King, under the great seal of England.
But with the exception of these capital felonies, the president and council were authorized to hear and determine all crimes and misdemeanors, and all civil cases, without the intervention of a jury. These judicial proceedings were to be summary and verbal, and the judgment only was to be briefly registered in a book kept for the purpose.
For five years succeeding the landing of the settlers, all the results of their labor were to be held in common, and were to be stored in suitable magazines. The president and the council were to elect a "cape merchant" to superintend these public houses of deposit, and two clerks to note all that went into or came out from them, and every colonist was to be supplied from the magazines by the direction and appointment of these officers or of the council.
The adventurers of the first colony were to choose from their number one or more companies, each to consist of at least three persons, to reside in or near London, and these were to superintend the general course of trade between the mother-country and her distant daughter, and direct it into such channels as would be most advantageous to both.
No person was to be admitted to reside in the colonies but such as would take oath of obedience to the King, in the ample form provided for by a statute passed early in the reign of James, and any rash offenders who should attempt to withdraw from allegiance to his majesty was to be imprisoned until reformation, or else sent to England, there to receive "condign punishment."