A SOURCE BOOK
IN
AMERICAN HISTORY
TO 1787

COLLECTED AND EDITED

BY

WILLIS MASON WEST

SOMETIME PROFESSOR OF HISTORY AND HEAD OF THE DEPARTMENT AT THE UNIVERSITY OF MINNESOTA

ALLYN AND BACON

Boston New York Chicago

COPYRIGHT, 1913,
BY WILLIS MASON WEST.

Norwood Press
J. S. Cushing Co.—Berwick & Smith Co.
Norwood, Mass., U.S.A.

[FOREWORD]

Early American history is especially suited for "source work" in secondary schools and undergraduate college classes. After the year 1800, there are too many documents and many of them are too long. The student can get no systematic survey nor any sense of continuity; and source work is therefore merely illustrative of particular incidents. But, for the early period, it is possible, by careful selection and exclusion, to lay a basis for a fairly connected study.

To do this, it is necessary to combine in one volume selections which are usually grouped separately, as "Documents" and as "Readings,"—such, for instance, as the Massachusetts charter, on the one hand, and Winthrop's letters to his wife, on the other. Rigid scholarship may object to the inclusion of such different sorts of sources between the same covers. But students cannot be expected to own or use more than one volume of sources in American history; and the practical educational advantages of the combination seem to me to outweigh all possible objections—besides which, something might be said for the arrangement in itself, for young students, on the side of interest and convenience.

A number of admirable collections of sources for schools are already in use. And yet, in preparing my American History and Government,[1] I found no single volume which contained the different kinds of source material desirable for illustration, while much of the most valuable material was still inaccessible in any collection. Some two-thirds of the selections in the present volume, I believe, have not previously appeared in Source Books; and, for many of the customary documents, I have found it desirable to print parts not usually given. Thus, for Gorges' Patent for Maine, instead of reproducing the territorial grant (which is all that is given in the only Source Book which touches on that document), I have chosen rather to give the portion authorizing a degree of popular self-government (the reference to the "parliament in New England").

In a few cases, documents which might have been expected are not given, because extracts from them are used freely in the American History and Government, to which this is a companion volume. The most important cases of this character are noted at appropriate points. In general, in the selection and arrangement of documents, special emphasis has been given to the following topics: (1) the idealistic motives back of American colonization in Virginia as well as in Puritan New England; (2) the evolution of political institutions in Virginia and in typical Northern colonies,—especially of representative government and of the town meeting, and of such details as the use of the ballot; (3) the very imperfect nature of democracy, political and social, in colonial America,—so that the student may better appreciate our later growth; (4) social conditions,—necessarily a rather fragmentary treatment; (5) the evolution of commonwealths out of colonies in the Revolution; and (6) the breakdown of the Confederation and the making of the Constitution.

Many typical documents are given entire. Other selections are excerpted carefully. In such cases, omissions are indicated, of course, and the substance of the omitted matter is usually indicated in brackets. In the case of a few selections, like those from Winthrop's History, the original document has already been published in standard editions with modernized spelling. Such editions have been followed. The text of all other documents has been reproduced faithfully, except for such departures as are authorized in the American Historical Association's Suggestions for the Printing of Documents; i.e., regarding the spelling out of abbreviations, and the modern usage for the consonantal i and u, and the modernizing of punctuation when absolutely needful to prevent ambiguity. Some students may find a slight difficulty at first in the vagaries of seventeenth century orthography. But this difficulty is quickly surmounted; and, apart from the added flavor that comes from the quaintness of the original, and from the consciousness that the copy has been strictly adhered to, there is often a distinct historical advantage in the practice. The falling away in book-culture in the second generation of New England colonization can hardly be suggested so forcibly in any other way as by following the degeneration of spelling by town officials—as in the Watertown records in Number 83. The peculiarities of type in printed documents have been preserved so far as possible, but here I have taken a greater liberty than in any other matter of this kind. Italics and black-faced type have been introduced freely, to call attention to matter of special importance for instruction. Sometimes this practice has been noted in the respective introductions; and in other cases there will be little difficulty in deciding which passages owe their prominence of this sort to the editor.

I have tried also to add to the teaching value of the book by a free use of introductions to the various extracts, and by footnotes and addenda, with occasional "Hints for Study."

WILLIS MASON WEST.

Windago Farm,
November, 1913.

[TABLE OF CONTENTS]

FOOTNOTES:

[1] Allyn and Bacon. 1913.

[2] Bradford's Plymouth Plantation, the main source for this topic, is quoted so extensively in the American History and Government that it is not used here in this connection.

A SOURCE BOOK IN AMERICAN HISTORY

[I. ENGLAND IN THE SIXTEENTH CENTURY]

1. Classes of Englishmen

William Harrison, in Holinshed's Chronicle (1577). Cf. No. 75 on like social divisions in early New England; and see American History and Government, § 65.

We in England divide our people commonlie into foure sorts, as gentlemen, citizens or burgesses, yeomen, ... or [and] laborers. Of gentlemen the first and cheefe (next the king) be the prince, dukes, marquesses, earls, viscounts, and barons: and these are called gentlemen of the greater sort, or (as our common usage of speech is) lords and noblemen: and next unto them be knights, esquiers, and last of all they that are simplie called gentlemen, ... Who soever studieth the lawes of the realme, who so abideth in the universitie giving his mind to his booke, or professeth physicke and the liberall sciences, or beside his service in the roome of a capteine in the warres, or good counsell given at home, whereby his commonwealth is benefited, can live without manuell labour, and thereto is able and will beare the port, charge, and countenance of a gentleman, he shall for monie have a cote and armes bestowed upon him by heralds (who in the charter of the same doo of custome pretend antiquitie and service, and manie gaie things) and, thereunto being made so good cheape, be called master, which is the title that men give to esquiers and gentlemen, and reputed for a gentleman ever after....

... our merchants [are] to be installed, as amongst the citizens (although they often change estate with gentlemen, as gentlemen doo with them, by a mutuall conversion of the one into the other)....

Yeomen are ... free men, borne English, and [who] may dispend of their owne free land in yearelie revenue, to the summe of fortie shillings sterling, or six pounds as monie goeth in our times. ... This sort of people have a certeine preheminence, and more estimation than labourers and the common sort of artificers, and commonlie live wealthilie, keepe good houses, and travell to get riches. They are also for the most part farmers to gentlemen ... or at the leastwise artificers, and with grasing, frequenting of markets, and keeping of servants (not idle servants as the gentlemen doo, but such as get both their owne and part of their master's living) do come to great welth, in somuch that manie of them are able and doo buie the lands of unthriftie gentlemen, and often setting their sonnes to the schooles, to the universities, and to the Ins of the court, or otherwise leaving them sufficient lands whereupon they may live without labour, doo make them by those means to become gentlemen. These were they that in times past made all France afraid. ...

The fourth and last sort of people in England are daie labourers, poore husbandmen, and some retailers (which have no free land) copie holders, and all artificers,—as tailers, shomakers, carpenters, brickmakers, masons, etc. As for slaves and bondmen we have none, naie such is the privilege of our countrie by the especiall grace of God, and bountie of our princes, that if anie come hither from other realms, so soone as they set foot on land they become so free of condition as their masters. ... This fourth and last sort of people therefore have neither voice nor authoritie in the common wealth, but are to be ruled, and not to rule other; yet they are not altogither neglected, for in cities and corporat townes, for default of yeomen they are faine to make up their inquests [juries] of such maner of people. And in villages they are commonlie made churchwardens, sidemen, aleconners, now and then constables, and manie times injoie the name of hedboroughes. Unto this sort also may our great swarmes of idle serving men be referred, of whome there runneth a proverbe; 'Young serving men, old beggers,' bicause service is none heritage....

[A. SOUTHERN COLONIES TO 1660]

[II. MOTIVES FOR EARLY ENGLISH COLONIZATION]

2. From Sir George Peckham's "True Report"

Richard Hakluyt's Voyages ... and Discoveries (1589), III, 167 ff.

Peckham was a partner in Gilbert's enterprise. His Report, a considerable pamphlet, was written in 1582.

... To conclude, since by Christian dutie we stand bound chiefly to further all such acts as do tend to the encreasing the true flock of Christ by reducing into the right way those lost sheepe which are yet astray: And that we shall therein follow the example of our right vertuous predecessors of renowned memorie, and leave unto our posteritie a divine memoriall of so godly an enterprise: Let us, I say, for the considerations alledged, enter into judgement with our selves, whether this action may belong to us or no. ... Then shal her Majesties dominions be enlarged, her highnesse ancient titles justly confirmed, all odious idlenesse from this our Realme utterly banished, divers decayed townes repaired, and many poor and needy persons relieved, and estates of such as now live in want shail be embettered, the ignorant and barbarous idolaters taught to know Christ, the innocent defended from their bloodie tyrannical neighbours, the diabolicall custome of sacrificing humane creatures abolished....

3. A Discourse on Western Planting by Richard Hakluyt, 1584

Maine Historical Society Collections, Second Series, II (1877).

This pamphlet was written by Hakluyt, an English clergyman and an ardent advocate of American colonization, at Raleigh's request, to influence Queen Elizabeth. It fills 107 pages of the volume of the Maine collections.

Chapter I. That this Westerne discoverie will be greately for thinlargemente of the gospell of Christe, whereunto the princes of the Refourmed Relligion are chefely bounde, amongeste whome her Majestie ys principall.

Nowe the meanes to sende suche as shall labour effectually in this busines ys, by plantinge one or tuoo colonies of our nation upon that fyrme, where they may remaine in safetie, and firste learne the language of the people nere adjoyninge (the gifte of tongues beinge nowe taken awaye), and by little and little acquainte themselves with their manner, and so with discretion and myldeness distill into their purged myndes the swete and lively liquor of the gospel. Otherwise for preachers to come unto them rashly with oute some suche preparation for their safetie, yt were nothinge els but to ronne to their apparaunte and certaine destruction, as yt happened unto those Spanishe ffryers, that, before any plantinge, withoute strengthe and company, landed in Fflorida, where they were miserablye massacred by the savages.

Now yf they [Romanists], in their superstition, by means of their plantinge in those partes, have don so greate thinges in so shorte space, what may wee hope for in our true and syncere relligion, proposinge unto ourselves in this action not filthie lucre nor vaine ostentation, as they in deede did, but principally the gayninge of the soules of millions of those wretched people, the reducinge of them from darkenes to lighte, from falsehoodde to truthe, from dombe idolls to the lyvinge God, from the depe pitt of hell to the highest heavens.

And this enterprise the princes of the relligion (amonge whome her Majestie ys principall) oughte the rather to take in hande, because the papistes confirme themselves and drawe other to theire side, shewinge that they are the true Catholicke churche because they have bene the onely converters of many millions of infidells to Christianttie. Yea, I myselfe have bene demannded of them, how many infidells have been by us converted? ... Yet in very deede I was not able to name any one infidell by them converted. But God, quoth I, hath his tyme for all men, whoe calleth some at the nynthe, and some at the eleventh houer. And if it please him to move the harte of her Majestie to put her helpinge hande to this godly action, she shall finde as willinge subjectes of all sortes as any other prince in all Christendome.

Chapter V. That this voyadge will be a greate bridle to the Indies of the Kinge of Spaine. ...

But the plantinge of tuoo or three stronge fortes upon some goodd havens (whereof there is greate store) betwene Florida and Cape Briton, woulde be a matter in shorte space of greater domage as well to his flete as to his westerne Indies; for wee shoulde not onely often tymes indannger his flete in the returne thereof, but also in fewe yeres put him in hazarde in loosinge some parte of Nova Hispania.

Nowe if wee (beinge thereto provoked by Spanishe injuries) woulde either joyne with these savages, or sende or give them armor, as the Spaniardes arme our Irishe rebells, wee shoulde trouble the Kinge of Spaine more in those partes, than he hath or can trouble us in Ireland, and holde him at suche a bay as he was never yet helde at.[3]

4. Drayton's Ode to the Virginian Voyage

This poem was written by Michael Drayton in 1606, in honor of the proposed Virginian voyage that founded Jamestown. The complete Ode contains twelve stanzas, as printed in Drayton's Poems in 1619. It is reprinted in full in Brown's Genesis of the United States, I, 86-87.

You brave heroique minds,
Worthy your countries name,
That honour still pursue,
Goe, and subdue,
Whilst loyt'ring hinds
Lurk here at home with shame.

And cheerefully at sea,
Successe you still intice,
To get the pearle and gold,
And ours to hold,
Virginia,
Earth's only Paradise.

And in regions farre,
Such heroes bring yee forth
As those from whom we came;
And plant our name
Under that starre
Not knowne unto our north.

5. Goodspeed to Virginia, 1609

This pamphlet (by Robert Gray) contains about 9000 words. It was never printed. Extracts are given in Brown's Genesis of the United States, 293 ff. It was written to encourage the reorganization of the Virginia Company in 1609. (Cf. American History and Government, § 25.) The first of the extracts below comes from the "Epistle Dedicatory."

To the Right Noble and Honorable Earles, Barons, and Lords, and to the Right Worshipfull Knights, Merchants, and Gentlemen, Adventurers for the plantation of Virginea, all happie and prosperous successe, which may either augment your glorie, or increase your wealth, or purchase your eternitie.

Time ... consumes both man and his memorie. It is not brasse nor marble that can perpetuate immortalitie of name upon the earth. [But] A right sure foundation ... have you (My Lords and the rest of the most Worthie Adventurers for Virginia) laid for the immortalitie of your names and memorie, which, for the advancement of Gods glorie, the renowne of his Majestie, and the good of your Countrie, have undertaken so honourable a project, as all posterities shall blesse: and Uphold your names and memories so long as the Sunne and Moone endureth: Whereas they which preferre their money before vertue, their pleasure before honour, and their sensuall securitie before heroicall adventures, shall perish with their money, die with their pleasures, and be buried in everlasting forgetfulnes....

And therefore we may justly say, as the children of Israel say here to Joshua, we are a great people, and the lande is too narrow for us; so that whatsoever we have beene, now it behooves us to be both prudent and politicke, and not to deride and reject good powers of profitable and gainefull expectation; but rather to embrace every occasion which hath any probabilitie in its future hopes: And seeing there is neither preferment nor employment for all within the lists of our Countrey, we might justly be accounted as in former times, both imprudent and improvident, if we will yet sit with our armes foulded on our bosomes, and not rather seeke after such adventers whereby the Glory of God may be advanced, the teritories of our Kingdome inlarged, our people both preferred and employed abroad, our wants supplyed at home, His Majesties customes wonderfully augmented, and the honour and renown of our Nation spread and propagated to the ends of the World....

The report goeth, that in Virginia the people are savage and incredibly rude, they worship the divell, offer their young children in sacrifice unto him, wander up and downe like beasts, and in manners and conditions, differ very little from beasts, having no Art, nor science, nor trade, to imploy themselves, or give themselves unto, yet by nature loving and gentle, and desirous to imbrace a better condition. Oh how happy were that man which could reduce this people from brutishness to civilitie, to religion, to Christianitie, to the saving of their souls....

Farre be it from the hearts of the English, they should give any cause to the world to say that they sought the wealth of that Countrie above or before the glorie of God, and the propagation of his Kingdome.

Their second objection is [the argument of opponents of colonization] that this age will see no profit of this plantation. Which objection admit it were true, yet it is too brutish, and bewraies their neglect and incurious respect of posteritie: we are not borne like beasts for ourselves, and the time present only. ... What benefit or comfort should we have enjoyed in things of this world, if our forefathers had not provided better for us, and bin more carefully respective of posteritie than for themselves? We sow, we set, we build, not so much for ourselves as for posteritie; ... They which onely are for themselves, shall die in themselves, and shall not have a name among posterity; their rootes shall be dried up beneath, and above shall their branches bee cut down, their remembrance shall perish from the earth, and they shall have no name in the street. Job xviii; 16, 17.

Others object to the continuall charges [assessments] which will prove in their opinion very heavie and burdensome to those that shall undertake the said Plantation. These like the dog in the manger, neither eate hay themselves, neither will they suffer the Oxe that would. They never think any charge too much that may any way increase their owne private estate. They have thousands to bestow about the ingrossing of a commoditie, or upon a morgage, or to take their neighbors house over his head, or to lend upon usurie; but if it come to a publicke good, they grone under the least burden of charges that can bee required of them. These men should be used like sponges; they must be squeased, seeing they drink up all, and will yeeld to nothing, though it concerne the common good never so greatly. But it is demonstratively prooved in Nova Britannia, that the charges about this Plantation will be nothing, in comparison of the benefit that will grow thereof. And what notable thing I pray you can be brought to passe without charges? ... Without question, he that saves his money, where Gods glory is to be advanced, Christian religion propagated and planted, the good of the commonwealth increased, and the glorious renowne of the King inlarged is subject to the curse of Simon Magus, his money and he are in danger to perish together. Let none therefore find delaies, or faine excuses to withhold them from this imployment for Virginia, seeing every opposition against it is an opposition against God, the King, the Church, and the Commonwealth....

6. Nova Britannia, 1609

Peter Force's Historical Tracts, I (Washington, 1836).

This tract of some 12,000 words (equivalent to thirty-five pages of this volume) was written in 1609 for the same purpose as No. 5 above.

So I wish and intreat all well affected subjects, some in their persons, others in their purses, cheerefully to adventure, and joyntly take in hand this high and acceptable worke, tending to advance and spread the kingdome of God, and the knowledge of the truth, among so many millions of men and women, Savage and blind, that never yet saw the true light shine before their eyes ... as also for the honor of our King, and enlarging of his kingdome, and for preservation and defence of that small number our friends and countrimen already planted, least for want of more supplies we become a scorne to the world, subjecting our former adventures to apparent spoile and hazard, and our people (as a prey) to be sackt and puld out of possession, as were the French out of Nova Francia, not many yeares ago; and, which is the lest and last respect (yet usuallie preferred), for the singular good and benefite that will undoubtedly arise to this whole nation, and to everie one of us in particular, that will adventure therein.

It is knowne to the world [reference to attempts of Raleigh and Gilbert] how the present generation, scorning to sit downe by their losses, made newe attempts, not induring to looke on whilst so huge and spacious countries (the fourth part of the world) and the greatest and wealthiest part of all the rest, should remain a wilderness, subject (for the most part) but to wild beasts and fowles of the ayre, and to savage people, which have no Christian nor civill use of any thing; and that the subjects onely of one Prince Christian [Spaniards], which but within the memorie of man began first to creepe upon the face of those Territories, and now by meanes of their remnants settled here and there, do therefore imagine the world to be theirs, shouldring out all other nations, accounting themselves Kings and Commanders, not onely in townes and places where they have planted, but over all other partes of America, which containe sundrie vast and barbarous Regions, many of which (to this day) they never knew, nor did ever setle foote therein: which notwithstanding, if it were yeelded them as due, yet their strength and meanes, farre inferiour to their aspires, will never stretch to compasse ... the hundredth part.

But seeing we so passed by their dwellings, that in seating ourselves, wee sought not to unsettle them, but by Gods mercy, after many stormes, were brought to the Coast of another countrie, farre distant and remote from their habitations: why should any frowne or envie at it; or if they doe, why should wee (neglecting so faire an opportunitie) faint or feare to enlarge our selves? Where is our force and auncient vigour? Doth our late reputation sleepe in the dust? No, no, let not the world deceive it selfe; we still remaine the same, and upon just occasion given, we shall quickly shew it too:

... But wee must beware that ... that bitter root of greedy gaine be not so settled in our harts, that beeing in a golden dreame, if it fall not out presently to our expectation, we slinke away with discontent, and draw our purses from the charge. If any shew this affection, I would wish his baseness of minde to be noted. What must be our direction then? No more but this: if thou dost once approve the worke, lay thy hand to it cheerfully, and withdraw it not till thy taske bee done. In all assayes and new supplies of money be not lagge, nor like a dull horse thats alwaies in the lash; for heere lies the poison of all good attempts, when as men without halling and pulling, will not be drawne to performance, for by this, others are discouraged, the action lies undone, and the first expence is lost: But are wee to looke for no gaine in the lewe of all adventures? Yes undoubtedly, there is assured hope of gaine, as I will shew anon in due place; but look it be not chiefe in your thoughts. God, that hath said by Solomon: Cast thy bread upon the waters, and after many daies thou shalt find it: he will give the blessing.

... Two things are especially required herein, people to make the plantation, and money to furnish our present provisions and shippings now in hand: For the first, wee neede not doubt, our land abounding with swarmes of idle persons, which having no meanes of labour to releeve their misery, doe likewise swarme in lewd and naughtie practises, so that if we seeke not some waies for their forreine employment, wee must provide shortly more prisons and corrections for their bad conditions, for it fares with populous common weales as with plants and trees that bee too frolicke, which not able to sustaine and feede their multitude of branches, doe admit an engrafting of their buds and sciences into some other soile, accounting it a benefite for preservation of their kind, and a disburdening their stocke of those superfluous twigs that suck away their nourishment.

7. Statement of the Virginia Company, 1609

Brown's Genesis of the United States, I, 377 ff. This is one of the pamphlets put forth by the Company to stimulate stock subscription and emigration. As to the motives set forth in it, and in Nos. 2-6 above, cf. American History and Government, § 17.

A True and Sincere Declaration of the Purposes and Ends of the Plantation in Virginia. By Authority of the Governor and Councillors, December 14, 1609.[4]

... If all these be yet too weake to confirm the doubtfull, or awake the drousie, then let us come nearer, and arise from their reasons and affections to their soules and consciences: remember that what was at first but of conveniency, and for Honour is now become a case of necessity and piety: let them consider, that they have promised to adventure and not performed it; that they have encouraged and exposed many of Honorable birth, and which is of more consequence 600 of our Bretheren by our common mother the Church, Christians of one Faith and one Baptisme, to a miserable and inevitable death. Let not any man flatter himself, that it concernes not him, for he that forsakes whome he may safely releeve, is as guilty of his death as he that can swim, and forsakes himself by refusing, is of his owne. Let every man look inward, and disperse that cloud of avarice, which darkeneth his spiritual sight and he will finde there that when he shall appeare before the Tribunall of Heaven, it shall be questioned him what he hath done? Hath he fed and clothed the hungry and naked? It shall be required, what he hath done for the advancement of that Gospell which hath saved him; and for the releefe of his makers Image, whome he was bound to save: O let there be a vertuous emulation betweene us and the Church of Rome, in her owne Glory, and Treasury of Good Workes! And let us turn all our contentions upon the common enemy of the Name of Christ. How farre hath she sent out her Apostles and thorough how glorious dangers? How is it become a marke of Honor to her Faith, to have converted Nations, and an obloquie cast upon us, that we, having the better Vine, should have worse dressers and husbanders of it?....

Appendix.—To render a more particular satisfaction and account. ... And to avoyde both the scandall and peril of accepting idle and wicked persons; such as shame or fear compels into this action (and such as are the weedes and ranknesse of this land; who, being the surfet of an able, healthy, and composed body must needes be the poison of one so tender, feeble, and as yet unformed); And to divulge and declare to all men, what kinde of persons, as well for their religion and conversations, as Faculties, Arts and Trades, we propose to accept of:—We have thought it convenient to pronounce that for the first provision, we will receive no man that cannot bring or render some good testimony of his religion to God, and civil manners and behaviour to his neighbor with whom he hath lived; And for the second, we have set downe in a Table annexed, the proportion, and number we will entertaine in every necessary Arte, upon proofe and assurance that every man shall be able to performe that which he doth undertake, whereby such as are requisite to us may have knowledge and preparation to offer themselves. And we shall be ready to give honest entertainment and content, and to recompence with extraordinary reward, every fit and industrious person respectively to his Paines and quality.

The Table of such as are required to This Plantation.

• Foure honest and learned Ministers.
• 2. Salt-makers.
• 6. Coopers.
• 2. Surgeons.
• 2. Coller-makers for draught.
• 2. Druggists.
• 2. Plow-wrights.
• 10. Iron men for the Furnace and Hammer.
• 4. Rope-makers.
• 6. Vine-dressers.
• 2. Armorers.
• 2. Presse-makers.
• 2. Gun-Founders.
• 2. Joyners.
• 6. Blacksmiths.
• 10. Sawyers.
• 2. Sope-ashe men.
• 6. Carpenters.
• 4. Pitch Boylers.
• 6. Ship-wrights.
• 2. Minerall men.
• 6. Gardeners.
• 2. Planters of Sugar-Cane.
• 2. Silke-dressers.
• 4. Turners.
• 2. Pearle Drillers.
• 2. Bakers.
• 4. Brickmakers.
• 2. Brewers.
• 2. Tile-makers.
• 2. Colliers.
• 6. Fowlers.
• 10. Fishermen.
• 4. Sturgeon dressers.

8. Marston's "Eastward Hoe"

Marston published this play in 1605 to caricature the intended Virginian colonization. The name is a survival of the idea that Columbus had found the East. In the extract, the mate, Sea Gull, at a tavern meeting, is persuading some young blades to embark for the venture.

Sea Gull. Come boyes, Virginia longs till we share the rest of her....

Spendall. Why, is she inhabited alreadie with any English?

Sea Gull. A whole countrie of English is there, men bread of those that were left there in '79 [Ralegh's colony of '87 is meant]; they have married with the Indians ... [who] are so in love with them that all the treasure they have they lay at their feete.

Scape Thrift. But is there such treasure there, Captaine ...?

Sea Gull. I tell thee, golde is more plentifull there then copper is with us; and for as much redde copper as I can bring, Ile have thrise the waight in gold. Why, man, all their dripping pans ... are pure gould; and all the chaines with which they chaine up their streets are massie gold; all the prisoners they take are fettered in gold; and for rubies and diamonds they goe forth on holydayes and gather 'em by the seashore to hang on their childrens coates, and sticke in their children's caps, as commonly as our children wear saffron-gilt brooches. ... Besides, there wee shall have no more law than consceince, and not too much of eyther.

9. Crashaw's "Daily Prayer"

Force's Historical Tracts, III (1844), page 67.

The ardent clerical advocates of expansion, like Hakluyt and Crashaw, resented bitterly such "jests of prophane players" as No. 8 above; and Crashaw retorted by this passage in his form for "A Prayer duly said [at Jamestown] Morning and Evening ... either by the Captaine of the watch himselfe, or by some one of his principall officers." This form was drawn up in 1609, before Delaware's expedition, and was incorporated afterward in Dale's Code of Laws. The prayer would fill some twelve pages of this volume.

And whereas we have by undertaking this plantation undergone the reproofs of a base world, insomuch that many of our oune brethren laugh us to scorne, O Lord, we pray thee fortifie us against this temptation. Let ... Papists and players and such other ... scum and dregs of the earth, let them mocke such as helpe to build up the wals of Jerusalem, and they that be filthy, let them be filthy still; and let such swine still wallow in their mire....

10. Crashaw's Sermon, March 3/13, 1609/10

Brown's Genesis of the United States, page 360 ff.

This sermon was preached before Lord Delaware's Expedition, on the point of departure. The extract below was intended especially to refute such insinuations as those in No. 8. Cf. also the introduction to No. 9.

Text (Luke 22-32). "But I have praied for thee that thy faith faile not: therefore when thou art converted, strengthen thy brethren."

Oh but those that goe in person are rakte up out of the refuse, and are a number of disordered men, unfit to bring to passe any good action: So indeed say those that lie and slander. But I answer for the generalitie of them that goe, they be such as offer themselves voluntarily ... and be like (for ought that I see) to those [that] are left behind,—men of all sorts, better and worse. But for manie that go in person, let these objectors know, they be as good as themselves, and it may be, many degrees better....

This enterprise hath only three enemies. 1. The Divell, 2. The Papists, and 3. The Players. [Then, after paying respects to the first two] As for Plaiers: (pardon me, right Honorable and beloved, for wronging this place and your patience with so base a subject) they play with Princes and Potentates, Magistrates, and Ministers, nay, with God and Religion, and all holy things: nothing that is good, excellent, or holy can escape them: how then can this action? But this may suffice, that they are Players. They abuse Virginia, but they are but Players: they disgrace it: true, but they are but Players. ... The divell hates us, because wee purpose not to suffer Heathens; and the Pope, because we have vowed to tolerate no Papists. [Cf. Charter of 1609.] So doe the Players, because wee resolve to suffer no Idle persons in Virginea, which course, if it were taken in England, they know they might turn to new occupations.

11. Sir Edwin Sandys, 1612

Neill's Virginia and Virginiola (1878), page 44.

Sandys, then a member of the Council of the London Company, wrote to delinquent stockholders, urging the payment of subscriptions (April 8/18, 1612).

... presuming greatly of your affectionate Redines to aid ... so worthy an Enterprise, tending so greatly to the Enlargement of the Christian Truth, the Honour of our Nation, and Benefit of the English People....

12. Governor Dale to the London Company, 1613

Records of the Virginia Company of London (edited by Susan Kingsbury; Washington, 1906), II, 399-400.

Sir Thomas Dale wrote the following exhortation to Sir Thomas Smith, "Treasurer" of the Company, on June 13/23, 1613. This extract was read ten years later in a meeting of the Company.

Lett me tell you all at home this one thinge, and I pray remember it,—if you give over this Country and loose it, you with your wisedomes will leape such a gugion as our state hath not done the like since they lost the Kingdome of ffraunce: be not gulled with the clamorous reports of base people ... if the glory of god hath noe power with them, and the conversion of these poore Infidells, yet lett the rich Mammon's desires egge them on to inhabite these Countries. I protest unto you by the faith of an honest man, the more I range the Country, the more I admire it. I have seene the best Countries in Europe. I protest unto you before the Living God, put them altogether, this Country will be equivalent unto them if it be inhabited with good people.

[The Records continue, that, when this letter had been read, two members added that they had heard Dale say "that in his judgment out of foure of the best Kingdomes in Europe there could not be picked out soe much good ground as was in Virginia.">[

13. The London Company not Mercenary

From Captain John Smith's Generall Historie of Virginia (Birmingham edition of the Works, 1884, page 527). The passage was published in 1616, when Smith was at odds with the Company; but he defends that body gallantly against unjust charges.

This deare bought Land, with so much bloud and cost, hath onely made some few rich, and all the rest losers [which fate, however, does not deter their efforts, Smith explains] ... For the Nobilitie and Gentrie, there is scarce any of them expects anything but the prosperitie of the Action [success of the colony]; and there are some Merchants ... I am confidently persuaded, doe take more care and paines, nay, and at their continuall great charge, than they could be hired to for the love of money; so honestly regarding the generall good of this great Worke, they would hold it worse than sacrilege to wrong it but a shillinge.

14. John Smith's Last Plea for Colonization, 1631

Captain John Smith's Works (Birmingham edition), 935, 962.

... and what hath ever beene the worke of the best great Princes of the world, but planting of Countries, and civilizing barbarous and inhumane Nations to civility and humanity; whose eternall actions fils our histories with more honour than those that have wasted and consumed them by warres.

... the Portugals and Spaniards that first began plantations in this unknowne world of America [their "everlasting actions">[ will testifie our idlenesse and ingratitude to all posterity, and neglect of our duty and religion we owe our God, our King, and Countrey. ... Having as much power and meanes as others, why should English men despaire, and not doe as much as any? ... Seeing honour is our lives ambition, and our ambition after death to have an honourable memory of our life ... let us imitate their vertues, to be worthily their successors.

I speak not this to discourage any with vaine feares, but could wish every English man to carry alwaies this Motto in his heart,—Why should the brave Spanish Souldiers brag, The Sunne never sets in the Spanish dominions, but ever shineth on one part or other we have conquered for our King: ... but to animate us to doe the like for ours, who is no way his inferior.

And truly there is no pleasure comparable to a generous spirit as good imploiment in noble actions, especially amongst Turks, Heathens, and Infidels; to see daily new Countries, people, fashions, governments, stratagems; releeve the oppressed, comfort his friends, passe miseries, subdue enemies, adventure upon any feazable danger for God and his Country.

[The fine, idealistic motives of colonization, which have been treated in this Division (Nos. 2-14), are touched upon in many other documents. See especially the missionary purpose in No. 26 c, below.]

FOOTNOTES:

[3] Sir Philip Sydney urged his countrymen "to check the dangerous and increasing power of Spain and Rome in the New World by planting English protestant settlements there, which will increase until they extend from ocean to ocean." (Brown, First Republic, 1, 2.)

[4] Nos. 5-7 are taken from the voluminous literature of like character in one year, in order to make more vivid the amount available.

[III. ILLUSTRATIVE OF VIRGINIA HISTORY TO THE INTRODUCTION OF SELF-GOVERNMENT (1606-1619)]

15. The Gilbert and Raleigh Charters

Queen Elizabeth's charter to Sir Humphrey Gilbert (June, 1578) was first printed in Hakluyt's Voyages ... and Discoveries of the English Nation (1589). The Goldsmid edition of Hakluyt gives it, I, 360 ff. After Gilbert's death, Elizabeth reissued the charter to Sir Walter Raleigh (1584), with changes only in names and date. The Raleigh grant is easily accessible in Poore's Charters and Constitutions, under the head of North Carolina, or in Thorpe's American Charters and Constitutions.

The Letters Patents graunted by her Maiestie to Sir Humfrey Gilbert, knight, for the inhabiting and planting of our people in America.

I.—Elizabeth by the grace of God Queene of England, ... To all people to whom these presents shall come, greeting. Know ye that ... we ... by these presents ... do give and graunt to our trustie and welbeloved servant Sir Humfrey Gilbert of Compton, in our Countie of Devonshire knight, and to his heires and assignes for ever, free libertie and licence from time to time and at all times for ever hereafter, to discover, ... remote, heathen and barbarous lands ... not actually possessed of any Christian prince or people ... and the same to have, hold, occupie and enjoy to him, his heires and assignes for ever, with all commodities, jurisdictions, and royalties both by sea and land: ... And wee doe likewise by these presents ... give full authoritie and power to the saide Sir Humfrey, his heires and assignes, ... that hee and they ... shall and may at all and every time and times hereafter, have, take, and lead in the same voyages, to travell thitherward, and to inhabite there ... so many of our subjects as shall willingly accompany him ... with sufficient shipping, and furniture for their transportations,—so that none of the same persons ... be such as hereafter shall be specially restrained by us, ... And further, that he, the said Humfrey, his heires and assignes ... shall have, hold, occupy, and enjoy for ever, all the soyle of all such lands, countries, and territories so to be discovered or possessed as aforesaid, and of all Cities, Townes, and Villages, and places, in the same, with rites, royalties and jurisdictions, as well marine as other, within the sayd lands or countreys ... with ful power to dispose thereof, and of every part thereof, in fee simple or otherwise, according to the order of the laws of England, as nere as the same conveniently may be, paying unto us, for all services, dueties and demaunds, the fift part of all the oare of gold and silver, that from time to time, ... shall be there gotten; all which lands, countreys, and territories, shall for ever bee holden by the sayd Sir Humfrey, his heires and assignes of us, our heires and successours by homage, and by the sayd payment of the sayd fift part before reserved onely, for all services.

II.—And moreover, we doe by those presents ... give and graunt licence to the sayde Sir Humfrey Gilbert, his heires or assignes ... that hee and they ... shall and may from time to time and all times for ever hereafter, for his and their defence, encounter, expulse, repell, and resist, as well by Sea, as by land, and by all other wayes whatsoever, all, and every such person and persons whatsoever, as without the speciall licence and liking of the sayd Sir Humfrey, and of his heires and assignes, shall attempt to inhabite within the sayd countreys, ... or that shall enterprise or attempt at any time hereafter unlawfully to annoy either by Sea or land, the said sir Humfrey, his heires and assignes, or any of them:

III.— ... And wee doe graunt to ... all ... persons, being of our allegiance, whose names shall be noted or entred in some of our courts of Record, within this our Realme of England, and that with the assent of the said sir Humfrey, his heires or assignes, shall travel to such lands, ... and to their heires: that they and every or any of them, ... shall, and may have, and enjoy all privileges of free denizens and persons native of England, and within our allegiance: any law, custome, or usage to the contrary notwithstanding.

IV.—And forasmuch as upon the finding out, discovering and inhabiting of such remote lands, countreys and territories, as aforesayd, it shall be necessarie for the safetie of all men that shall adventure themselves in those journeys and voiages, to determine to live together in Christian peace and civill quietnesse each with other, whereby every one may with more pleasure and profit enjoy that whereunto they shall attaine with great paine and perill: wee, for us, our heires and successours, are likewise pleased and contented, and by these presents do give and graunt to the sayd sir Humfrey and his heires and assignes for ever, that he and they, and every or any of them, shall and may from time to time for ever here after within the sayd mentioned remote lands and countreys, and in the way by the Seas thither, and from thence, have full and meere power and authoritie to correct, punish, pardon, govern and rule by their and every or any of their good discretions and pollicies, as well in causes capitall or criminall, as civill, both marine and other, all such our subjects and others, as shall from time to time hereafter adventure themselves in the sayd journeys or voyages ... or that shall at any time hereafter inhabite any such lands, countreys or territories as aforesayd, ... according to such statutes, lawes and ordinances, as shall be by him the said sir Humfrey, his heires and assignes, or every or any of them, devised or established for the better government of the said people as aforesayd: so alwayes that the sayd statutes, lawes, and ordinances may be, as neere as conveniently may, agreeable to the forme of the lawes and pollicy of England: and also, that they be not against the true Christian faith or religion now professed in the church of England, nor in any wise to withdraw any of the subjects or people of those lands or places from the allegiance of us, our heires or successours, as their immediate Soveraignes under God....

Hints for Study.—1. Observe that no exact district is granted; why? 2. Note the power of the proprietor: (a) to regulate settlement; (b) to repel invasion; (c) to administer the government; (d) to make laws. 3. Note the guarantee of rights to the settlers; could it have been meant to cover the "right to vote," when taken in connection with the rest of the charter? 4. What church is established for the colony? Read and criticise Fiske's amazing misstatement in Old Virginia, I, 31, regarding this charter.

16. First Charter for Colonizing Virginia; April 10/20,[5] 1606

This charter was first printed by Stith in his History of Virginia (1747). Stith compiled carefully the four manuscript copies discoverable by him, and his text is usually followed. The text here given is taken from his work (Sabin's Edition, 1865). For secondary accounts, see American History and Government, § 22, and references for the same.

I.—James, by the grace of God, King of England, Scotland ... etc. Whereas our loving and well-disposed Subjects, Sir Thomas Gates, and Sir George Somers, Knights, Richard Hackluit, Clerk, Prebendary of Westminster, and Edward-Maria Wingfield, Thomas Hanham, and Ralegh Gilbert, Esqrs., William Parker, and George Popham, Gentlemen, and divers others of our loving Subjects, have been humble Suitors unto us, that We would vouchsafe unto them our Licence to make Habitation, Plantation, and to deduce a Colony of sundry of our People into that Part of America, commonly called Virginia, ... situate, lying, and being all along the Sea Coasts, between four and thirty Degrees of Northerly Latitude from the Equinoctial Line, and five and forty Degrees of the same Latitude,...

II.—And to that End, and for the more speedy Accomplishment of their said intended Plantation and Habitation there, are desirous to divide themselves into two several Colonies and Companies; The one consisting of certain Knights, Gentlemen, Merchants, and other Adventurers, of our City of London and elsewhere, ... which do desire to begin their Plantation and Habitation in some fit and convenient Place, between four and thirty and one and forty Degrees of the said Latitude, alongst the Coasts of Virginia and Coasts of America aforesaid; And the other consisting of sundry Knights, Gentlemen, Merchants, and other Adventurers, of our Cities of Bristol and Exeter, and of our Town of Plimouth, and of other Places, ... which do desire to begin their Plantation and Habitation in some fit and convenient Place, between eight and thirty Degrees and five and forty Degrees of the said Latitude,...

III.—We, greatly commending and graciously accepting of their Desires for the Furtherance of so noble a Work, which may, by the Providence of Almighty God, hereafter tend to the Glory of his Divine Majesty, in propagating of Christian Religion to such People, as yet live in Darkness and miserable Ignorance of the true Knowledge and Worship of God, and may in time bring the Infidels and Savages living in those Parts to human Civility, and to a settled and quiet Government; DO, by these our Letters Patents, graciously accept of, and agree to, their humble and well-intended Desires;

IV.—And do therefore, for Us, our Heirs, and Successors, GRANT and agree, that the said Sir Thomas Gates, Sir George Somers, Richard Hackluit, and Edward-Maria Wingfield, Adventurers of and for our City of London, and all such others, as are, or shall be, joined unto them of that Colony, shall be called the first Colony; And they shall and may begin their said first Plantation and Habitation, at any Place upon the said Coast of Virginia or America, where they shall think fit and convenient between the said four-and-thirty and one-and-forty Degrees of the said Latitude; And that they shall have all the Lands, Woods, Soil, Grounds, Havens, Ports, Rivers, Mines, Minerals, Marshes, Waters, Fishings, Commodities, and Hereditaments, whatsoever, from the said first Seat of their Plantation and Habitation by the Space of fifty Miles of English Statute Measure, all along the said Coast of Virginia and America, towards the West and Southwest, as the Coast lyeth, with all the Islands within one hundred Miles directly over against the same Sea Coast; And also all the Lands, Soil, Grounds, [etc.] ... from the said Place of their first Plantation and Habitation for the space of fifty like English Miles, ... towards the East and Northeast, or towards the North, as the Coast lyeth, together with all the Islands within one hundred Miles, directly over against the said Sea Coast; And also all the Lands, Woods, Soil, Grounds, [etc.] ... from the same fifty Miles every way on the Sea Coast, directly into the main Land by the Space of one hundred like English Miles; And shall and may inhabit and remain there; and shall and may also build and fortify within any the same, for their better Safeguard and Defence, according to their best Discretion, and the Discretion of the Council of that Colony....

V.—And we do likewise, for Us, our Heirs, and Successors, by these Presents, Grant and agree, that the said Thomas Hanham, and Ralegh Gilbert, William Parker, and George Popham, and all others of the Town of Plimouth in the County of Devon, or elsewhere, which are, or shall be, joined unto them of that Colony, shall be called the second Colony; And that they shall and may begin their said Plantation and Seat of their first Abode and Habitation, at any Place upon the said Coast of Virginia and America, where they shall think fit and convenient, between eight and thirty Degrees of the said Latitude, and five and forty Degrees of the same Latitude; And that they shall have all the Lands [Here follows a passage duplicating the corresponding part of section IV for the other subcompany.]

VI.—Provided always ... that the Plantation and Habitation of such of the said Colonies as shall last plant themselves, as aforesaid, shall not be made within one hundred like English miles of the other of them that first began to make their Plantation, as aforesaid.

VII.—And we do also ordain, establish, and agree, for Us, our Heirs, and Successors, that each of the said Colonies shall have a Council, which shall govern and order all Matters and Causes, which shall arise, grow, or happen, to or within the same several Colonies, according to such Laws, Ordinances, and Instructions, as shall be, in that behalf, given and signed with Our Hand or Sign Manual, and pass under the Privy Seal of our Realm of England; Each of which Councils shall consist of thirteen Persons, to be ordained, made, and removed, from time to time, according as shall be directed and comprised in the same instructions. [Provision for "seals" for the councils.]

VIII.—And that also there shall be a Council established here in England, which shall, in like Manner, consist of thirteen Persons, to be, for that Purpose, appointed by Us, our Heirs and Successors, which shall be called our Council of Virginia; And shall, from time to time, have the superior Managing and Direction, only of and for all Matters, that shall or may concern the Government, as well of the said several Colonies, as of and for any other Part or Place within the aforesaid Precincts of four and thirty and five and forty Degrees, above-mentioned [Provision for a seal.]

IX.—[Grant of right to mine for precious metals, yielding to the monarch the fifth part of gold and silver and the fifteenth part of copper.]

X.—[Right to coin money in the colonies.]

XI.—And we do likewise, for Us, our Heirs, and Successors, by these Presents, give full Power and Authority to the said Sir Thomas Gates, Sir George Somers, Richard Hackluit, Edward-Maria Wingfield, Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham, and to every of them, and to the said several Companies, Plantations, and Colonies, that they, and every of them, shall and may, at all and every time and times hereafter, have, take, and lead in the said Voyage, and for and towards the said several Plantations and Colonies, and to travel thitherward, and to abide and inhabit there in every the said Colonies and Plantations, such and so many of our Subjects, as shall willingly accompany them, or any of them, in the said Voyages and Plantations; ... Provided always that none of the said Persons be such as shall hereafter be specially restrained by Us, our Heirs, or Successors.

XII.—Moreover, we do, by these Presents, for Us, our Heirs, and Successors, Give and grant Licence unto the said Sir Thomas Gates, Sir George Somers, Richard Hackluit, Edward-Maria Wingfield, Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham, and to every of the said Colonies, that they, and every of them, shall and may, from time to time, and at all times for ever hereafter, for their several Defences, encounter, expulse, repel, and resist, as well by Sea as by Land, by all Ways and Means whatsoever, all and every such Person and Persons, as without the especial Licence of the said several Colonies and Plantations, shall attempt to inhabit within the said several Precincts and Limits of the said several Colonies and Plantations, or any of them, or that shall enterprise or attempt, at any time hereafter, the Hurt, Detriment, or Annoyance, of the said several Colonies or Plantations:

XIII.—[A peculiarly obscure section, which provides that the governing bodies in the colonies may collect tariffs on imported goods,—2½ per cent on English goods and 5 per cent on foreign goods; the proceeds to go to the proprietary Companies for 21 years, and afterward to the crown.]

XIV. And we do further, by these Presents, for Us, our Heirs, and Successors, Give and grant unto the said Sir Thomas Gates, Sir George Somers, Richard Hackluit, and Edward-Maria Wingfield, and to their Associates of the said first Colony and Plantation, and to the said Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham, and their Associates of the said second Colony and Plantation, that they, and every of them, by their Deputies, Ministers, and Factors, may transport the Goods, Chattels, Armour, Munition, and Furniture, needful to be used by them, for their said Apparel, Food, Defence, or otherwise in Respect of the said Plantations, out of our Realms of England and Ireland, and all other our Dominions, from time to time, for and during the Time of seven Years, next ensuing the Date hereof, for the better Relief of the said several Colonies and Plantations, without any Custom, Subsidy, or other Duty, unto Us, our Heirs, or Successors, to be yielded or paid for the same.

XV.—Also we do, for Us, our Heirs, and Successors, Declare, by these Presents, that all and every the Persons, being our Subjects, which shall dwell and inhabit within every or any of the said several Colonies and Plantations, and every of their children, which shall happen to be born within any of the Limits and Precincts of the said several Colonies and Plantations, shall HAVE and enjoy all Liberties, Franchises, and Immunities, within any of our other Dominions, to all Intents and Purposes, as if they had been abiding and born within this our Realm of England, or any other of our said Dominions.[6]

XVI.—Moreover, our gracious Will and Pleasure is, and we do, by these Presents, for Us, our Heirs, and Successors, declare and set forth, that if any Person or Persons, which shall be of any of the said Colonies and Plantations, or any other, which shall traffick to the said Colonies and Plantations, or any of them, shall, at any time or times hereafter, transport any Wares, Merchandises, or Commodities, out of any our Dominions, with a Pretence to land, sell, or otherwise dispose of the same, within any the Limits and Precincts of any the said Colonies and Plantations, and yet nevertheless, being at Sea, or after he hath landed the same within any of the said Colonies and Plantations, shall carry the same into any other Foreign Country, with a Purpose there to sell or dispose of the same, without the Licence of Us, our Heirs, and Successors, in that Behalf first had and obtained; That then, all the Goods and Chattels of such Person or Persons so offending and transporting, together with the said Ship or Vessel wherein such Transportation was made, shall be forfeited to Us, our Heirs, and Successors.

[Paragraph XVII reserves to the crown the right to disavow any unauthorized violence used by the Companies or their agents toward the subjects of other European countries; so that England need not be drawn into war by the colony if the king choose instead to leave it to its fate. The remaining paragraphs have to do mainly with landholding. They provide for a simpler method of transfer than was then common in England, and provide also that all land should be held as a freehold, not by military service,—"To be Holden of Us, our Heirs, and Successors, as of our Manor at East-Greenwich in the County of Kent, in free and common Soccage only, and not in Capite.">[

17. Instructions issued by King James

Hening's Statutes (1809, 1823), I, 67 ff.

The following instructions for the guidance of the colonizing companies were issued by King James, November 20/30, 1606, in accordance with power reserved by him in the charter. They do not merit the ridicule which has been heaped upon them.

[Recital of the grant in preceding charter.]

Wee, according to the effect and true meaning of the same letters pattents, doe by these presents, ... establish and ordaine, that our trusty and well beloved Sir William Wade, knight, our Lieutenant of our Tower of London, Sir Thomas Smith, knight, Sir Walter Cope, knight, Sir Gorge Moor, knight, Sir Francis Popeham, knight, Sir Ferdinando Gorges, knight, Sir John Trevor, knight, Sir Henry Montague, knight, recorder of the citty of London, Sir William Rumney, knight, John Dodderidge, Esq., Sollicitor General, Thomas Warr, Esqr., John Eldred of the citty of London, merchant, Thomas James of the citty of Bristol, merchant, and James Bagge of Plymouth, in the county of Devonshire, merchant, shall be our councel for all matters which shall happen in Virginia of any the territories of America, between thirty-four and forty-five degrees from the æquinoctial line northward, and the Islands to the several colonies limited and assigned, and that they shal be called the King's Councel of Virginia, which councel or the most part of them shal have full power and authority, att our pleasure, in our name, and under us, our heires and successors, to give directions to the councels of the several collonies which shal be within any part of the said country of Virginia and America, within the degrees first above mentioned, with the Islands aforesaid, for the good government of the people to be planted in those parts, and for the good ordering and disposing of all causes happening within the same, and the same to be done for the substance thereof, as neer to the common lawes of England, and the equity thereof, as may be, and to passe under our seale, appointed for that councel, which councel, and every or any of them shall, from time to time be increased, altered or changed, and others put in their places, att the nomination of us, our heires and successors, and att our and their will and pleasure; And the same councel of Virginia, or the more part of them, for the time being shall nominate and appoint the first several councellours of those several councells which are to be appointed for those two several colonies, which are to be made plantations in Virginia ... according to our said letters pattents in that behalfe made; And that each of the same councels of the same several colonies shal, by the major part of them, choose one of the same councel, not being the minister of God's word, to be president of the same councel, and to continue in that office by the space of one whole year, unless he shall in the mean time dye or be removed from that office; and wee doe further hereby establish and ordaine that it shal be lawful for the major part of either of the said councells, upon any just cause, either absence or otherwise, to remove the president or any other of that councel, ... from being either president or any of that councel, and upon the deathes or removal of any of the presidents or councel, it shal be lawfull for the major part of that councel to elect another in the place of the party soe dying or removed, so alwaies as they shal not be above thirteen of either of the said councellours, and we doe establish and ordaine, that the president shal not continue in his office of presidentship above the space of one year; and wee doe specially ordaine, charge, and require the said presidents and councells, and the ministers of the said several colonies respectively, within their several limits and precincts, that they, with all diligence, care, and respect, doe provide, that the true word and service of God and Christian faith be preached, planted, and used, not only within every of the said several colonies and plantations, but alsoe as much as they may amongst the salvadge people which doe or shall adjoine unto them, or border upon them, according to the doctrine, rights, and religion now professed and established within our realme of England; ... and moreover wee doe hereby ordaine and establish for us, our heires and successors, ... that the offences of tumults, rebellion, conspiracies, mutiny and seditions in those parts which may be dangerous to the estates there, together with murther, manslaughter, incest, rapes, and adulteries committed in those parts within the precincts of any the degrees above mentioned (and noe other offences) shal be punished by death, and that without the benefit of the clergy, except in case of manslaughter, in which clergie is to be allowed; and that the said several presidents and councells ... shall have full power and authority, to hear and determine all and every the offences aforesaid, within the precinct of their several colonies, in manner and forme following, that is to say, by twelve honest and indifferent persons sworne upon the Evangelists, to be returned by such ministers and officers as every of the said presidents and councells, or the most part of them respectively shall assigne, and the twelve persons soe returned and sworne shall, according to the evidence to be given unto them upon oath and according to the truth, in their consciences, either convict or acquit every of the said persons soe to be accused and tried by them, ... and that every the said presidents and councells, within their several limits and precincts, shall have power and authority by these presents, to hear and determine all and every other wrongs, trespasses, offences, and misdemeanors whatsoever, other than those before mentioned, upon accusation of any person, and proofe thereof made, by sufficient witnesse upon oath; and that in all those cases the said president and councel ... shall have power and authority to punish the offender, either by reasonable corporal punishment and imprisonment, or else by a convenient fine, awarding damages or other satisfaction to the party grieved, as to the same president and councell shall be thought fitt and convenient, having regard to the quality of the offence, or state of the cause; and that alsoe the said president and councel, shall have power and authority, by virtue of these presents, to punish all manner of excesse, through drunkennesse or otherwaise, and all idle loytering and vagrant persons, which shall be found within their several limits and precincts, according to their best discretions, and with such convenient punishment, as they or the most part of them shall think fitt; ... Alsoe our will and pleasure is, and wee doe hereby establish and ordaine, that the said several collonies and plantations, ... shall ... for the space of five years, next after their first landing upon the said coast of Virginia and America, trade together all in one stocke (or devideably, but in two or three stocks at the most), and bring not only all the fruits of their labours there, but alsoe all such other goods and commodities which shall be brought out of England, or any other place, into the same collonies, into severall magazines or store houses, for that purpose to be made and erected there, and that in such order, manner, and form, as the councel of that collony, or the more part of them, shall sett downe and direct....

18. Instructions by the Council in England to the Expedition to Virginia; December, 1606

Printed first in Neill's Virginia Company (1869) from the manuscript records of the Company at Washington. Reprinted in full in Brown's Genesis, I, 79 ff. About a third of the paper is given here.

When it shall please God to send you on the coast of Virginia, you shall do your best endeavour to find out a safe port in the entrance of some navigable river making choice of such a one as runneth farthest into the land, and if you happen to discover divers portable rivers, and amongst them any one that hath two main branches, if the difference be not great, make choice of that which bendest most to the North-West, for that way you shall soonest find the other sea.

When you have made choice of the river on which you mean to settle, be not hasty in landing your victuals and munitions, but first let Captain Newport discover how far that river may be found navigable, that you make election of the strongest, most wholesome and fertile place; for if you make many removes, besides the loss of time, you shall greatly spoil your victuals and your casks, and with great pain transport it in small boats.

When you have discovered [explored] as far up the river as you mean to plant yourselves, and landed your victuals and munitions, to the end that every man may know his charge, you shall do well to divide your six score men into three parts, whereof one party of them you may appoint to fortifie and build, of which your first work must be your store-house for victual; the other you may imploy in preparing your ground and sowing your corn and roots; [but] ten of these forty you must leave as centinel at the haven's mouth. The other forty you may imploy for two months in discovery of the river above you, and on the country about you,...

In all your passages you must have great care not to offend the naturals, if you can eschew it, and imploy some few of your company to trade with them for corn and all other lasting victuals, if they have any, and this you must do before that they perceive you mean to plant among them; for not being sure how your own seed corn will prosper the first year, to avoid the danger of famine, use and endeavour to store yourselves of the country corn.

And how weary soever your soldiers be, let them never trust the country people with the carriage of their weapons, for if they run from you with your shott, which they only fear, they will easily kill them all with their arrows. And whensoever any of yours shoots before them, be sure that they be chosen out of your best marksmen, for if they see your learners miss what they aim at, they will think the weapon not so terrible, and thereby will be bould to assault you.

Above all things do not advertize the killing of any of your men, that the country people may know it; if they perceive that they [you] are but common men, and that with the loss of many of theirs, they may deminish any part of yours, they will make many adventures upon you. If the country be populous, you shall do well also not to let them see or know of your sick men, if you have any, which may also encourage them to many enterprises. You must take especial care that you choose a seat for habitation that shall not be over burthened with woods near your town, for all the men you have shall not be able to cleanse twenty acres a year, besides that it may serve for a covert for your enemies round about.

Neither must you plant in a low or moist place because it will prove unhealthfull. You shall judge of the good air by the people, for some part of that coast where the lands are low have their people blear eyed, and with swollen bellies and legs; but if the naturals be strong and clean made, it is a true sign of a wholesome soil.

It were necessary that all your carpenters and other such like workmen about building do first build your store house and those other rooms of publick and necessary use before any house be set up for any private persons; yet let them all work together first for the company and then for private men.

Lastly and chiefly the way to prosper and achieve good success is to make yourselves all of one mind for the good of your country and your own, and to serve and fear God the Giver of all Goodness, for every plantation which our Heavenly Father hath not planted shall be rooted out.

19. Exploration and Sufferings

a. Percy's Discourse

"That Honorable Gentleman, Master George Percy," wrote a detailed narrative of the first months in Virginia. The manuscript is lost, but extended extracts from it (such as would fill some twenty-five pages of this volume) are preserved in the fourth volume of "Purchas his Pilgrimes" (1625).

... The six and twentieth day of Aprill about foure a clocke in the morning, wee descried the Land of Virginia: the same day wee enterd into the Bay of Chesupioc without any let or hinderance; there wee landed and discovered a little way, but we could find nothing worth the speaking of but faire meddowes and goodly tall Trees, with such Fresh-waters runninge through the woods as I was almost ravished at the first sight thereof.

At night, when wee were going aboard, there came the Savages creeping upon all foure, from the Hills, like Beares, with their Bowes in their mouthes, [and] charged us very desperately ... After they had spent their Arrowes and felt the sharpnesse of our shot, they retired into the Woods with a great noise, and so left us.

The [28th] day ... we went further into the Bay, and saw a plaine plot of ground where we went on Land ... we saw nothing there but a Cannow, which was made out of the whole tree, which was five and fortie foot long, by the Rule. Upon this plot of ground we got good store of Mussels and Oysters, which lay upon the ground as thicke as stones: wee opened some and found in many of them Pearles. ... We passed through excellent ground full of Flowers of divers kinds and colours, and as goodly trees as I have seene, as cedar, cipresse, and other kindes. Going a little farther, we came into a little plot full of fine and beautifull strawberries, foure times bigger and better than ours in England.

[The closing pages are in the main a list of deaths, through August and September.] Our men were destroyed with cruell diseases, as Swellings, Fluxes, Burning fevers, and by warres; and some departed suddenly, but for the most part they died of meere famine. There were never Englishmen left in a forreigne Countrey in such miserie as wee were ... Wee watched every three nights, lying on the bare cold ground, what weather soever came; [and] warded all the next day, which brought our men to bee most feeble wretches. Our feed was but a small can of Barlie sod in Water to five men a day; our drinke, cold water taken out of the River, which was at a flood verie Salt, at a low tide full of slime and filth, which was the destruction of many of our men. Thus we lived for the space of five months in this miserable distresse, not having five able men to man our Bulwarkes upon any occasion. If it had not pleased God to have put a terrour in the Savages heartes, we had all perished by those vild and cruell Pagans, being in that weake estate ... our men night and day groaning in every corner of the Fort most pittiful to heare. If there were any conscience in men, it would make their harts to bleede to heare the pittifull murmurings and outcries of our sick men without reliefe every night and day for the space of sixe weekes, some departing out of the World, many times three or foure in a night, in the morning their bodies trailed out of their Cabines like Dogges to be burried.

b. "Gentlemen" in Virginia in 1608

From an account written probably by Captain Todkill, a rough soldier, and published in Smith's Works (Birmingham edition), 439.

But 30 of us he [Smith] conducted doune the river some 5 myles from James toune, to learne to make Clapbord, cut doune trees, and lye in the woods. Amongst the rest he had chosen Gabriel Beadle, and John Russell, the onely two gallants of this last Supply, and both proper Gentlemen. Straunge were these pleasures to their conditions; yet lodging, eating, and drinking, working or playing, they [were] but doing as the President did himselfe. All these things were carried so pleasantly as within a weeke they became Masters: making it their delight to heare the trees thunder as they fell; but the Axes so oft blistered their tender fingers that many times every third blow had a loud othe to droune the eccho; for remedie of which sinne, the President devised how to have every mans othes numbred, and at night for every othe to have a Cann of water poured doune his sleeve, with which every offender was so washed (himselfe and all) that a man should scarce heare an othe in a weeke.

By this, let no man thinke that the President and these Gentlemen spent their times as common Wood haggers at felling of trees, or such other like labour, or that they were pressed to it as hirelings, or common slaves; for what they did, after they were but once a little inured, it seemed ... onely as a pleasure and recreation: yet 30 or 40 of such voluntary Gentleman would doe more in a day than 100 of the rest that must be prest to it by compulsion; but twentie good workemen had beene better than them all.

20. Second Charter of Virginia; May 23/June 2, 1609

The text is printed in Stith's History of Virginia; cf. introduction to No. 16.

I.—[A recital of the grant of 1606.]

II.—Now, forasmuch as divers and sundry of our loving Subjects, as well Adventurers, as Planters, of the said first Colony, which have already engaged themselves in furthering the Business of the said Colony and Plantation, and do further intend, by the Assistance of Almighty God, to prosecute the same to a happy End, have of late been humble Suitors unto Us, that (in Respect of their great Charges and the Adventure of many of their Lives, which they have hazarded in the said Discovery and Plantation of the said Country) We would be pleased to grant them a further Enlargement and Explanation of the said Grant, Privileges, and Liberties, and that such Counsellors, and other Officers, may be appointed amongst them, to manage and direct their affairs, as are willing and ready to adventure with them, as also whose Dwellings are not so far remote from the City of London but that they may, at convenient Times, be ready at Hand to give their Advice and Assistance upon all Occasions requisite.

III.—We, greatly affecting the effectual Prosecution and happy Success of the said Plantation, and commending their good Desires therein, for their further Encouragement in accomplishing so excellent a Work, much pleasing to God, and profitable to our Kingdom, Do ... Give, Grant, and Confirm, to our trusty and well-beloved Subjects, Robert, Earl of Salisbury[7] ...; And to such, and so many, as they do, or shall hereafter, admit to be joined with them, in Form hereafter in these Presents expressed, whether they go in their Persons, to be Planters there in the said Plantation, or whether they go not, but adventure their Monies, Goods, or Chattels; That they shall be one Body or Commonalty perpetual, and shall have perpetual Succession, and one common Seal, to serve for the said Body or Commonalty; And that they, and their Successors, shall be KNOWN, CALLED, and INCORPORATED by the Name of, The Treasurer and Company of Adventurers and Planters of the City of London for the first Colony in Virginia:

IV.—And that they, and their Successors, shall be, from henceforth, for ever enabled to TAKE, ACQUIRE, and PURCHASE, by the Name aforesaid (Licence for the same, from Us, our Heirs or Successors, first had and obtained) any Manner of Lands, Tenements, and Hereditaments, Goods, and Chattels, within our Realm of England and Dominion of Wales:

V.—And that they, and their Successors, shall likewise be enabled, by the Name aforesaid, to PLEAD, and BE IMPLEADED, before any of our Judges or Justices, in any of our Courts, and in any Actions or Suits whatsoever.

VI.—And we do also ... GIVE, GRANT and CONFIRM, unto the said Treasurer and Company, and their Successors, under the Reservations, Limitations, and Declarations, hereafter expressed, all those Lands, Countries, and Territories, situate, lying, and being, in that Part of America called Virginia, from the Point of Land, called Cape or Point Comfort, all along the Sea Coast, to the Northward two hundred Miles, and from the said Point of Cape Comfort, all along the Sea Coast, to the Southward two hundred Miles, and all that Space and Circuit of Land, lying from the Sea Coast of the Precinct aforesaid, up into the Land, throughout from Sea to Sea, West and Northwest; And also all the Islands lying within one hundred Miles along the Coast of both Seas of the Precinct aforesaid;...

VII.—[Right to dispose of lands.]

VIII.—And forasmuch, as the good and prosperous Success of the said Plantation cannot but chiefly depend, next under the Blessing of God, and the Support of our Royal Authority, upon the provident and good Direction of the whole Enterprize by a careful and understanding Council, and that it is not convenient that all the Adventurers shall be so often drawn to meet and assemble, as shall be requisite for them to have Meetings and Conference about the Affairs thereof; Therefore we DO ORDAIN, establish, and confirm, that there shall be perpetually one Council here resident, according to the Tenour of our former Letters-patents; Which Council shall have a Seal, for the better Government and Administration of the said Plantation, besides the legal Seal of the Company or Corporation, as in our former Letters-patents is also expressed.

IX.—[Names of the members of the council appointed.]

X.—And the said Sir Thomas Smith we do ORDAIN to be Treasurer of the said Company; which Treasurer shall have Authority to give Order for the Warning of the Council, and summoning the Company, to their Courts and Meetings.

XI.—And the said Council and Treasurer, or any of them, shall be from henceforth, nominated, chosen, continued, displaced, changed, altered, and supplied, as Death, or other several Occasions, shall require, out of the Company of the said Adventurers, by the Voice of the greater Part of the said Company and Adventurers, in their Assembly for that Purpose: Provided always, That every Counsellor, so newly elected, shall be presented to the Lord Chancellor of England, or to the Lord High Treasurer of England, or to the Lord Chamberlain of the Household of Us, our Heirs, and Successors, for the time being, to take his Oath of a Counsellor to Us, our Heirs, and Successors, for the said Company of Adventurers and Colony in Virginia.

XII.—[Provision for a Deputy Treasurer.]

XIII.—And further ... we do, by these Presents, Give and Grant full Power and Authority to our said Council, here resident, as well at this present Time, as hereafter from time to time, to nominate, make, constitute, ordain, and confirm, by such Name or Names, Stile or Stiles, as to them shall seem good, And likewise to revoke, discharge, change, and alter, as well all and singular Governors, Officers, and Ministers, which already have been made, as also which hereafter shall be by them thought fit and needful to be made or used, for the Government of the said Colony and Plantation:[8]

XIV.—And also to make, ordain, and establish all Manner of Orders, Laws, Directions, Instructions, Forms, and Ceremonies of Government and Magistracy, fit and necessary, for and concerning the Government of the said Colony and Plantation; And the same, at all times hereafter, to abrogate, revoke, or change, not only within the Precincts of the said Colony, but also upon the Seas in going and coming to and from the said Colony, as they, in their good Discretion, shall think to be fittest for the Good of the Adventurers and Inhabitants there.

XV.—[Previous authorities in Virginia supplanted by these new arrangements.]

XVI.—And we do further, by these Presents, Ordain and establish, that the said Treasurer and Council here resident, and their Successors, or any four of them, being assembled (the Treasurer being one) shall, from time to time, have full Power and Authority, to admit and receive any other Person into their Company, Corporation, and Freedom; And further, in a General Assembly of the Adventurers, with the Consent of the greater Part, upon good Cause, to disfranchise and put out any Person or Persons, out of the said Freedom or Company.

XVII.—[Right to minerals, as in First Charter, section IX, paying to the king the fifth part, etc.]

XVIII.—[Right to transport willing colonists to Virginia.]

XIX.—[Certain exemptions from English customs duties, in favor of the Company.]

XX.—[Grant to the Company and to its officers in Virginia that it may expel unwelcome settlers and outsiders who "enterprise" destruction, hurt, or annoyance. The language is taken from the First Charter, section XII.]

XXI.—[Right to levy import duties, as in First Charter.]

XXII.—[Rights of settlers. Repeated from First Charter, section XV.]

XXIII.—And forasmuch, as it shall be necessary for all such our loving Subjects as shall inhabit within the said Precincts of Virginia, aforesaid, to determine to live together, in the Fear and true Worship of Almighty God, Christian Peace, and civil Quietness, each with other, whereby every one may, with more Safety, Pleasure, and Profit, enjoy that whereunto they shall attain with great Pain and Peril; We ... do GIVE and GRANT unto the said Treasurer and Company, and their Successors, and to such Governors, Officers, and Ministers, as shall be, by our said Council, constituted and appointed, according to the Natures and Limits of their Offices and Places respectively, that they shall and may, from time to time for ever hereafter, within the said Precincts of Virginia, or in the way by Sea thither and from thence, have full and absolute Power and Authority, to correct, punish, pardon, govern, and rule, all such the Subjects of Us ... as shall, from time to time, adventure themselves in any Voyage thither, or that shall, at any time hereafter, inhabit in the Precincts and Territories of the said Colony, as aforesaid, according to such orders, Ordinances, Constitutions, Directions, and Instructions, as by our said Council, as aforesaid, shall be established; And in Defect thereof, in case of Necessity, according to the good Discretions of the said Governor and Officers, respectively, as well in Cases capital and criminal as civil, both marine and other; So always, as the said Statutes, Ordinances, and Proceedings, as near as conveniently may be, be agreeable to the Laws, Statutes, Government, and Policy of this our Realm of England.

XXIV.—And we do further ... GRANT, DECLARE, and ORDAIN, that such principal Governor, as, from time to time, shall duly and lawfully be authorised and appointed, in Manner and Form in these Presents heretofore expressed, shall have full Power and Authority, to use and exercise Martial Law, in Cases of Rebellion or Mutiny, in as large and ample Manner as our Lieutenants in our Counties, within this our Realm of England, have, or ought to have....

XXV.—[Penalty for trying to evade English revenue laws under color of transporting goods to the colony, as in section XVI of the First Charter.]

XXVI.—And further our will and pleasure is, that in all questions and doubts that shall arise upon any difficulty of construction or interpretation of anything contained either in this or in our said former letters patents, the same shall be taken and interpreted in most ample and beneficial manner for the said treasurer and company....

XXVII.—[Confirms all privileges granted in the first charter and not herein altered or revoked.]

XXVIII.—[Provides that anyone who will adventure the necessary money shall be received in full equality as a member of the Company.]

XXIX.—And lastly, because the principal Effect which we can desire or expect of this Action, is the Conversion and Reduction of the People in those Parts unto the true Worship of God and Christian Religion, in which Respect we should be loath that any Person should be permitted to pass that we suspected to affect the superstitions of the Church of Rome; We do hereby DECLARE, that it is our Will and Pleasure, that none be permitted to pass in any Voyage, from time to time to be made into the said Country, but such as first shall have taken the Oath of Supremacy; For which Purpose, we do, by these Presents, give full Power and Authority, to the Treasurer for the time being, and any three of the Council, to tender and exhibit the said Oath to all such Persons as shall at any time be sent and employed in the said Voyage....

[It is a profitable exercise to read some of the sections in a more logical order. Thus the political provisions are seen better if arranged in the following sequence: XIV, XIII, XV, XXIII, XXIV, XXII. Certainly, too, XXVIII should follow, or be combined with, XVI. The utterly meaningless arrangement of many of these great documents, together with the unpardonable carelessness of the copiers, account partly for their needless length and largely for their obscurity.

Nova Britannia (No. 6 above) contains also an explanation of the method of "industry in common" and of the proposed method of sharing profits,—all of which was continued ten years more under this charter:—

"Wee call those Planters that goe in their persons to dwell there, and those Adventurers that adventure their money and go not in person; and both doe make the members of one Colonie. We do account twelve pound ten shillings to be a single share adventured. Every ordinary man or woman, if they will goe and dwell there, and every childe above tenne yeares that shall be carried thither to remaine, shall be allowed for each of their persons a single share, as if they had adventured twelve pound ten shillings in money. [Extraordinarie men, as Divines, Governors, ... Knights, Gentlemen, Physitions, and such as be men of worth for special services, to be rated higher,—as the Council may value them.] And likewise, if any that goe to bee planters will lay downe money to the Treasurer, it shall be also registered and their shares inlarged, accordingly, be it for more or lesse. All charges of setling and maintaining the Plantation, and of making supplies, shall be borne in a joint stock of the adventurers for seven yeares after the date of our new enlargement: during which time there shall be no adventure nor goods returned in private from thence, neytheir by Master, Marriner, Planter, nor Passenger.">[

21. Third Charter for Virginia. March 12/22, 1611/1612[9]

First printed in Stith (cf. introduction to No. 16); found also in the collections of Poore and Thorpe (cf. introduction to No. 15).

The greater part of this document is given (1) to an enlargement of territory (by inclusion of the Somers islands), (2) to extraordinary rights of jurisdiction to compel fulfilment of contracts and to prevent slander of the Company, and (3) to provisions for lotteries for the Company's support. These parts are omitted. Only those clauses are given here which bear upon the reorganization of the Company and upon its powers of government.

VII.—And We do hereby ORDAIN and GRANT, by these Presents, that the said Treasurer and Company of Adventurers and Planters aforesaid, shall and may, once every Week, or oftener, at their Pleasure, hold and keep a Court and Assembly, for the better Order and Government of the said Plantation, and such things, as shall concern the same; And that any five Persons of our Council for the said first Colony in Virginia, for the time being, of which Company the Treasurer, or his Deputy, to be always one, and the Number of fifteen others, at the least, of the Generality of the said Company, assembled together in such Manner as is and hath been heretofore used and accustomed, shall be said, taken, held, and reputed to be, and shall be a sufficient Court of the said Company, for the handling, and ordering, and dispathcing [dispatching] of all such casual and particular Occurrences, and accidental Matters, of less Consequence and Weight, as shall, from time to time, happen, touching and concerning the said Plantation:

VIII.—And that nevertheless, for the handling, ordering, and disposing of Matters and Affairs of greater Weight and Importance, and such, as shall or may, in any Sort, concern the Weal Publick and General Good of the said Company and Plantation, as namely, the Manner of Government from time to time to be used, the Ordering and disposing of the Lands and Possessions, and the Settling and Establishing of a Trade there, or such like, there shall be held and kept, every Year, upon the last Wednesday, save one, of Hillary Term, Easter, Trinity, and Michaelmas Terms, for ever, one great, general, and solemn Assembly, which four Assemblies shall be stiled and called, The four Great and General Courts of the Council and Company of Adventurers for Virginia; In all and every of which said Great and General Courts, so assembled ... the said Treasurer and Company, or the greater Number of them, so assembled, shall and may have full Power and Authority, from time to time, and at all times hereafter, to elect and chuse discreet Persons, to be of our said Council for the said first Colony in Virginia, and to nominate and appoint such officers, as they shall think fit and requisite for the Government, Managing, Ordering, and Dispatching of the Affairs of the said Company; And shall likewise have full Power and Authority, to ordain and make such Laws and Ordinances, for the Good and Welfare of the said Plantation, as to them, from time to time, shall be thought requisite and meet: So always, as the same be not contrary to the Laws and Statutes of this our Realm of England....

X.—And we do ... further grant ... that the said Treasurer and Company, or the greater Part of them ... so in a full and general Court assembled ... shall and may ... admit into their Company ... any Person or Persons....

XI.—And We do further ... grant ... that it shall be lawful and free for them ... out of our Dominions ... to take, lead, carry and transport ... for and toward the said Plantation of our said ... Colony of Virginia all and so many of our loving Subjects ... as shall willingly accompany them....

XII.—And We do further ... grant ... that the said Treasurer of that Company, or his Deputy ... or any two other of the said Council ... have full power and authority to minister and give the Oath and Oaths of Supremacy and Allegiance, or either of them, to all and every Person and Persons, which shall at any Time or Times ... go or pass to the said Colony.

XX.—And further, our Will and Pleasure is, that in all Questions and Doubts, that shall arise, upon any Difficulty of Construction or Interpretation of any Thing, contained in these, or any other our former Letters-patents, the same shall be taken and interpreted, in most ample and beneficial Manner for the said Treasurer and Company, and their Successors, and every Member thereof.

XXI.—And lastly, we do, by these Presents, RATIFY AND CONFIRM unto the said Treasurer and Company, and their Successors, for ever, all and all Manner of Privileges, Franchises, Liberties, Immunities, Preheminences, Profits, and Commodities, whatsoever, granted unto them in any our former Letters-patents, and not in these Presents revoked, altered, changed, or abridged.

Hints for Study.—1. Compare the clauses relating to the oath of supremacy in the second and third charters. (The passage given above contains all such matter found in the third charter.) When the third charter was issued, James had broken with his first parliament, and probably wished to draw the great Catholic lords nearer to himself.

2. Compare the provisions for the meeting of the whole Company in the second charter with the more specific provisions in the third.

3. The most important sections are VII and VIII. Observe that no regular meetings of the Council are provided. That body had lost all controlling power; it remained merely a preconsidering body, to prepare business for the meetings of the stockholders. Five of the Council, however, had to be of the small quorum necessary for one of the minor "courts" (VII), and, in fact, those minor courts were usually little more than Council meetings.

From the general tenor of this charter and the preceding one, it would seem as though "Planters" from Virginia, if present in London, might attend the "Courts" and vote. But in practice, when this question was raised, it was decided against the visiting Planters (Company Records, II, 301). Only holders of shares of stock could vote, and, in practice, stock certificates were not issued for emigration to America.

22. Danger from Spanish Attack (1607-1614)

The following extracts from the correspondence between Zuñiga, the Spanish ambassador at London, and the King of Spain are taken from the documents printed in Brown's Genesis. These letters were usually in cypher. The translations, of course, are in modern English. Cf. American History and Government, § 24.

a. Zuñiga to the King of Spain; London, October 16, 1607

Those who urge the colonization of Virginia become every day more eager ... and before Nativity there will sail from here [London] and from Plymouth five or six ships. It will be serving God and Your Majesty to drive these villains out from there, hanging them.

[In this same letter, Zuñiga says that he has found a man to inform him of all the secret doings of the Council for Virginia; and, November 10, he advises that the Spanish "Windward fleet" be used at once to drive out the colonists. The Spanish Council at Madrid reported, however, that the fleet was not in state of preparation.]

[December 6.] As to Virginia, I hear that three or four other ships will return there. Will your Majesty give orders that measures be taken in time [to destroy the settlement]; because now it will be very easy, and quite difficult afterwards, when they have taken root; and if they are punished in the beginning, the result will be that no more will go there.

[December 22.] It appears that there will be more people there after Nativity than those I have written of. Wherefore Your Majesty will see how necessary it is to act with vigor and hasten the remedy.

[After reading these letters, the Spanish Council made the following record: "The Council says that having informed Your Majesty ... Your Majesty was pleased to command that there should be prepared whatever was necessary to drive out the people who are in Virginia." This report is indorsed by the King: "Not to let anyone know what is being done."

Similar matter is found in letters from Zuñiga under date of March 28, 1608; November 8, 1608.]

[March 5, 1609.] The Baron de Arundel [an English Catholic who had been a candidate for the governorship of Virginia, and who now apparently was playing traitor] offers to leave here whenever Your Majesty may command, under pretext of a voyage of discovery, and that in the Canaries or Porto Rico he will take on board the person Your Majesty will send, as a man fleeing out of Spain, and will carry him to Virginia, and instruct him as to ... the parts which the English hold ... and that soon he will tell Your Majesty by what means those people may be driven out without violence.[10] [But Zuñiga urges immediate and violent action, since King James is sure to acquiesce after the fact.] Hence Your Majesty will command that they be destroyed with the utmost possible promptness.

[April 12, 1609. After describing a new English expedition to Virginia,—Lord Delaware's.] Your Majesty will see the great importance of this matter for your Royal Service, and thus, I hope, will give orders to have these insolent people quickly annihilated.

b. Velasco (Zuñiga's Successor at the English Court) to the King of Spain; June 14, 1610

[After reporting the news of the terrible winter of 1609 in Virginia] Thus it looks as if the zeal for this enterprise was cooling off, and it would be easy to make an end of it altogether by sending out a few ships to finish what might be left in that place.

[The Spanish Council report upon this letter to the King, and add: "It appears to the Council that this should be communicated to the Council of War ... and that it be asked to state what will be right and proper to do, the supply of ships and whatever else may be needful for that purpose. Y. M. will command what shall be done." This is indorsed, with the King's signature, "It is well.">[

c. Digby (English Ambassador at Madrid) to King James

[September 22, 1612.] There is nothing so generally spoken of in the Courte as their intent to remove Our plantation from Virginia. And, for myne owne parte, I am of beliefe that the Spaniards will serve us as thei did the Frenchmen in Florida [Ribault's colony] unless wee undertake the business much more thoroughly and roundely then hitherto wee have donne.[11]

[November 12, 1612.] I got a view of his [Zuñiga's] dispatch [by bribing some Spanish official, of course]. The chief matters were ... that there was no cause to apprehend so much danger in Virginia ... that he held it not unlikely the Business might sinke of itselfe, since it was maynteyned but by these shifts, which could last but for a yeare or two....

[For some months after the above, however, Digby sends frequent warnings of a Spanish expedition which he thinks is preparing against Virginia (Brown, Genesis, 603, 609, 623); but May 13, 1613, he writes again to James I:]

... theire resolution is not to stirre therein until they shall be better informed ... they are yet in a greate hope that the businesse will fall of itselfe. [Cf. other letters to the same effect, May 22, May 26, Aug. 15, in Brown's Genesis, 634, 635, 656.]

FOOTNOTES:

[5] See explanation of this form on page 44.

[6] Observe that this important section of the charter is sandwiched in between two sections which ought not to have been separated.

[7] Here follow the names of 659 persons and 56 gilds. The lists would fill some ten pages. It includes 21 of the greatest lords in England, 96 knights and some 90 other country gentlemen, 53 "captains," and a number of "sadlers," "drapers," "grocers," etc., with some professional men and others not classified. Fifty of the incorporators were members of the existing parliament, and fifty more were members of Parliament at one time or another. Among the 659 incorporators were Robert Cecil (the minister of Elizabeth and of James), the Earl of Southampton (Shakspere's friend), Sir Oliver Cromwell (uncle to the great Oliver), Francis Bacon, Richard Hakluyt, George Calvert (afterward Lord Baltimore), and Sir Edwin Sandys, soon to be the great Puritan leader in Parliament.

[8] Hannis Taylor (in his English Constitution, I, 21), in a passage abounding in blunders, regards this Council as made up of Virginians and exercising local self-government. Unhappily there are other instances of the same error in standard works.

[9] England in the seventeenth century still used the "Old Style" dates, instead of the "New" or Gregorian Style. The year began March 25, instead of January 1, and all dates between these two (from January 1 to March 25) were then given in the year previous to the one in which our "New Style" puts them. Moreover, the New Style moved all dates forward ten days. Therefore March 12, 1611, as the charter was dated at the time, means to us March 22, 1612.

[10] A long report upon the state of Virginia, its geography and resources, by an Irishman in Spanish pay, is given in Brown's Genesis, I, 393-399.

[11] For more such exhortation and warning from Digby, see Brown's Genesis, 539, 588, 592-3, 787.

[IV. THE LIBERAL LONDON COMPANY AND SELF-GOVERNMENT IN VIRGINIA (1619-1624)]

23. From the Rules of the Virginia Company in London

Peter Force's Historical Tracts, III (Washington, 1844), No. 6.

These rules, one hundred thirty-two in number, and bulky enough to fill fifty pages of this volume, were adopted by the London Company shortly after it came under Liberal control, in June, 1619. For the history of the struggle in the Company, cf. a brief statement in American History and Government, § 27.

XV.—At the great and generall Court, commonly called the Quarter Court, in Easter Terme, all offices of this Company (excepting the Counseil) shall be void: And the Court shall proceede to an election of new Officers, in manner following.

XVII.—After the choise of a Treasuror, a Deputie shall be chosen; then the Auditors, and Comitties; and lastly the Secretarie, Bookekeeper, Husband, and Bedle.

XVIII.—At the choise of each Officer, the persons nominated for the election, shall withdraw themselves till the party chosen be publiquely so pronounced. And generally no man shall be present in the Court whilst himselfe or his matter passeth the judgement of the Court.

XX.—It is for weighty reasons thought very expedient, that no man continue in the place of Treasurer or Deputie, above three yeares at once.

XXI.—For the avoiding of divers inconveniences, It is thought fit that all elections of principall Officers in or for[12] Virginia as also of the Treasurer and Deputie here, be performed by a Ballating box, as in some other Companies.

XXVI.—He [the Treasurer] is to propound and put all things to the question which the Court requires, under paine of being immediately put from his Office, if he refuse. In which case the Deputie shall doo it, under the like paine. And if he refuse, then any of the Council there present.