A. SOUTHERN COLONIES TO 1660 (continued 2)

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 Governo^r, the Counsell of Estate and two Burgesses elected out of eache Incorporation and Plantation, and being dissolved the 4^th of August next ensuing.

First. Sir George Yeardley, Knight, Governo^r 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.

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:

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]

FOOTNOTES:

VI. THE ASSEMBLY DURING THE COMMONWEALTH

34. Virginia and the Parliamentary Commissioners, 1652

Hening's Statutes, I, 363 ff.

Cf. American History and Government, § 337, for the supremacy of the Assembly during the Commonwealth.

Articles agreed on and concluded at James Cittie in Virginia for the surrendering and settling of that plantation under the obedience and government of the Common Wealth of England, by the commissioners of the Councill of State, by authoritie of the Parliament of England, and by the Grand Assembly of the Governour, Councill, and Burgesses of that countrey.

First. It is agreed and consented that the plantation of Virginia, and all the inhabitants thereof, shall be and remaine in due obedience and subjection to the common wealth of England, according to the lawes there established. And that this submission and subscription bee acknowledged a voluntary act, not forced nor constrained by a conquest upon the countrey. And that they shall have and enjoy such freedomes and priviledges as belong to the free borne people of England, and that the former government by the commissioners and instructions be void and null.

2dly.—Secondly, that the Grand Assembly, as formerly, shall convene and transact the affairs of Virginia, wherein nothing is to be acted or done contrarie to the government of the common wealth of England and the lawes there established.

3dly.—That there shall be a full and totall remission and indempnitie of all acts, words, or writings done or spoken against the parliament of England in relation to the same.

4thly.—That Virginia shall have and enjoy the antient bounds and lymitts granted by the charters of the former Kings. And that we shall seek a new charter from the parliament to that purpose against any that have intrencht upon the rights thereof.[24]

5thly.—That all the pattents of land granted under the collony seale, by any of the precedent Governours, shall be and remaine in their full force and strength.

7thly.—That the people of Virginia have free trade, as the people of England do enjoy, to all places and with all nations according to the lawes of that common-wealth, and that Virginia shall enjoy all priviledges equall with any English plantations in America.

8thly.—That Virginia shall be free from all taxes, customes, and impositions whatsoever, and none to be imposed on them without the consent of the Grand Assembly, and soe that neither ffortes nor castles bee erected or garrisons maintained without their consent.

10thly.—That for the future settlement of the countrey in their due obedience, the engagement shall be tendred to all the inhabitants according to act of parliament made to that purpose; that all persons who shall refuse to subscribe the said engagement, shall have a yeares time if they please to remove themselves and their estates out of Virginia, and in the meantime during the said yeare to have equall justice as formerly.

11thly.—That the use of the booke of common prayer shall be permitted for one yeare ensueinge with reference to the consent of the major part of the parishes, Provided that things which relate to kingshipp or that government be not used publiquely; and the continuance of ministers in their places, they not misdemeaning themselves: And the payment of their accustomed dues and agreements made with them respectively shall be left as they now stand dureing this ensueing yeare.

16thly.—That the comissioners for the parliament subscribing these articles engage themselves and the honour of the parliament for the full performance thereof: And that the present Governour and the Councill and the Burgesses do likewise subscribe and engage the whole collony on their parts.

35. The Franchise Restricted and Restored, 1655, 1656

Hening's Statutes at Large. Cf. American History and Government, § 103 and note.

(1) [March, 1654/5.]

Act VII.—Be it enacted by this present Grand Assembly ... That the persons who shall be elected to serve in Assembly shall be such and no other then such as are persons of knowne integrity and of good conversation and of the age of one and twenty yeares—That all housekeepers whether ffreeholders, lease holders, or otherwise tenants, shall onely be capeable to elect Burgesses, and none hereby made uncapable shall give his subscription to elect a Burgesse upon the pennalty of four hundred pounds of tobacco and cask, to be disposed of by the court of each county where such contempt shall be used: Provided that this word housekeepers repeated in this act extend no further than to one person in a ffamily.

(2) [March, 1655/6.]

Act XVI.—Whereas we conceive it something hard and unagreeable to reason that any persons shall pay equall taxes and yet have no votes in elections, Therefore it is enacted by this present Grand Assembly, That soe much of the act for chooseing Burgesses be repealed as excludes freemen from votes, Provided allwaies that they fairly give their votes by subscription and not in a tumultuous way,[25] ...

FOOTNOTES:

VII. MARYLAND

36. Lord Baltimore to King Charles, August 19/29, 1629

Scharf's Maryland, I, 44, 45. The letter was written from Avalon (No. 38), in Nova Scotia. Only the second half is given here; the first half defends the writer against certain "slanders" by Protestant enemies.

Most Gracious and Dread Sovereign:—

... So have I met with greater difficultys ... here, which in this place are no longer to be resisted, but enforce me presently to quitt my residence and to shift to some other warmer climate of this new world, where the wynter be shorter and less rigorous. For here Your Majesty may please to understand that I have found by too deare bought experience, [what] other men for their private interests always concealed from me, that from the middlest of October to the middlest of May there is a sadd fare of wynter upon all this land; both sea and land so frozen, for the greater part of the tyme, as they are not penetrable, no plant or vegetable thing appearing out of the earth; ... nor fish in the sea, besides the ayre so intolerable cold as it is hardly to be endured. By means whereof, and of much salt meate, my house hath been an hospital all this wynter; of 100 persons, 50 sick at a time, myself being one; and nyne or ten of them dyed. Hereupon I have had strong temptations to leave all proceedings in plantations, and, being much decayed in my strength, to retire myselfe to my former quiett. But my inclination carrying me naturally to these kynd of workes, and not knowing how better [to use] the poore remaynder of my dayes, than ... to further ... the enlarging your majesty's empire in this part of the world, I am determined to committ this place to fisherman (that are able to encounter stormes and hard weather) and to remove myselfe with some 40 persons to your majesty's dominion Virginia; where, if your majesty will please to grant me a precinct of land with such privileges as the king your father, my gracious master, was pleased to grante me here, I shall endeavor, to the utmost of my power, to deserve it....

37. Charter of Maryland, June 20/30, 1632

The text in Latin and English is given in Bacon's Laws of Maryland. For explanation of events leading to this grant, see American History and Government, § 38. The document is in Latin.

I.—CHARLES, by the grace of GOD, of England, Scotland, France, and Ireland, King, Defender of the Faith, etc. To all to whom these Presents shall come, Greeting.

[II, III, and first part of IV, recite the petition of Cecilius, Baron of Baltimore, the determination of the King to "encourage the pious and noble purpose," and the grant of land, with confused geographical description.]

IV.—Also We do Grant ... unto the said Baron of BALTIMORE, his heirs and assigns, ... the Patronages, and Advowsons of all Churches which (with the increasing Worship and Religion of CHRIST) within the said Region ... hereafter shall happen to be built, together with Licence and Faculty of erecting and founding Churches, Chapels, and Places of Worship, in convenient and suitable Places, within the Premises, and of causing the same to be dedicated and consecrated according to the Ecclesiastical Laws of our Kingdom of England; with[26] all, and singular such, and as ample Rights, Jurisdictions, Privileges, Prerogatives, Royalties, Liberties, Immunities, and royal Rights, and temporal Franchises whatsoever, as well by Sea as by Land, within the Region ... aforesaid, to be had, exercised, used, and enjoyed, as any Bishop of Durham, within the Bishoprick or County Palatine of Durham, in our Kingdom of England, ever heretofore hath had, held, used, or enjoyed, or of Right could or ought to have, hold, use, or enjoy.

[V.—Tenure by Baltimore to be in free and common soccage, and not in capite, or by "Knight's Service," "yeilding therefore to Us ... two Indian Arrows of these parts every year," and the fifth part of gold and silver ore.]

VI.—Now, That the aforesaid Region, thus by us granted and described, may be eminently distinguished above all other Regions of that Territory, and decorated with more ample Titles, KNOW YE, that WE ... have thought fit that the said Region and Islands be erected into a PROVINCE, as out of the plenitude of our royal power and prerogative, WE do ... ERECT and INCORPORATE the same into a PROVINCE, and nominate the same MARYLAND, by which name WE will that it shall from henceforth be called.

VII.—And forasmuch as WE have above made and ordained the aforesaid now Baron of BALTIMORE, the true Lord and Proprietary of the whole Province aforesaid, KNOW YE therefore further, that WE ... do grant unto the said now Baron, (in whose Fidelity, Prudence, Justice, and provident Circumspection of Mind, WE repose the greatest Confidence) and to his Heirs, for the good and happy Government of the said PROVINCE, free, full, and absolute Power, by the tenor of these Presents, to Ordain, Make, and Enact LAWS, of what kind soever, according to their sound Discretions, whether relating to the Public State of the said PROVINCE, or the private Utility of Individuals, of and with the Advice, Assent, and Approbation of the Free-Men of the same PROVINCE, or of the greater Part of them, or of their Delegates or Deputies, whom WE will shall be called togther for the framing of LAWS, when, and as often as Need shall require, by the aforesaid now Baron of BALTIMORE, and his Heirs, and in the Form which shall seem best to him or them, and the same to publish under the Seal of the aforesaid now Baron of BALTIMORE, and his Heirs, and duly to execute the same upon all Persons, for the Time being, within the aforesaid PROVINCE, and the Limits thereof, or under his or their Government and Power, in Sailing towards MARYLAND, on thence Returning, Outward-bound, either to England, or elsewhere, whether to any other Part of Our, or of any foreign Dominions, wheresoever established, by the Imposition of Fines, Imprisonment, and other Punishment whatsoever; even if it be necessary, and the Quality of the Offence require it, by Privation of Member, or Life, by him the aforesaid now Baron of BALTIMORE, and his Heirs, or by his or their Deputy, Lieutenant, Judges, Justices, Magistrates, Officers, and Ministers, to be constituted and appointed according to the Tenor and true Intent of these Presents, and to constitute and ordain Judges, Justices, Magistrates, and Officers, of what Kind, for what Cause, and with what Power soever, within that Land, and the Sea of those Parts, and in such Form as to the said now Baron of BALTIMORE, or his Heirs, shall seem most fitting: And also to Remit, Release, Pardon, and Abolish, all Crimes and Offences whatsoever against such Laws, whether before, or after Judgment passed; and to do all and singular other Things belonging to the Completion of Justice, and to Courts, Prætorian Judicatories, and Tribunals, judicial Forms and Modes of Proceeding, although express Mention thereof in these Presents be not made; and, by Judges by them delegated, to award Process, hold Pleas, and determine in those Courts, Prætorian Judicatories, and Tribunals, in all Actions, Suits, Causes, and Matters whatsoever, as well Criminal as Personal, Real and Mixed, and Prætorian: ... So Nevertheless, that the Laws aforesaid be consonant to Reason and be not repugnant or contrary, but (so far as conveniently may be) agreeable to the Laws, Statutes, Customs and Rights of this Our Kingdom of England.

VIII.—And Forasmuch as, in the Government of so great a PROVINCE, sudden Accidents may frequently happen, to which it will be necessary to apply a Remedy before the Freeholders of the said Province, their Delegates, or Deputies, can be called together for the framing of Laws; neither will it be fit that so great a Number of People should immediately, on such emergent Occasion, be called together, WE THEREFORE, for the better Government of so great a PROVINCE, ... do grant ... that the aforesaid now Baron of BALTIMORE; and his Heirs, by themselves, or by their Magistrates and Officers, thereunto duly to be constituted as aforesaid, may, and can make and constitute fit and wholesom Ordinances from Time to Time, to be kept and observed within the PROVINCE aforesaid, as well for the Conservation of the Peace, as for the better Government of the People inhabiting therein, and publickly to notify the same to all Persons whom the same in any wise do or may affect ...: so that the same Ordinances do not, in any Sort, extend to oblige, bind, change, or take away the Right or Interest of any Person or Persons, of or in Member, Life, Freehold, Goods or Chattels.

IX, X—[Permission to English subjects to emigrate to Maryland, and X, to enjoy (with their descendants) the rights of Englishmen at home.]

XI.—[Certain exemptions from export duties, as in earlier charters.]

XII.—[Authorization for the proprietor or his officers to make war, if needful, upon savages and pirates or other invaders.]

XIII.-[Authorization for martial law, under, the usual restrictions.]

XIV.—[Authority for Baltimore to confer titles of nobility (not such as in England), to incorporate towns, etc.]

XV-XVI.—[Regulations regarding ports and temporary exemptions from English custom duties.]

XVII.—Moreover, We will, appoint, and ordain, and by these Presents, for US, our Heirs and Successors, do grant unto the aforesaid now Baron of BALTIMORE, his Heirs and Assigns, that the same Baron of BALTIMORE, his Heirs and Assigns, from Time to Time, for ever, shall have, and enjoy the Taxes and Subsidies payable, or arising within the Ports, Harbours, and other Creeks and Places aforesaid, within the Province aforesaid, for Wares bought and sold, and Things there to be laden, or unladen, to be reasonably assessed by them on emergent Occasion, and the People there as aforesaid; to whom WE grant Power by these Presents, for US, our Heirs and Successors, to assess and impose the said Taxes and Subsidies there, upon just Cause, and in due Proportion.

XVIII.—And furthermore ..., WE ... do give ... unto the aforesaid now Baron of BALTIMORE, his Heirs and Assigns, full and absolute License, Power, and Authority ... [to] assign, alien, grant, demise, or enfeoff so many, such, and proportionate Parts and Parcels of the Premises, to any Person or Persons willing to purchase the same, as they shall think convenient, to have and to hold ... in Fee-simple, or Fee-tail, or for Term of Life, Lives, or Years; to hold of the aforesaid now Baron of BALTIMORE, his Heirs and Assigns, by ... such ... Services, Customs and Rents OF THIS KIND, as to the same now Baron of BALTIMORE, his Heirs and Assigns, shall seem fit and agreeable, and not immediately of US ... [notwithstanding the English law Quia Emptores or other statutes to the contrary].

XIX.—We also, ... do ... grant Licence to the same Baron of BALTIMORE, and to his Heirs, to erect any Parcels of Land within the Province aforesaid, into Manors, and in every of those Manors, to have and to hold a Court-Baron, and all Things which to a Court-Baron do belong; and to have and to keep View of Frank-Pledge, for the Conservation of the Peace and better Government of those Parts, by themselves and their Stewards, or by the Lords, for the Time being to be deputed, of other of those Manors when they shall be constituted, and in the same to exercise all Things to the View of Frank-Pledge belonging.

XX.—And further We will, and do ... grant ... that we, our heirs and successors, at no time hereafter, will impose any impositions, customs, or other taxations ... whatever, in or upon the residents ... of the province, for their goods, lands, or tenements ... or in or upon any goods or merchandizes within the province or within the ports or harbors of the said province [this declaration to be a sufficient quittance to all English officers].

XXI.—[Maryland not to be reputed a part of Virginia but to be immediately dependent upon the crown.]

XXII.—[Baltimore and his heirs to be entitled to the most generous interpretation of any indefinite clause in the charter] "provided always that no interpretation be made thereof whereby God's holy and true Christian religion, nor the allegiance due to us ... may in any wise suffer ... prejudice or diminution."

38. Comment on the Avalon Charter of 1623

With the addition of two of its sections, with the necessary changes of names, and with three or four other slight modifications, the Maryland Charter of 1632 is an exact transcript of the Charter of Avalon, given in 1623 by James I to George Calvert (afterward, the first Lord Baltimore). The Avalon Charter has been printed, the editor believes, only in Scharf's Maryland (I, 34 ff.).

The sections of the two documents correspond up to XVIII. Sections XVIII and XIX of the Maryland Charter (relating to subinfeudation and manorial courts) are not found in the earlier document. Sections XVIII-XX of the Avalon Charter correspond to XX-XXII of the Maryland patent.

Other changes, aside from names, etc., are:

1.—(Section IV.) In the granting of advowsons and other ecclesiastical powers, there is no reference in the Avalon Charter to the "ecclesiastical laws of the kingdom of England." This phrase is added in the Maryland Charter, since Baltimore has now (1624) been converted to Catholicism, probably as a safeguard.

2.—Baltimore's tenure in Avalon (§ 5) is to be "in Capite, by Knight's Service" [not so, but in free socage, in Maryland], "yielding therefor ... a white horse, so often as we or our successors shall come into the said region," together with the usual "fifth part of gold and silver ore."

3.—The Avalon Charter does not refer directly to representative government. The authorization to Baltimore to publish laws runs,—"with the advice, assent, and approbation of the Freeholders of the said Province, or the greater part of them," while the Maryland Charter says the assent of "the Free Men of the said Province, or the greater part of them, or their delegates, or deputies"; but the earlier like the later charter leaves it to the proprietor to assemble the people "in such form as to him shall seem best," and this probably looked to a representative gathering.

4.—(XVII.) The Avalon Charter does not mention the participation of the popular assembly in granting taxes. Given such an assembly, however, and the renunciation by the English government (Section XVIII) of that power, then the possession of the power by the Assembly would inevitably follow. In the Maryland Charter it is expressed.

The Avalon Charter then, is the first royal patent to give to settlers in America political rights, in addition to the private common-law privileges. It is followed (as to sections VII and VIII) in exact detail by the Heath Charter for Carolina (1629), the Baltimore Charter (1632), and the Plowden Charter for New Albion (1634).[27]

Of the four grants just mentioned, that of Maryland in 1632 was the only one under which a successful colony was established, but the others help to show that that document was no prodigy. The student may like to notice here one of the rare slips of Dr. Channing (History of the United States, I, 245), when he ascribes the likeness between the charters of 1629, 1632, and 1634 to Sir Robert Heath's influence in that of 1629, instead of to the earlier Avalon Charter of 1623.

39. Excursus: Charters for New Albion and Maine

The "governing" clauses only are given,—for comparison with corresponding parts of the Maryland and Avalon grants.

a. Grant of Charles I to Edmund Plowden, Earl Palatine of Albion, of the Province of New Albion in America

Hazard's State Papers (Washington, 1792), I, 162 ff. New Albion was to lie north of Maryland. No settlement was effected.

... And forasmuch, as We have above made and ordained the before-named Edmund Plowden, Knight, true lord and proprietor of all the province aforesaid. Therefore further know ye, that We, for Us, our heirs, and successours, to the same Edmund, (of whose fidelity, prudence, justice and providence, and circumspection of mind, we have full confidence) and to his heirs, for the good and happy government of the said province, [grant power to make, ordain, and establish] whatsoever laws, whether concerning the public estate of the same province, or the private utility of individuals, according to their wise discretions, and with the council, approbation, and assents of the free tenants of the same province, or the major part of them who shall be called together by the aforesaid Edmund Plowden, and his heirs, to make laws when, and as often as there shall be occasion, in such form as to him or them shall seem best. ... And because, in so large a province it may often happen, that there will be a necessity to provide a remedy in a number of cases, before the free tenants of the said province can be assembled to make laws, nor will it be proper to delay in a case of emergency, until so many people can be called together. Therefore, for the better government of the said province, we will, and ordain, and by these presents, for Us, our heirs, and successors, grant unto the before-named Edmund Plowden, and to his heirs, that the aforesaid Edmund Plowden, and his heirs, by themselves, or by magistrates and officers in that behalf, to be duly constituted as aforesaid, fit and wholesome ordinations from time to time, shall and may be able to make and constitute, to be kept and preferred within the province aforesaid, as well for keeping the peace as for the better government of the people there living or inhabiting, and to give public notice of them to all persons whom the same doth or may concern; which said ordinations We will, shall be inviolably observed within the said province, under the penalties in the same expressed. So that the same ordinances be consonant to reason, and be not repugnant nor contrary, but as much agreeable as may be to the laws, statutes, and rights of our kingdoms of England and Ireland. And so as that the same ordinances do not extend themselves to the right or interest of any person or persons, of, or in free tenements, or the taking, distraining, binding, or charging any of their goods or chattles....

b. Grant of Charles I to Sir Ferdinando Gorges for the Province of Maine, 1639

Hazard's State Papers (1792), I, 442-455.

The members of the Plymouth Council surrendered the charter of 1620 back to the King in 1634, having first divided the territory among themselves. The King confirmed Gorges' allotment ("The Province of Maine") and gave him the usual proprietary jurisdiction in a lengthy charter (April 3/13, 1639), from which come the following clauses.

... And wee doe for us, our heirs and successors, give and graunte unto the saide Sir Ferdinando Gorges, his heirs and assignes, power and authoritie, with the assent of the greater parte of the freeholders of the said Province and premisses for the time being, when there shalbe any to be called therunto from time to time, when and as often as shall be requisite, to make and ordeyne and publish lawes, ordinances and constitucons, reasonable, and not repugnant and contrary, but agreable as nere as conveniently may bee, to the lawes of England, for the publique good of the said Province and premisses, and of the inhabitants thereof, by imposing of penalties, imprisonment or other corections, or, if the offence shall requier, by taking away of life or member; the said lawes and constitucons to extend aswell to such as shalbe passing unto or returning from the said Province or premisses as unto the inhabitants or residents of or within the same, and the same to be put into execucon by the said Sir Ferdinando Gorges, his heirs or assignes, or by his or there depputies, liftenants, judges, officers or ministers in that behalfe, lawfully authorized; and the same lawes ordinances and constitucons, or any of them, to alter, change, and revoke, or to make voide and to make new, not repugnant nor contrary, but agreable as nere as may bee, to the lawes of England, as the said Sir Ferdinando Gorges his heires and assignes, together with the said freeholders, or the greater part of them for the time being, shall from time to time thinke fitt and convenient:...

40. The Maryland Toleration Act of 1649

Maryland Archives, I, 244 ff.

For explanation, cf. American History and Government, § 43.

... Forasmuch as in a well governed and Christian Common Wealth, matters concerning Religion and the honor of God ought in the first place to bee taken into serious consederacion ... Be it therefore ordered and enacted by the Right Honorable Cecilius Lord Baron of Baltemore, absolute Lord and Proprietary of this Province, with the advise and consent of this Generall Assembly: That whatsoever person or persons within this Province and the Islands thereunto belonging shall from henceforth blaspheme God,—that is, Curse him,—or deny our Saviour Jesus Christ to bee the sonne of God, or shall deny the holy Trinity, the ffather sonne and holy Ghost, or the Godhead of any of the said Three persons of the Trinity, or the Unity of the Godhead, or shall use ... any reproachfull Speeches, ... concerning the said Holy Trinity, or any of the three persons thereof, shall be punished with death and confiscation of all his or her lands and goods ... And be it also Enacted ... That whatsoever person or persons shall from henceforth use ... any reproaching words or speeches concerning the blessed Virgin Mary, the Mother of our Saviour, or the Holy Apostles or Evangelists ... shall in such case for the first offence forfeit ... the summe of ffive pound sterling ... but in case such Offender or Offenders shall not then have goods and chattells sufficient for the satisfyeing of such forfeiture, or that the same bee not otherwise speedily satisfyed, that then such Offender or Offenders shalbe publiquely whipt and bee ymprisoned during the pleasure of the Lord Proprietary or ... chiefe Governor of this Province for the time being. And that every such Offender or Offenders for every second offence shall forfeit tenne pound sterling or the value thereof to bee levyed as aforesaid, or in case such offender or Offenders shall not then have goods and chattells within this Province sufficient for that purpose then to bee publiquely and severely whipt and imprisoned as before is expressed. And that every person or persons before mentioned offending herein the third time, shall for such third Offence forfeit all his lands and Goods and bee for ever banished and expelled out of this Province. And be it also further Enacted ... that whatsoever person or persons shall from henceforth uppon any occasion of Offence or otherwise in a reproachful manner or Way declare call or denominate any person or persons whatsoever ... an heritick, Scismatick, Idolator, puritan, Independant, Prespiterian, popish prest, Jesuite, Jesuited papist, Lutheran, Calvenist, Anabaptist, Brownist, Antinomian, Barrowist, Round-head, Seperatist, or any other name or terme in a reproachfull manner relating to matter of Religion shall for every such Offence forfeit and loose the some or [of] tenne shillings sterling or the value thereof, to bee levyed on the goods and chattells of every such Offender and Offenders, the one half thereof to be forfeited and paid unto the person and persons of whom such reproachfull words are or shalbe spoken or uttered, and the other half thereof to the Lord Proprietary and his heires Lords and Proprietaries of this Province. But if such person or persons who shall at any time utter or speake any such reproachfull words or Language shall not have Goods or Chattells sufficient and overt within this Province to bee taken to satisfie the penalty aforesaid, or that the same bee not otherwise speedily satisfyed, that then the person or persons soe offending shalbe publickly whipt, and shall suffer imprisomnt without baile or maineprise untill hee, shee, or they respectively shall satisfy the party soe offended or grieved by such reproachfull Language by asking him or her respectively forgivenes publiquely for such his Offence before the Magistrate or cheife Officer or Officers of the towne or place where such Offence shalbe given. And be it further likewise Enacted ... That every person and persons within this Province that shall at any time hereafter prophane the Sabbath or Lords day, called Sunday, by frequent swearing, drunkennes, or by any uncivill or disorderly recreacon, or by working on that day when absolute necessity doth not require it, shall for every such first offence forfeit 2^[s.] 6^[d.] sterling or the value thereof, and for the second offence 5^[s.] sterling or the value thereof, and for the third offence and soe for every time he shall offend in like manner afterwards, 10^[s.] sterling or the value thereof. And in case such offender and offenders shall not have sufficient goods or chattells within this Province to satisfy any of the said Penalties reecsptively hereby imposed ... That in Every such case the partie soe offending shall for the first and second offence in that kinde be imprisoned till hee or shee shall publickly in open Court before the cheife Commander Judge or Magistrate of that County Towne or precinct where such offence shalbe committed acknowledg the Scandall and offence he hath in that respect given against God and the good and civill Governmt of this Province; And for the third offence and for every time after, shall also bee publickly whipt. And whereas the inforceing of the conscience in matters of Religion hath frequently fallen out to be of dangerous Consequence in those commonwealthes where it hath been practised, And for the more quiett and peaceable governmt of this Province, and the better to preserve mutuall Love and amity amongst the Inhabitants thereof. Be it Therefore also by the Lord Proprietary with the advise and consent of this Assembly Ordeyned and enacted (except as in this present Act is before Declared and sett forth) that noe person or persons whatsoever within this Province, or the Islands, Parts, Harbors, Creekes, or havens thereunto belonging, professing to beleive in Jesus Christ, shall from henceforth bee any waies troubled, Molested or discountenanced for or in respect of his or her religion nor in the free exercise thereof within this Province or the Islands thereunto belonging nor any way compelled to the beleife or exercise of any other Religion against his or her consent, soe as they be not unfaithfull to the Lord Proprietary, or molest or conspire against the civill Government established or to bee established in this Province under him or his heires. And that all and every person and persons that shall presume Contrary to this Act and the true intent and meaning thereof directly or indirectly either in person or estate wilfully to wrong disturbe trouble or molest any person whatsoever within this Province professing to beleive in Jesus Christ for or in respect of his or her religion, or the free exercise thereof, within this Province ... that such person or persons soe offending shall be compelled to pay trebble damages to the party soe wronged ... and for every such offence shall also forfeit 20 s. sterling ... [or, in default of payment, shall make satisfaction by public whipping, and imprisonment during the pleasure of the Governor]....